20. These figures are likely an underestimation of the total population at risk. Some people
may not have heard about the public call, were unable to register during the timeframe,
or were not registered for other reasons. Some people may have also not declared
themselves as stateless due to fear of detention for lack of personal documentation, such
as a foreigners’ residence permit or an extract from the special birth register. MYLA has
identified around 20 undocumented people who were not registered in the public call. A
new facilitated procedure has been introduced to allow the registration in the regular
registry books of people who had not been identified in the public call but who remain
unregistered.29
21. A mapping study of people at risk of statelessness among Roma, Ashkali, and Egyptian
communities carried out by UNCHR in 2011 across 70% of the territory of North
Macedonia reached 13,770 members of these communities and found that many lacked
personal documentation, birth and/or personal name registration, or had unregulated
legal residence or nationality.30
22. North Macedonia’s legal framework enshrines some safeguards to prevent and reduce
statelessness, but further efforts are needed. There is a provision in law for children born
on the territory to stateless parents or parents of unknown nationality to automatically
acquire Macedonian nationality, but it contains significant restrictions, making it
ineffective for many children. There are also safeguards in law to prevent statelessness
among foundlings and children born to Macedonian nationals abroad.
23. There have been barriers to birth registration and unregulated civil status in North
Macedonia for many years, which has perpetuated the risk of statelessness and failed to
prevent new risks arising, with a disproportionate impact on Roma and other minority
communities. The inability to meet documentary evidence requirements, discriminatory
behaviour of registry officials, poverty, lack of awareness, and marginalisation have
prevented access to civil registration.31 Positively, this year North Macedonia has taken
significant steps to address the gaps in its legal framework, allow the registration of
people who have unregulated civil status, and ensure that all children are registered as
soon as possible after birth. In June 2023, North Macedonia's Parliament adopted crucial
amendments to the Law on Civil Registry.32 Among the most significant changes was the
introduction of Article 4-a, which mandates the immediate registration of every child born
within the territory of North Macedonia, no longer than 45 days after the birth,
irrespective of the nationality or status of the child’s parents. Article 4-a is already in effect
and being implemented by the authorities. The continuous and adequate implementation
of this safeguard would prevent many children from growing up stateless, as the birth
certificate is an essential document to demonstrate ties to the country. More information
on children’s right to nationality and birth registration is provided under Issue 1.
24. In the last couple of years, new cases of people at risk of statelessness have been arising.
In particular, this is the case of refugees from Kosovo’s refugee crisis from 1999, whose
subsidiary protection was stopped and who have continued living in North Macedonia
without lawful residence and documents. Their children, usually born in North
Macedonia, are facing difficulties to have their births registered and to regulate their
29
Official Gazette of Republic of North Macedonia no.129/2023 from 21 June 2023.
UNHCR Representation in the Republic of North Macedonia, available at: http://www.unhcr.org/pages/49e48d8f6.html.
31 See further information at ENS, Statelessness Index: North Macedonia, https://index.statelessness.eu/country/northmacedonia.
32 North Macedonia: Law on Civil Registry, 21 June 2023, available at: https://www.refworld.org/docid/64e5c8b54.html.
30
5