Malta

According to the reply of the Ministry for Home Affairs, National Security and Law Enforcement to the Questionnaire about EBCO’s Annual Report 2022 (e-mail on 23/01/2023):

“As the right to conscientious objection is not a right per se but derived from an interpretation of the right to freedom of thought, conscience, and religion, it features accordingly in the Constitution of Malta under Article 40. Article 35 addresses conscientious objection in terms of military personnel with regards to forced labour by stating that this exception does not include any labour required of a member of disciplined forced in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service. It therefore would suggest that conscientious objection in this regard is acknowledged even though Maltese legislation does not explicitly provide for it. The lawfulness of the labour is key.

To note, Chapter 220 of the Laws of Malta titled ‘Malta Armed Forces Act’ provides for in Article 47 ‘Disobedience to particular orders’ that wilful defiance of authority, disobedience to a lawful command given or sent to the solider personally shall on conviction by a court martial be liable to imprisonment. Once again this refers to the lawfulness of the labour, but it does not explicitly refer to an order which goes against article 40 of the Constitution. One will take it that if this situation arises, Malta would follow the international principles and standards on the matter.”