SERBIA
SERBIA
Like most other countries in the region, those at risk
of statelessness in Serbia are primarily from Roma
communities.
Serbia acceded to the 1954 Convention and the 1961
Convention in 2011, further ensuring that relevant
domestic legislation is in line with the two Statelessness
Conventions. In 2012, a Memorandum of Understanding
(MoU) was signed between the Ministry for Public
Administration and Local Self Government, the
Ombudsman of the Republic of Serbia and UNHCR,
building a framework for coordinating activities to adopt
systemic solutions with regard to late birth registration
and access to personal documentation for Roma, as well as
raising awareness and capacity of civil servants tasked with
birth registration, registration of residence and nationality,
and the Roma community in Serbia.
“MY ONLY WISH IS FOR MY CHILDREN TO HAVE
EQUAL OPPORTUNITIES AS EVERYONE ELSE, TO GO TO
SCHOOL AND TO HAVE DECENT JOBS SOMEDAY.”
DRAGAN, FATHER OF BILJANA, 3, SERBIA
24 • ENDING STATELESSNESS IN SOUTH EASTERN EUROPE
As a result, several important laws have since been
adopted, creating the necessary conditions to reduce
and prevent future recurrence of cases of Roma lacking
birth registration and/or personal documentation.
Collaboration within the MoU led to the harmonization of
the practice of registrars, police officers and social workers
throughout the country in cases of late birth registration
and registration of residence and nationality. The MoU also
enhanced cooperation between civil society and the public
sector, which has facilitated the resolution of a number of
complex cases that had been stuck in administrative limbo
for years.
In the absence of a law on free legal aid in Serbia, UNHCR
has continued to provide funding for legal assistance to
the remaining Roma at risk of statelessness supporting
them with registering at birth and in obtaining personal
documents. Thanks to these efforts, the number of Roma
at risk of statelessness has dropped substantially from
estimated 30,000 in 2004 to approximately 2,200 in 2018.
Biljana was born in Belgrade in 2014. Despite being born
in a hospital, Biljana’s birth was never registered. A few
months after Biljana’s birth, her father, Dragan, reached
out to Praxis, UNHCR’s partner, for help with obtaining a
health booklet for her. Without a registered birth, Biljana
could not get a health booklet and, consequently, could
not get the critically necessary BSG tuberculosis vaccine.
Dragan was in the middle of a legal quagmire. Biljana’s
mother, Sanela, also had no proof of identity, and therefore
could not get legally married with Dragan. Without this
documented link to Biljana as her father, Dragan was
deemed unauthorized to advocate on Biljana’s behalf.
With Dragan’s hands tied, Praxis stepped in to provide
much needed legal support. After a lengthy appeal process,
the Secretariat for Administration’s decision regarding
Dragan’s inability to represent Biljana was overturned by
the District Court. Dragan, Sanela, and Biljana are now
awaiting the decision as the case is re-processed. While
Biljana is on the right path legally, every day spent waiting
is a day without healthcare and other social services.
Furthermore, if there were to be any sort of emergency,
Dragan would be unable to make any decisions on behalf
of his daughter. Biljana and her parents remind us that
there are human beings behind the complex administrative
process of establishing an identity.
ENDING STATELESSNESS IN SOUTH EASTERN EUROPE • 25