presented a breakthrough in attempts to improve the position of stateless persons and secure their access
to rights. Article 1 of the Convention defines a stateless person as ‘a person who is not considered as a
national by any State under the operation of its law’. It also clearly sets out the rights that the contracting
parties undertake to afford to stateless persons in a manner ‘as favourable as possible’. According to the
Convention, stateless persons ought to enjoy the same rights as nationals with respect to freedom of religion
and education of their children. When it comes to the right to association, employment, and housing, stateless
individuals should receive treatment not less favourable than other aliens. Several years later, in 1961, the
Convention on the Reduction of Statelessness8 envisaged a number of instruments and guarantees that
contribute to the elimination of statelessness. Serbia has ratified both of these conventions.
The United Nations High Commissioner for Refugees (UNHCR) has a mandate for stateless persons. This
mandate initially only covered refugees who were also stateless, but this was extended by the Convention
on the Reduction of Statelessness to also include individuals covered by the Convention. Since 2014, the
UNHCR has been pursuing a campaign with the hashtag #IBelong9, which aims at eradicating statelessness
worldwide by 2024 (when the campaign is set to end). The campaign aims to address the existing cases of
statelessness and prevent new ones, and to identify and protect stateless persons.
UNHCR Representation in Serbia has been working to prevent and eradicate statelessness for years. Past
surveys have revealed that this issue mainly afflicts a number of ethnic minorities living in Serbia, namely the
Roma, Ashkalis, and Egyptians, as well as internally displaced persons (IDPs) originally from Kosovo and
Metohija. Some of these individuals are unable to secure birth registration and obtain personal documents,
which prevents them from leaving the vicious circle of social marginalisation and discrimination.
To date, the UNHCR has co-operated with institutions responsible for civil registers (the Ministry of Public
Administration and Local Government) and other stakeholders involved in issues of nationality and problems
that arise when people attempt to obtain personal identity documents. Over the past decade, Serbia has
shown strong commitment to resolving the issue of statelessness, which resulted in a major decline in
the number of legally invisible persons and those at risk of statelessness. Serbia’s efforts have also been
recognised at the international level, with some Serbian statutory arrangements copied by countries in the
region and thus presenting a good practice example.
Nevertheless, the issue of persons at risk of statelessness is yet to be completely addressed, and more
needs to be done to prevent escalation of legal invisibility amongst the RAE population in Serbia. In this
respect, it is very important to ensure timely birth and citizenship registration for children whose parents lack
personal identity documents and so prevent the problem from being passed on from one generation to the
next. New challenges have also recently arisen that could have adverse effects in the future. Key objective
of this Survey is to identify, and pinpoint existing and possible new issues related to the risk of statelessness.
10
8
1961 Convention on the Reduction of Statelessness.
9
#IBelong, unhcr.org/ibelong.
PERSONS AT RISK OF STATELESSNESS IN SERBIA
OVERVIEW OF CURRENT SITUATION AND THE WAY FORWARD