MONTENEGRO - 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 6 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 39

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