An online poll on Malta Today shows that some 67% of respondents agree with Joseph Muscat’s proposed push-back policy. It’s just a poll, not a scientific study, however it’s indicative of public sentiment. For the sake of this article, let’s assume that 67% of the Maltese agree with such policy.

One might argue that if the majority is behind Muscat, implementing push back (on which he himself is now backing off indicating he was only using it to threaten the EU) would be democratic.

Thankfully it doesn’t work that way. A majority, even confirmed by elections does not in itself make a democracy. For instance both Putin in Russia and Erdogan in Turkey, were elected with a majority yet both cannot claim to be democratic. The rampant breaches of human rights, especially the persecution of political opponents and journalists make any of these leaders’ claims to be democratic nothing more than a joke, even though they got a majority in the polls.

I remember reading a quote (unfortunately I forgot its author’s name) that depicts all this in a single sentence:

“Would it still be a democracy if 51% of the population voted for the right to kill the other 49% with impunity?”

I think the answer is pretty obvious.

This may sound extreme and hopefully no country will ever arrive in such a dire situation. However it makes a point very clear: Having the support of the majority is still undemocratic if the basic rights of minorities are not respected.

This argument holds true for push-back. For a simple reason. What Muscat proposed was not the deportation of failed asylum seekers (which is completely legitimate) but a deportation that would have been carried out before they even had a right to file for asylum. And asking for asylum is a fundamental human right.

And while I do find the majority on the issue as worrying, I also find them irrelevant. They could have been 90% and still, implementing push back before one even had the chance to ask for asylum would be not only illegal but undemocratic.

It would, among other things, have turned the Maltese government into a very serious human rights abuser that wouldn’t mind breaking my own rights if it’s politically convenient.

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