Statelessness Determination and Protection Status
14. There is no dedicated statelessness determination procedure (SDP) nor stateless
protection status in Croatia. This means that national authorities including the Ministry
of Interior, Ministry of Administration, Ministry of Demography, Family, Youth and Social
Policies, have no way to effectively identify who is stateless or at risk of statelessness in
the country, nor take steps to solve these cases. The Croatian Government therefore has
no legal mechanism by which to identify and grant stateless people protection, in order
to implement its international obligations under the 1954 Convention on the Status of
Stateless Persons.
15. The only procedure that regulates statelessness is the Rule Book for Regulation of Status
and Work of Citizens of Third Countries in the Republic of Croatia, which regulates the
travel document for stateless persons.11 The recent case of Hoti v. Croatia before the
European Court of Human Rights highlighted the impact of a lack of a dedicated
procedure to determine statelessness and grant protection status to stateless persons
on the territory.12 Croatia is yet to amend its legislation to improve its national legal
framework in response to the judgement.
16. In general, stateless people in Croatia do not have access to state funded legal aid and
are often treated as third country nationals and presumed to hold another nationality.
There is very little awareness among national authorities about statelessness, including
the Police and Immigration authorities.
The Right to a Nationality - Prevention & Reduction of Statelessness
17. The Croatian Citizenship Act contains in its Article 7, a partial safeguard to prevent
childhood statelessness in the case of children born on the territory who would
otherwise be stateless, and foundlings.13 However, this does not fully meet international
standards (including those set out under Articles 7, 2 and 3 of the CRC), as it applies only
to children born in Croatia to parents who are also stateless or who are unknown (the
case of foundlings). Furthermore, Article 7 also stipulates that the child’s Croatian
nationality will cease if it is confirmed that both the parents hold a foreign nationality
before the child’s 14th birthday. The law therefore does not prevent children being born
stateless to parents who hold a nationality but may be unable to confer this to their
child.
18. As a Successor State to the Socialist Federal Republic of Yugoslavia (SFRY), Croatia chose
to grant Croatian nationality based on the former Yugoslav Registries of Republics
Nationalities in which residents of the former Yugoslav Republics were registered as
holding both Yugoslav citizenship and citizenship of one of the former Republics.
However, many people who were presumed to hold the nationality of other former
Yugoslav Republics did not actually hold another nationality. Many cases of statelessness
11 See: http://uznr.mrms.hr/wp-content/uploads/propisi2/nacionalni/rsp027.pdf
12 EctHR Application no. 63311/14, Hoti v. Croatia, 26 July 2018
https://hudoc.echr.coe.int/eng#{%22documentcollectionid2%22:[%22GRANDCHAMBER%22,%22CHAMBER%22],
%22itemid%22:[%22001-182448%22]}
13 Article 7, Croatian Citizenship Act: https://www.zakon.hr/z/446/Zakon-o-hrvatskom-dr%C5%BEavljanstvu
(Official Gazette 110/15). Available in English at: https://www.refworld.org/docid/5ac3799f4.html
4