Bosnia & Herzegovina

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Bosnia and Herzegovina’s (BiH) record overall on accession to relevant international treaties is good, although it has not acceded to the Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession. Limited data on statelessness is collected, as the last census was conducted in 2013, and only includes the category ‘people of unknown citizenship’. The only other available data is the number of cases of stateless individuals identified by legal advice providers, and government data on people recorded as stateless in asylum or migration procedures. There is no dedicated statelessness determination procedure leading to a specific statelessness status in BiH, but stateless people may be identified during the procedure for temporary residence on humanitarian grounds and asylum procedures. There are some protections in law from arbitrary detention, including the obligation to release the person when there is no reasonable prospect of removal, and there are relatively strong procedural safeguards, although stateless people do not have access to free legal aid unless they are asylum seekers. Detainees who are not undergoing any regularisation procedures are often released without identification documents and status and they are at risk of re-detention.

In terms of the prevention and reduction of statelessness, there are some safeguards in BiH, but also some remaining gaps. Stateless people can apply for naturalisation after five years of continuous residence, which is reduced from eight years for other foreigners. There are safeguards to prevent statelessness among foundlings, adopted children, and children born to Bosnian citizens abroad. There are only partial safeguards to prevent children from being born stateless on the territory. While, in law, all children are registered immediately upon birth, children whose parents are undocumented or have irregular residence status are often prevented from registering in the birth registry within the regular period. There are also issues for children born abroad to Bosnian asylum seekers and those who are presumed Bosnian citizens born in Kosovo. Romani communities are disproportionately affected by barriers to birth registration and the risk of statelessness. While BiH has made positive commitments to reduce statelessness and protect stateless people, gaps in law and practice remain. Deprivation of citizenship may result in statelessness if it was acquired by fraud, but no case of deprivation resulting in statelessness has been reported.

Dernière mise à jour:

fév 2025

Expert(s) pays:

Vaša prava BiH

Informations supplémentaires

Critère d'évaluation

++Positif

+ Plutôt positif

+-Positif et Négatif

- Plutôt négatif

--Négatif

Informations supplémentaires

Normes et bonnes pratiques

Instruments internationaux et régionaux

Assesses whether countries are state party to the relevant international and regional instruments, including whether reservations have an impact on statelessness, and whether instruments are incorporated into domestic law. The four core statelessness treaties (1954 Convention relating to the Status of Stateless Persons; 1961 Convention on the Reduction of Statelessness; European Convention on Nationality; Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession) carry more weight than other relevant human rights instruments in the assessment.

Bosnia and Herzegovina is State party to three of the core statelessness conventions: 1954 Convention, 1961 Convention, and the European Convention on Nationality. It entered no reservations to these treaties. They do not have direct effect, but the 1961 Convention forms an integral part of the Constitution as it is listed in its Annex. BiH is State party to almost all other relevant international and regional instruments except for the Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession to which it is not a State party.

Convention de 1954

BiH is State party to the 1954 Convention with no reservations. The Convention does not have direct effect, but its provisions have been incorporated into domestic law.

Convention de 1961

BiH is State party to the 1961 Convention with no reservations. The Convention does not have direct effect but is an integral part of the Constitution.

Autres instruments internationaux et régionaux

BiH is State party to almost all relevant international and regional instruments with no reservations, except for the Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession to which it is not a State party.

Données sur l'apatridie

Examines the availability and sources of disaggregated population data on statelessness. Provides recent figures and assesses reliability of measures countries have in place to count stateless persons, including in the census, population registries and migration databases. Notes whether statelessness has been mapped in the country and whether there are effective measures in place to count stateless people in detention.

There is limited data on statelessness in Bosnia and Herzegovina. The census includes a category of people of unknown citizenship and people who self-identified as stateless, and some census data is disaggregated. However, the data is outdated as the census was last conducted in 2013 and the stateless population is under-reported in general. Other data available includes the number of identified cases being assisted by legal advice providers, and government data on stateless asylum seekers, those refused entry at the border, stateless people returned under readmission agreements, those who crossed the border illegally, and those who have acquired BiH citizenship. There is no data on stateless people in detention. UNHCR and its partners collect data on stateless people and people with undetermined or unknown nationality whose cases they are working on.

Disponibilité et sources

The census, which was last conducted in 2013, contains a category ‘persons of unknown citizenship’ that is disaggregated by sex and residence. 254 people of unknown citizenship were identified in the census (134 women, 120 men), while 5,350 people declared themselves stateless in the census, which may overlap with the category ‘persons of unknown citizenship’. This data is not disaggregated.
The Ministry of Security collects data on stateless people who cross the border illegally and people who have been returned to or from BiH under readmission agreements. Data is also collected on the number of stateless people who have acquired BiH citizenship.
Data is collected on stateless asylum seekers (one person in 2013-2022) and stateless people refused entry at the border (13 people in 2021 and 2022). The Service for Foreigners’ Affairs also collects data on the number of people who have been granted residence for humanitarian reasons as stateless persons, however, it is not publicly available.
In 2013, UNHCR estimated that 4,500 people were at risk of statelessness in BiH, based on research by the Ministry for Human Rights and Refugees. As of April 2024, UNHCR estimates that there are 20 stateless people and people with undetermined or unknown citizenship in the country, based on the number of identified cases that Vaša prava BiH is currently working on.
The majority of people at risk of statelessness are members of the Romani national minority. However, the Action Plan for the Social Inclusion of Roma and Romani Women for the period 2021-2025 does not include any data.
As the Government does not collect data on the stateless population in the country, and no recent mapping of the potentially affected population has been carried out to verify actual numbers of stateless/at risk individuals, current available data on the stateless population is not comprehensive and the issue is very likely under-reported.

Données sur les apatrides en rétention administrative

BiH collects data on foreigners placed in immigration detention disaggregated by nationality, but this does not include stateless people and people of unknown citizenship. Data is collected on people released from immigration detention, but it does not include the reasons for release, nor does it identify if an individual is stateless.

Détermination et statut d'apatridie

Identifies whether countries have a definition of a stateless person in national law that aligns with the 1954 Convention, and whether they have a dedicated statelessness determination procedure (SDP) leading to a dedicated stateless status. If an SDP is not in place, it assesses whether there are other procedures in which statelessness can be identified or other routes through which stateless people could regularise their stay or access their rights. Countries are subdivided in three groups to enable comparison between those with an SDP leading to protection, those with other procedures, and those with a stateless status but no clear mechanism to access protection. The existing procedures and rights granted to stateless people are examined and assessed against international norms and good practice.

There is no dedicated SDP leading to a specific statelessness status in Bosnia and Herzegovina, but stateless people may be identified during the procedure for temporary residence on humanitarian grounds and asylum procedures. There is a definition of a stateless person in domestic law, but this is narrower than the 1954 Convention definition. The procedures may not be initiated ex officio, there is minimal cooperation between relevant services and departments, and there are no referral mechanisms to ensure stateless people access an appropriate procedure. The burden of proof primarily lies on the applicant and there is no clear guidance for officials on how to identify statelessness. Free legal aid is provided for asylum seekers, but it is limited for stateless applicants for temporary residence on humanitarian grounds. Positively, there is no lawful stay requirement, authorities must consider a claim of statelessness if it is made, and applicants have the right to an interview. Stateless people who have been granted temporary residence on humanitarian grounds have the right to stay on the territory for up to one year, which may be extended, and they may apply for naturalisation after five years. Stateless people holding temporary residence on humanitarian grounds or refugee status are issued an identification document and may apply for a travel document. Other rights include the right to work, education, and healthcare.

Définition d'un apatride

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There is a definition of a stateless person in national law, but this is narrower than the 1954 Convention definition, in that it translates as a person who ‘is a foreigner whom no State considers as its national under its domestic law’, rather than 'under the operation of its law'.

Formation

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Whilst statelessness training is not routinely provided in standard curriculums, ad hoc trainings have been provided for relevant stakeholders. For example, UNHCR and Vaša prava BiH organised training on the implementation of regulations on civil registers and nationality between 2014 and 2022 for public authorities, including registry offices, social welfare centres, free legal aid providers, and police officers. The Agency for Civil Service also conducts training sessions on these topics.
Following the adoption of the amendments to the Law on Non-Contentious Procedure for birth registration, UNHCR, Vaša prava BiH, and the Centre for Education of Judges and Prosecutors of the Federation of Bosnia and Herzegovina, with the support of Denmark, organised seminars for judges of municipal courts. In 2023, the OSCE and IOM also organised a roundtable on this issue.

Existence d'une procédure dédiée de détermination du statut d’apatride (PDS)

There is no dedicated statelessness determination procedure leading to a specific statelessness status, but there are other procedures in which statelessness can be identified and through which stateless individuals can regularise their stay and access rights. However, only one person has been granted residence as a stateless person on humanitarian grounds (as of November 2024).
Stateless people may be identified during the procedure for temporary residence on humanitarian grounds and during asylum procedures.
The competent authority for these procedures is the Ministry of Security of BiH.

Accès à la procédure

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Authorities must consider a claim of statelessness within the procedure for temporary residence on humanitarian grounds and the asylum procedure.
Applicants for temporary residence on humanitarian grounds must submit a form in which they must indicate the basis on which they request a residence permit. There are no specific instructions for submitting an application on grounds of statelessness. There is no lawful stay requirement. The competent authority, the Service for Foreigners’ Affairs, may not initiate the procedure ex officio (i.e. on its own initiative), but if an application is addressed to a territorially incompetent unit, that unit must forward the application ex officio to the competent unit. It is reported that employees in the field centres of the competent authority are not familiar with the possibility of granting a temporary residence on humanitarian grounds to stateless people.
Asylum seekers must be informed about the procedures and their rights and obligations arising from their status in a language they understand. UNHCR’s website provides instructions on the application and multilingual material is available in temporary reception centres, airports, etc.
There is no institutionalised cooperation between the relevant services and departments within the Ministry of Security, and there is minimal cooperation in practice. A person whose asylum application has been rejected and who could be stateless will not be routinely referred to the procedure to apply for temporary residence on humanitarian grounds. There is some cooperation in the asylum procedure, for example the border police who receives an intention to apply for asylum will inform the locally competent unit of the Service for Foreigners’ Affairs.

Évaluation

For both the procedure to be granted temporary residence on humanitarian grounds and the asylum procedure, the burden of proof primarily lies with the applicant, while the competent authority conducts checks in the records and in the field, including in cooperation with other law enforcement agencies. There is no lawful stay requirement, but applicants to the procedure for temporary residence on humanitarian grounds must submit evidence justifying that they reside in the country. The competent authority conducts verifications with countries where the applicant has connections through birth, parental origin, or previous residence and primarily relies on official responses from these countries but will consider other evidence if the country states that the applicant is not their national. The competent authority may also request additional information and evidence regarding the facts indicated in the application and conduct additional checks. During the asylum procedure, the authority must take into account laws and their application in the applicant’s country of origin. The authority also assesses the nationality status of the applicant but will not contact or share any information on the applicant with national authorities connected to the asylum claim.
The standard of proof to establish statelessness is not established in law but is determined on a case-by-case basis.
There is no clear guidance for officials on how to identify statelessness, but authorities will consider available country of origin information.

Garanties procédurales

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Free legal aid is provided for asylum applicants, but this is limited in the procedure for temporary residence on humanitarian grounds. Stateless applicants for that procedure may seek free legal assistance from NGOs or from government providers of free legal aid, although laws on free legal aid in different regions include different provisions concerning eligibility of stateless people.
Free interpretation is provided in the asylum procedure but not in the procedure for temporary residence on humanitarian grounds.
Under both procedures, applicants have the right to an interview, and they have the right to appeal. The competent authority must issue a decision in writing with reasons within 30 days of the application (60 days where a special examination procedure is required or 90 days where the application was submitted through the BiH diplomatic-consular mission abroad).
Asylum seekers have the right to communicate with UNHCR.

Procedures in which statelessness can be identified and other routes to regularisation

Under the Law on Foreigners, stateless people may be identified during the procedure for temporary residence on humanitarian grounds, which may be granted if they do not meet the conditions for being granted temporary residence under the general conditions. The granting of this temporary residence permit is at the discretion of the Government. The competent authority within the Ministry of Security is the Service for Foreigners’ Affairs. Only one person has been granted temporary residence on humanitarian grounds as a stateless person as of November 2024.
Stateless people may also be identified and granted asylum under the Law on Asylum. The competent authority within the Ministry of Security is the Sector for Asylum, in the Department for asylum procedure.
Statelessness determination is not an explicit objective of any of the available procedures.

Protection

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Stateless people who have been granted temporary residence on humanitarian grounds have the right to stay on the territory for up to one year, which may be extended by one year every year. After five years of temporary residence, they may apply for naturalisation. They are automatically granted a certificate of identity, which does not record the nationality status but indicates the country of birth and may be granted a travel document upon application. Stateless people have the right to work under the same conditions applicable to foreigners, the right to education under the same conditions as BiH citizens, and the right to healthcare. Access to social protection varies depending on the geographical entity. While the law does not explicitly provide for the right to family reunification for stateless people granted temporary residence on humanitarian grounds, it may be implied from the law as they have been granted residence for at least one year and may apply for citizenship, according to the requirements of the relevant provision, although no case has been reported. They do not have the right to housing.
Asylum seekers have the right to stay in BiH, accommodation in asylum seekers’ centres, primary healthcare only, primary and secondary education, and work.
Stateless people granted refugee status or subsidiary protection have the right to an identification document, accommodation, work, education, healthcare, and social assistance. Refugees have the right to a travel document and to family reunification, while beneficiaries of subsidiary protection have the right to maintain family unity (i.e. family members must already be on BiH territory).
Stateless people do not have the right to vote nor participate in elections. They may benefit from consular protection abroad.

Protection temporaire pour les personnes fuyant la guerre

Foreigners and stateless people who come directly from a territory where their life or freedom was threatened, may enter and stay in BiH, as long as they promptly report to the competent authorities and present valid reasons for their unlawful entry or stay in the country.
BiH adopted a decision providing for simplified entry conditions into the territory and temporary residence on humanitarian grounds for people fleeing the war in Ukraine, but this only applies to Ukrainian nationals. Under the Law on Asylum, the Council of Ministers can adopt a decision on temporary protection for third-country nationals and stateless people in case of mass influx of persons in need of protection, but such a decision has not been adopted in the context of the Ukraine war.
Stateless people, people with undetermined nationality, and undocumented people from Ukraine may be eligible for asylum in BiH under the Law of Asylum or temporary residence permit on humanitarian grounds under the Law on Foreigners.

Rétention administrative

Analyses law, policy and practice relating to immigration detention generally, but focusing on protections in place to prevent the arbitrary detention of stateless people during removal and deportation procedures. Subthemes examine areas such as the identification of statelessness and assessment of whether there is a reasonable prospect of removal, procedural safeguards such as time limits, judicial oversight, and effective remedies, as well as the rights granted to stateless people upon release from detention and protection against re-detention.

The rules regarding immigration detention in Bosnia and Herzegovina are established in domestic law. While the law provides for alternatives to detention, practice shows that immigration detention for deportation purposes is used before considering all alternatives. People subject to a deportation order and asylum seekers may be detained, including where their identity has not been established, which may put stateless people at a higher risk of detention, and a country of removal does not need to be identified before a person is detained for removal. An individual must be released when there is no reasonable prospect of removal. There are relatively strong procedural safeguards in law for people held in immigration detention, such as a time limit, automatic release when the time limit expires, regular periodic reviews of the necessity for continued detention, and the right to appeal, but stateless people do not have access to free legal aid unless they are also asylum seekers. Statelessness is not juridically relevant in decisions to detain, there is no referral mechanism from detention to residence permit or asylum procedures, and no vulnerability assessments are carried out prior to detention. Detainees who are not awaiting the outcome of any regularisation procedure may be released without identification documents and status (which is common practice), and are at risk of re-detention. BiH has entered into readmission agreements that explicitly oblige States to accept stateless people who were residing there.

Détention d'immigrants

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Powers for immigration detention are provided for in the Law on Foreigners and the Law on Asylum.
While the law provides for alternatives to detention, practice shows that immigration detention for deportation purposes is used before considering all alternatives. People subject to a deportation order and asylum seekers may be detained, including where their identity has not been established.
A country of removal does not need to be identified before a person is detained for removal but only when removal is enforced.
There is a clear obligation on authorities to release a person when there is no reasonable prospect of removal, which is implemented in practice.

Identification de l'apatridie

Statelessness is not juridically relevant in decisions to detain. On the contrary, stateless people may be placed in detention given the challenges they often face proving their identity. There is no requirement to refer a person to the procedure for temporary residence on humanitarian grounds where the person is identified stateless or there are indications of statelessness.
The Law on Foreigners does not provide for a definition of vulnerability, while the Law on Asylum does provide a definition of vulnerability but does not include statelessness as a factor increasing vulnerability.
Under the Law on Asylum, individual vulnerability assessments are carried out after placement in detention to prioritise the processing of asylum claims.
Stateless people may be detained, but it is unclear whether stateless people are detained in practice given the lack of data.

Garanties procédurales

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Detention may be ordered for a maximum of 90 days each time a decision is made to detain up to a maximum of 180 days, or to a total of 18 continuous months in case of lack of cooperation or delays in obtaining the required documents from the country of removal. An individual will be automatically released at the end of the applicable maximum period, although cases have been reported of people detained on the ground of national security for longer than 180 days regardless of their cooperation or delays in obtaining documents. Detention decisions are issued in writing and can be appealed within three days. There are regular periodic reviews of the necessity for continued detention. If the detention decision is not cancelled by the 18-month time limit, an appeal may be submitted before the court within three days after the expiry of the time limit. The court must hear the applicant, treat the case urgently, and issue a decision within three days, but the appeal has no suspensive effect.
Detention of asylum seekers is limited to 180 days. A detention decision for asylum seekers is issued in writing with reasons. The decision may be appealed before the court within eight days. The court must treat the case urgently and issue a decision within eight days, but the appeal has no suspensive effect.
Stateless detainees who are not also asylum seekers do not have access to free legal aid. Detainees who have not applied under any immigration or asylum procedure, are not routinely informed of their rights, and only receive information if they contact legal aid or other assistance services.
Prior to removal, the authorities must obtain travel documents for the individual concerned and inform and obtain consent from the country to which they will be returned.

Protection à la libération

People granted temporary residence on humanitarian grounds are issued a certificate of identity and people whose request for asylum has been rejected and who cannot be removed for reasons prescribed by the law are issued a certificate of stay for one year, which can be renewed and which allows them to stay until the conditions for removal are met, and benefit from the right to accommodation, food, and healthcare. However, the certificate of stay is only issued upon recommendation from the Ministry of Security and does not protect against re-detention. Individuals who are not awaiting a decision on any residence permit or asylum procedure may be released without any identity document or residence status, which is common in practice and their presence is tolerated without any residence permit. Practice has shown that people determined to be stateless during removal proceedings are not routinely referred to the procedure for temporary residence on humanitarian grounds.
There is a risk of re-detention for people who are not granted a residence permit.

Accords de retour et de réadmission

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BiH has signed a readmission agreement with the European Union and bilateral agreements with individual countries, which explicitly oblige each State to accept stateless people. Children’s enjoyment of fundamental rights in the country of return, including documentation and safety, are taken into consideration.
BiH has accepted individuals for readmission to the country who are presumed to be Bosnian citizens but do not possess any proof of their citizenship. It is also likely that stateless people have been readmitted to other countries under readmission agreements but there is no data on the exact number of affected individuals.

Prévention et réduction

Assesses the adequacy of safeguards in nationality laws to prevent and reduce statelessness, including facilitated routes to naturalisation for stateless people, and protections for otherwise stateless children born on the territory or to nationals abroad, foundlings and adopted children. Examines law, policy, and practice on birth registration, including access to late birth registration, and reduction measures taken by States to prevent and reduce in situ statelessness. Analyses provisions on deprivation of nationality and whether there are safeguards related to renunciation and deprivation of nationality to prevent statelessness from occurring.

Bosnia and Herzegovina’s performance on the prevention and reduction of statelessness is mixed. Positively, stateless people can apply for naturalisation after five years of continuous residence, which is reduced from the standard eight years, and they are exempted from some requirements. Safeguards exist in Bosnian citizenship law to prevent statelessness in the case of foundlings, adopted children, and children born abroad to Bosnian citizens. However, there are only partial safeguards to prevent children from being born stateless on the territory. A child who would otherwise be stateless born on the territory is granted citizenship upon application, but this is subject to a fee and, in the Federation of Bosnia and Herzegovina, documentary evidence, including proof that the child is not eligible to acquire the nationality of a parent’s country of origin. While, in law, all children are registered immediately upon birth, children whose parents are unregistered, or who have not yet registered an asylum claim or have irregular residence status, are often prevented from registering in the birth registry within the regular period due to being unable to meet documentary requirements, especially in the Federation of Bosnia and Herzegovina. There are also issues for children born abroad to Bosnian asylum seekers, who must often undergo a longer and more expensive procedure in court to determine the date and place of birth, and for children who are presumed Bosnian citizens born in Kosovo. Romani communities are disproportionately affected by barriers to birth registration and a consequent risk of statelessness. While BiH has made welcome progress and positive commitments to reducing statelessness and protecting stateless people, important gaps in law, policy, and practice remain.

Naturalisation

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Stateless people can apply for naturalisation after five years of continuous residence, which is reduced from the standard eight years in line with provisions for refugees.
Stateless people are exempt from language requirements, the requirement to renounce or have lost any previous nationality, minimum income requirements, and the requirement to settle financial obligations.
Stateless people are not exempt from the general requirement not to have pending expulsion or removal obligations, and not to have been convicted of a crime or be subject to criminal proceedings, as well as not to pose a threat to national security.
Stateless people are also not exempt from paying the administrative fee, which varies depending on the regional authority handling the application, between 100 KM (approx. 51 EUR) and 450 KM (approx. 230 EUR).

Apatride né sur le territoire

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A child born on the territory of BiH who would otherwise be stateless may acquire citizenship and there is no requirement for the child or their parents to fulfil a specific period of residence.
Conferral of citizenship is non-automatic. In the Federation of Bosnia and Herzegovina, the application must include the birth registration certificate, proof from the authority of the parents’ country (or countries) of origin that the child is not eligible to acquire one of their nationalities (this requirement is not applicable for refugees), and a declaration from the parents that the child is not a citizen of any other country. In Republika Srpska and in the Brčko District, there is no specific written procedure for acquisition of citizenship by a child born on the territory who would otherwise be stateless, and the procedure is conducted in accordance with the laws on citizenship and the law on administrative procedure.
Parents are not provided with information about their child’s nationality rights and relevant procedures. In the Federation of Bosnia and Herzegovina, free legal assistance is provided for vulnerable individuals to register births.
There is no age limit for making an application for citizenship for a stateless child born on the territory, nor administrative fees.
Children of naturalised citizens, including children of stateless people and refugees, may acquire BiH citizenship if they hold refugee status or temporary residence, regardless of the duration of their stay. These children are exempt from some requirements, including language knowledge, renunciation or loss of previous nationality, sufficient income source, and settlement of financial obligations.

Enfants trouvés

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Foundlings are entitled to acquire citizenship, but this is not automatic.
There is no age limit on foundlings acquiring citizenship.
The child must be registered in the birth registry in the place where they were found, based on a decision of the competent guardianship authority, while the competent registry office issues a decision on the child’s citizenship. In the Federation of Bosnia and Herzegovina, the procedure and the required evidence has been the subject of a detailed bylaw. There are no difficulties for foundlings to acquire citizenship in practice so far, although issues may arise in the future in the Federation of Bosnia and Herzegovina considering the heavy regulation on this issue.
Foundlings may only lose citizenship if it is proven that they possess another nationality.

Adoption

A Bosnian child adopted by foreign parents does not lose their Bosnian citizenship. The citizenship of an adopted Bosnian child can only be lost under certain conditions after full adoption if they possess or are guaranteed another nationality. In the latter case, termination of BiH citizenship will be annulled if the child has not acquired the citizenship of the country which issued the guarantee.
A foreign minor adopted by Bosnian parents acquires Bosnian citizenship upon application. No practical barriers have been reported.

Droit du sang

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A child born abroad after 1995 (after the entry into force of the Constitution) acquires Bosnian citizenship by descent where both their parents were Bosnian citizens at the time of the child’s birth, or one of their parents was a Bosnian citizen at the time of the child’s birth and the child would otherwise be stateless, or if the child applies for registration of Bosnian citizenship before they reach the age of 23.
There are no discriminatory conditions for the acquisition of citizenship by descent regarding children born out of wedlock.
BiH does not recognise same-sex marriages, and the law does not regulate the birth registration of children born to same-sex couples, including through surrogacy. Cases have been reported of children born abroad through surrogacy to same-sex parents who were not able to register their birth in BiH given that it is not possible to indicate same-sex parent on birth certificates.

Déclaration des naissances

The law provides that all children are registered immediately upon birth. The requirements for birth registration vary according to the regional entity. In the Federation of Bosnia and Herzegovina and in the Brčko District, a child’s birth in a healthcare institution must be registered within 15 days, while other births must be reported within 30 days. In Republika Srpska, a child’s birth must be registered within eight days according to the place of birth. In all three entities, failure to report a birth within the designated deadline is a criminal offence subject to a fine.
In the Federation of Bosnia and Herzegovina, children of foreign nationals and refugees are registered in the birth registry according to their reported place of residence or stay, or place of birth of the child, and any form of discrimination is prohibited in law. In Republika Srpska, all children are registered under the same conditions, regardless of the status of the parents.
However, while this is not regulated in Republika Srpska and Brčko District, in the Federation of Bosnia and Herzegovina, there is a requirement for beneficiaries of international protection, asylum seekers, and holders of temporary residence on humanitarian grounds to provide certain documents, which parents who are not yet registered as asylum seekers or who have irregular residence status may not be able to meet. Such parents may face administrative obstacles to registering the births of their children and may be referred to social work centres for assistance. This prevents children from registering in the birth registry within the regular period. Moreover, the procedure is often further unduly prolonged as social work centres of the mother’s place of stay often refer the application to the centre of the child’s place of birth if the mother does not have a formally registered residence. Delays are mostly an issue in the Federation of Bosnia and Herzegovina, where the registry office of the municipality of the mother’s place of stay is competent in this case, while in Republika Serpska and the Brčko District, the registry office of the municipality of the child’s place of birth is competent. There was a case of a child born in Republika Srpska to parents with irregular residence status who was registered without difficulties based on the parents’ available documents and statements.
All children are issued with birth certificates upon registration.
As BiH does not regulate the registration of children born to same-sex unions, including through surrogacy, birth certificates cannot indicate same-sex parents. Cases have been reported of children born abroad through surrogacy to same-sex parents who were not able to register their birth in BiH given that it is not possible to indicate same-sex parent on birth certificates.
Determination of the child’s nationality upon birth registration differs depending on the regional entities. In the Federation of Bosnia and Herzegovina, an application for registration of citizenship must be submitted to the municipality or city where the mother has registered residence or, failing that, where the child was born, and citizenship is acquired on the day of the child’s birth. In Republika Srpska and the Brčko District, no additional application is needed, and citizenship is recorded when registering a birth in the registry. In all three entities, a child born to BiH citizens who meets the requirements for acquiring BiH citizenship will have their BiH citizenship recorded in the birth registry.
There is no deadline for recording citizenship if it was not recorded upon birth registration, and there is no obligation for the civil registry office or the social work centre to submit a request for confirmation of citizenship. A child whose citizenship has not been determined at birth can later have their citizenship determined in the administrative procedure. Parents will have to provide evidence of their BiH citizenship if they submit a request to ascertain their child’s BiH citizenship. Where parents are unknown or of unknown citizenship, evidence providing these facts is required for the child to acquire citizenship based on their birth in BiH. A subsequent request to correct citizenship can be submitted by the parents, the guardianship authority, or the child upon majority.
Practice shows that children born abroad to BiH citizens who are asylum seekers encounter administrative difficulties when seeking to register in the birth registries in BiH. If parents do not possess the required extracts from the birth registry in the country of birth, authorities require parents to obtain the extracts from abroad, failing which their only option is to initiate a non-contentious court procedure in BiH to determine the date and place of birth. This procedure is longer, more complicated, and more expensive than the administrative procedure for birth registration. In some cases, applicants must also bear the costs of medical expertise to determine the child's age, which has a deterrent effect and represents an obstacle that often leads applicants to decide not to initiate the procedure.
Moreover, there are challenges with the birth registration of children who are presumed Bosnian citizens born on the territory of Kosovo, since BiH does not recognise documents issued by the authorities of Kosovo and the registry books for certain areas in Kosovo were destroyed or are inaccessible.
There are no mandatory reporting requirements that could deter people with irregular residence status from registering births, but, in the Federation of Bosnia and Herzegovina, where the mother does not have a registered residence, civil registry offices may conduct checks with the Ministry of Internal Affairs or the Service for Foreigners’ Affairs to confirm residence.
Late birth registration of children born in healthcare institutions is possible on payment of a fee, for which there are exemptions. In the Federation of Bosnia and Herzegovina and Republika Srpska, children born outside of healthcare institutions and children born abroad who do not have the required birth certificate must undergo a non-contentious court procedure to register a birth.

Réduire l'apatridie in situ

BiH does not currently have any programmes in place to promote civil registration, although information campaigns have been organised in the past by international organisations and NGOs, targeted in particular at Romani communities.
Stateless people, people with undetermined citizenship, and children born abroad to Bosnian citizens may face obstacles to accessing birth registration.
Conditions and criteria to register residence have been stricter since 2015, as proof of a valid legal basis for registering at a specific address is required, which exposes marginalised individuals in vulnerable circumstances to difficulties registering their residence. Romani communities are disproportionately affected by these difficulties and the consequent risk of statelessness, as they mostly live in informal settlements and often lack identification documents.
The Government of BiH has made various commitments to reducing statelessness and protecting stateless people, including signing the Zagreb Declaration, endorsing the Poznan Declaration on Roma Integration and engaging in its follow-up, submitting pledges during the High-Level Segment on Statelessness in 2019, and making a joint pledge with other governments in the region following the OSCE-UNHCR regional conference on access to civil documentation and prevention of statelessness in South-Eastern Europe in 2023.I It has also adopted an Action Plan for the Social Inclusion of Roma for 2021-2025. However, whilst BiH may be on track to resolve known cases of statelessness currently being addressed by legal assistance providers, gaps in law and practice remain. Reforms to civil registration regulations and improvements to birth registration practices are required, and the country has not yet established a statelessness determination procedure.

Déchéance de la nationalité

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There is a safeguard to ensure that citizenship may not be lost if this would render the person stateless. The only exception to this is if citizenship was acquired by fraud, providing false information, or hiding important information at the time of naturalisation, including hiding convictions for criminal offences such as terrorism or other serious crimes. There have been no reported cases of deprivation of citizenship that have rendered an individual stateless.
The competent authority for deprivation of citizenship is the Ministry of Civil Affairs of BiH. There are procedural safeguards, including the right to be heard and the right to appeal a deprivation decision before the court within 60 days.
Renunciation of citizenship may not lead to statelessness. Only citizens living abroad who have another citizenship or a guarantee of acquiring one may renounce their citizenship. The renunciation decision can be annulled if the person does not acquire another citizenship in practice.
An individual may be deprived of their citizenship on national security grounds, but this cannot render them stateless.
The children and spouse of an individual deprived of their citizenship, also lose their citizenship, except in certain circumstances, but not if this would render them stateless.

Ressources

Library of resources, legal instruments, publications and training materials on statelessness, specifically relevant to this country. More regional and international materials, as well as resources from other countries, are available on the Resources library. Domestic case law can be consulted in the Statelessness Case Law Database (with summaries available in English).

Please note that we are in the process of adding new resources, so check back soon.

International and regional treaties

United Nations - Convention relating to the Status of Stateless Persons (jan 1954)

Council of Europe - European Convention on Nationality (nov 1997)

Council of Europe - Convention on the Avoidance of Statelessness in relation to State Succession (jan 2006)

United Nations - Convention on the Reduction of Statelessness (jan 1961)

Publications

ENS - Submission to inform the European Commission 2022 Enlargement Package: progress towards addressing statelessness (avr 2022)

ENS - Submission to inform the European Commission 2021 Enlargement Package: progress towards addressing statelessness in Enlargement countries (avr 2021)

ENS - Submission to inform the European Commission 2020 Enlargement Package: progress towards addressing statelessness in Enlargement countries (jan 2020)

The European Network on Statelessness - Submission to inform the European Commission 2023 Enlargement Package (avr 2023)

European Network on Statelessness - Thematic briefing: Birth registration and the prevention of statelessness in Europe (nov 2024)

ENS - Submission to inform the European Commission 2024 Enlargement Package (avr 2024)

Bosnia & Herzegovina

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