These are core principles of international law, which, if applied in a comprehensive and non-discriminatory manner, would result in the prevention and reduction of statelessness.41 States should have provisions in law to prevent statelessness at birth, including granting nationality to all children born on the territory who would otherwise be stateless, children born abroad to non-national parents, foundlings, and following an adoption process.42 States should also put in place measures to ensure universal birth registration, regardless of the residence or documentation status of their parents or family members, which is key to children effectively exercising their right to a nationality. Birth registration is vital because it provides official evidence of key facts such as birthplace and parentage, without which the child can face issues proving their entitlement to nationality. 29. Any official determination of the child's nationality or statelessness status should be carried out by a competent authority with the necessary expertise, in line with good practice, and an established procedure that adheres to the best interests of the child. States should determine whether a child would otherwise be stateless as soon as possible after birth, and in any case in a period not exceeding five years. There should be no mandatory requirements for authorities to report undocumented individuals to immigration authorities. States should clearly prohibit the sharing of information about migrants suspected of irregular presence with immigration authorities and these firewalls are binding on State authorities and the private sector. Free and prompt birth registration should be assured in law and practice even if the period within which the birth should have been declared has expired.43 30. Montenegro has a relatively robust legal framework to ensure universal and immediate birth registration. In October 2019, the Ministry of Interior and Ministry of Labour and Social Welfare developed a new birth registration practice codified in the Family Law,44 which creates a role for municipal centres for social care in line with the principle of the best interests of the child. Since its establishment, UNHCR observed the implementation of the new practice in seven out of 24 municipalities. However, implementation issues remain and there are reports from civil society highlighting specific barriers to registration, disproportionately impacting on Roma and Egyptian communities.45 31. All births in Montenegro must be registered within three days, but different procedures apply depending on where the child was born. Children born in hospitals are registered immediately after birth. Late birth registration is possible in law and practice through a procedure conducted by the Ministry of Interior, but it is subject to a fee and provision 41 See Article 7 of the UN Convention on the Rights of the Child, read in conjunction with Articles 2 and 3. See, e.g., UN Convention on the Reduction of Statelessness, 1961: Articles 1-4. European Convention on Nationality, 1997: Articles 2 and 6. 43 European Parliament, Resolution on minimum standards for minorities in the EU (2018); UN Human Rights Council, The right to a nationality: women and children, Resolution A/HRC/RES/20/4 (2012); Joint general comment No. 4 (2017) of the CMW and No. 23 (2017) of the CRC on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination, and return; and Joint general comment No. 3 (2017) of the CMW and No. 22 (2017) of the CRC on the general principles regarding the human rights of children in the context of international migration; UNHCR, Guidelines on Statelessness No. 4 (2012); Global Compact for Safe, Orderly and Regular Migration; Global Compact on Refugees; Council of Europe: ECRI General Policy Recommendation No. 16 on safeguarding irregularly present migrants from discrimination (2016); Council of Europe, Recommendation CM/Rec(2009)13 and explanatory memorandum of the Committee of Ministers to member states on the nationality of children (2009). 44 For more information see ENS, Statelessness Index - Montenegro at: https://index.statelessness.eu/country/montenegro. 45 See for example: Institute on Statelessness and Inclusion, European Network on statelessness and European Roma Rights Centre, Roma Belong - Statelessness, discrimination and marginalisation of Roma in the Western Balkans and Ukraine, October 2017, available at: https://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/roma-belong.pdf; and Phiren Amenca and ISI, Studija Slučaja Romi Bez Regulisanog Pravnog Statusa U Vrijeme Pandemije Covid-19, available at: http://phirenamenca.me/media/files_down/STUDIJA%20SLU%C4%8CAJA_ROMI%20BEZ%20REGULISANOG%20PRAVNOG%20S TATUSA%20U%20VRIJEME%20PANDEMIJE%20COVID-19.pdf. 42 8