MAPPING OF THE POPULATION AT RISK OF STATELESSNESS IN ALBANIA 7. CONCLUSIONS 7.1 Conclusions UNHCR’s monitoring activities have suggested that the majority of persons at risk of statelessness in Albania are persons who should have access to nationality in theory but in practice could not confirm their nationality due to various obstacles in access to birth registration. This particularly affects Roma and Egyptian communities, as they are often socially and economically marginalized, but also Albanian returnees whose children were born abroad. Indeed, besides persons who have resided in their own country since their birth, there are individuals born in other countries (mainly EU Member States), many of whose parents were irregularly residing in there after the collapse of communist regime in 1991 and did not register the child’s birth. From 2008, following the economic crisis in Italy and Greece, many undocumented persons returned or were deported to Albania, where they are currently investigating the possibility of late birth registration in Albania. Statelessness is not recognised as a significant issue by authorities and stakeholders in Albania. There is no status for stateless persons in place, nor a statelessness determination mechanism that would allow for the identification of cases. As a result, stateless persons are not systematically and individually identified and there are obstacles to the attainment of lawful residence in the country by stateless persons. Moreover, reliable data are difficult to gather, by the very nature of being ‘legally invisible’, and due to methodological constraints (e.g. census data based on self-identification). It is important that a clear distinction be drawn between civil registration and statelessness in order to provide a better understanding for all relevant authorities. The gaps that exist within the nationality law framework and are contributing to the creation of childhood statelessness must be recognised and addressed. In particular, a safeguard is needed, in line with Albania’s international obligations, which guarantees access to a nationality for all otherwise stateless children born in the territory. Nevertheless, gaps in access to civil registration and the provision of ID documents are also putting children born in Albania or to Albanian parents abroad at risk of statelessness at birth. The government of Albania should take further steps to reform laws and practices that impede the enjoyment of Albanian nationality by those entitled to it.75 75 Tirana Legal Aid Society, Ending Childhood Statelessness – A Study on Albania, European Network on Statelessness, Working Paper 05/15, UNHCR - TLAS / May 2018 63

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