MONTENEGRO
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THIS CHAPTER LOOKS MORE CLOSELY
AT RIGHT TO NATIONALITY, DOCUMENTATION AND LEGAL STATUS; EQUALITY
AND NON-DISCRIMINATION; RIGHT TO
HEALTH AND SOCIO-ECONOMIC RIGHTS,4
AND MAKES THE FOLLOWING CALL TO
ACTION TO THE GOVERNMENT AND RELEVANT STAKEHOLDERS:
Phiren Amenca Executive Director,
Elvis Beriša
Statelessness in Montenegro is underreported,
and Montenegro has been criticised for its inadequate study of statistical data. The majority
of stateless people in Montenegro belong to the
Roma community who were disproportionality
impacted by the fall of the Yugoslavian republic
in the 1990s, the subsequent forced displacement from Kosovo in 1999,5 changes in the determination of citizenship and the destruction
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Other minority groups at risk of statelessness in
Montenegro include ethnic Egyptians.
Unresolved documentation is a decades-long
problem that the people of the Roma community live with in Montenegro. Many Roma are
without legal status as they missed the timeframe within which such applications could be
made. Although the Strategy for Social Inclusion of Roma and Egyptians 2016-20207 aimed
to register people with unresolved legal status
and assist in this process, in reality, lack of realistic and credible data on statelessness, as
well inadequate steps to address it, mean that
these schemes do not work in practice. As a result, the Roma are discriminated against, marginalised and face the threat of deportation to
Kosovo and elsewhere. Lack of access to birth
registration is a leading cause of statelessness
and risk of statelessness in Montenegro. While
the birth registration process has improved in
recent years, the procedure to register births
is diverse and complex among both the Roma
and Egyptian communities. Very often, parents
who do not have documentation must travel to
Kosovo to register a child as a citizen of Kosovo,
following which they can return to Montenegro.
The procedure is costly and complicated, with
burdensome evidentiary requirements.
In 2018, Montenegro introduced a statelessness determination procedure in a bylaw to
the Law on Foreigners.8 As of January 2021,
through the procedure.9 The consequences of
the conditions they are forced to live in have
been worsened by the COVID-19 pandemic and
institutional blindness has resulted in an increase of their vulnerabilities, as well as a very
real threat to health and safety.
RIGHT TO NATIONALITY,
DOCUMENTATION AND LEGAL STATUS
lenges in accessing legal status, which disproportionately affect Roma children. To register a
birth, an authorised person (generally parent or
legal guardian) must attend the municipal registity and civil status of both parents.10 This can
be an impossible requirement for Roma parents
living with unresolved status. Further, often
parents who do not have regulated citizenship
must travel to Kosovo to register the child there.
During the pandemic, the ability to do this was
tions and the cost of COVID-19 testing prior to
travel. Those Roma who do hold IDs are also at
risk when their documents expire. It is common
for the Ministry of Internal Affairs to put the individual ‘on hold’ without any further indication of
when their documentation will be renewed. This
impacts the ability to secure employment, ultimately impacting livelihoods. During COVID-19
EXTEND STATE RELIEF, INCLUDING FINANCIAL
RELIEF, FOOD RELIEF PACKAGES AND HYGIENE
ITEMS TO STATELESS AND UNDOCUMENTED PEOPLE WHO ARE NOT REGISTERED AT THE CENTER
FOR SOCIAL WORK AND CARE.
PROVIDE EQUAL ACCESS TO FREE HEALTHCARE
TO ALL MEMBERS OF THE ROMA AND EGYPTIAN
COMMUNITY.
PROVIDE DIGITAL TOOLS FOR ONLINE LEARNING,
SUCH AS TABLETS AND FREE WI-FI, TO ALL ROMA
AND EGYPTIAN CHILDREN, INCLUDING THOSE
WHO ARE UNDOCUMENTED OR STATELESS.
registration services. However, the services are
for Roma and Egyptian minorities to access
them.
EQUALITY AND NON-DISCRIMINATION
Ever since the pandemic began, public manifestations of antigypsyism have increased, as
Roma and Egyptians have been perceived as
carriers of the virus. The state reacted to news
down the settlement for two weeks, with all
movement prohibited.11 Strong public reactions,
lic approval of this discriminatory treatment.
The lockdown segregated an already isolated
community and disrupted much of the progress
made in the last decade in combatting discrimination.
REOPEN THE 2015 PUBLIC CALL FOR APPLICATIONS TO PROVIDE A FACILITATED PATHWAY
TO LEGAL STATUS AND NATIONALITY, FOR ALL
PEOPLE WITH UNRESOLVED LEGAL STATUS.
SIMPLIFY THE PROCEDURE TO ADDRESS
UNRESOLVED LEGAL STATUS AND NATIONALITY, THROUGH REDUCING PAPERWORK, AND
IMPROVING DIGITAL COOPERATION BETWEEN
NEIGHBOURING COUNTRIES.
RIGHT TO HEALTH
Discrimination in access to healthcare is common in Montenegro. The stateless and those at
risk of statelessness are entitled to free emergency healthcare, but are often required to pay
a fee. The stateless can access private healthcare, but the high costs make these services
inaccessible to many. The National Immunization Strategy originally stated that stateless
people will be the last people to receive the
vaccine.12 In a show of good practice, the new
Montenegrin Government changed the policy
and placed the Roma in a priority group, adding that they do not have to be insured by the
Health Insurance Fund of Montenegro, and also
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