‘Vicious Cycle of Exclusion’: Montenegro’s Ombudsman Orders Reform of Civil Registration Rules After ERRC Complaint
03 February 2026
Brussels, Podgorica, 3 February 2026: The European Roma Rights Centre (ERRC) welcomes the Ombudsman’s finding that residency and birth registration requirements for Roma, Ashkali, & Egyptian communities in Montenegro are discriminatory, and must be reformed with immediate effect. Following an ERRC complaint regarding systemic barriers to civil and birth registration, the Protector of Human Rights and Freedoms of Montenegro (Ombudsman) found that the gap between ‘normative neutrality’ and ‘factual reality’ amounted to indirect discrimination.
ERRC President Đorđe Jovanović said: “The obstacles to civil and birth registration have effectively trapped members of the Roma, Ashkali, & Egyptian communities in this intolerable state of legal uncertainty since they were forcefully displaced after the Kosovo war in 1999. The Ombudsman’s binding recommendations call for immediate action to remedy the discriminatory outcomes of these seemingly neutral procedures – outcomes which make every-day living even more precarious. We look forward to a prompt and effective response from the authorities that will remove those barriers to registration that keep Roma, Ashkali, & Egyptian families in a vicious cycle of exclusion, one that really causes tremendous difficulties in their lives and denies them the right to have rights.”
The requirement to prove secured accommodation produced a ‘disproportionately unfavorable effect’ on Roma, Ashkali, & Egyptian communities due to historical marginalisation and life in informal settlements. Further, the protracted and complex legal mechanisms for birth registration are practically inaccessible to those parents who are illiterate, lack information, or face linguistic barriers.
The ERRC complaint described how the legislation creates a ‘vicious cycle’ whereby registration of residence is impossible for those living in informal settlements without legal title; those without a registered residence cannot access essential services; and the lack of parental documentation obstructs the registration of children, perpetuating statelessness across generations.
In response to the ERRC complaint, communicated on 8 April 2025, regarding systemic barriers to civil registration, the Ombudsman’s investigation concluded that current administrative requirements regarding residency and birth registration constitute indirect discrimination, and a failure to meet international human rights standards.
The Ombudsman’s binding recommendations to the Ministry of Internal Affairs, include legislative amendments to accept alternative proofs of residence from those in informal settlements; and the setting up of a prompt and effective system for registering children born to undocumented parents, decoupling the child’s right to identity from the parents' legal status. The Ombudsman called for these measures to be implemented immediately, and the Ministry of Internal Affairs must report back within 30 days.
This press release is also available in Serbian.
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
