Issues for Serbia and address recommendations to the Government of Serbia to further prevent and
reduce the problem of childhood statelessness in the country.
2. This submission draws on the extensive experience in providing free legal aid, monitoring and research
carried out by Praxis in Serbia through its statelessness related projects. Since 2012, Praxis has been a
member of the European Network on Statelessness (ENS) and thus further acted in the field of
statelessness issue through various advocacy and research activities, as well as statelessness-oriented
campaigns. Praxis has continuously engaged with the CRC reporting process including through submitting
information to the Republic of Serbia to assist with its preparations to submit its combined Second and
Third Periodic Report on the implementation of the CRC; and through contributing to an Alternative
Report on the general implementation of the CRC in Serbia, which also addressed the main problems
related to nationality and was prepared by the Coalition for Monitoring Child Rights.
3. The Submission also draws on the Institute’s and ENS’ expertise in this area. The Institute is committed
to helping promote children’s right to a nationality, establishing it as one of its five thematic priorities.
As part of this work, the Institute has developed a set of tools, to strengthen engagement on children's
right to a nationality with the Committee on the Rights of the Child, including a fact sheet summarising
state parties' obligations in respect of children's right to a nationality under the CRC, a draft Policy Paper
discussing the work of the Committee in promoting children's right to a nationality and how this can be
strengthened, and an analytical database of the Concluding Observations of the Committee which relate
to children's right to a nationality.8 Furthermore, the Institute is also an expert partner for the campaign
by the European Network on Statelessness, entitled None of Europe's children should be stateless. This
campaign aims to promote the enjoyment of a nationality – and thereby the prevention of statelessness
– by all children who are born in Europe or who are born to European parents in other parts of the world.
4. This submission has been structured to highlight issues which may be included in the List of Issues by
including them in text boxes under each substantive section, and recommendations which may be drawn
on for the Committees Concluding Observations by listing them at the very end of the text. For the
Committee’s convenience, an annex to this submission includes English translations of all relevant legal
provisions. A list of bylaws is also included. These bylaws are not available in English, nor are the
instructions and opinions of relevant ministries mentioned in the submission. However, if the Committee
so requires, the submitting organisations will be able to do an unofficial translation of these bylaws, and
share them with the Committee.
The Report of Serbia to the Committee
5. The Republic of Serbia’s Second and Third Periodic Report to the Committee provided an overview of
Serbia’s performance in relation to birth registration, the right to a name and nationality (Article 7 of the
Convention, and the Committees recommendations 33 and 34 under its previous review of Serbia).9 The
state report highlights the main improvements in this area and claims that the Law on Registry Books and
accompanying bylaws contributed to improving the exercise of the right to birth registration regardless
of whether the child’s parents are known or unknown, the child is without parental care or adopted, and
whether the birth registration is entered within or after the legal time frame for registration. The
adoption of the Law on Amendments to the Law on Republic Administrative Fees,10 also improved the
child’s right to birth registration, while the birth registration procedure was also regulated in more detail
by the Instruction on Administering the Birth Registry Books and Their Forms.11 The report also states
8
All of these resources can be found at: www.InstituteSI.org/children
9
CRC/C/SRB/CO/1
10
The Law on Amendments to the Law on Republic Administrative Fees, the Official Gazette of RS, 50/2011
The Instruction was issued on 7 April 2011 by the Ministry for Human and Minority Rights, Public Administration and Local SelfGovernment
11
2