The Ombudsman initiated amendments to the Law on Non-Contentious Procedure in 2012, and the UNHCR
and Praxis took part in drafting process.
Another major step forward was the 2011 Law on Temporary and Permanent Residence,21 which allowed
persons residing in informal settlements without legal basis for tenancy to register another address,
including of their local CSW, as their permanent residence. According to the institutions interviewed, this
change removed all the remaining obstacles for issuance of identity cards, which requires registration of
permanent residence. The following year saw the signing of a Memorandum of Understanding (MoU)
between the MoPALG, the UNHCR and the Ombudsman which aimed at resolving issues faced by the
Roma in accessing personal documents. This co-operation was extended in 2019 when the parties entered
into a new agreement. Apart from contributing to legislative changes, the MoU proved highly significant
in that it demonstrated that the authorities were committed to working on this issue together. Especially
important were activities of the Technical Group under the first MoU, which will continue as the Operating
Group pursuant to the 2019 MoU. In addition to the signatories, the Technical Group included other public
authorities (the MoI, Ministry of Labour, Employment, Veterans’ and Social Issues, Ministry of Justice, Ministry
of Health, Belgrade City Administration (to name but a few) and civil sector. All respondents rated this type of
co-ordination highly and saw it as an example of best practice in collaboration between Government bodies,
independent state authority, the international organisations, and the non-governmental sector.
In October 2016, the Ministry of Health and the MoPALG initiated the ‘Baby, welcome to the world’ project,
which aimed at streamlining registration of children born in healthcare institutions. According to the MoPALG,
the aims of this initiative have largely been met. This simplified procedure is regulated by the Instructions for
Administrative Procedures in One-Stop-Shop Birth Registration. The Instructions envisage birth registration
for children whose mothers lacked personal documents, but its non-binding nature means individuals still
encounter problems.
The latest piece of legislation amended in this field is the Law on Civil Registers, which took effect in
January 2019. Even though the institutions claimed the changes should remove the outstanding problems,
the CSOs noted that this law had failed to regulate birth registration for children whose mothers lack personal
documents, as two statutory instruments remain in force that prevent registration of all particulars of newborn children if their mothers are not in possession of personal documents.
October 2019 also saw the entry into force of the new Free Legal Aid Law, which stipulates the creation
of free legal aid services at local authorities. This piece of legislation ought to ensure the most vulnerable
individuals receive free legal aid, but its effects are yet to be felt. The complicated procedures mean that
persons at risk of statelessness need legal advice to even be able to access free legal aid.
The MoU that was in force from 2012 and 2016 has had a tangible impact and resulted in progress
with birth registration and access to documents. The MoI, MoPALG, and Ombudsman all noted that the
21 Law on Permanent and Temporary Residence, Article 11.
48
PERSONS AT RISK OF STATELESSNESS IN SERBIA
OVERVIEW OF CURRENT SITUATION AND THE WAY FORWARD