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Act on Croatian Citizenship Foreword 13/11/02 13:16 Page 1 Foreword he disintegration of the former Socialist Federal Republic of Yugoslavia T(SFRY) has challenged emerging States and the international community on a level unparalleled by other events in Europe in recent years. The formation of the five successor States and the promulgation and adoption of internal legislation has taken place at a different rate for each of the States concerned, a sense of completion presenting itself only upon the signing and implementation of the Dayton Peace Agreements. With peace in Bosnia and Herzegovina, and the Dayton Peace Agreement as a foundation, full consideration could finally be given to issues such as that presented in this study, the attribution of citizenship for all persons who had held the citizenship of the former SFRY. Statelessness, although not a new phenomenon, has taken on new dimensions because of such recent developments as the dissolution of States. Its potential as a source of regional tension and of involuntary displacement has come to be more widely recognized. The General Assembly of the United Nations and the Executive Committee of the High Commissioner’s Programme have respectively adopted resolutions and conclusions stressing the importance of the right to a nationality, and of the need for States to adopt measures to avoid statelessness. The ability to exercise an effective nationality and the prevention and reduction of statelessness are a contribution to the promotion of human rights and fundamental freedoms, to the security of peoples, and to stability in international relations. The Office of the High Commissioner for Refugees is pleased to have undertaken this study and its publication in furtherance of these goals. UNHCR has specific responsibilities in respect of statelessness and the realization of an effective nationality. The Office has been requested to promote accessions to the 1954 Convention relating to the Status of Stateless Persons to which all five successor States are parties, and to the 1961 Convention on the Reduction of Statelessness to which Bosnia and Herzegovina is a party. UNHCR has, moreover, been requested to take active steps to ensure statelessness is avoided, in particular through the provision of technical and advisory services pertaining to the preparation and implementation of nationality legislation to concerned States. This study is a result of the Office’s role under the 1961 Convention on the Reduction of State- lessness, the Dayton Peace Agreement, the initiatives on statelessness of UNHCR’s Executive Committee and the General Assembly and, significantly, the requests of both individuals and States impacted by the dissolution of the former Yugoslavia. Since 1991, the Office of the High Commissioner for Refugees has been directly involved in addressing the dramatic humanitarian consequences of the violent disintegration of the former Yugoslavia. In addressing the needs of protection and the assistance of refugees and displaced persons originating from the former Yugoslavia, Foreword 13/11/02 13:16 Page 2 Foreword UNHCR has been confronted with nationality issues linked to the disintegration of the Socialist Federal Republic of Yugoslavia faced by former Yugoslav citizens. With a view to the strengthening of efforts to reduce statelessness and to address the inability of many in establishing an effective nationality in the five successor States, UNHCR undertook, with the cooperation of these States, the analysis of citizenship laws and the accompanying administrative practice. The analysis contained herein is derived largely from national reports commissioned by UNHCR and written by independent national experts, and has been elaborated upon by work undertaken by UNHCR staff in each of the field offices and through various missions from UNHCR headquarters. UNHCR has appreciated the extensive cooperation of all competent authorities of Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Slovenia, and the Federal Republic of Yugoslavia. The Office would also like to thank the Council of Europe, in particular the Directorate of Legal Affairs, for having organized, in cooperation with UNHCR, a series of regional expert meetings in 1996. Each of the successor States participated, as did the OSCE and the Office of the High Representative. In culmination of the discussions and proposals held throughout this process, a document entitled “Principles on Citizenship Legislation concerning the Parties to the Peace Agreements on Bosnia and Herzegovina” was adopted. This set of principles, attached to the study in Annex, constitutes an important framework for the drafting of bilateral or multilateral agreements on citizenship, as well as a useful basis for the implementation and improvement of national laws. Despite the absence of a succession Treaty regulating issues of citizenship following the disintegration of the former Yugoslavia, de jure statelessness has generally been avoided through the adoption of the principle of the continuity of internal (republican) citizenship by all of the successor States in their respective citizenship laws. Nevertheless, situations of de jure statelessness have appeared where proof of the former internal (republican) nationality cannot be made by the individual due, primarily, to the destruction or disappearance of registers in territories affected by the war (notably in Bosnia and Herzegovina and Croatia). Although de jure statelessness has generally been avoided through the application of the continuation of republican citizenship, the exclusive application of this rule by some successor States did not provide a reasonable solution for numerous former SFRY citizens who were living in other internal Republics than that in which they had been registered to hold republican citizenship. UNHCR believes that in the context of State succession, it would be reasonable to give the right of option to gain the citizenship of the successor State with which the individual has genuine and effective links, in particular the link of habitual residence. Foreword 13/11/02 13:16 Page 3 Foreword UNHCR commends, therefore, all successor States for their positive dialogue with the Office on a bilateral basis, as well as through the Council of Europe process, and looks forward to new positive developments on the basis of the principles adopted by the Working Group during the sessions in Strasbourg. The Office takes this opportunity, moreover, to further encourage each of the successor States to ratify the 1961 Convention on the Reduction of Statelessness, as well as the European Convention on Nationality when opened for signature in November 1997. The dialogue, reflected in this study, represents the positive culmination of a mutually cooperative effort, for which the Office of the High Commissioner for Refugees expresses the highest appreciation to all concerned. This publication is presented jointly by the Europe Bureau, the Division of International Protection and the Office of the Special Envoy in Sarajevo. UNHCR Geneva August 1997 Module 13/11/02 13:15 Page 3 CONTENTS PART 1 NATIONALITY AND STATE SUCCESSION Introduction .................................................................................. 1 PART 2 SURVEY OF NATIONALITY LAWS AND PRACTICE Introduction .................................................................................. 7 The former Socialist Federal Republic of Yugoslavia (SFRY) citizenship legal regime: 1. Republic of Slovenia (SVN)................................................... 10 2. Republic of Croatia (RC)........................................................ 14 3. Former Yugoslav Republic of Macedonia (FYROM)............. 22 4. Bosnia and Herzegovina (BH)................................................ 28 5. Federal Republic of Yugoslavia (FRY)................................... 32 PART 3 SOME GENERAL CONCLUSIONS.................................................. 39 ANNEXES 1. Table on main relevant provisions of citizenship laws........... 43 2. Council of Europe and UNHCR Set of Principles................. 47 3. Citizenship Laws..................................................................... 53 Slovenia................................................................................... 53 Croatia..................................................................................... 69 Macedonia............................................................................... 81 Bosnia and Herzegovina ......................................................... 91 Yugoslav.................................................................................. 104 Module 13/11/02 13:15 Page 1 PART 1 NATIONALITY AND STATE SUCCESSION INTRODUCTION In the context of state succession, the possession of an effective citizenship is one of the fundamental elements to take into consideration to enable refugees, displaced persons and, more generally, all citizens of the former federal state to fully (re)integrate and participate in the civil society of the newly emerged states. While recognizing that the attribution of nationality belongs to the sovereign competence of States, particular obligations exist in international law with regard to successor states vis-à-vis persons who have residence on the territory at the time of succession, and who have a genuine and effective link to the emergent state. Such persons should, in UNHCR’s view, have the option of obtaining the citizenship of the country concerned, enabling them to benefit from all rights attached to the possession
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