The lack of a legal framework with regard to statelessness : should this be incorporated in Maltese domestic law?

Abstract

This Legal Paper shall answer the question of whether Malta should access the 1954 and the 1961 Conventions relating to Statelessness. It will feature the salient need of these two Conventions by highlighting the situation in Malta. It will discuss how Malta falls short of providing a legal framework and provisions which address statelessness while highlighting how indispensable the Conventions are with regard to statelessness and Malta’s present situation. This Paper discusses the meaning of statelessness and delves deeper into what it involves in order to get a better understanding of the concept itself. Furthermore, it examines the regime which currently regulates the acquisition of nationality in Malta with the aim of highlighting how this legislation lacks a determination procedure in respect of stateless persons. Having said this the International Framework provided by the aforementioned Conventions is discussed whereby this determination procedure will be highlighted. In order to aid Malta’s position, two countries’ mechanism will be examined in order to shed light on what Malta’s procedure would look like. In Addition, the EU and statelessness will be debated where the prescribed nexus between statelessness and Human Rights is emphasized. The aim of this Legal Paper also manifests in the work of the UNHCR, JRS, Aditus Foundation and other mandated NGO’s, whereby such agencies aid to facilitate naturalisation of stateless persons as well as protect these persons. Finally, the conclusion of this legal paper will then focus on recommendations to how Malta should align its provisions to international instruments. These recommendations help Malta guarantee and maintain the rights of stateless people while providing an option for these people, with the aim of eliminating the protection gap and the legal limbo that statelessness creates.