STATELESSNESS IN SOUTH EASTERN EUROPE STATELESSNESS IN SOUTH EASTERN EUROPE In 2011, upon the joint initiative by the UNHCR, the European Commission and the OSCE, officials from Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Kosovo*, Montenegro and Serbia, as well as local and international stakeholders, adopted the “Declaration on Access to Civil Documentation and Registration” (so-called “Zagreb Declaration”), endorsing a set of recommendations to eliminate the underlying causes of the risk of statelessness. STATELESSNESS IN SOUTH EASTERN EUROPE According to UNHCR estimates, there are approximately some 5,000 stateless people in the area overseen by the UNHCR Regional Representation for South Eastern Europe. As is the case elsewhere in the world, various, often interconnected, factors, specifically, the dissolution of the former Yugoslavia, the economic, social, and political exclusion of national minorities, and lack of access to birth registration, particularly in already marginalized communities, cause statelessness. Across the region, Roma populations make up the majority of those at risk of statelessness. Viewed with suspicion by mainstream communities and politically, socially, and economically excluded for centuries, many Roma are caught in an intergenerational cycle of legal ‘invisibility.’ For instance, a pregnant Roma woman may not have legal proof of identity, which has excluded her from education and stable employment for her entire life. Without the necessary documentation and financial resources, she does not see giving birth in hospital as an option. She, therefore, gives birth at home and the birth is not registered. Pushed to the margins of society, the woman now faces costly and lengthy administrative processes to register her baby. Thus, her baby is born into statelessness, continuing the cycle. In Albania, Kosovo, and Montenegro, Ashkali and Balkan Egyptian communities are also disproportionately at risk of statelessness. Considered by some to simply be Albanian-speaking Romani, the Ashkali and Balkan Egyptian communities, are, in fact, distinctive minority groups. Like the Roma, however, they have had a long history of discrimination and marginalization, with statelessness often becoming an intergenerational cycle. In order to end statelessness among these groups and other at-risk persons in South Eastern Europe, the UNHCR is working with local authorities and institutions to reduce the numbers of stateless persons and/or persons at risk of statelessness by: 1. 2. 3. 4. Identifying and protecting stateless persons, including those of a migratory background; Advocating for accession to both UN Statelessness Conventions Preventing statelessness at birth; and Collaborating with civil society organizations (free legal aid providers in particular), European Network on Statelessness (ENS), other UN agencies, and other international organizations, such as the OSCE and the Council of Europe. These objectives are the relevant part of the UNHCR regional strategy designed to address the underlying causes and ongoing drivers of statelessness in the region, namely the institutionalized marginalization of at-risk communities, the poor socioeconomic prospects for affected persons in the region, and the slow pace of legal reform and implementation. Three years into the #IBelong campaign, there are already indicators of success in the region. Governments are increasingly making positive steps toward legal inclusion of stateless people in their legal and civil registration systems. Across the Western Balkans, international legal norms regarding stateless persons have been integrated into domestic law. Additionally, the capacity of civil society organizations working in this area has increased dramatically, with civil society now wielding significant skill and power in advocating for stateless persons. Finally, best practices regarding identifying at-risk populations and individuals and maintaining working relationships with stakeholder communities have begun to emerge, making the future of advocating for stateless persons even more promising. All References to Kosovo in this document shall be understood to be in the context of Security Council Resolution 1244 (1999). 6 • ENDING STATELESSNESS IN SOUTH EASTERN EUROPE ENDING STATELESSNESS IN SOUTH EASTERN EUROPE • 7