17
Statelessness in a migratory context
The distinction between in situ Roma populations and
migratory or displaced individuals affected by statelessness is often blurred in the Western Balkans, particularly
given cross-border movement within and beyond the
region. Migration, whether voluntary or forced, can significantly impact access to documentation, especially
where individuals cannot meet documentary or procedural requirements upon arrival in a new Beneficiary,
or upon return. Children born during migration or to
parents residing irregularly in a host Beneficiary may
also be at heightened risk of remaining unregistered
and without citizenship. An emerging issue across the
region is a new risk of statelessness among returnees
from other parts of Europe, who often face significant
challenges to access socio-economic rights and documentation on return, including for their children.
Despite these risks, statelessness among migrant and
displaced populations (both Roma and non-Roma) remains insufficiently addressed in domestic frameworks
across the region. Several Beneficiaries have yet to establish dedicated statelessness determination procedures (SDPs) to give effect to their obligations under the
1954 Convention relating to the Status of Stateless Persons. Where these do exist, they are not always in line
with international norms and good practice standards,
including in some cases being inaccessible to those
who lack residence status or identity documentation.22
Access to legal assistance in such procedures is another
significant barrier to protection, as some Beneficiaries exclude these procedures from legal aid provision.
Stateless migrants and refugees may also face overlap-
ping legal and practical barriers to regularising their
residence status, including limitations on access to a
residence permit as a consequence of statelessness
determination, lengthy procedures, and limited
proce-dural safeguards. Improvements to existing SDPs
to bring them in line with good practice, and the
introduction of SDPs in all Beneficiaries in the region,
would contrib-ute significantly to reducing and
ending statelessness.
Barriers to naturalisation procedures also limit the
abil-ity for identified stateless people to acquire
citizenship and therefore resolve their statelessness.
In most Ben-eficiaries, naturalisation is not
significantly facilitated for stateless people, with
lengthy residence criteria, stringent documentation
requirements, and broad dis-cretion to refuse
applications, creating high thresholds that many
stateless people cannot meet. Requirements such as
high fees, health insurance, or proof of subsist-ence
can also pose significant barriers that disproportionately impact on the most marginalised.
Taken together, these gaps highlight the urgent
need for a more comprehensive and coordinated
approach, led by public authorities, to reducing
statelessness in the Western Balkans, particularly
among Roma and migrant communities. By
introducing
comprehensive
identification,
determination,
and
registration
meas-ures,
simplifying administrative procedures, removing
legal and socioeconomic barriers, and enhancing
ac-cess to legal aid, Beneficiaries in the region could
build on existing progress and take significant steps
towards ending statelessness.
22 For more information on SDPs, see UNHCR, Good Practices Paper – Action 6: Establishing Statelessness Determination Procedures to
Protect Stateless Persons, July 2020, available at: https://www.refworld.org/policy/opguidance/unhcr/2020/en/123292; See also European
Network on Statelessness, Statelessness determination and protection in Europe: good practice, challenges, and risks, September 2021, available at: https://www.statelessness.eu/sites/default/files/2021-09/ENS-Statelessness_determination_and_protection_in_Europe-Sep_2021.pdf.