Introduction
The non-governmental organisation Praxis has been providing free legal assistance to persons
at risk of statelessness for 12 years. These are primarily the persons whose birth and
citizenship have not been registered in civil registry books - legally invisible persons. During
this rather long period, there have been significant changes in this area. The attitude of public
authorities toward the problem of legally invisible persons has gradually changed. At the
beginning they completely denied the existence of the problem; over time they reluctantly
recognised that a certain problem existed but still refused to do anything to solve it, and
finally, four years ago they took a serious approach and began solving the problem. At that
time, the legislative framework was amended to allow a large number of legally invisible
persons to exercise their right to registration in birth registry books and to exercise the right to
citizenship, which was impossible before these legislative changes.
At the same time, and largely owing to the continuous free legal assistance provided for years
by the NGO Praxis to persons who are not registered in civil registry books, the number of
legally invisible persons has gradually decreased. The latest research conducted by the United
Nations High Commissioner for Refugees (UNHCR) in 2015 has shown that 1% of the
residents of Roma settlements are not registered in birth registry books, i.e. about 700 people
in Roma settlements1. The same research has revealed also that 8% of the children under the
age of 4 in Roma settlements are not registered in birth registry books. This information
points to the fact that a considerable number of children are still not registered immediately
after birth, which means that newborn children are becoming legally invisible persons.
Besides, the problem of legal invisibility is still not fully resolved, and a significant number of
people are still at risk of statelessness, which is evidenced by the fact that in 2016 Praxis was
addressed every month by several dozens of people with more than 50 requests for conducting
some of the procedures aimed at registration in civil registry books or the acquisition of
citizenship.
In the past two years, Praxis published reports analysing the procedures for determining the
date and place of birth and exercising the rights to citizenship and residence registration. In
these reports Praxis pointed out to specific problems in these procedures and obstacles in
exercising the rights to birth registration, citizenship and permanent residence.2 It may be
noted that the problems described in the previous reports occurred also in 2016, to a greater or
lesser extent. Therefore, this analysis will focus once again on the problems that for years
have been hindering access to the aforementioned rights, illustrated with new examples of
irregularities observed in the procedures in which Praxis provides legal assistance to its
beneficiaries.
1
See: S. Cvejić, Persons at Risk of Statelessness in Serbia – Progress Report 2010-2015, UNHCR, 2016
See: Analysis of Practical Application of the Law on Non-Contentious Procedure - Determining the Date and
Place of Birth, Praxis, 2014; Procedures for determining the date and place of birth – a brief analysis of the
remaining challenges, Praxis, 2014; The Right to Citizenship in the Republic of Serbia – a brief analysis of the
remaining challenges, Praxis, 2014; Registration of Permanent Residence in the Republic of Serbia – a brief
analysis of the remaining challenges, Praxis, 2014; Analysis of the Procedures for Determining the Date and
Place of Birth and for the Exercise of Rights to Citizenship and Registration of Permanent Residence in 2015,
Praxis, 2015
2
1
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