[AMCC-News] ECRI: Discriminatory Effect of the 1992 Law on Citizenship of Macedonia

[Mentor Cana]

European Commission against Racism and Intolerance (ECRI)

Full report at:
http://www.ecri.coe.int/en/08/01/37/CBC2%20Macedonia.pdf

Citizenship law

6. In its first report, ECRI noted the indirect discriminatory effect of
the 1992 Law on Citizenship of "the Former Yugoslav Republic of Macedonia"
on some segments of the population, particularly some ethnic Albanians and
Roma/Gypsies. Some ethnic Albanians and Roma/Gypsies who have been
long-term residents of what is today "the Former Yugoslav Republic of
Macedonia" have not obtained citizenship of this country due to the
conditions for citizenship imposed by this law.1 Following a one-year
period of facilitated access to citizenship prior to the entry into force
of the 1992 Law, long-term residents were given the possibility of
acquiring citizenship of "the Former Yugoslav Republic of Macedonia",
within one year of entry into force of the Law, if they met the
requirements of 15 years of cumulative residency and a permanent source of
income. Those individuals who did not acquire citizenship within the one
year period of facilitated access prior to the entry into force of the law
or the one-year deadline after its entry into force, either because they
did not apply in time or because they were not found eligible, have to
apply for citizenship through the ordinary naturalization procedure. In
addition to the above requirements, applicants for naturalization must pay
an administrative fee of US $250, possess living facilities and be
physically and mentally healthy.

7. ECRI reiterates the concern expressed in its first report that these
requirements could render acquisition of citizenship more difficult for
ethnic Albanians and Roma/Gypsies, who suffer from especially high levels
of unemployment ( see Employment) and poverty. ECRI notes with interest the
fact that the Government of "the Former Yugoslav Republic of Macedonia" has
been preparing revisions to the Citizenship Law. This work is closely
linked with preparations for the future ratification of the European
Convention on Nationality. The latest draft reportedly includes a reduction
in the period of permanent residency necessary to gain citizenship, a
change ECRI would welcome and one in line with the European Convention on
Nationality, which "the Former Yugoslav Republic of Macedonia" has signed.
Another proposal, which ECRI strongly supports, would involve a reduction
in the administrative fee. ECRI understands a restrictive definition or
elimination of the requirement of physical or mental health is also under
discussion, and would favor such a proposal since, as noted in ECRI' s
first report, such criterion might potentially lend themselves to arbitrary
and discriminatory application. ECRI is pleased to learn that the
authorities are almost ready to place their work in the public arena for
debate, and hopes that this process of consultation will include members of
the Albanian and Roma/Gypsy communities.