Maltese National Commission for the Promotion of Equality (NCPE)

Date established:

Mode of establishment:

Primary Legislation

Status:

Mandate/objectives:

Grounds of Discrimination covered:

Competences and responsibilities:

1. to identify, establish and update all policies directly or indirectly related to issues of equality for men and women;
2. to identify the needs of persons who are disadvantaged by reasons of their sex and to take such steps within its power and to propose appropriate measures in order to cater for such needs in the widest manner possible;
3. to monitor the implementation of national policies with respect to the promotion of equality for men and women;
4. to liaise between, and ensure the necessary co-ordination between, government departments and other agencies in the implementation of measures, services or initiatives proposed by Government or the Commission from time to time;
5. to keep direct and continuous contact with local and foreign bodies working in the field of equality issues, and with other groups, agencies or individuals as the need arises;
6. to work towards the elimination of discrimination between men and women;
7. to carry out general investigations with a view to determine whether the provisions of the Act to Promote Equality for Men and Women are being complied with;
8. to investigate complaints of a more particular or individual character to determine whether the provisions of this Act are being contravened with respect to the complainant and, where deemed appropriate, to mediate with regard to such complaints;
9. to inquire into and advise or make determinations on any matter relating to equality between men and women as may be referred to it by the Minister;
10. to provide assistance, as and when appropriate, to persons suffering from discrimination in enforcing their rights under this Act;
11. to keep under review the working of this Act, and where deemed required, at the request of the Minister or otherwise, submit proposals for its amendment or substitution;
12. to perform such other function as may be assigned by this or any other Act or such other functions as may be assigned by the Minister.

The competences and responsibilities of NCPE with respect to race are similar to the above as set out in Legal Notice 85 of 2007 and bind the Commission. Furthermore:

10. (1) The Commissioner, with the assistance of the Equality Commission, shall keep under review the working of the provisions of this Order.
(2) Subject to the other provisions of this Order, the functions of the Commissioner under sub-article (1) of article 12 of the relevant Act shall extend, and shall also apply mutatis mutandis, to issues of equal treatment of persons within the meaning of the provisions of this Order and to issues of compliance with, and the enforcement of rights under, the provisions of this Order, which functions shall continue to be exercised with the assistance of the Equality Commission.

11. (1) The Commissioner may initiate investigations on any matter involving an act or omission that is allegedly unlawful under the provisions of this Order.
(2) The Commissioner may also initiate investigations on the receipt of a complaint in writing by persons who claim to be the victims of an act or omission contrary to the provisions of this Order.
(3) If it appears to the Commissioner that persons who wish to make a complaint under sub-article (2) of this article require assistance to formulate the complaint, the Commissioner shall take or order the taking of such reasonable steps as may be necessary to assist such persons in making the complaint.

Main activities:

The NCPE actively promotes equality through various initiatives and through the investigation of complaints brought before it by the general public and through the dissemination of information in view of the various projects that it is leading or a member of their respective partnership.
NCPE has the obligation to:

• to investigate complaints of a more particular or individual character to determine whether the provisions of this Act are being contravened with respect to the complainant and, where deemed appropriate, to mediate with regard to such complaints;

and

• to provide assistance, where and as appropriate, to persons suffering from discrimination in enforcing their rights under this Act;

NCPE is also responsible for the implementation of the Racial Equality Directive as outlined in Legal Notice 85 of 2007.

Publications:

NCPE publishes a detailed annual report which highlights the work performed by the Commission. In addition to this publication, NCPE publishes ad hoc documents (e.g. Sexual Harassment: A Code of Practice), and other publications regarding the projects that are currently being undertaken. Copies of most of the documents can be found online at http://www.equality.gov.mt/page.asp?p=8655&l=1

Management:

The Executive Director is responsible for the day-to-day running of the NCPE while the Commissioner and members of the Commission are responsible of the policy direction of NCPE.

Nomination of senior staff and board:

The NCPE policy direction is set by the Commission which is composed of seven members including the Commissioner. The Commission is appointed by the Minister for the Family and Social Solidarity for a two-year period and its members can be reappointed or changed on the expiration of the term. The Executive Director of the executive arm was appointed by government for an indefinite period.

Number of Staff:

The NCPE employs a total of 15 employees – 10 on full-time basis and 5 on part-time basis.

Budget:

The budget allocated for NCPE for the years 2004 and 2005 was of Lm75000 (€174,763) per year. In 2006 the budget increased to Lm100000 (€232,995).
This budget is allocated annually and requires parliamentary approval.

Accountability:

The NCPE is accountable to the Ministry for the Family and Social Solidarity (MFSS), to which entity NCPE presents quarterly reports for review. NCPE also publishes an annual report which is distributed widely and presented to the Prime Minister and the Cabinet.

Address:

National Commission for the Promotion of Equality (NCPE)
Gattard House,
National Road,
Blata l-Bajda HMR 9010
MALTA
Tel: +356 2590 3850
Fax: +356 2590 3851
Email: equality@gov.mt
Website: www.equality.gov.mt