Moviment Graffitti calls for citizenship to stateless children in Malta

Moviment Graffitti is calling for an end to child statelessness through the publication of a policy paper on this reality in Malta.

The paper about the legal and social status of children born in Malta who do not possess a nationality notes that statelessness remains largely invisible within Malta’s legal and policy frameworks because no formal procedures exist to identify stateless persons or resolve their status. 

According to the document, this lack of a functioning identification structure means that while the 2021 census recorded 171 stateless people, this figure is likely a big underestimate. Evidence from civil society and social service providers suggests there are likely hundreds of stateless persons in Malta, the majority of whom are children.

The report attributes the prevalence of statelessness to legal and administrative gaps rather than legislation. Children born in Malta to foreign parents do not automatically acquire Maltese citizenship. While such children may theoretically inherit their parents' nationality, the report notes this is often impossible in practice due to factors such as war, persecution, or gender-discriminatory laws in the parents' countries of origin. 

The document describes the practical impact of statelessness on children as a condition of legal insecurity and marginalisation. It states that these children face administrative barriers to education, including delays in enrollment and restrictions on participating in school trips or certifications that require formal documentation. 

Access to healthcare and social services is also described as inconsistent, as entitlement is often tied to recognised legal residence or national insurance contributions. 

The authors argue that the cumulative effect of these obstacles includes chronic stress and a fractured sense of identity for children who have grown up entirely within Maltese society.

The white paper proposes a framework of legislative and administrative reforms including the establishment of a dedicated statelessness authority within the International Protection Agency (IPA) and the introduction of a formal Statelessness Determination Procedure. 

The report also suggests that Malta should accede to the 1961 Convention on the Reduction of Statelessness and remove its existing reservations to the 1954 Convention. 

Further proposed measures involve reforming the Maltese Citizenship Act to facilitate the naturalisation of stateless persons and reducing the absolute discretion currently granted to the minister in such decisions.