Efforts to address statelessness among Roma communities across the Western Balkans have revealed a persistent gap between legal and political commitments and lived realities. Montenegro is no exception to this trend. While the State has made formal pledges to tackle the issue, it is community-led organisations that continue to play the most active role in identifying barriers and supporting individuals affected by statelessness. Their work is not only essential in navigating complex systems; it also provides a grounded understanding of where policy fails and what needs to change.
NGO Phiren Amenca, a Roma-led organisation based in Montenegro, has worked in close collaboration with the European Network on Statelessness (ENS) and partners across the region for several years to expose and address the structural drivers of statelessness. Through legal support, outreach, and advocacy – most recently under the Roma Integration Phase III Joint Programme of the European Union and Council of Europe – they have helped individuals resolve documentation issues while also contributing to policy development rooted in community experience.
Legal commitments, practical gaps
Over the past decade, Montenegro has made several political and legal commitments to address statelessness, including through the 2019 Poznan Declaration and a joint pledge with other Western Balkan countries at the 2023 Global Refugee Forum. Domestically, the government also introduced a statelessness determination procedure (SDP) in 2018 and committed to improving access to documentation and citizenship confirmation for Roma communities in its Strategy for the Social Inclusion of Roma and Egyptians (2021–2025).
These commitments and reforms are welcome, but significant implementation gaps continue to be exposed by the lived realities of the communities most affected by statelessness. Legal safeguards and guarantees, such as the right of every child to birth registration and access to citizenship for children who would otherwise be stateless, are not consistently realised. Many Roma families assisted by Phiren Amenca were unable to register their children because they did not possess the required documentation. These difficulties often arise from the fact that countries such as Kosovo and Serbia refuse to register individuals whose parents hold different citizenships. When these individuals then have their own children, they lack the necessary documents to register them in the civil registry, leaving the children unregistered with undetermined citizenship from birth. In these situations, Article 7 of the Montenegrin Citizenship Law - which stipulates that children who would otherwise remain stateless acquire Montenegrin citizenship - is not being applied.
Difficulties also arise when hospitals fail to provide mothers with evidence of birth or don’t forward this birth information to the Ministry of Interior. These challenges are compounded by unequal access to maternity care, which disproportionately affects Roma women and contributes to the risk of statelessness among children.
Similarly, while census data shows a drop in the recorded stateless population, several barriers to reducing statelessness in Montenegro remain unaddressed. Many adults lack regulated legal status due to unresolved issues from childhood. Administrative barriers, discrimination, and lack of awareness continue to hinder their access to documentation even today. The situation is further complicated by limited cooperation with neighbouring countries, particularly Kosovo and Serbia, where many Roma have familial or historical ties, resulting in challenging cross-border cases.
Efforts to eradicate statelessness are also hampered by challenges for stateless migrants in Montenegro. For example, asylum seekers are excluded from the statelessness determination procedure and even if recognised as stateless under the procedure, this does not automatically give rise to a residence permit. Furthermore, naturalisation remains largely inaccessible for most due to the requirement of ten years of lawful residence, as well as the exclusion of naturalisation procedures from free legal aid under Montenegrin law.
Community leadership and the case for structural cooperation
In the absence of sustained State efforts to identify and reach affected individuals, Roma-led organisations such as Phiren Amenca have stepped in to provide critical support. Their work includes critical legal counselling, outreach, and accompaniment through administrative procedures. In cross-border cases, they have collaborated with ENS member organisations across the Western Balkans to help individuals obtain documentation and resolve complex citizenship issues. These efforts have had tangible impact, but they are not a substitute for systemic reform.
While Montenegro formally recognises NGOs as partners in implementing reforms, cooperation remains uneven. Mechanisms such as designated contact persons within ministries exist, but in practice, collaboration is often limited, and NGOs largely operate independently. Their role also remains peripheral to government planning, despite being best placed to identify emerging issues and propose practical solutions. As Montenegro develops its new Strategy for the Improvement of the Quality of Life of Roma and Egyptians (2026–2030), there is a clear opportunity to embed community actors as equal partners – not just as service providers, but as policy co-designers.
As demonstrated by the report prepared by Phiren Amenca, in collaboration with ENS under the Roma Integration Phase III Joint Programme of the European Union and Council of Europe, Roma-led organisations have valuable knowledge and insights, and must be involved in decision-making, with adequate budgetary resources allocated to implementation and monitoring. Among the key recommendations are:
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Simplify birth registration procedures and remove unnecessary documentation requirements.
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Create a citizenship confirmation process for adults born and long-term resident in Montenegro who should already qualify as citizens.
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Automatically grant residence permits to recognised stateless persons, giving them access to work, healthcare, and social protection among other 1954 Convention rights.
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Expand free legal aid to include naturalisation and civil registration, not just asylum or statelessness determination.
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Provide anti-discrimination and statelessness training for civil registry, health, and social-service officials.
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Invest in community outreach, funding Roma-led organisations to continue their fieldwork and awareness campaigns.
These measures are not only necessary to fulfil Montenegro’s obligations under international law but are also aligned with the country’s EU accession goals. Statelessness intersects with Roma inclusion benchmarks under the EU Enlargement Process and the EU Roma Strategic Framework. Addressing these issues is a test of institutional capacity and political will.
Taking the next step together
Montenegro has taken important steps to address statelessness, but gaps in law, policy, and practice continue to leave many Romani individuals without recognition or rights. Community-led organisations have shown what is possible, but they cannot carry the burden alone. The next phase of these efforts must be defined by cooperation, investment, and inclusion – where those most affected are not just consulted, but empowered to lead.
The question is not only how statelessness can be resolved, but who makes belonging possible. In Montenegro, the answer increasingly comes from those who have lived closest to exclusion, and who must now stand at the centre of the solution.
This article has been produced using the funds of the Roma Integration Phase III Joint Programme of the European Union and Council of Europe. The views expressed herein can in no way be taken to reflect the official opinion of the European Union or the Council of Europe.
