MAPPING OF THE POPULATION AT RISK OF STATELESSNESS IN ALBANIA
Many of the bureaucratic procedures disproportionately disadvantage Roma, as they do not appropriately accommodate their specific circumstances. This indirect discrimination increases the barriers to
documentation and birth registration faced by Roma; there are no bureaucratic solutions being implemented to address the situation of lack of documentation and permanent residence that many Roma live
with, which under the current system, they are condemned to pass on to their children. The situation of
Roma children born abroad exemplifies the intransigence of the bureaucracy, which fails to uphold basic
principles of non-discrimination and the best interests of the child, to ensure that children are not penalised or disadvantaged as a result of the imposition of requirements that cannot be met by their parents.
The main challenge relates to the gap between Albania’s legal framework (including its international
obligations which have the force of law) and the bureaucracy that is mandated to implement the law and
guarantee rights. Albania’s international and national law obligations related to non-discrimination, birth
registration, the right to nationality, the prevention of statelessness and the identification and protection
of stateless persons are all undermined by an inadequate policy framework and a burdensome bureaucracy. It is significant that there is no one state entity with the unique mandate to address statelessness.
Although the Directorate for Nationality and Directorate of Civil Status are the relevant authorities dealing with granting of nationality, there is little attention to the prevention and reduction of statelessness,
or for the protection of the rights of stateless persons.
Finally, Albanian authorities must put greater effort in tackling the issue of Albanian children born abroad,
given the fact that they represent about 50 % of the identified persons at risk of being stateless. In order
to do so, a better inter-ministerial (MoI – MoJ - MoEFA – MHSW) coordination, as well as improved cross
border cooperation, will be key to address these issues.
2015, p13.
64
UNHCR - TLAS / May 2018
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