Introduction
1. aditus foundation, the European Network on Statelessness (ENS) and the Institute on
Statelessness and Inclusion (ISI) make this joint submission to the Universal Periodic
Review (UPR) in relation to statelessness, access to nationality and human rights in Malta.
2. aditus foundation is an independent, voluntary and non-profit NGO established with a
view to monitor, act and report on access to fundamental human rights. We believe in the
universality, interdependence and indivisibility of all human rights.1
3. The European Network on Statelessness is a civil society alliance committed to
addressing statelessness in Europe. We believe that all human beings have a right to a
nationality and that those who lack nationality altogether are entitled to full protection of
their human rights.2
4. The Institute on Statelessness and Inclusion3 is an independent non-profit organisation
committed to an integrated, human rights-based response to the injustice of statelessness
and exclusion through a combination of research, education, partnerships and advocacy.
Established in August 2014, it is the first and only global centre committed to promoting
the human rights of stateless persons and ending statelessness. Since its inception, the
Institute has made over 30 country-specific UPR submissions on the human rights of
stateless persons, and also compiled summaries of the key human rights challenges related
to statelessness in all countries under review under the 23rd to the 30th UPR Sessions.4
5. This joint submission focuses on the identification and the human rights protection of
stateless persons, the prevention and reduction of statelessness, the protection of stateless
persons from arbitrary detention in Malta and statelessness related statistics and
information. It draws on the combined expertise of the submitting organisations both in
Malta and internationally.
STATELESSNESS IN MALTA’S PREVIOUS UPR SESSION (2013)
6. The issue of statelessness in Malta did not arise during Malta’s 2013 UPR session.
7. Whilst some of the recommendations received by Malta were indirectly relevant to this
theme, such as for example those relating to administrative detention, the specific situation
of stateless persons was not directly addressed.
MALTA’S INTERNATIONAL AND REGIONAL OBLIGATIONS
8. Malta is party to most of the core UN human rights treaties (barring the Migrant Workers
Convention). Consequently, Malta has obligations to protect the right to a nationality and
prevent statelessness (arising for example, out of Article 7 of the Convention on the Rights
of the Child). However, it must be noted that Malta retains significant reservations to the
1
For more information about aditus foundation, please see www.aditus.org.mt
For more information about ENS, please see www.statelessness.eu
3
For more information about ISI, please see http://www.institutesi.org/
4
For more on the Institute’s UPR advocacy, see http://www.institutesi.org/ourwork/humanrights.php
2
2