Part I: Regional Historical Overview & Background
1.1. Introduction
The shared history of the republics of the former Socialist Federal Republic of
Yugoslavia (former SFRY) set the background for this regional analysis on statelessness.
The new countries of South Eastern Europe, Bosnia and Herzegovina, Croatia, the former
Yugoslav Republic of Macedonia, Montenegro, Serbia (including Kosovo) have, through
their citizenship legislation, largely prevented statelessness from occurring on their
territory in the aftermath of the dissolution of the former SFRY and emergence of
successor states.5 However, there are a few gaps in the legislative framework of certain
States that still may render some persons stateless.
This paper will focus on the issue of statelessness in the region, and provide an overview
of some key commonalities, problems and gaps in the national and administrative
frameworks in five South Eastern European States, with respect to international standards
for the prevention and reduction of statelessness and the protection of stateless persons. It
will draw upon international legal standards, national legislation, and academic analyses
of the complex and at times overlapping citizenship regimes of the new States of South
Eastern Europe.6
From a regional perspective, during the past twenty years several events have impacted
the issue of statelessness within the region. The first two are the conflicts that marked the
1990s. The tension between the republics of the former SFRY, the breakup of that State,
and the displacement of its citizens from 1991 to 1995 had a large impact on the
citizenship of persons in the region. This major upheaval was followed by the Kosovo
conflict in 1999, the displacement of persons throughout the region, the introduction of
UNMIK under UN Security Council 1244, as well as the dislocation and destruction of
birth registries, causing havoc for many within the State Union of Serbia and Montenegro
and the neighboring former Yugoslav Republic of Macedonia.7
Two further events have altered the landscape of citizenship and civil registration.
Montenegro’s independence from the State Union with Serbia in 2006 caused a shift in
the legal status of some former citizens of the State Union Serbia and Montenegro,
including many internally displaced Roma, Ashkali and Egyptians from Kosovo who
become foreigners in Montenegro overnight. Then, Kosovo’s unilateral declaration of
independence by the Provisional Institutions of Self-Government of Kosovo towards the
Republic of Serbia in 2008, and the subsequent promulgation of a State-like legal system
5
Slovenia, the sixth of the former republics is the only republic left out of this report as UNHCR covers
issues of statelessness among EU countries separately.
6
Shaw, J. (2010), ‘The Constitutional Mosaic Across the Boundaries of the European Union: Citizenship
Regimes in the New States of Southeastern Europe, CITSEE Working paper, 2010/07, School of Law,
University of Edinburgh, p. 6.
7
In 1999, the State Union of Serbia and Montenegro existed as the successor State to the Federal Republic
of Yugoslavia (FRY) and the SFRY before it.
6