The Protector of Human Rights and Freedoms assessed that there are systemic obstacles in the implementation of regulations on registration of permanent residence and temporary residence that disproportionately affect Roma and Egyptians (RE), and recommended that the Ministry of Internal Affairs (MUP) accept alternative proof of residence and further simplify birth registration procedures, especially for children from the most vulnerable families.
This position of the Ombudsman was expressed in the opinion of that institution after the procedure was carried out upon a complaint from the European Roma Rights Center (ERRC).
However, although both the ERRC in the complaint and the Protector in the opinion point to the need to accept alternative certificates of residence, the document does not specify which documentation could be considered such evidence.
The ERRC stated in its complaint that the Law on Residence and Temporary Residence Registers, especially after the amendments to the Law on Foreigners from 2024, does not provide adequate protection to the most vulnerable groups, as the requirement to prove ownership or legal tenancy of real estate effectively excludes many Roma, Ashkali and Egyptians from the registration system and access to rights.
After considering the allegations in the complaint and the statement of the Ministry of Internal Affairs, the Protector concluded that Montenegro has normatively established a system that formally recognizes the need to protect displaced persons, persons at risk of statelessness, and members of the Roma and Egyptian communities.
"It follows from the statement of the Ministry of Internal Affairs that measures have been taken in the previous period to resolve the legal status of displaced and internally displaced persons, including an affirmative approach to permanent residence, cooperation with international organizations and simplification of certain procedures," the opinion states.
However, the Protector finds that the allegations in the complaint are well-founded in the part that relates to the practical effects of the existing regulations.
“The requirement to prove secured accommodation, which in practice boils down to proving ownership or legal lease of real estate, represents an objective obstacle for persons living in informal settlements, without resolved property-legal relations. Although this requirement is normatively neutral, the Protector assesses that it does not sufficiently take into account the real life circumstances of the most vulnerable groups, which leads to their de facto exclusion from the registration system.”
The opinion states that such obstacles may lead to violations of the right to equality before the law and the right to legal certainty, and indirectly to limiting access to health and social protection, education and employment.
The Protector reminds that the principle of equal treatment is not limited to the formal prohibition of discrimination, but also implies the obligation of the state to remove obstacles that place certain groups in an unequal position.
In the part related to birth registration, the Protector welcomes the measures listed by the Ministry, including the possibility of subsequent registration and court protection in non-contentious proceedings, but points to problems in practice.
"Long and complex procedures in practice can lead to situations in which children are effectively left without access to fundamental rights during a sensitive period of their development," the opinion states.
Referring to the practice of the European Court of Human Rights, the Protector emphasizes that Roma are a "particularly vulnerable minority" that requires special attention and protection from the state, and that administrative obstacles must not lead to the legal invisibility of individuals, especially children.
The Protector assessed that it is necessary to further improve the legislative and administrative framework in order to remove systemic obstacles that lead to de facto discrimination and social exclusion of members of the Roma, Ashkali and Egyptian communities.
The department he manages Danilo Šaranović It was recommended to initiate amendments to the legislative and sub-legal framework so that, in addition to proof of ownership or lease, alternative evidence of actual residence would be accepted, especially for persons living in informal settlements.
It was also recommended that it continue to provide a proactive, rapid and practical birth registration system, especially for children born to families without regular residence or without identification documents for their parents.
The Ministry is obliged to submit a report on the measures it plans to take to implement the recommendations within 30 days.
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