BOSNIA AND HERZEGOVINA
KOSOVO
MIRALEM BIBEROVIĆ, BOSNIA AND HERZEGOVINA
In Bosnia and Herzegovina as throughout
Europe, Roma communities continue to live on the
margins of society. These communities often do not
have access to information about birth registration or
legal advice and assistance. To address this, from 2014
to 2017, UNHCR supported municipal level authorities,
Roma representatives, and free legal aid NGO Vaša Prava
BiH in conducting over 130 focus group meetings in
Roma settlements across the country. The meetings were
designed to raise awareness on issues related to birth
registration, provide information on the administrative
process, and identify community members in need of
immediate legal assistance. Miralem Biberović assists the
project partners and implementing authorities in one of
these targeted communities. Miralem, a Roma man from
Živinice, sums up the importance of this initiative, saying,
“To meet relevant authorities in our communities and to
get first-hand information about the risk of statelessness,
especially for our children, makes our families do more to
regulate their status.”
”People in our
communities are living on
the margins of society, and
both the authorities and
ourselves need to reach
out more and be practical
in ensuring that no Roma
is left behind due to lack
of birth certificates or
documents”
Miralem Biberović,
Bosnia and Herzegovina
AFTER WE RECEIVED DOCUMENTS
FOR ELMEDIN, ALL DOORS ARE OPEN.”
HATIP, GRANDFATHER OF ELMEDIN, 5, KOSOVO*
Members of Ashkali, Egyptian, and Roma minority
communities are those most at risk of statelessness in
Kosovo. These groups’ histories of marginalization and poor
socioeconomic conditions have resulted in a higher level of
unregistered births than among majority groups.
As Kosovo is not a member of the UN, it cannot be party
to either the 1954 or 1961 Statelessness Conventions.
Nonetheless, it has incorporated safeguards against
statelessness, derived from these two conventions, into
domestic law and practice. Legislative acts ensuring access
to appropriate standards of treatment on determination of
statelessness and late birth registration have been adopted.
Kosovo’s Civil Status Law limits the evidentiary requirements
for birth registration and allows for the possibility to
register with the statement of two witnesses. While this
*
14 • ENDING STATELESSNESS IN SOUTH EASTERN EUROPE
provision goes a long way in making birth registration and
obtaining legal identity attainable, this progress has been
tempered by the introduction of compulsory fines for
registering birth after 30 days. Once again, these fines are
particularly burdensome for the Ashkali, Egyptian, and Roma
communities they primarily affect.
The authorities and UNHCR have been working together
to address risk of statelessness in Kosovo by adopting
progressive laws and policies. In addition, UNHCR has been
providing legal aid and has undertaken extensive evidencebased advocacy, which led to the initiation of the drafting of
the National Action Plan designed to tackle statelessness,
related to birth registration, by 2024.
In 2014, UNHCR offices in Pristina and Podgorica began
a cooperation with the authorities to implement the 2011
All References to Kosovo in this document shall be understood to be in the context of Security Council Resolution 1244 (1999).
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