43. There is no statelessness determination procedure nor statelessness protection status
in North Macedonia. Options for many stateless people are limited to applying for
asylum or a temporary residence permit at the discretion of the Government, providing
only very limited rights. While most cases of statelessness that have been identified in
North Macedonia are in situ stateless individuals, the absence of a dedicated
statelessness determination procedure prevents stateless refugees and migrants from
being identified and accessing protection.
44. Despite the lack of a dedicated statelessness status, temporary or permanent residence
permits issued to some stateless people by the Ministry of Interior indicate ‘XXX’ in the
"nationality" section, which indicates that these persons have unknown or
undetermined nationality. This is considered as proof that they are stateless in the
naturalisation procedure, and they may therefore acquire nationality through
facilitated naturalisation (which reduces to six years the requirement to have lawful and
permanent residence, instead of seven). However, the co-submitting organisations
reiterate the importance of adequately identifying and determining statelessness,
including through the introduction of an SDP.
Recommendations
45. Based on the above information, the co-submitting organisations urge reviewing States
to make the following recommendations to North Macedonia:
I.
Amend the Law on Citizenship to implement a full safeguard to ensure that all
children born in North Macedonia who would otherwise be stateless acquire
nationality automatically or as soon as possible after birth, regardless of the
status or identity of their parents.
II.
Effectively and comprehensively implement the amended Law on Civil Registry,
to ensure that all children are registered immediately after birth regardless of the
status or identity of their parents, including by removing any practical barriers to
birth registration and addressing discriminatory practices by the authorities.
III.
Ensure that all stateless people on the territory, including members of Roma,
Ashkali and Egyptian communities, have access to fundamental rights in law and
in practice without any discrimination, irrespective of documentation or
citizenship status, including primary and secondary education, healthcare
(including reproductive rights and maternity care for women), work,
accommodation, and freedom from violations of rights such as child and early
marriage.
IV.
Continue the effective implementation of the amended Law on Civil Registry and
continue to strengthen measures to register persons with unregulated civil
status, and provide them with civil documentation and a facilitated route to
confirmation or acquisition of nationality. This includes introducing facilitated
procedures for the registration of people who were not identified in the
Government-led public call.
V.
Improve the collection and monitoring of disaggregated quantitative data on
stateless persons in the Republic of North Macedonia and build the capacity of
officials to accurately identify and record statelessness across government
agencies at all administrative levels.
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