The legal implication of Malta’s accession to the U.N. statelessness conventions

Abstract

An estimated 10 million persons are deemed as stateless globally1, of which at least 600,000 are found within the borders of the European Union (hereinafter EU)2. A fraction of the global stateless population, albeit relatively minute and unregistered, exists also in Malta. Asylum seekers, some of whom are undocumented, continually arrive at the Maltese shores and ports of call. However not all undocumented asylum seekers or migrants are stateless persons and not all stateless persons are asylum seekers who enter a territory illegally. One would have to verify, with appropriate practices and procedures, whether one is actually stateless, the absence of which leaves gaps in essential data, which gaps lead to consequences, mostly negative, on the stateless persons themselves. International law be it as treaties, custom or general principles of law, guarantee a bare minimum set of human rights for stateless persons in Malta. These are also topped up by other domestic and EU legislation and policies which show that Malta is also active in preventing statelessness. In spite of all this, Malta is still not party to the 1954 Convention relating to the Status of Stateless Persons, nor to the 1961 Convention on the Reduction of Statelessness, which shows that there is more which may be done in its human rights obligations towards stateless persons within its territory. Once stateless, a person would be living a life in limbo. He would be lacking rights pertaining to identity, status and residency. It would be very difficult for him to avail of civil, commercial and social welfare. He would be practically trapped within the borders of a state without the right to have rights. And even if rejected by the latter, is unable to leave, unless another country would be ready to accept his repatriation, host him or moreover recognise him as its national.