- English
Law, policy, and practice on the protection of stateless people and prevention and reduction of statelessness is generally positive in Moldova. The country’s record on treaty accession is good and it has established a dedicated Statelessness Determination Procedure (SDP) in law. The SDP is accessible, with a mandatory interview, an option to initiate the procedure ex officio, and some rights are granted to applicants. People recognised as stateless in Moldova are granted rights in line with nationals, but do not have any political rights (for example, they cannot vote in any elections).
Moldovan law provides for detention to be used only as a last resort and a country of removal must be set prior to detention for removal. Although there is an accelerated route to naturalisation, reduced from ten years, a stateless person must still wait eight years before being eligible to apply for naturalisation. There are partial safeguards in nationality law to prevent statelessness. Since June 2023, children born on the territory who would otherwise be stateless may acquire nationality by application and after undergoing the SDP, if they meet the conditions to be recognised as stateless, irrespective of the status of their parents. The Moldovan legal framework provides for universal birth registration. However, access to birth registration and a birth certificate is hindered in practice by the requirement that the child’s mother must be documented to register a birth, with some communities at higher risk of remaining unregistered, including Roma. Provisions for deprivation of nationality have been expanded and may result in statelessness, including on the grounds of nationality security.
Oleg Palii, Law Center of Advocates (CDA)
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