Stateless people face the risk of rights violations every day because most European States lack a proper process to determine statelessness and provide a route out of limbo.
In our new blog series, our members describe the work they are doing in countries across Europe to push for change, progress made and what still needs to be done.
Making statelessness visible: why North Macedonia needs a Statelessness Determination Procedure
A Statelessness Determination Procedure (SDP) is a key mechanism for everyone who arrives in a country without a (confirmed) nationality. An SDP provides a route to formal recognition of statelessness (or confirmation of a nationality) and facilitates access to fundamental rights and protection, including access to a nationality for children of stateless parents born on the territory.
Statelessness in North Macedonia
In North Macedonia, we have consistently pointed out that there are two main causes of statelessness.
The first is barriers to birth registration. This most often occurs when a mother herself is not registered in the birth registry, which makes it difficult for her to register her own children. As a result, a generational problem of unregistered children is created, leaving them without legal identity and proof of citizenship. This situation is further exacerbated by complex administrative and legal procedures for birth registration, which are often inaccessible and lengthy, particularly for vulnerable and minoritised communities.
The second cause, which is now considered as resolved and all known cases of stateless people obtained citizenship up to 2025, was linked to the dissolution of the former Yugoslavia. After 8 September 1991, some individuals living in North Macedonia did not register for Macedonian citizenship nor for the citizenship of any of the successor States of Yugoslavia. Consequently, they were left stateless.
Over time, statelessness issues have also emerged among refugees, migrants, and returnees, including among refugees from the 1999 Kosovo crisis. Some of this group have been residing in the country for more than 24 years but have been unable to acquire citizenship or to resolve their status in other procedures because they are not registered in their country of origin. This means they can’t obtain the documents required in legal procedures in North Macedonia. Initially, nearly 360,000 refugees arrived in 1999, but today only around 150 remain in the country. In 2023, MYLA proposed amendments to the Law on Foreigners to provide the remaining refugees from the 1999 Kosovar war with access to permanent residence and this proposal was adopted by the Parliament. But by the end of 2025, only 70 people had obtained permanent residence, while the rest were either denied or their applications remained unresolved.
The challenges become particularly acute when people who are unregistered need to register a child or want to obtain citizenship, as they then often fall victim to the administrative and legal barriers mentioned above. A key barrier is that the safeguard in Macedonian law to grant citizenship to children born stateless on the territory depends on the status of the parents, so a child is only considered Macedonian if the parents can prove they are stateless. Without an SDP, it is very difficult to implement this provision in practice. It also expires when a young person turns 18, potentially leaving them stateless if they cannot acquire another nationality.
Progress made and remaining gaps
North Macedonia has taken a major step forward and implemented numerous measures to resolve statelessness, including legislative amendments that enabled the registration of more than 500 people in the birth registry. Last year it was formally announced that all known cases of statelessness in North Macedonia resulting from the dissolution of Yugoslavia had been resolved.
However, one very important step is still needed to build on this progress and work towards ending statelessness for good. Currently, North Macedonia has no dedicated mechanism through which to identify and determine statelessness and grant stateless people on the territory the rights they are due under international law. Stateless migrants may obtain a temporary residence permit on humanitarian grounds at the discretion of the Government on a case-by-case basis, and statelessness may be identified and recorded during international protection procedures, but this is discretionary and there is no dedicated statelessness status. So, the next step for North Macedonia in its efforts to address statelessness must be to introduce an SDP in national law and implement it in line with good practice.
This is particularly crucial in cases related to the 1999 Kosovo crisis. MYLA has already identified 27 former Kosovar refugees who may be stateless, among them women who could pass on their statelessness to their children, perpetuating the cycle across generations.
In recent years, the focus has been on in situ statelessness, people who were born in North Macedonia and do not have links to other countries. But we have realized that in some cases, the distinction between in situ and migratory statelessness can be blurred.
For some former refugees from Kosovo, a nuanced approach is required. For those who cannot get the documents to evidence any link to Kosovo or Serbia or any other country, they must be able to access a procedure to determine their statelessness so they can regularise their residence and citizenship status. Importantly, their recognition as stateless, would facilitate access to Macedonian citizenship for their children born in North Macedonia, and for them in the longer-term should they wish to acquire it through naturalisation.
Progress so far towards introducing an SDP
MYLA has been working with key stakeholders like UNHCR to raise awareness among state institutions about the importance of introducing an SDP. Some steps have already been taken to familiarise the authorities with its purpose and content, including expert meetings and study visits to countries with SDPs. However, there is still no firm political will to fully resolve this issue.
A significant challenge also concerns the designation of the competent department within the Ministry of Interior that would be responsible for conducting the procedure. Recently, in a collaborative effort by UNHCR and MYLA draft legislative amendments were submitted for discussion. They include a fully prepared text with a clear procedure, how it should be implemented, and specifying the rights that recognised stateless persons would enjoy. Despite this progress, the proposal has yet to be formally incorporated into law. A key issue is that the Ministry of Interior has the main role in initiating legislative changes, but there seems to be a lack of agreement about the competent authority and some other key aspects. Nevertheless, we remain committed to advocating for its adoption and effective implementation.
An SDP would not only benefit stateless people, but also North Macedonia
We firmly believe that establishing this procedure is not only a human rights obligation but also in the interest of the State itself. A functional SDP would allow the authorities to maintain accurate records of stateless persons and their status. At present, the State is aware that some stateless people reside in the country, yet their situation remains unresolved and their stay is merely tolerated. Without a structured solution, there is a real risk that the problem may evolve into a generational issue, with deep and long-lasting impact on children born in North Macedonia. There are no reliable statistics on the number of stateless people in the country.
The benefits for both the State and impacted individuals and communities are undeniable. What is needed now is the political determination to implement the procedure efficiently to achieve meaningful and lasting change.
Image of Skopje, North Macedonia: Mark de Jong, Unsplash
Interested in learning more about SDPs in Europe?
Read our briefing on statelessness determination and protection.
Watch our webinar exploring what needs to happen next to improve the identification and protection of stateless people in Europe.
Visit our StatelessnessINDEX for analysis of law, policy and practice in 35 countries.
Watch this space for more blogs from our members over the coming weeks.
