9
Introduction
Across the Western Balkans region, statelessness is a key
factor driving a mutually reinforcing cycle of discrimination and denial of fundamental rights. Statelessness
is an issue that affects both migrants and refugees as
well as people who have lived in the same place for
generations. In the Western Balkans region, as in other
parts of Europe and globally, statelessness is a particular concern for members of minoritised communities.2
Discrimination is both a cause and a consequence of
statelessness, with citizenship laws often structured
or implemented in ways that exclude certain groups
or make it more difficult for them to acquire or prove
their citizenship. In Europe, among the most affected
by this issue are Roma communities, who face systemic
exclusion and further marginalisation due to the cycle
of antigypsyism and legal barriers.3
In the Western Balkans, statelessness among Roma
communities is shaped by a complex combination of
factors, including State succession, historical conflict,
forced displacement, lack of civil documentation, and
systemic exclusion. Many thousands of Roma people
continue to be disproportionately impacted by these
issues, which are exacerbated by deep-rooted antigypsyism. Being stateless usually means being unable to
benefit from the fundamental rights afforded to people
recognised as citizens, including access to healthcare,
education, the right to marry, open a bank account,
and participate in the labour market on an equal basis.
Not only does it hinder access to these basic rights and
entitlements, but it also affects the psychological sense
of belonging and inclusion that is vital for achieving
equality in societies. In this way, statelessness becomes
a real and significant part of the cycle of discrimination
experienced by minoritised groups globally, including
Roma communities in Europe.
Since the Zagreb Declaration in 2011, authorities in the
Western Balkans have taken important steps to recognise and address these challenges. All have acceded to
the two core international statelessness conventions
– the 1954 United Nations (UN) Convention relating to
the Status of Stateless Persons (1954 Convention) and
the 1961 UN Convention on the Reduction of Statelessness (1961 Convention)4 – and most are bound by
other human rights treaties that guarantee the right
to a nationality.5 Important legal and policy reforms
have been undertaken at domestic level to introduce
simplified procedures for birth registration, facilitate
access to citizenship, and in some cases, to determine
statelessness and grant residence rights and a pathway
to naturalisation on this basis. These legal frameworks
have been reinforced by welcome political commitments in international and regional fora, including under the auspices of United Nations High Commissioner
for Refugees (UNHCR) #IBelong Campaign 2014-246,
the 2019 High-Level Segment on Statelessness7, the
Global Compact on Refugees8, and the Global Alliance
to End Statelessness.9 The issue of statelessness has also
gained visibility in the context of the European Union
(EU) Enlargement and the Berlin Process, with the 2019
Poznan Declaration marking a key moment of regional
consensus on Roma integration, including on universal
access to civil registration.10 Moreover, strategies for
2 See: https://www.statelessness.eu/issues/stateless-minorities
3 The term ‘Roma’ encompasses a wide diversity of groups and identities, many of which are intersecting and overlapping. There are also
people who do not identify as Roma – such as Ashkali and Egyptians – who are nonetheless the targets of antigypsyism. For the purpose
of this report, the terms are used to encompass all groups in the region who are subject to antigypsyism, in line with the Council of Europe
definition, and commonly adopted by most international organisations in the last decade. However, it is important to underline that not
all the members of these populations agree on the single use of this standardised autonym.
4 Convention relating to the Status of Stateless Persons, 28 September 1954, United Nations, Treaty Series, vol. 360, p. 117; Convention
on the Reduction of Statelessness, 30 August 1961, United Nations, Treaty Series, vol. 989, p. 175.
5 The right to a nationality is affirmed in several international human rights instruments, inter alia, Article 24(3) of the International Covenant on Civil and Political Rights and Article 7(1) of the Convention on the Rights of the Child.
6 UNHCR #IBelong Campaign, see: unhcr.org/ibelong/.
7 UNHCR, High Level Segment on Statelessness, October 2019. See pledges from public institutions, international and regional organisations, and civil society organisations at: https://www.unhcr.org/ibelong/results-of-the-high-level-segment-on-statelessness/.
8 UNHCR, Global Compact on Refugees, Pledges and Contributions, available at: https://globalcompactrefugees.org/pledges-contributions.
9 Global Alliance to End Statelessness
10 Declaration of Western Balkans Partners on Roma Integration within the EU Enlargement Process (Poznan Declaration), 5 July 2019, at:
https://www.rcc.int/docs/464/declaration-of-western-balkans-partners-on-roma-integration-within-the-eu-enlargement-process.