discrimination based on property status and ethnicity against Roma.42 In September
2023, the Commission published an opinion 43 recommending that the law be
amended, and found that the Ministry indirectly discriminated against Roma living
in informal or ‘non-legalised’ homes through the Law on Registration of Domicile
and Residence. The decision comes in the wake of the death of 20-year-old Romani
man, Memet Kamber, who died on 24 May 2023 of diabetes-related ketoacidosis
due to his inability to access timely healthcare without a personal ID.
41. On 5 October 2023, the Parliament adopted amendments to the Law on Registration of
Residence and the Law on Identification Documents, which introduces a simplified
procedure for homeless people to register their residence at the addresses of social
work centres. People who are accommodated in a health or social institution can
register their address as that of the respective institution. Additionally, the new
amendments foresee several options for people living in ‘non-legalised houses’ to
document ownership of the property and obtain an identity document. These
amendments were also the result of a holistic approach and willingness by policymakers to address statelessness and tackle the systemic challenges in North
Macedonia, although it remains to be seen how these new legal provisions will be
implemented in practice.
Issue 4 – Statelessness determination procedure for migratory
stateless populations
42. In contrast to the situation of in situ stateless populations, in the case of stateless
migrants or refugees, States should first identify who is stateless on their territory,
formally determine their statelessness (giving primacy to any asylum claim), and then
grant them an adequate protection status and rights in line with the 1954 Convention
and international human rights law. The determination of statelessness is best fulfilled
through a dedicated statelessness determination procedure (SDP) that is fair, efficient,
and easily accessible, in line with UNHCR guidelines. 44 Statelessness status should
include a residence permit, access to economic, social, civil, and political rights, the right
to administrative assistance, exemption from requirements they cannot meet because
they are stateless, and other rights protected by international law. States should also
establish a facilitated route to naturalisation so stateless people can acquire a
nationality and resolve their statelessness.45
42
ERRC, North Macedonian Equality Body finds discrimination against Roma who cannot access ID following death of young
Romani man (September 2023): http://www.errc.org/press-releases/north-macedonian-parliament-ordered-to-change-lawfollowing-death-of-romani-man-in-hospital-who-lackedid?fbclid=IwAR0MNpgIuS8uPEBqRxILtliqHZmKKKgOrq6Zgfjwi6tJYPEGbAxT9dOp_BY.
43 Commission for Prevention and Protection against Discrimination, opinion, 29 August 2023:
http://www.errc.org/uploads/upload_en/file/5522_file2_errc-%D0%9C%D0%98%D0%A1%D0%9B%D0%95%D0%8A%D0%9508-401.pdf.
44 UNHCR, Handbook on Protection of Stateless Persons, 2014:
http://www.unhcr.org/uk/protection/statelessness/53b698ab9/handbook-protection-stateless-persons.html. See also
European Court of Human Rights, Hoti v. Croatia (application no. 42321/15), 26 July 2018, holding that a State has a positive
obligation to provide an effective and accessible procedure enabling applicants to have their issues of further stay and status
determined, paragraph 32; Statelessness Index, Statelessness Determination and Protection in Europe: Good Practice,
Challenges, and Risks, 2021: https://index.statelessness.eu/resources/statelessness-determination-and-protection-europe.
45 UNHCR, Handbook on Protection of Stateless Persons, 2014:
http://www.unhcr.org/uk/protection/statelessness/53b698ab9/handbook-protection-stateless-persons.html. See also
European Court of Human Rights, Hoti v. Croatia (application no. 42321/15), 26 July 2018, holding that a State has a positive
obligation to provide an effective and accessible procedure enabling applicants to have their issues of further stay and status
determined, paragraph 32; Statelessness Index, Statelessness Determination and Protection in Europe: Good Practice,
Challenges, and Risks, 2021: https://index.statelessness.eu/resources/statelessness-determination-and-protection-europe.
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