Major Court Win for Roma at Risk of Statelessness in North Macedonia
17 July 2025
Brussels, Skopje 17 July 2025: The Skopje Basic Civil Court published a first-instance judgment on 8 July 2025 marking a significant step safeguarding the rights of unregistered persons, particularly Roma, in North Macedonia. The collective lawsuit was brought by lawyers from the European Roma Rights Centre (ERRC) and the Macedonian Young Lawyers Association (MYLA) against the Ministry of Justice’s - Department for Keeping Civil Registers- Skopje, challenging the Ministry’s failure to comply with the Law on Unregistered Persons in the Birth Register, which has resulted in systemic exclusion and discrimination of Roma and other persons registered in the ‘Special Birth Registry’ who have obtained an identification document denying them equal access to their rights in North Macedonia. The judgment orders urgent and proactive institutional reforms to guarantee universal access to civil registration and personal documentation for all citizens, regardless of their ethnic background and status.
“This judgment confirms what we have been saying for years: the problem was never just about documentation, but about the discriminatory systems that keep Roma excluded. Temporary IDs and ‘special statuses’ are not enough—Roma must be recognised as equal citizens with full and unconditional access to their rights. Justice has been delayed for too long, and now institutions must act” said Senada Sali, a Legal Director at the ERRC.
“Although the Law on Civil Registration has been amended in the meantime and persons registered in the Special Civil Registry have received regular registration, this ruling has particular weight. For the first time, the court has unequivocally established that institutional inaction constitutes a form of systemic and prolonged discrimination of a more severe nature – discrimination that has kept this problem alive for years and disproportionately affected Roma.
Such a court decision represents an important precedent that sends a strong message to all competent institutions – that the recognition of legally established rights must not depend on ethnicity, social status or personal circumstances. Institutions are obliged to act in a timely, responsible and fully implement the laws, especially when it comes to children, with their best interests always being the guiding principle.
As an association, we remain committed to permanently resolving the problem of legal invisibility and statelessness and will continue to use all available legal mechanisms until the last case is finally resolved.” said Bojana Bozhinovska Siljanovska, President at Macedonian Young Lawyers Association (MYLA).
Background: Roma denied rights through lack of personal identification documents
Systemic failures in civil registration in North Macedonia have historically disproportionately affected Roma by denying them access to personal documentation and putting them at risk of statelessness. The situation mainly concerns Roma who have difficulties proving their place and time of birth, often lack personal identification cards, reside in informal communities or structures, or are homeless without fixed addresses. Consequently, Romani people without access to proper personal documentation are rendered legally invisible to the state in North Macedonia, facing barriers in accessing employment, healthcare, and social services, housing, and infrastructure.
Research carried out by the ERRC and others shows that Romani statelessness exists in North Macedonia, not solely as a by-product of wars in the region, but because of widespread institutional racism which denies Roma access to registration and therefore fundamental public services.
In 2020, the Law on Unregistered Persons in the Birth Register was enacted to grant basic rights and legal identity to individuals excluded from the civil registry due to administrative barriers. However, persistent gaps in implementation have left many with either an inadequate ‘special birth certificate’ or a special personal identification card, both of which do not have the legal effect of ensuring these persons have full and equal access to education, healthcare, social protection, and employment, thereby perpetuating exclusion, especially among Roma. These problems with the law were flagged by the ERRC in 2020 before it was enacted.
It is the responsibility of the authorities to provide regular identification documentation and birth registration 30 days after the person receives their temporary documents. In practice, authorities have not been fulfilling this obligation. In addition, the temporary documents which they provided do not full serve their function and are often not recognised, meaning unregistered people cannot use them to access the services which they are intended for.
The ERRC and MYLA filed a collective lawsuit on 11 November 2022 against the Ministry of Justice- Department for Keeping Civil Registers- Skopje on behalf of persons registered in the Special Birth Registry who have obtained an identification document. These people are predominantly Roma who are denied access to their basic rights because of their lack of functional and adequate personal documentation. A further complaint was lodged with the Commission for Prevention and Protection Against Discrimination, which in 2023 issued an opinion ordering reforms following the tragic death of 20-year-old Romani man, Memet Kamber, who was unable to access timely medical care due to barriers caused by his lack of proper personal ID.
The Court’s Findings
The Court ruled that the Ministry of Justice engaged in both direct and indirect discrimination, against Romani citizens faced with difficulties in registering their civil status. The Court found repeated and prolonged direct discrimination against all persons in the ‘special birth register’ who had obtained temporary identification documents, stemming from their marginalised status, personal characteristics, and social class. The Court established that indirect discrimination - arising from seemingly neutral policies that disproportionately harm certain groups - was specifically noted against Romani individuals due to their ethnicity.
The Court concluded that the Ministry had been neglectful in its duty to proactively transfer individuals from the special birth register to the regular one. This resulted in affected individuals, despite possessing special identification documents, being barred from accessing fundamental rights, including education, healthcare, social protection, and employment. The Court said these barriers are linked to entrenched social exclusion, disproportionately affecting Roma and other marginalised communities, and highlighting the systemic nature of the discrimination.
The judgment orders the competent authorities to remove administrative and legal barriers to civil registration, to adopt effective measures to guarantee equal treatment in civil registration, to ensure national policies comply with international standards and recommendations on statelessness, and to specifically ensure the inclusion of Roma and other marginalised groups in all efforts to provide universal access to civil registration and personal documentation.
The Court ordered the Ministry to specifically initiate a procedure for additional registration of all affected persons in the Birth Registry in accordance with the Law on Civil Registry for all persons registered in the Special Birth Registry who have obtained an identification document, and to issue decisions for additional registration in the Birth Registry in line with the law, within 30 days from the date the judgment becomes final.
The Commission for Prevention and Protection against Discrimination of North Macedonia (KSZD), the national equality body, participated in the proceedings as amicus curiae (friend of the court). In this capacity, the Commission provided expert legal arguments and submitted international reports that highlighted the persistent exclusion of Roma from civil registration and basic rights.
The Court’s initial judgment was adopted on 2 September 2024 but only made public more than 10 months later on 8 July 2025.
The judgment is subject to appeal before a higher appellate court.
This press release is also available in Macedonian.
For more information, or to arrange an interview contact:
Jonathan Lee
Advocacy & Communications Director
European Roma Rights Centre
jonathan.lee@errc.org
+32 49 288 7679
Senada Sali
Legal Director
European Roma Rights Centre
senada.sali@errc.org
+32 497 67 60 12
Bojana Bozhinovska Siljanovska
President
Macedonian Young Lawyers Association (MYLA)
Bbozinovska@myla.org.mk
+389 71 336 076
