obstacles to birth registration and access to documents for the Roma population and remove those
constraints; particular emphasis will be placed on registering new-born children.
In 2019, Praxis also identified some practical issues. 23 Data collected by this NGO indicate that amendments
to the Law on Non-Contentious Procedure have largely contributed to the reduction of the number of
legally invisible persons, there remain obstacles in its implementation. The key issue here concerns lengthy
procedures for establishing date and place of birth: even though the law requires this process to be completed
within 90 days from application, the time limits are often exceeded. Additionally, applicants are frequently
ordered to pay court fees, even though the law exempts them from having to pay procedural costs.
As has already been discussed, amendments to the Law on Permanent and Temporary Residence have to
a large extent resolved issues with residence registration of those living in informal Roma settlements. That
being said, individuals already registered elsewhere are denied access to this option, even though they
have been living away from their formal place of residence for years. This problem especially affects IDPs
from Kosovo and Metohija who now reside at addresses where they cannot register permanent residence.
An additional issue identified at two of the five local authorities interviewed involves CSWs. Here, the
residence registration procedure requires the local police station to send the residence registration form
to the appropriate CSW for verification, which in effect means the CSW approves registration. In some
communities, however, the CSWs are reluctant to follow this rule and refuse to verify registration forms,
primarily due to limited human resources at the CSWs and the resulting belief they will not be able to meet
the needs of the new beneficiaries. Such behaviour is contrary to instructions from the Ministry of Labour,
Employment, Veterans’ and Social Affairs, which requires CSWs to approve registrations of residence. It
seems the situation has improved since the enactment of the Law on Permanent and Temporary Residence,
but inconsistencies remain that indicate a need to continue raising awareness of social workers and improving
CSW capacities.
The local authorities that took part in the Survey claimed they were investing efforts to ensure persons at
risk of statelessness understood the importance of having a complete set of personal documents. All local
authorities agreed that there was often limited awareness of the requirement to register children at birth,
have a personal identity card, or register permanent residence, and that this was driven by a variety of
factors, including illiteracy, language barriers (especially in Bujanovac), fear, and mistrust of Government
bodies amongst the Roma, Ashkalis, and Egyptians. (The local governments’ staff interviewed agreed that
the Roma community was highly mistrustful of the authorities.) Most local authorities’ actions are pursued
in the field, in direct contact with individuals who live in informal settlements. All five local authorities felt cooperation with national institutions to address issues of RAE individuals at risk of statelessness was good,
23 Praxis, Review of the remaining obstacles in exercise of the right to birth registration, acquisition of
citizenship and permanent residence registration, 2019, available at: https://www.praxis.org.rs/images/
praxis_downloads/Review_of_the_remaining_obstacles.pdf
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PERSONS AT RISK OF STATELESSNESS IN SERBIA
OVERVIEW OF CURRENT SITUATION AND THE WAY FORWARD