The Convention relating to the Status of Stateless Persons is a United Nations multilateral treaty that aims to protect stateless individuals. The Commentary to the Convention contains frequent references to stateless persons, Since the Refugee Convention came into force on April 22, , the . The Convention was adopted by the United Nations Conference on the Status . holders are stateless persons under the Convention of 28th September “.
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Refworld | Convention Relating to the Status of Stateless Persons
Our advocacy activities — consisting of a combination of strategic litigation namely Suso Musa v. Maltapublic awareness-raising, capacity-building and technical reports — were successful largely thanks to the concerted efforts conventio a group of NGOs that relentlessly urged Malta to revise its reception regime.
Whilst the former practice was largely reduced following the mentioned reform, stateless persons remain at risk of arbitrary detention since their statelessness is not a juridically relevant factor in the assessment as to whether detention may and ought to be imposed in pre-removal scenarios.
These issues were examined in depth in our report for ENS, Protecting Stateless Persons from Arbitrary Detentionwherein we underlined how the absence of a statelessness determination procedure exposes stateless people to a legal limbo status impinging on their quality of life and enjoyment of fundamental rights.
Its development increased our awareness of national issues, allowing us to be more strategic and relevant in the way we formulate our advocacy objectives.
Malta has neither signed nor ratified any of the two international statelessness conventions, resulting in a national context that does not recognise, identify or grant rights to stateless persons. Whilst UNHCR and our own research does not indicate a sizeable community of stateless people, we are nonetheless concerned that they struggle to be squeezed in legislation and policies that are not targeted to regulating their specific situation, or to meeting their particular needs.
A national status, Temporary Humanitarian Protection New, has been created to acknowledge the integration efforts of undocumented migrants including stateless persons, where relevant by offering, inter alia, access to the labour market, health services and protection from removal, yet — to date — it remains unregulated and quite discretionary.
Overall, Malta provides very limited protection for stateless people.
As mentioned, although it is party to some relevant international and regional human rights treaties, it is not party to any of the core statelessness conventions. Maltese law provides some protections against arbitrary detention, but rights afforded to people detained for removal purposes, for example, are very limited. Malta has no mechanism to identify statelessnesd determine statelessness, and no stateless protection status.
Convention relating to the Status of Stateless Persons
There are some safeguards in Maltese law to prevent convehtion, but implementation is problematic and there are some key gaps. The law prevents statelessness in cases of adopted children and new-born foundlings whose parents remain unidentified.
Malta is also yet to amend its legislation following a European Court of Human Rights judgement, which ruled that Citizenship Act provisions distinguishing between children born in and out of wedlock to Maltese nationals abroad, were discriminatory.
Our current advocacy efforts are focusing statelessnesss urging the ratification of the Convention Relating to the Status of Stateless Persons, as this will provide a basis for establishing a statelessness determination procedure and statelessess gathering national population data that is inclusive of stateless persons.
Simultaneously, but at a later stage, we are keen to discuss operational details with the relevant authorities in order to ensure a procedure incorporating best practices, and a status that allows stateless persons to enjoy their fundamental human rights. The December newsletter edition includes an interview with Skip to main content.
Like us on Facebook Follow us on twitter Sign up. Ensure that all migrants have proof of legal identity and adequate documentation Universal Declaration of Human Rights 20 December Website by Manta Ray Media.