MAPPING OF THE POPULATION AT RISK OF STATELESSNESS IN ALBANIA
Thus, Serbia adopted, in 2012, amendments to the Law on Non-Contentious Procedure, providing that
persons who are not registered in birth registry books and as a result are at risk of statelessness, file
a petition with the court to determine the date and place of birth.56 Even if this procedure is imperfect,
mainly because of the slow process stretching from the Court decision determining the date and place
of birth of a person to their registration in civil registry books and issuance of a birth certificate, it still has
the merit of existing, and with time is becoming more and more efficient.57
In Kosovo, the recent Law on Civil Status also allows for the use of witnesses in birth registration for all
inhabitants who lack the required documents.58 The law notably foresees the right of all children who
are born within Kosovo to register in the civil registry books, no matter the permanent settlement of their
parents.59
Yet, one cannot play down the fact that even when a country adopts the appropriate legislation to avoid
the occurrence of statelessness, this legislation has no effect if it is not adequately implemented in actual fact by sub-laws, administration practices and the actions of local authorities.
6.1.2. Birth registration and bureaucratic challenges
For the period 2005-2012, UNICEF Albania estimated the birth registration to be at 98.6 per cent. Birth
registration remains problematic for children born:
- Outside health care institutions.
- Abroad (two different administrative/legal systems involved).
- To parents who: provide wrong data, abandon their children, do not register their children, or a combination of these.60
6.1.2.1. In Albania
There are divergences between the theoretical legal frameworks and the actual functioning of the institutions. Long, complex and costly administrative procedures continue to be a major obstacle for many
persons at risk of being stateless. Marginalized minorities, especially Roma, often have difficulty meeting the various requirements for confirming or acquiring citizenship.
Importantly, within the National Plan for Integration of Roma and Egyptian Communities in the Republic
56 See Stephanie Woldenberg, ‘Access to Civil Documentation and Registration in South Eastern Europe: Progress and Remaining Challenges
since the 2011 Zagreb Declaration’, Report for the OSCE High Commissioner on National Minorities, UNHCR and EC, 2013, available at: http://
www.refworld.org/pdfid/5280c5ab4.pdf
57 PRAXIS Report ‘Analysis of Practical Application of the Law on Non-Contentious Procedure Determining the Date and Place of Birth’, 2013,
pp5-15
58 Kosovo Law on Civil Status No. 04/L-003, 23 June 2011, available at: https://www.kuvendikosoves.org/common/docs/ligjet/Law%20on%20
civil%20status.pdf
59 See UNICEF Every Child Counts: Birth registration in Kosovo, available at https://www.unicef.org/kosovoprogramme/UNICEF_Birth_Registration_2009_English.pdf
60 UNICEF, Child Notice Albania 2015, p29, available at: https://www.unicef.nl/files/unicef-child-notice-albania.pdf
UNHCR - TLAS / May 2018
57
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents