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essential to effectively implement efforts to end Roma
statelessness and develop appropriate policies.
Across the region, there are limited official mechanisms
to record when individuals attempt to access civil registration services but are refused, nor are there follow-up
mechanisms or cooperation with civil society organisations to ensure that such cases are resolved. This is a
missed opportunity to monitor and resolve individual
cases and improve the quality of data on individuals at
risk of statelessness. Compounding this challenge is the
absence of formalised cross-border data sharing and
cooperation between Beneficiaries in the region. Given
the causes and consequences of statelessness in the
region, shaped by histories of migration, displacement,
and State succession, this lack of coordination results
in complex cases involving individuals born abroad,
returning migrants, or families with mixed residence
and citizenship statuses remaining unaddressed for
lengthy periods of time. Consequently, individuals affected, including children, remain at risk of statelessness and invisible to public institutions for years, with
no structured means for case monitoring or resolution.
In order to effectively implement commitments to resolve remaining cases of (risk of) statelessness in the region, there is an urgent need for all Beneficiaries to work
together with each other, with regional institutions and
international organisations, and with community-based
and civil society organisations, to proactively identify
remaining cases, monitor these, cooperate across borders, and regularly report reliable disaggregated data
to inform and shape more appropriate legal, policy, and
service responses.
Gaps in measures to prevent statelessness
Challenges in implementing legal safeguards to
prevent childhood statelessness
Legal safeguards to prevent statelessness at birth are
critical to ensuring that no child is left without citizenship due to the status of their parents, gaps in citizenship
laws, or any other circumstances beyond their control.
Applying these safeguards is also a clear obligation under international law, most notably set out in Article 1
of the 1961 Convention, which requires Beneficiaries
to grant citizenship to children born on their territory
who would otherwise be stateless.16 Positively, across
the Western Balkans, citizenship laws have incorporated
legal safeguards to prevent childhood statelessness in
many cases. However, the scope and operation of these
safeguards vary significantly, and there are critical implementation gaps that hinder their effectiveness and leave
some children at risk of growing up without citizenship.
A key concern is that, while legal safeguards to ensure
otherwise stateless children born on the territory acquire citizenship are automatic by law, in practice they
often require parents to take further steps to ensure
their children acquire citizenship. These steps can include submitting an application or taking action to
complete the birth registration process, and often present barriers for parents (particularly mothers) who are
undocumented, have irregular residence status, or lack
the legal and administrative support needed to navigate complex procedures. Without assistance, many
families struggle to complete these procedures, leaving
children stateless for a period of time until their case
can be resolved despite having an entitlement to citizenship by law.
Access to these safeguards is further hindered by administrative and practical obstacles that disproportionately affect marginalised communities. These can
include application fees, which can be prohibitive for
families living in poverty or remote areas where transportation costs and time add to the burden, and the
absence of publicly-funded legal aid means that parents must often navigate complex procedures alone
with little guidance on how to do so or their children’s
rights. Many parents, particularly in communities facing
systemic exclusion and living in informal settlements,
are unaware of their children’s citizenship status. Furthermore, there is very limited data or publicly available information on how these safeguards operate in
practice. Statistics on the number of children acquiring
citizenship through these mechanisms are either unavailable or not disaggregated, making it difficult to
assess their impact or identify where action is needed
to improve their implementation.
16 1961 Convention on the Reduction of Statelessness, Article 1: “A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless”.