21 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN MALTA
4. CONCLUSION AND
RECOMMENDATIONS
In the Maltese context, it appears that the issue of
statelessness is not yet visible enough to push the state to
introduce a system of identification and protection
specific to the needs of stateless people and persons at
risk of being stateless. On the other hand, there is fear
that accession to the Convention would lead to “a strain of
the system”, in itself a paradox as the numbers appear so
negligible. The specific situation of detained persons is in
fact problematic due to the broader human rights
concerns related to Malta’s detention regime, with
detention for purposes of removal presenting itself as
particularly problematic in the case of stateless persons,
or persons at risk thereof.
stateless, present themselves as such. In this regard, the
positive efforts of the Office of the Refugee
Commissioner are noted. Also noted are the comments
by the Ministry regarding possible accession to the 1954
Convention, and its openness at discussing details with
civil society organisations.
On the basis of the above, the following
recommendations are made. Both aditus and ENS stand
ready to constructively engage in a technical discussion
with the relevant stakeholders, and provide all relevant
information and input:
1.
It is nonetheless positive to note ad hoc attempts at
granting, as a minimum, national protection, to persons
who although not formally identified and processed as
State authorities should collect accurate data
regarding stateless persons, including those in
detention. Data on statelessness is necessary to
ascertain the extent of the problem and to design
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