that all Montenegrin residents, regardless of
citizenship status, can receive the vaccine. The
includes persons who are in the process of resolving their legal status and those who have no
documents at all.13
-
14
SOCIO-ECONOMIC RIGHTS
Exclusion from Emergency Relief: During the
COVID-19 pandemic, those without resolved
government measures. The government rolled
citizens.15 Each level only applied to Roma with
STATELESSNESS AND THE RIGHT
TO NATIONALITY IN MONTENEGRO
The Constitution of Montenegro 2007,16 Law
on Montenegrin Citizenship 2008,17 and Law on
Foreigners 2018,18 collectively set out the rules
related to citizenship. The 2008 Citizenship Acts
stipulates that Citizenship can be acquired via
origin; birth on the territory; naturalisation and
international agreements and treaties.19 Due to
the nexus between lack of birth registration and
the risk of statelessness, in 2015, the Law on
Non-Contentious Proceedings20 was amended
to establish a procedure to register the date and
place of birth of those born outside the formal
health system. This amendment has improved
the situation of late birth registration in Montenegro and reduced the risk of statelessness.21
By December 2020, Montenegro had also begun
the implementation of new birth registration
practices for children abandoned by their mothers, or whose mothers are without ID.22 Further,
in 2018 a bylaw to the Law on Foreigners introduced an SDP23 giving stateless people the
opportunity to formalise their stateless status
and thus acquire legal residence and access to
basic rights.
was the distribution of €50 to persons who
receive social assistance via the Center for
Social Work; the second level was also €50 to
reau; the third and fourth instalments of €100
or €200 also applied to people on the records
of the Center for Social Work. The increase in
Montenegrin general elections. Roma who lack
documentation were denied access to these
formal settlements were completely excluded
The project “Learn My Name”, carried out by Walk With Us -Phiren Amenca, aims to tackle
statelessness in Montenegro by documenting the exclusion of the Roma community within
Podgorica via evidence-based research, and developing a better understanding of the impact
used as a basis for advocacy, initiating dialogue with humanitarian and government actors,
documents.
the project will engage the Ministry of Interior Affairs, which is responsible for regulating the
legal status of the Roma and Egyptian communities; the Ministry of Economic Development,
Undocumented Roma communities were also
not fully reached by humanitarian organisa-
Social Welfare, which is responsible for the distribution of assistance packages, and the Red
Cross.
organisation in Montenegro, the Red Cross,
did not include those without documentation
in its relief efforts, as it relies on government
the government relief fund. In cooperation with
the Red Cross, the state provided aid packages,
some of which did reach people with resolved
legal status and in some cases, this type of assistance also went to people with unresolved
legal status. However, this was only if they lived
close to the areas where assistance was given,
Such relief has only been provided once or twice
since the pandemic started and has not been
Lost Livelihoods: The stateless, and those at
risk of statelessness are generally unable to
access formal employment due to their lack
of legal documentation. They tend to therefore
work in the informal economy. As a result of the
lockdowns, many lost their sources of income
pushing them further into poverty. The Roma
community is very aware of the pandemic and
the health risks. However, due to lack of government assistance and state failures to ensure
food and clean water for all individuals, they
are forced to continue working, if they can, to
ensure survival.
40
THE CESF CONSORTIUM PROJECT
in the best interest of the Roma and Egyptian community in Montenegro, monitoring policies
and actively improving conditions for this community in the areas of employment, education,
housing, health, legal status, safety and equality. This organisation creates opportunities for
non-formal education and dialogue in order to challenge prevalent stereotypes and antigypsyism. It aims to integrate and actively engage young Roma and Egyptian men and women
into Montenegrin society, strengthen institutional capacities for the inclusion of Roma and
Egyptian communities and reduce negative attitudes and discrimination against Roma and
Egyptians in Montenegro.
Impact
ber of people with unresolved legal status, as well as understanding how the distribution of
COVID-19 aid took place and how many people were left out.24 In discussions with relevant
institutions, there have been visible shifts and sensitisation on the issue, as well as a clear
intention and recognition of the necessity to reopen the public call to submit requests for the
resolution of legal status in Montenegro, which originally closed in January 2015. The project
has also placed additional pressure on the Montenegrin Government to honor its pledges to
engage in European political activities to end statelessness.