4. Selected country examples
Bosnia and Herzegovina
Joint efforts by UNHCR, the Government of Bosnia and Herzegovina, the Roma community, civil society, and
OSCE and EU institutions have made it possible to provide members of the Roma minority with documentation.
The active engagement of Roma helped to build trust in their communities and identify individuals who needed
help to obtain birth documentation and confirm their citizenship.
The population group at risk of statelessness
A survey by the Ministry for Human Rights and Refugees in 2009/2010 suggested that some 4,500 people of
undetermined nationality lived in Bosnia and Herzegovina (BiH); their citizenship had not been recognized
formally through the issuance of documents proving nationality.56 The majority were ethnic Roma. Most lived
in informal settlements in the Federation of BiH; smaller numbers lived in the Republika Srpska and Brcko
District. Many communities had been without birth and nationality documents for generations.
The lack of documentation meant that many Roma were unable to establish their nationality, which prevented
them from accessing basic social services, such as health care. The problem can be attributed to a range of
factors, including the community’s lack of awareness of the procedures and relevance of birth registration
and documentation, previous generations’ lack of documentation, the absence of birth records from abroad,
discrimination by the authorities, and the inability (especially of large families) to cover administrative fees.
Without papers, Roma with ties to other former republics of the Socialist Federal Republic of Yugoslavia (SFRY)
were also unable to travel and obtain civil registration documents from successor States.
The group’s specific risk of statelessness
Without birth registration, the Roma are unable to prove their entitlement to nationality, leaving them at risk
of statelessness. While all children born in Bosnia and Herzegovina are entitled to birth registration, parents
need to produce several documents in order to register a birth: copies of both parents’ ID cards; their marriage
certificate; evidence that one parent is a citizen of the Federation of BiH/Republika Srpska; and evidence that
both parents are permanent residents. For many Roma parents, these are unrealistic requirements. Some Roma
originating from other parts of the former SFRY who have lived in Bosnia and Herzegovina since before the war
in the 1990s were able to benefit from facilitated naturalization procedures that were introduced following
the dissolution of the former SFRY.57 However, many were unable to confirm or acquire nationality under these
procedures because they had not formalized their residence in the country because of lack of documentation.58
Measures taken
Since late 2008, UNHCR has worked with the Government of Bosnia and Herzegovina and legal aid partners to
close gaps in the legal and administrative framework, build the capacity of relevant stakeholders, and provide
free legal aid to individuals who lack documents or need help to confirm their nationality.
56
UNHCR, Access to Civil Documentation and Registration in South Eastern Europe: Progress and Remaining Challenges since the 2011 Zagreb
Declaration (11 November 2013), at: http://www.refworld.org/docid/5280c5ab4.html.
57
Articles 37 and 38 of the Law of 1997 on Citizenship (consolidated version), Bosnia and Herzegovina, 1 January 1998, at:
http://www.refworld.org/docid/53171f604.html.
58
The law on citizenship of Bosnia and Herzegovina (and its entity-level citizenship laws) contains safeguards against statelessness following
dissolution of the former SFRY.
14
CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS