Most relevant international and regional instruments have been incorporated into Kosovo’s domestic legal framework. However, data on the population affected by statelessness is very limited and the issue is likely underreported. Kosovo introduced a statelessness determination procedure (SDP) in 2020 leading to a dedicated statelessness status. The procedure is established through an administrative instruction, but is otherwise generally in line with good practice, except that applicants are not granted rights during the procedure. Recognition of statelessness leads to a renewable temporary residence permit, and other rights established by the 1954 Convention. However, it is reported that people may face some barriers to accessing these rights in practice.
There are gaps in safeguards to prevent the arbitrary detention of stateless people. Detainees are not routinely referred to the SDP and are not granted rights upon release to prevent re-detention. Positively, there are safeguards in nationality law to prevent childhood statelessness, including in the case of foundlings, adopted children, children born abroad to Kosovar parents, and children born on the territory who would otherwise be stateless. However, they are little used, so implementation is unclear, particularly where parents may hold another nationality but are unable to confer this to their child. Birth registration is assured in law, but there are practical barriers that disproportionately impact on Romani, Ashkali, and Egyptian communities. Same-sex partnerships are not regulated in Kosovo so children may not be registered as having same-sex parents. Deprivation of nationality is permitted in law, but there are safeguards to prevent statelessness and no case has been reported.
Roma Versitas Kosovo
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