UNCHR’s High Level Segment on Statelessness,12 Malta acceded to the 1954 Convention
in 2019. However, it retains significant reservations to Article 11, Article 14, and Article
32, and the Convention does not have direct effect. Malta is still not State party to the
1961 Convention.
9. Malta has international obligations to protect the right to a nationality and protect the
rights of stateless persons on the basis of other UN and regional treaties to which it is a
party, including: 13
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International Covenant on Civil and Political Rights (see Article 24.3);
International Covenant on Economic, Social and Cultural Rights (see Articles. 2.2
and Article 3);
Convention of the Rights of the Child (see Articles 2, 3, 7 and 8);
Convention on the Elimination of All Forms of Discrimination against Women (see
Article 9);
International Convention on the Elimination of All Forms of Racial Discrimination
(see Article 5(d)(iii));
Convention on the Rights of Persons with Disabilities (see Article 18);
International Convention for the Protection of All persons from Enforced
Disappearance (see Article 25.4).
Furthermore, the right to a nationality is included in Article 15 of the Universal
Declaration on Human Rights. Malta is not a party to the Convention on the Protection
of the Rights of All Migrant Workers and Members of their Families
10. Malta retains several significant reservations to these conventions. For example, its
reservation to Article 13 of the International Covenant on Civil and Political Rights relates
to protection from unlawful expulsion. Other reservations relate to the criminal justice
system and protections from hate speech and incitement to violence. Malta made
reservations to the Convention on the Elimination of all Forms of Discrimination Against
relating to reproductive rights, family and property law, and the payment of certain
social security entitlements to ‘the head of the household presumed to be the husband’.
These reservations impact all women in Malta, including stateless women who risk being
disproportionately affected as they already face significant challenges in these areas due
to the lack of nationality.
11. Malta has signed but not acceded to the European Convention on Nationality and is not
State party to the Convention on the Avoidance of Statelessness in Relation to State
Succession. Malta is party to the European Convention on Human Rights. It is also bound
by the EU Returns Directive.
Issue 1 – Data on the stateless population
12. Based on limited data, stateless populations could include, in a migratory context,
people of Palestinian origin, or people from Eritrea, Syria and Ethiopia. However, Malta
does not have a procedure for identifying and determining statelessness, and
statelessness is not identified or assessed in any of the procedures available. This results
12
UNHCR, High-Level Segment on Statelessness: Results and Highlights, at https://www.unhcr.org/ibelong/results-of-the-highlevel-segment-on-statelessness/.
13
See: https://treaties.un.org/Pages/ParticipationStatus.aspx?clang=_en.
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