GLOBAL REVIEW OF STATELESSNESS
EUROPE
Among the numerous stateless populations of Europe is a portion of the region’s eight million Roma. Since they first entered Europe from the east some 500 years ago, the Roma have been persecuted. In the last century, Nazis tried to exterminate the group because they were deemed unfit, and some 500,000 were killed. During the Cold War, communist governments tried to abolish the Roma identity by employing methods such as forced sterilization. More recently, it was the breakup of Yugoslavia that exacerbated the loss of Roma rights. Individuals were forcibly evicted from settlements and placed in concentration camps. Many Roma who fled to other countries became de facto stateless during this period and have since been forced back to the republics they left years ago. In short, Roma, especially those who are stateless, remain marginalized. They lack the health care, social services, an education system, and housing that nationals have. Many are unable to exercise a full range of economic and political rights, like voting, as a result of their statelessness or ‘national minority’ status in many states. The EU Parliament has its first Roma deputy. The majority of Europe’s 200,000 Palestinians are stateless holders of refugee travel documents. There is no clear legal analysis on the status of stateless Palestinians in Europe who are not refugees. They have difficulty applying for political asylum and residence based on family reunification. Many remain without recognized legal status, work permits, and other basic essentials to live in freedom and dignity. Stateless Palestinians denied rights under the 1961 Statelessness Convention are unable to obtain travel documents, asylum or residence processing, and employment authorization. The situation of Roma and Europe’s other stateless populations are outlined below. * Albania
* Armenia
* Belarus
* Belgium
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* Bosnia & Herzegovina * Croatia * Czech Republic * * Estonia * Germany * Greece * Hungary * Italy * * Latvia * Macedonia * Netherlands * Romania * * Russian Federation * Serbia-Montenegro * * Slovenia * Ukraine * United Kingdom * Albania The Greek minority and Roma lack citizenship in Albania. Greek Minority. The Greek minority in Albania is estimated to be 280,000, and most of them live in a southern region called Northern Epiros by most Greeks, referring to the historical state of Epiros which was divided between Albania and Greece in 1913. Greeks were harshly affected by the communist regime’s attempts to homogenize the population through restrictions on the religious, cultural, educational, and linguistic rights of minorities. These individuals continue to face human rights violations, and some face restrictions on travel to their homeland and on their attempts to restore the cultural traditions. The personal safety of ethnic Greeks in Albania has been at risk due to direct intimidation by security forces and the burning of schools, churches and businesses by lawless bands that the police allow to operate with impunity. The Albanian government has removed ethnic Greeks from appointed positions of power. The Greek government has given Greeks living in Albania the chance to cross the border and have a better life but they have been reluctant to leave. It has been reported that some 300,000 ethnic Greeks from Albania will soon be granted the right to Greek citizenship. Roma. Albania has a widely estimated population of between 1,300 and 120,000 Roma. An unknown number of them are stateless. These individuals face discrimination in the job market, education system, political system, and in accessing social services. They also face a great deal of discrimination by police. Roma settlements lack basic infrastructure and public services. Armenia More than 60,000 of the 240,000 individuals who fled the Nagorno-Karabakh conflict have opted for Armenian citizenship. Belarus The U.S. Committee for Refugees estimates that about 16,000 stateless persons of former Soviet origin live in Belarus in refugee-like circumstances. In addition, between 10,000 and 15,000 Roma live in Belarus. It is unknown how many of these individuals are stateless. Belgium There are an estimated 20,000 Roma in Belgium, and 3,000 of these have no permanent status. Many of the Roma residing in Belgium retain the nationality of their country of origin (although due to the shifting political territory in the Balkan region, many states of origin no longer exist, thus many Roma are de facto stateless). Many Roma in Belgium live in caravan sites or in houses and apartments leaving them vulnerable to poverty, poor nutrition, and poor health. Only a few of the Roma in Belgium have the legal documents required to stay in the country or work outside the informal labor market. Lack of documents has also led to mass expulsions and other difficulties. The lack of formal education also leaves the group vulnerable. Bosnia & Herzegovina Citizens of the former Yugoslavia held two citizenships: one federal and one from their respective republic. The Law on Citizenship of the Republic of Bosnia and Herzegovina recognizes citizenship for individuals who acquired it under prior provisions. This provision also conferred citizenship on people who had no intention of becoming Bosnian citizens, or remaining in Bosnia, but who were forced to remain there due to the conflict. The 40,000 to 50,000 Roma in Bosnia and Herzegovina are exposed to abuses of civil, political, economic and social rights. An unknown number of them are stateless. Individuals who lack personal documents cannot vote and are denied crucial services. Schooling, public housing, health care, and social support services are not accessible to many Roma. Furthermore, pre-war properties that once belonged to Roma have not been given back to them, and instead Roma are forced to live in precarious situations like informal settlements with substandard conditions. Roma also experience violence by both state and non-state actors. Police target Roma through ethnic profiling. In 2003 the Law on the Protection of the Rights of the Members of National Minorities was passed by the Parliamentary Assembly. The law officially recognizes Roma as a minority group and has thus changed the legal situation. It bans discrimination and allows the public use of Romanes, the Roma language. Croatia In Croatia, it is estimated that about 7,000 of the between 60,000 to 100,000 Roma are registered. Excessive delays in the processing of citizenship, in particular that of ethnic Serbs, have resulted in the loss of social and educational benefits. Czech Republic Some 250,000 to 300,000 Roma reside in the Czech Republic, an unknown number of who are stateless. A 1992 Czech Republic citizenship law led to statelessness for some residents in the Czech Republic, especially Roma considered Slovaks. Many of those affected by this law previously held Czechoslovakian citizenship and thousands were impacted by this legislation. While Slovakia decided that all former Czechoslovakian citizens could receive Slovak citizenship if they desired, regardless of where they had been living on the day of the split, the Czech Republic deemed that all those with Czech state citizenship from the former Czechoslovakia automatically received Czech national citizenship, but those with Slovak state citizenship, even if they had been living in the Czech Republic, had to apply for Czech national citizenship through naturalization, including a series of stringent requirements. This law greatly affected Roma because approximately 95 percent of the Czech Republic’s Roma population had moved to the Czech Republic from Slovakia after World War II. .Few had changed their citizenship in the intervening years and were thus considered Slovak citizens under the new law. This also affected children, as they too were considered Slovak citizens, even if they were born in Czech Republic territory. Many Roma were unable to meet the citizenship requirements dictated by the law. These included five years with a clean criminal record and proof of permanent residency. In some instances, Roma who met all of the law’s requirements were denied citizenship by local officials. Because many of the Roma who needed to apply for Czech citizenship had lived in the territory for large portions of their lives, if not all of their lives, they did not understand why applying for citizenship was necessary. Furthermore, there were financial barriers to obtaining citizenship. To obtain proof of Slovak citizenship, an applicant had to pay about US$120 for its release and then apply for Czech citizenship, which cost approximately US$180. The law also stated that all children under fifteen years old were included on the applications of their parents and that both parents had to agree that the child apply for citizenship. Hundreds of children reside in the Czech Republic’s orphanages, the majority of whom are Roma of Slovak origin. This law left such children stateless. In 1999, the Czech Republic amended its citizenship law to allow Roma who were permanent residents in the Czech Republic at the time of the country’s division to become citizens. The Republic agreed to permit dual citizenship for some of their nationals. The Committee on the Rights of the Child (2003) expressed concern that the rights of Roma, stateless, and immigrant children to access education and health were vague, which could result in discrimination and violence toward these groups. The Committee also noted concern that the number of children in institutes was growing and that a high number of them were stateless and disabled. Estonia When Estonia gained independence, an estimated third of the people living in its territory were Russian-speaking minorities from other Soviet republics. The status and future of these people within the EU is uncertain, they have no citizenship whatsoever, and are considered “aliens with undetermined citizenship” by the authorities. Thus, it is difficult for these people to get jobs, travel abroad, and most significantly, obtain an Estonian passport. Unfortunately, these people do not qualify for citizenship because of a lack of blood ties to Estonia. To date, tens of thousands have adopted foreign, mainly Russian, citizenships but thousands remain stateless. Many of these people feel betrayed because they voted for a referendum to break away from the Soviet Union. Life is more difficult for these people when they travel outside the country. They are unable to seek political asylum even when they are persecuted because no country can attest to their citizenship or accept them as citizens, thus the prospect for genuine adjudication is bleak. On May 1, 2004, Estonia entered the European Union making its 1.1 million people European citizens overnight. Nonetheless, 162,000 people, or 12 percent of the Baltic country’s population, remain stateless. Germany There are several groups facing statelessness in Germany, including Roma, Turks, and Palestinians. Roma. There are an estimated 100,000 non-citizen Roma in Germany. Discrimination against the Roma in Germany is longstanding, beginning in the 16th to 18th centuries when laws made it acceptable to kill and drive out Roma. This continued into the 20th century. During WWII, the Nazis initiated porajmos, the Roma holocaust, which has remained unrecognized outside of Germany. In the porajmos between 200,000 and 500,000 Roma died. Post-war, the Roma who remained lived in isolated settlements for the homeless and in camps on the outskirts of cities. In the 1970s and 1980s, tens of thousands of Roma from Poland, the former Yugoslavia, and Romania, entered Germany fleeing persecution. Local authorities in the German government exert pressure on the Roma asylum-seekers by refusing to meet basic needs, imposing strict police controls, and making arrests. Some Roma have been relegated to detention quarters lacking sanitation and many have been vulnerable to attacks. In December 1990, the government of Nordrhein-Westfalen withdrew a regulation allowing stateless Roma to settle there and instead resettled them in another region. The same year, Germany was the only one of forty-three participants that voted against Resolution 62, Protection of Roma, of the United Nations Commission on Human Rights. In September 1992, Germany and Roma reached a formal agreement stating that all Romanians (many immigrant Romanians are Roma) ineligible for asylum could be forced back to Romania. Germany may have forced at least 40,000 to 50,000 Roma back. In 1994, a new law came into effect that made it almost impossible for any Roma to acquire a residence permit. Roma in Germany are subject to many forms of discrimination. Children are placed in schools for the mentally handicapped, which harms their education and job prospects. Unemployment for the Roma is disproportionate. Roma report widespread discrimination in access to public goods and services. There is discrimination in access and quality of housing and the Roma population is often segregated. Turks. Turkey revoked the passports of citizens abroad who refused to complete their mandatory military service. About 100 stateless Turks in Germany fell into this category. The German government issued a formal complaint, charging that such action could harm Turkey’s chances for admission to the EU. Palestinians. Of the 150,000 Palestinians believed to be residing in EU member states, the majority (about 80,000) are in Germany. Most of them are stateless and hold Palestinian refugee travel documents. Greece In 1955, some Roma were allowed to acquire citizenship. This code was not retroactive, so many Roma were left stateless. In 1978, General Order 212 noted that many Roma should not be considered stateless but should be regarded as Greek citizens. However, many Roma did not have basic documents to submit, so it fell upon Greek police to verify their identities. Some 160,000 to 200,000 Roma in Greece had to wait until the mid 1970s to become Greek Citizens. Many Roma who still lack documents remain stateless. Hungary Approximately 400,000 to 600,000 Roma live in Hungary. The number of stateless among them is unknown. Italy Roma are marginalized and discriminated against in Italy. They have difficulties legalizing their status. With the breakup of Yugoslavia, about 30,000 Roma arrived from the Balkans, adding to the pre-existing population of 90,000 to 110,000 Roma who have been there for centuries. Access to education is poor and the Roma communities do not have adequate housing, face difficulties at work, and have difficulty accessing health and social services. Roma are detained in inhumane and degrading camps with poor infrastructure. Only 30-35 percent of Roma children attend school. Many Roma cannot afford clothing for school, so their children do not attend. When children do attend school, they are stereotyped by teachers and classmates. Latvia Referred to as "aliens" by the authorities, the country's 340,000 Russian non-citizens, along with over 100,000 Belarussians and Ukrainians, cannot vote in elections, become civil servants, lawyers, army officers, or hold a full Latvian passport. In addition, although all children born in Latvia after 1991 are automatically, upon a declaration from the parents, entitled to citizenship according to the 1998 amendment of the Citizenship Law, there are still a large number of children who are without Latvian nationality. Macedonia Following Macedonia’s independence, Roma were not automatically eligible for citizenship since they were not registered, and were rendered de facto stateless. The state allowed one year for these people to apply for citizenship as long as they met the requirements. However, many Roma could not meet the criteria because of criminal records. Many of these foreign citizens do not have citizenship in any country and are, thus, stateless. In a 2003 survey by the European Roma Rights Center, 153 out of the 2,224 Roma over the age of 18 did not have citizenship certificates; 749 did not possess passports; 148 did not possess ID cards; and 120 did not have birth certificates. Netherlands There are about 12,000 stateless Roma in the Netherlands. Romania It has been estimated that between 430,000 to 2.5 million Roma live in Romania. The lower figure is the government statistic; the high end is the estimate of non-governmental organizations. Roma often are not counted as such in the census because they fear the discrimination that public recognition often brings. Like in other states, Roma are marginalized. They have poor socio-economic conditions and low education levels. They face forced eviction and violence. Only 51.3 percent of children under age 10 regularly attend school, and between 40 and 80 percent of children in orphanages are Roma. Russian Federation Roma and Meskhetian Turks face statelessness. Roma. Russia is home to some 220,000 to 400,000 Roma, some of whom are stateless. After the collapse of the Soviet Union, former President Yeltsin promised that all holders of Soviet passports in Russia could exchange them for Russian passports. However, Roma have been denied Russian passports by authorities who tell them that they are foreigners. With no legal record or registration as a resident, a person cannot obtain employment, child benefits, or educate their children in public schools. Illiteracy rates are high. Stateless persons are forced to find jobs in the informal economy and have little hope for the future. Meshketian Turks. Meshketian Turks were forcibly relocated from southwest Georgia in 1944 by the former Soviet regime. As citizens of the former Soviet Union who were permanently residing in the Russian Federation when the country’s Citizenship Law came into force (February 6, 1992), those who had not declined Russian citizenship, were considered by law to be Russian citizens. There are estimated to be between 50,000-70,000 Meskhetians living in the Russian Federation. Meskhetian Turks who had been transported to Uzbekistan and later forced to flee in 1989 after violent attacks on them, number between 13,000 and 17,000. In Russia’s Krasnodar Territory, where most of them reside, Meskhetian Turks are denied legal rights, including citizenship. Lack of citizenship and permanent registration in the Russian Federation also effectively denies them a whole range of basic rights including freedom of movement, access to pensions, child benefits, and higher education. They cannot officially register house or vehicle purchases, marriages, or deaths. They are frequently stopped and questioned by police on the pretext of checking identity documents, and obstructed in going about their daily business. Some Meskhetian Turks in the Krasnodar area of Russia are currently in the U.S. resettlement pipeline. Serbia-Montenegro Inhabitants of Serbia-Montenegro who were born in other parts of the former Yugoslavia, as well as large numbers of refugees, have not been able to establish their citizenship, leaving them stateless. This is a particular problem for asylum-seeking parents. For example, German authorities issue such children born in Germany a document certifying their birth. Federal Republic of Yugoslavia (FRY) officials in Germany refuse to issue passports to such children. When these asylum seekers who have been refused in Germany return to the FRY with their children, the children travel on the basis of this document. FRY authorities take the paper at the port of entry and issue a receipt for it. Then the children have no documentation in a country where documentation is a basic requirement. In January 1997, a new citizenship law entered into force, which, when fully implemented, is expected to affect adversely the rights of many inhabitants, including those born in other parts of the former Yugoslavia, refugees, and citizens who migrated to other countries to work or seek asylum. The Government also plans to revise the eligibility status of a large number of persons; refugees who have been granted citizenship since 1992 may stand to lose their FRY citizenship if they have acquired the citizenship of a former Yugoslav republic. A new citizenship law was adopted by Serbia in December 2004. Roma are not recognized as an ethnic group and do not receive Constitutional protection guaranteed to such groups. Slovenia Slovenia has granted permanent residence to about 12,000 of the 13,000 essentially stateless former Yugoslavs who have resided in Slovenia for years since the Balkan wars and denied it to 360. Slovene courts have ruled the government must rectify the status of people who had permanent residency at the outset of the wars, but who were erased from the government’s list of people with permanent residency. Ukraine Ukraine determined its initial citizens in its Declaration of State Sovereignty, in part stipulating that individuals who were citizens of the former USSR, and were permanently residing in Ukrainian territory at the moment of the Declaration of Independence (August 24, 1991), were ex lege citizens of the Ukraine. This legal framework led to a situation in which an individual who immigrated to Ukraine for permanent residence as recently as 1991 was automatically granted citizenship, while an individual who was born in and forcibly removed from Ukraine not only lacked citizenship, but was prevented from acquiring it. Such individuals are not eligible to vote, benefit from land distribution, or enter the civil service. A lack of citizenship also poses limitations on residence and travel, and makes the cost of higher education prohibitive. Most of the previously deported Armenians, Bulgarians, Germans, and Greeks were naturalized with the 1991 law. Of the estimated 258,000 Crimean Tatars who returned, about 150,000 acquired Ukrainian citizenship in this manner as well. Those who left their place of exile (primarily Uzbekistan) after the citizenship law entered into force but before citizen legislation in their respective states took effect, became stateless (25,190). Those who returned (and are still returning) after the citizen law and related legislation took effect, are estimated to be about 100,000. However, thanks to the amendment of the citizenship law of Ukraine and bilateral agreements between Ukraine and Uzbekistan, most of the returning Tatars have been granted citizenship upon return in Ukraine. UNHCR has been particularly involved in assisting the Ukranian authorities to amend their citizenship laws to prevent statelessness, assisting local NGOs in Crimea to provide legal advice, and facilitating (re) integration in liaison with the UN Development Program. About 48,000 Roma live in the Ukraine, but the number of stateless individuals among them is unknown. United Kingdom The exact numbers of stateless Roma in the United Kingdom are unavailable. |
Nationality: A Fundamental Human Right No Right to Reside: Conditions that Create Statelessness No Country to Call Home: The Scope of Statelessness Whose Job Is It Anyway? UNHCR’s Second Mandate “Citizen,
Third Class”: Findings from RI’s Statelessness Project Global Review of Statelessness --------------- |
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