New briefing published calling for introduction of an SDP in Malta

7 Dec 2021 / Malta / Statelessness determination and status

ENS member and Index partner, aditus foundation, has published a new briefing note on statelessness aimed at urging Malta to follow through on its international commitment to protect stateless people.

In 2019, Malta acceded to the 1954 Convention Relating to the Status of Stateless Persons. This was a welcome development, confirming Malta’s commitment to resolving the situation of stateless persons in Malta. Yet, to date, Malta has not taken the legislative or administrative steps necessary to fulfil its new Convention obligations.
As a result of this omission, stateless people in Malta remain unidentified and at risk of violations of their fundamental rights. Examples include the rights to education, employment, freedom from discrimination, housing, personal liberty, family and private life.
Furthermore, without a formal procedure mandated to determine statelessness, Malta is unable to gain the necessary insights into the nature and size of its stateless population. So, it is prevented from taking the steps that could remedy and prevent statelessness.
Whilst discussions with the Ministry for Home Affairs, National Security, and Law Enforcement on Malta’s statelessness determination procedure (SDP) remain ongoing, aditus foundation felt it necessary to galvanise the process by providing technical input. The aim of this Briefing Note is to urge the Government to establish an SDP that is in line with good practice, accessible, fair and efficient, and which leads to a dedicated status with clear rights attached to it.

The Briefing draws on information from the Statelessness Index to put forward recommendations for the implementation of an SDP and how Malta can most effectively protect, respect and fulfil rights accorded to stateless people under the 1954 Convention.

The Briefing Note was shared with the Ministry for Home Affairs, National Security and Law Enforcement, with the hope that it could feed into a conversation on the setting up of Malta’s statelessness determination procedure. It was also shared with governmental and non-governmental stakeholders, seeking to instil a broader awareness on the need for Malta to better secure the rights of stateless people.

Read the Briefing Note here. 

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