Statelessness in Malta – Guest appearance on the European Network on Statelessness Blog

Malta european network
Malta finally acceded to the 1954 Convention relating to the Status of Stateless Persons on 11 December 2019.  I discuss what this means for Malta’s stateless on the excellent statelessness.eu blog from the European Network on Statelessness.

The European Network on Statelessness brings together non-governmental organisations, academic initiatives, and individual experts committed to addressing statelessness in Europe.  As well as its weekly blog, the Network carries out and supports legal and policy development, awareness-raising and capacity building activities.

Have a read of my blog post and let me know what you think.  And don’t forget to sign up for the European Network on Statelessness newsletter, it’s a fantastic resource written by top experts in the field.

 

Malta’s approach to naturalisation needs to change

In my blog I highlight Malta’s reticence to facilitate, as far as possible, the naturalisation of stateless persons as required by Article 32 of the 1954 Convention.  Malta, in fact, entered a reservation to Article 32.  This means that the state does not consider itself bound by the provisions of that Article.  The inadequate procedures available for stateless individuals to apply for Maltese citizenship have also raised concerns.

The challenges start right from the beginning, with Malta’s failure to take steps to identify who is stateless and accord them protection as a stateless person.  It continues with the potentially prohibitive cost of a naturalisation application, and the onerous evidentiary requirements.  Should a stateless person get through those hurdles and is refused, there is no right to a reasoned decision for the refusal or an avenue to appeal that decision.

 

Acceding to the Convention is a good start, but its only a start

Malta is still to ratify the 1961 Convention on the Reduction of Statelessness and accede to the 1997 European Convention on Nationality.  These two Conventions place further duties on states to provide a safeguard for stateless people through the grant of citizenship.  For more information on the importance of citizenship for stateless person you can take a look at my previous blogs here and here.

Acceding to the Convention is the start and not the end of the journey for Malta.  It still has a lot of work to do to reduce statelessness and mitigate its effects on individuals.  The good news is that having acceded to the 1954 Convention, Malta has a framework to help get it right.