MAPPING OF THE POPULATION AT RISK OF STATELESSNESS IN ALBANIA theoretically guarantee free primary and secondary legal aid services to persons who cannot afford them, access to justice remains a real challenge for a vulnerable population. Among the shortcomings of this Law on Free Legal Aid, the lack of budget, the restricted selection of beneficiaries, the scarcity of lawyers prepared to take on Legal Aid cases and the high costs of court fees continue to exclude vulnerable populations and have been denounced by various stakeholders. Costs of DNA tests to prove a child’s identity and parental links still have to be met by the applicant/parent, although the State laboratories could provide this service free of charge in case of subsequent birth registration. The Ministry of Foreign Affairs of Albania charges fees to people who must get their foreign-issued identity documents certified by the consulate or embassy. These barriers demonstrate the ministries’ lack of ownership of the problem and the risk for expansion of statelessness in the future. Worse still, in case of Roma and Egyptians, there is a tendency to shift all responsibility to the Ministry of Youth and Social Welfare, while other concerned institutions often do not see pro-active work as part of their mainstream activities or mandate.67 6.2. Available protection for stateless persons and persons at risk of statelessness 6.2.1. Barriers to accessing justice and legal aid As mentioned above, Albania adopted a Law “On Legal Aid” in 2008 and subsequent by-laws designed to guarantee free legal aid services to those who otherwise would not be able to afford the costs associated with a legal process. However, the funds that have been made available do not meet the demand, the selection criteria for legal aid qualification are too restrictive, lawyers are not readily available to take on legal aid cases and court fees remain high. This means that the very people that the system is designed to help, the vulnerable and poor, continue to be excluded and often do not even know they have a right to legal aid. This is true also regarding lack of legal redress and access to justice for those denied documentation or who have been unable to access documentation due to the structural issues identified above. Legal aid plays a crucial role in this context. Not only in Albania, but also in other South Eastern Europe countries, NGOs had to fill the gaps and have played a key role in advancing the rights of persons at risk of statelessness, as well as advocating for legislative improvement. According to the Law on Legal Aid, the Ministry of Justice develops state policy in the field of legal aid services for individuals. It should also assist in preparing the necessary legal acts, provide for the imple67 Milena Isakovic Suni, Comparing Approaches to Combating Statelessness in Albania and Serbia, June 2015, p6, available at: https://www. statelessness.eu/sites/www.statelessness.eu/files/2015-05-14%20Comparing%20Approaches%20Albania%20and%20Serbia.pdf 60 UNHCR - TLAS / May 2018