A critique of our current citizenship procedure towards the stateless person

Abstract

This term paper presents a critique on Malta’s citizenship procedure regarding stateless individuals, giving specific attention to the 1954 Convention Relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness and the 1997 European Convention on Nationality, as compared to the existing legal framework under Maltese law. Any shortcomings present were considered to highlight the importance of improving this aspect of our legislation. The specific research questions answered are “What is currently present in Maltese legislation?”, “What should be implemented or amended, considering Malta’s legal obligations undersigned international legal instruments?”, and “Has Malta’s actions thus far been appropriate in tackling the issue of statelessness?”. The methodology used for this study was twofold. Firstly, a combination of doctrinal analysis and desk-based research was used in order to analyse Maltese legislation and international guidelines on how the necessary conventions are to be interpreted together with established case-law. Secondly, the comparative law analysis method was also used in order to illustrate established Statelessness Determination Procedures and consider the strongest and weakest points in common with the systems. It was considered that in some respects, Maltese law does succeed in providing some safeguards, while in many others it either does not implement them well, leaving serious gaps or outright excludes them. While legal development in Malta seems ongoing, there is still a lot to be done. Even steps that have already been taken, have room for improvement. Moreover, the situation is not given the importance it deserves, with developments being slow, even though both local NGOs and international bodies have consistently signalled the urgency of the matter, as statelessness continues to increase worldwide with implications for Malta.