EXECUTIVE SUMMARY 1. This report constitutes a first attempt to explore comprehensively the issue of statelessness in the Malta context. Every State and continent is affected by statelessness and although the problem is not at its most acute in Europe, an estimated minimum of 400,000 stateless persons are found within the borders of the European Union. Not surprisingly, the research confirms that stateless persons are also found in Malta, albeit not in large numbers. 2. Arriving irregularly and undocumented in Malta does not make a person stateless. Staying or working irregularly also does not equate to being stateless. By definition, a stateless person is anyone who is not considered as a national by any State under the operation of its law. Solutions for statelessness in the Malta context are not limited to the grant of nationality to stateless persons although, keeping the naturalisation solution open when appropriate does form part of a comprehensive legal and administrative framework for addressing the issue. 3. By way of analysing Malta’s legal obligations on statelessness flowing from international human rights law, coupled with assessing the impact of current policy and practice, Mapping Statelessness in Malta finds that most of Malta’s domestic legislation is in line with international standards on the prevention of statelessness and some safeguards against statelessness already exist. Serious concerns however remain. These mainly relate to the lack of implementation of the safeguard for children born stateless in Malta, the lack of identification procedures of stateless persons in Malta and the lack of a dedicated protection framework for such persons. There are also shortcomings in the availability and fair process for naturalisation of long term residents. 4. Lacking entitlement to a protection status based on their statelessness, stateless persons in Malta can be left in limbo unless they can regularise their stay based on other grounds (such as by meeting the criteria for recognition as a refugee which most stateless persons do not). A stateless person in Malta without the right to identity and residence documentation may find serious obstacles to access their fundamental civil, political, economic, cultural and social rights. In the worst case, he or she could be considered for return to a country which does not recognise him or her as a national and does not grant permanent residence status and related rights. Despite the limited size of the stateless population in Malta, each stateless person inevitably faces particular hardships that should not be disregarded. 5. A framework to address statelessness in Malta would include a statelessness determination procedure which would determine – on the basis of an examination of relevant nationality legislation coupled with its practical implementation – whether a person is stateless or not. In countries which have in place such procedures, relatively low numbers of applications are generally filed, especially in comparison to asylum claims. A protection status should flow from the determination of statelessness with a view to protect the access to rights of stateless persons. 6. Despite the lack of relevant data, this research establishes certain profiles of individuals or groups who are or may be stateless in Malta, at risk of statelessness or of undetermined nationality. This has been done mainly through interviews but also through consultations and a technical roundtable with stakeholders from Government entities and non governmental organisations amongst others. This report also aims to present a human face to the plight of some individuals affected by statelessness in Malta by telling their stories. 7. Maltese nationality law leaves open the possibility for children to be born stateless in the country. Most such cases involve parents who are non-nationals and either stateless themselves or unable to confer their citizenship. In some instances, however, the nationality law 6 Mapping Statelessness in Malta