Ombudsman: "Legally invisible" should be given citizenship

BELGRADE Ombudsman Sasa Jankovic has submitted a proposal to the Serbian parliament to amend the Law on Non-Contentious Proceedings. It would enable formerly “legally invisible persons” to obtain Serbian citizenship without any difficulties. Ombudsman: "Legally invisible" should be given citizenship Under the law that is currently in force, Jankovic said, even though a final court decision in a procedure for the determination of the date and place of birth of a person has been made and the person was entered in the birth registry, the Interior Ministry is not bound by the decision. He stressed that this is “legally untenable” because the Constitution explicitly prescribes that the court decision shall be binding on all, including the Interior Ministry. The protector of citizens said that he has used his right of legislative initiative and proposed to the Serbian parliament to remove the controversial article from the Law on Non-Contentious Proceedings and enable the citizens who have been entered in the registry of births by court order to be entered in the register of citizens without any legal obstacles. According to the latest UNHCR report, there are between six and seven thousand “legally invisible people” in Serbia, mostly Roma (Gypsies) internally displaced from Kosovo and Metohija. Without having a birth certificate, these people cannot obtain any personal documents or exercise any civil rights, and are excluded from the education, health and social protection systems. Sasa Jankovic (Tanjug, file) Tanjug

Ombudsman: "Legally invisible" should be given citizenship

Under the law that is currently in force, Janković said, even though a final court decision in a procedure for the determination of the date and place of birth of a person has been made and the person was entered in the birth registry, the Interior Ministry is not bound by the decision.

He stressed that this is “legally untenable” because the Constitution explicitly prescribes that the court decision shall be binding on all, including the Interior Ministry.

The protector of citizens said that he has used his right of legislative initiative and proposed to the Serbian parliament to remove the controversial article from the Law on Non-Contentious Proceedings and enable the citizens who have been entered in the registry of births by court order to be entered in the register of citizens without any legal obstacles.

According to the latest UNHCR report, there are between six and seven thousand “legally invisible people” in Serbia, mostly Roma (Gypsies) internally displaced from Kosovo and Metohija.

Without having a birth certificate, these people cannot obtain any personal documents or exercise any civil rights, and are excluded from the education, health and social protection systems.