MAPPING OF THE POPULATION AT RISK OF STATELESSNESS IN ALBANIA
of Albania, 2016-2020, there is a chapter dedicated to Civil registration and access to justice.61
These obstacles can be real as well as perceived. For example, fear of being charged a hospital fee
for giving birth without health insurance is an incentive for some women to give birth at home. Or some
women without documents may borrow the health booklet of a relative to avoid fees, and the baby is
consequently legally registered with a different family. Moreover, hospitals sometimes fail to execute
their legal obligation to report births to the registry office.62
If a family opts for later registration, the requirements are heavy and include providing the ID cards of
both parents, legally registered residence of the parents, marriage certificates, fees connected to the
administrative process. All these requirements can be particularly problematic for Roma, who may potentially lack ID documents, live in illegal settlements, may not be officially but rather traditionally married
and have low-income.
In any case, administrative practices vary from one place to another, depending on the willingness
as well as on the capacities and knowledge of local administrative bodies and municipal officers. The
problem is that administrative failures or breaches often affect vulnerable and discriminated populations
that may not know their rights or have limited access to justice and limited possibilities of appeal against
administrative decisions.
As UNHCR describes in its Global Action Plan to End Statelessness 2014-2024, reforms of citizenship
laws and policies, even if they go towards improvement, are sometimes difficult to achieve in practice.
Besides, prevailing social views regarding ethnic, religious or other minorities may be difficult to change.
Sometimes, governments merely lack capacity to undertake the fight against statelessness.63
6.1.2.2. Abroad
Complexity and challenges related to birth registration are exacerbated in cases of children born abroad,
especially when the parents live abroad irregularly. Children are then likely to not have their births registered, or only receive a birth notification which does not include the basic information required by
Albanian authorities in order to proceed to the registration of their birth.
Until December 2016, Article 41(3) of 2009 Civil Status Law stipulated that the registration of the birth of
children born outside Albania is done in diplomatic or consular mission of the country where he or she
was born. It added, “When this is impossible, registration takes place in the civil service of the country.”
The law changed in December 2016, and Albanian diplomatic or consular mission no longer have the
61 The National Plan for Integration of Roma and Egyptian Communities in the Republic of Albania 2016-2020, pp25-27, available at: http://www.
al.undp.org/content/albania/en/home/library/poverty/national-action-plan-for-integration-of-roma-and-egyptians-in-th.html
62 UNHCR, ‘Report on Statelessness in South Eastern Europe’, UNHCR Offices in Bosnia, Macedonia, Serbia, Kosovo, Croatia and Montenegro,
September 2011, p28
63 UNHCR Global Action Plan to End Statelessness 2014-2024, November 2014, p8, available at : www.unhcr.org/54621bf49.html
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UNHCR - TLAS / May 2018
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