There is a need for continuing awareness-raising efforts and training for civil servants, including free legal aid
providers, who are in direct contact with persons at risk of statelessness. In some cases, these civil servants
are poorly receptive to the particular issues faced by the Roma in accessing documents, and may also
infringe upon the principles of good governance by issuing oral rejections or requiring applicants to submit
documents even though their authorities are allowed to access these data through official channels. Even
though human capacity has certainly improved in recent years, much still remains to be done, especially
locally, to train registrars, police officers, and social workers. This training specifically ought to be extended
to staff of local free legal aid services.
Registration of permanent residence remains a fundamental issue. Since a person without a registered
residence is unable to obtain an identity card, their children will be at risk of statelessness since a mother
without an identity card cannot register her children directly at birth. The option for using the local CSW as
the place of residence for individuals who otherwise lack legal grounds to register residence, introduced in
Article 11 of the 2011 Law on Permanent and Temporary Residence, has greatly broadened access to residence
registration. Nevertheless, the findings of this Survey show that problems persist with access to this right
(specifically for Roma displaced from Kosovo and Metohija). Even though the CSWs initially resisted this
move, especially given their limited capacity, the situation seems to be better now, but inconsistencies
remain at some CSWs owing to both ignorance of the procedure and lack of awareness amongst social
workers.
In practice it happens that returnees under the readmission agreement either lack birth certificates
altogether or do not have international ones, a requirement for re-registering with national records. Issues
are also evident with registration of permanent residence. To facilitate re-integration of these individuals
upon their return to the country they need appropriate support to overcome the likely administrative issues
they encounter when seeking to obtain documents. Particular emphasis was placed on the need for local
institutions to work more closely with local trustees for refugees and migrations, as the trustees are in direct
daily contact with these individuals.
There is a pressing need for the RAE population to be made more aware of procedures for obtaining
documents. Roma co-ordinators, health workers (especially Roma health mediators), and teaching assistants
are particularly important in this regard.
PERSONS AT RISK OF STATELESSNESS IN SERBIA
OVERVIEW OF CURRENT SITUATION AND THE WAY FORWARD
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