they had left their specific republic during the war and due to destroyed registries in the
territories affected by the war, in particular within Bosnia and Herzegovina and Croatia.
1.4 Loss of birth registration and personal documentation in the region due to the
1999 Kosovo conflict
The 1999 Kosovo conflict led to a new wave of loss or destruction of personal documents
and civil registries (including birth registries) in the sub-region, placing many of the most
socially and economically vulnerable persons at risk of statelessness. Not only did the
dislocated and destroyed registry books greatly impact the ability of Serbian citizens from
Kosovo to prove their citizenship, the resulting displacement aggravated the already
vulnerable situation of some of the most disadvantaged sectors of the population, such as
the Roma. Some of these populations already lacked proof of civil registration and
necessary documentation that would enable them to enjoy fully all their civil, political,
social and economic rights and to provide proof of citizenship.
1.5 Montenegro’s independence and Kosovo’s unilateral declaration
independence by the Provisional Institutions of Self-Government of Kosovo
of
During a period of less than twenty years, Montenegro has experienced two state
disintegrations and four changes in the organization of the state. Following the
dissolution of the Socialist Federal Republic of Yugoslavia (SFRY), the Federal Republic
of Yugoslavia (FRY) was established on 27 April 1992, formed by the two former
Yugoslav republics – Serbia and Montenegro, proclaiming continuity with the SFRY and
its legal system. On 4 February 2003, FRY was reestablished as the State Union of Serbia
and Montenegro because of political discrepancies between the leading parties in both
republics and demands of Montenegro for the reorganization of the State. The State
Union of Serbia and Montenegro existed until 3 June 2006, when Montenegro declared
independence, following a referendum on 21 May 2006. Montenegro’s 2006 readmission
agreement with the European Union includes a provision requiring readmission of former
SFRY citizens who were born on Montenegrin territory, or who had permanent residence
in Montenegro on the date of the establishment of the Federal Republic of Yugoslavia in
1992, and who have not acquired any other citizenship. Some of these persons may not
be able to clarify their citizenship upon return and obtain the new documents necessary to
live in Montenegro or another State.
Kosovo unilaterally declared independence in February 2008, however the international
legal regime for Kosovo established under Security Council Resolution 1244 (1999)
remains in force today.17 Following the unilateral declaration of independence, Kosovo
authorities promulgated citizenship legislation and have recently updated Kosovo’s civil
17
Despite the fact that UN SCR 1244 remains in place, the UN Secretary General, in his June 2008 report
to the UN Security Council acknowledged that the declaration of independence and the entry into force of
the constitution had created a new reality in Kosovo, and argued for a reconfiguration of the international
civil presence in Kosovo.
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