Grant citizenship to stateless kids born and raised in Malta, government urged
There are at least 170 children born and raised in Malta who are stateless, but Moviment Graffitti believes there are hundreds of stateless people
The government has been urged to address legal loopholes and grant citizenship to stateless children born and brought up in Malta.
Moviment Graffitti in a document published on Tuesday proposed policy tweaks that, it said, would align Malta’s legal framework with international standards and contribute to the prevention and reduction of child statelessness.
Among others, Graffitti is suggesting the setting up of a dedicated authority on statelessness, and changes to citizenship and naturalisation law.
Officially, in 2021 there were 171 stateless people, but Moviment Graffitti says that evidence available from civil society organisations, social service providers and communities suggests there are hundreds of stateless people, the majority of whom are children.
Attached files
Among others, children born in Malta to parents who have been rejected asylum inherit their parents’ lack of documentation, have no social protection and are technically stateless.
Since they have no legal identity, they are therefore unable to do the most basic of things: study, work, open bank accounts, get married and obtain healthcare, among others.
Graffitti insists, in its document, that stateless children in Malta grow up without a nationality, in conditions of legal uncertainty and without a realistic pathway to full inclusion in the only society they have ever known.
"Statelessness in Malta is not an inevitable condition but the result of identifiable and remediable legal and institutional gaps.
"Its continued existence, particularly among children born and raised in Malta, constitutes a persistent failure to give effect to Malta’s obligations under international and European law and to uphold the principle of the best interests of the child," the NGO said.
Statelessness is not merely a legal anomaly: it becomes "a lived condition marked by insecurity, intergenerational exclusion and long-term marginalisation", Graffitti says in the document.
The paper outlines the legislative and institutional failures that allow statelessness to persist, examines its impact on children’s lives through data and personal testimonies.
It also reviews best practices from other European states.
What do other countries do?
Belgium, Finland, Spain: automatic or near-automatic acquisition of nationality for children born stateless on the territory.
Latvia, Netherlands, UK: access to nationality pathways based on habitual residence after a defined period.
Spain: guarantee access to education and integration measures during statelessness determination procedures.
Portugal: facilitated nationality acquisition based on parental residence, duration of residence, or educational integration criteria.
Spain: safeguards granting nationality to children born during migration journeys who would otherwise be stateless.
What is the NGO proposing?
Accede to the 1961 Convention on the Reduction of Statelessness and adopt the necessary legislative measures to ensure that no child born on its territory is left stateless. Include safeguards for the acquisition of nationality at birth or as soon as possible thereafter and protections against loss or deprivation of nationality resulting in statelessness.
Remove reservations to the 1954 Convention relating to the Status of Stateless Persons and take all necessary measures to facilitate the naturalisation of stateless persons. Such measures should include the reduction of legal, administrative and financial barriers, and the establishment of clear and accessible procedures for the acquisition of nationality.
Establish a dedicated statelessness authority or unit under the auspices of the International Protection Agency (IPA), mandated by law to identify stateless persons, coordinate policy responses, and ensure compliance with international obligations. This body should operate independently, transparently, and in cooperation with civil society and international organisations, and should aim to determine and resolve a child’s nationality or statelessness immediately after birth registration or as soon as possible. The authority should also cooperate with the National Statistics Office to develop reliable data collection mechanisms and conduct periodic assessments of statelessness in Malta.
Introduce a statelessness determination procedure that is accessible to adults and children, applies a shared burden of proof, provides procedural safeguards and appeal rights, and suspends detention and removal during the procedure.
Create a stateless protection status that grants stateless people a secure residence status, the right to work and study, access to healthcare and social services, and protection from arbitrary detention. Children with undetermined nationality should enjoy their human rights on equal terms with children who are nationals.
Prevent and resolve child statelessness by ensuring immediate birth registration for all children born on its territory, grant nationality automatically or as soon as possible to children who would otherwise be stateless, and apply the best interests of the child as a primary consideration in all decisions.
Reform citizenship and naturalisation reforms should include facilitated naturalisation for stateless people and children, appeal mechanisms for negative decisions, withdrawal of Malta’s reservation to Article 32 of the 1954 Convention, ratification of the European Convention on Nationality, and a reduction in excessive ministerial discretion