Stateless people face the risk of rights violations every day because most European States lack a proper process to determine statelessness and provide a route out of limbo.
In our new blog series, our members describe the work they are doing in countries across Europe to push for change, progress made and what still needs to be done.
From commitment to action: Malta urgently needs a Statelessness Determination Procedure
Statelessness in Malta remains largely invisible due to the absence of a formal statelessness determination procedure (SDP). As a result, data is limited and what exists primarily relates to asylum seekers and refugees recorded as having an ‘unknown nationality’.
Stateless people in Malta often face prolonged legal uncertainty because of a lack of recognition. This translates into inability to access stable residence, employment and basic rights, leaving people in a perpetual limbo. They are also exposed to the risk of arbitrary detention when detained for a removal that is unlikely to happen. Government agencies do not systematically record statelessness and do not produce publicly available data.
Statelessness in Malta: an invisible population
Official statistics are scarce. The 2021 Census recorded 171 stateless people in Malta, likely underestimating the true figure for a lack of reporting. The International Protection Agency (IPA) reported only one person with ‘unknown nationality’ in 2023 and none for 2024. Other sources, such as the European Migration Network (EMN), have reported no data for 2021-2024, reflecting a gap in data collection.
This invisibility contributes to vulnerability and prevents effective responses.
Protection gaps in law and practice
While it is welcome that Malta acceded to the 1954 Convention relating to the Status of Stateless Persons in 2019, it did so with significant reservations. It is also important to note that the Convention does not have direct effect in domestic law, and Malta is not party to other core stateless conventions (aside from signing – but not yet ratifying - the European Convention on Nationality).
While Maltese law contains some safeguards to prevent statelessness, implementation is limited. For instance, provisions exist to grant children born stateless in Malta a conditional right to acquire nationality after five years of legal residence. But this safeguard is not effectively applied in practice.
The key issue of focus in this blog is that Malta lacks a dedicated SDP and does not provide a residence permit or protection for stateless people. Statelessness might be considered during a procedure to determine someone’s claim for international protection, but this does not lead to formal recognition of statelessness. Also, the definition of a stateless person under the Maltese Citizenship Act does not fully align with international standards.
In practice, some individuals may be able to regularise their stay through temporary humanitarian protection, but this does not provide long-term security, nor does it address their statelessness.
Progress and delays
Since Malta’s accession to the 1954 Convention, the Government has made some progress to address these gaps and move towards the introduction of an SDP. In a 2019 press release, the Ministry for Foreign Affairs and Trade Promotion commented that acceding to the Convention represented an important milestone for Malta, saying that “it is important to recognise that each stateless person faces particular hardships that should not be disregarded”. In the press release, the Government confirmed its commitment to implementing the convention and guaranteeing stateless people’s rights. However, despite establishing an inter-agency committee to examine possible models for an administrative SDP, it has so far failed to commit to a timeline or action plan for its delivery.
aditus and ENS have been working for several years, with projects like the Statelessness Index helping to monitor progress and hold the Government to account of its obligations towards stateless people in the country.. Together with UNHCR and ENS, we have met with the Home Affairs Ministry at least once a year to remind the authorities of the need to introduce an SDP and reaffirm our willingness to proactively engage with and support its development and implementation. Just recently, aditus and ENS held promising meetings with the Home Affairs and Foreign Affairs Ministries where both underlined Malta’s commitment to implementing its international obligations. But despite these assurances, statelessness appears to be a low priority for the Government and there is still no clear sign of a procedure being imminent.
In the meantime, people who cannot be returned to their country of origin may be granted Temporary Humanitarian Protection by the International Protection Agency, offering a form of legal stay. But this does not constitute recognition of statelessness, so does not provide a durable or rights-based solution in line with the 1954 Convention.
As well as advocating with the authorities, aditus also organises capacity-building sessions with other Maltese NGOs to raise awareness of statelessness, and provides technical input to a grassroots initiative working to find solutions for undocumented children in Malta, including stateless children. As well as pressure from civil society, the Government has received recommendations from human rights bodies, calling on it to establish an SDP.
What could an SDP in Malta look like?
In our 2021 briefing note on statelessness, we clearly set out what an SDP in Malta could look like and how it could be implemented in 14 steps.
Firstly, the SDP should be enshrined in a special Act of Parliament, setting out the definition of a stateless person in line with the 1954 Convention, designating the competent authority (ideally the IPA), explaining the procedure, the right to an effective remedy, and details of a dedicated statelessness protection status
Access to the procedure should be clear, with all applications being acknowledged and evidenced with documentary proof similar to the Asylum-Seeker Document. This should offer legal and social protection during the procedure, including reception conditions, access to employment, accommodation, social protection, and healthcare, as well as protection from return and detention. Referrals from other procedures should be possible.
Finally, procedural safeguards and guarantees should be established in law to the same level as those generally guaranteed in asylum procedures. It is also important to ensure the identification and protection of vulnerable applicants (such as LGBTIQ+ persons, children, people with disabilities, etc).
The way forward: moving from commitment to action
Malta repeatedly stressing its commitment to introducing an SDP, whilst simultaneously not taking steps to progress this, continues to disappoint and frustrate. Whilst the number of people affected by this delay may be low, their plight and anxieties cannot be ignored. Stateless people regularly approach our office seeking solutions to their undocumented status, blocked within an impasse that prevents them from moving on and rebuilding their lives. Where children are involved, whether born stateless in Malta or having arrived without any nationality, the feelings of helplessness are acute.
The authorities have indicated that they fear introducing an SDP will lead to a large volume of applications from people who are undocumented but may not be stateless. But aditus and ENS have repeatedly explained that by its very nature, an SDP requires authorities to make contact with countries of former habitual residence and origin to establish if the applicant is recognised as a national – the only two possible outcomes of an SDP are that a) someone is found to be stateless or b) they are documented as a national of another country. A fair, effective SDP in line with good practice therefore mitigates any such concerns.
The Government now needs to adopt a clear action plan to move it towards the adoption of an SDP. This should envisage active engagement with statelessness experts including aditus, ENS, UNHCR and other relevant stakeholders. It should set an implementation timeframe and kick start it right away.
Civil society willingness to engage is secured. What is missing is the Government’s reciprocal willingness. Malta's stateless population deserves a quicker path to recognition and protection.
Interested in learning more about SDPs in Europe?
Read our briefing on statelessness determination and protection.
Watch our webinar exploring what needs to happen next to improve the identification and protection of stateless people in Europe.
Visit our StatelessnessINDEX for analysis of law, policy and practice in 35 countries.
Watch this space for more blogs from our members over the coming weeks.
