The Universal Periodic Review of Serbia under the First and Second Cycle (2008
and 2013)
7. Serbia was subject to the UPR under the first cycle in 2008 and under the second cycle in 2013. During the
first cycle of review, Austria recommended that Serbia should “strengthen measures to ensure registration
of all Roma in Serbia.”6 Serbia accepted the recommendation and pointed to the draft law on the procedure
of recognition of legal personality, whose purpose was recognition of legal personality in a simple and
effective procedure.
8. In 2013, under the second cycle, three recommendations7 were made to Serbia regarding statelessness and
birth registration. Mexico recommended that Serbia should “(c)arry out necessary measures, including
legislative amendments, to ensure that all persons born in Serbia have access to birth registration regardless
of the status of their parents.”8 Brazil recommended taking “appropriate measures to ensure that basic civil
and political rights of Roma are being assured and that birth registration is available and accessible for all
children without discrimination.”9 Austria recommended “facilitating registration in the birth registry for
Roma, allowing them to register using a provisional address”.10All the mentioned recommendations enjoy
the support of Serbia, which contended that they are “already implemented or in the process of
implementation.”11
Serbia’s International Obligations
9. Serbia is a party to all core international human rights instruments containing provisions related to
statelessness and nationality, including the International Covenant on Civil and Political Rights (ICCPR, 1966)
and the Convention on the Rights of the Child (CRC, 1989). In addition to guarantees of the right to nationality,
both the ICCPR and CRC contain provisions that oblige Serbia to ensure the timely birth registration of every
child immediately after birth. Serbia ratified both the 1954 Convention on the Status of Stateless Persons and
the 1961 Convention on the Reduction of Statelessness. Furthermore, Serbia is a state party to the
Convention on the Elimination of All Forms of Racial Discrimination (CERD, 1965), the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW, 1979) and the Convention on the Rights
of Persons with Disabilities (CRPD, 2006). However, it has not ratified, nor signed the European Convention
on Nationality (ECN, 1997).
10. Serbia has additional international and regional obligations to protect the liberty and security of all persons
and to protect against arbitrary and unlawful detention. These obligations derive from ICCPR (Article 9) and
the European Convention on Human Rights (ECHR, Article 5).
6
UN General Assembly, Report of the Working Group on the Universal Periodic Review: Serbia, A/HRC/10/78, 8 January 2009, para.
22.
7 Report of the Working Group on the Universal Periodic Review, Serbia, A/HRC/23/15, Human Rights Council, 22 March 2013,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G13/125/18/PDF/G1312518.pdf?OpenElement.
8 Ibid, para. 132.8.
9 Ibid, para. 132.93.
10 Ibid, para. 132.96.
11 Ibid, para. 132.
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