Research Directorate, Immigration and Refugee Board of Canada, Ottawa
1. Kosovo-Serbia Crossing Points
According to the Government of Canada's Travel Advice and Advisories, "Serbia does not recognize any border crossing points from Kosovo as official international entry points" (Canada 1 May 2018). In regard to Serbia's entry and exit requirements, the US Department of State's International Travel Country Information similarly indicates that "Serbian border officials do not recognize the authority of Kosovo's government" (US 26 Apr. 2018). A 2017 report on Kosovo-Serbia dialogue [1] indicates that Kosovo deploys police and customs officers at "six interim crossing points where Kosovo collects customs and excise fees," although "Serbia refuses to build permanent border crossing points" (Phillips 5 Sept. 2017, 2). A 2013 analysis of freedom of movement between Kosovo and Serbia [2] provides the following information:
Kosovo and Serbia associate different statuses with their shared crossing points. Since Pristina considers these crossings with Serbia as official border crossings, the Government of Kosovo deploys border police who operate under procedures that are the same with all other Kosovo border crossings.
Belgrade, on the other hand, considers crossings with Kosovo only as boundary checkpoints at the administrative line between two of its territories. Therefore, the Government of Serbia deploys regular local police units at those crossings. [Serbian] [d]eployed police units … do not have the same level of authority as the border police and they are not entitled to put a Serbian entry stamp in passports. (Hamilton and Šapić May 2013, 5-6)
According to sources, there are Kosovo-Serbia crossing points at the following locations:
- Bërnjak [Brnjak] (Prishtina Insight 22 June 2017; US Nov. 2012, 41; Australia 22 Oct. 2018);
- Jarinje (Prishtina Insight 22 June 2017; US Nov. 2012, 41; Australia 22 Oct. 2018);
- Merdare [3] (Prishtina Insight 22 June 2017; US Nov. 2012, 41; Gazeta Express 30 Oct. 2017);
- Mutivodë [Mutivoda] (Prishtina Insight 22 June 2017; US Nov. 2012, 41);
- Dheu i Bardhë [Dheu e Bardhe] (Prishtina Insight 22 June 2017; US Nov. 2012, 41);
- Muçibabë [Mucibaba] (Prishtina Insight 22 June 2017; US Nov. 2012, 41).
In a 2016 report submitted to the EU, the Kosovo Ministry for Dialogue states that two new crossing points between Kosovo and Serbia would be opened by September 2016, in Kapia and Izvor (Kosovo 15 June 2016, 22). Without providing further details, the 2017 report on Kosovo-Serbia dialogue indicates that "Kosovo has finished building two permanent crossing points, while Serbia blocks construction of crossing points on its side" (Phillips 5 Sept. 2017, 10).
1.1 Procedures and Requirements
According to sources, an agreement on freedom of movement between Kosovo and Serbia was reached in 2011 and, in May 2013, became "fully operational" (Hamilton and Šapić May 2013, 5-6) or "fully implemented" (Prishtina Insight 13 July 2017). A copy of the agreement on freedom of movement reached during Belgrade-Pristina dialogue with EU mediation, published on the website of the Serbian government, is attached to this Response (Attachment 1).
According to a July 2017 article by Prishtina Insight, a Kosovo-based magazine, the agreement on freedom of movement "calls for each party to establish an 'ID system for cross-border/boundary travel for residents from the other party'. With this agreement, Kosovo document holders could travel to Serbia without a special permit for the first time since 1999" (Prishtina Insight 13 July 2017). The 2013 analysis of freedom of movement between Kosovo and Serbia similarly states that the agreement indicates that
[t]he ID cards can be used as travel documents at crossings between Kosovo and Serbia. This was especially important for Kosovo citizens who got the opportunity to travel to or through Serbia with ID cards issued by the Government of Kosovo, which was not the case before. (Hamilton and Šapić May 2013, 6)
According to sources, the Serbian authorities recognize the national ID card issued by the Kosovo government (France and Germany June 2015, 14; Researcher 20 Nov. 2018). Sources indicate that the national ID card issued by the Kosovo government can be used [by Kosovar citizens (Professor 20 Nov. 2018; PhD graduate 28 Nov. 2018)] to travel to Serbia (Professor 20 Nov. 2018; France and Germany June 2015, 14; PhD graduate 28 Nov. 2018). According to sources, Serbia does not recognize the passports issued by Kosovo (Professor 20 Nov. 2018; Researcher 20 Nov. 2018). In correspondence with the Research Directorate, a professor at the University of Graz, working on inter-ethnic relations and nationalism in Southeastern Europe, added that "[a]ll citizens of Kosovo are eligible to obtain a passport" and that "ID cards are generally given to residents of Kosovo" (Professor 20 Nov. 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
In correspondence with the Research Directorate, a researcher who holds a PhD in political science and international relations, and whose research interests include security issues in Kosovo, said that at the Kosovo-Serbia border, Serbian police will provide "a one-page document and then [the individual must] [re]turn the document when [they] leave Serbia (either when [they] come back to Kosovo or when [they] go out through another border to another country …)" (Researcher 20 Nov. 2018). Similarly, in correspondence with the Research Directorate, a PhD graduate from the University of Edinburgh, whose research on post-Yugoslav states focuses on the relations between citizenship and ethnicity, indicated that upon entry to Serbia, by land or at the airport, Kosovar citizens "will be issued a white paper that contains their data and which is valid for up to 30 days. When leaving Serbia, Kosovar citizens should show the ID and the white paper to the border officials" (PhD graduate 28 Nov. 2018). The 2013 analysis of freedom of movement between Kosovo and Serbia similarly states that according to the Kosovo-Serbia agreement, Kosovar citizens travelling to Serbia "will receive an accompanying travel waiver that will allow them to stay in (or travel through) Serbia for 90 days" (Hamilton and Šapić May 2013, 6).
1.2 Treatment at the Border
The researcher indicated that ethnic Albanians who hold Kosovar citizenship can "legally" and "physically" cross the border into Serbia, although "there are unwritten, practice-based problems" (Researcher 20 Nov. 2018). The same source provided the following information:
[S]ince 2015, in theory it is possible to cross the border with Serbia [with] Kosovo ID cards. … However, this is possible as long as the border police are reasonable and want to play by the book. There are many cases in which they do not let the Kosovars cross the border, or even worse they imprison them. … For example, if the politicians of both countries increase the tensions by their speeches, then the border police stop implementing this agreement. Another problem is that Serbia has added Kosovars to their "wanted" list, and many do not know this. I believe that they can do that even today if you are a public figure and criticize Serbia through social media, media, articles, academically, etc. They can add [an individual's] name in the list and when [that person] cross[es] the border they can [be imprisoned]. This is a big problem. For example, recently [Serbian authorities] have imprisoned many Kosovo Serbian police officers just because they were serving in the Kosovo Police Force. [These police officers] have crossed that border many times, but recently the tensions between the two governments have increased so [Serbian authorities] imprisoned at least a half a dozen of Kosovo Serbian officers of the Kosovo Police Force. (Researcher 20 Nov. 2018)
Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
According to a May 2018 article published by news website Balkan Insight, Avni Arifi, "who has led Kosovo's delegation in EU-led talks with Serbia," indicated, in an email on the implementation of agreements by Serbia, including the agreement on freedom of movement, that there are "several cases [in which] Kosovo citizens were held on the Serbian border" (Balkan Insight 31 May 2018). Without providing further details, the 2017 report on Kosovo-Serbia dialogue indicates, regarding the agreement on freedom of movement, that "[t]wo Kosovo Albanians were arbitrarily arrested at the border crossing between Serbia and Kosovo in 2016" (Phillips 5 Sept. 2017, 11). A May 2018 Prishtina Insight article indicates that "[e]xhibition photos depicting [the] Kosovo flag and a Kosovo Liberation Army inscription, destined for a Belgrade exhibition, were stopped at the Kosovo-Serbia border," "after inspection by Serbian police" (Prishtina Insight 30 May 2018). According to the same source, a member of the Youth Initiative for Human Rights, and a participant headed to the exhibition, indicated that "all of the approximately 25 people in the bus later crossed the border into Serbia" (Prishtina Insight 30 May 2018).
2. Serbian Citizenship
Kosovo's 2008 Law on Citizenship of Kosovo provides the following: "A citizen of Republic of Kosova may be the citizen of one or more other states. The acquisition and holding of another citizenship shall not cause the loss of the citizenship of Kosova" (Kosovo 2008, Art. 3).
The preamble of the 2006 Constitution of the Republic of Serbia provides that:
…
Considering also that the Province of Kosovo and Metohija is an integral part of the territory of Serbia, that it has the status of a substantial autonomy within the sovereign state of Serbia and that from such status of the Province of Kosovo and Metohija follow constitutional obligations of all state bodies to uphold and protect the state interests of Serbia in Kosovo and Metohija in all internal and foreign political relations,
… (Serbia 2006)
Regarding the right to citizenship, Article 38 of Serbia's Constitution provides the following:
Acquiring and terminating citizenship of the Republic of Serbia shall be regulated by the law.
A citizen of the Republic of Serbia may not be expelled or deprived of citizenship or the right to change it.
Any child born in the Republic of Serbia shall have the right to citizenship of the Republic of Serbia unless conditions have been met to acquire citizenship of some other country. (Serbia 2006, Art. 38)
Part two of the 2004 Law on Citizenship of the Republic of Serbia, amended in 2007, provides the means by which Serbian citizenship can be acquired (Serbia 2004). A copy of the 2004 Law on Citizenship of the Republic of Serbia is attached to this Response (Attachment 2). A copy of the 2007 Law on Amendments and Modifications of the Law on Citizenship of the Republic of Serbia is also attached to this Response (Attachment 3).
Article 23 of the 2004 Law on Citizenship of the Republic of Serbia provides the following regarding citizenship by admission:
A member of Serbian [sic] or another nation or ethnic group from the territory of the Republic of Serbia, who is not residing in the territory of the Republic of Serbia, can be admitted to citizenship of the Republic of Serbia if he is 18 years old and if he is not deprived of working capacity and if he submits a written statement considering the Republic of Serbia his own state.
Subject to conditions defined in the para. 1 of this Article, a person born in another republic of former Social Federal Republic of Yugoslavia who had citizenship of that republic or is citizen of another state created in the territory of former SFRY, who residing in the territory of the Republic of Serbia as a refugee, expatriate or displaced person or who exiled [sic] abroad, can be admitted to citizenship of the Republic of Serbia. (Serbia 2004, Art. 23)
Article 8 of the 2007 Law on Amendments and Modifications of the Law on Citizenship of the Republic of Serbia provides the following:
The para. 1 of the Art. 23 is changed and shall read:
"A member of Serbian nationality who is not residing in the territory of the Republic of Serbia is eligible for admission to citizenship of the Republic of Serbia without release from foreign citizenship, if he is over 18 years old and if he was not deprived of working capacity and if he submits a written statement that he considers the Republic of Serbia its state."
After the para. 2, a new para. 3 is added and it shall read:
"A member of another nationality or ethnic group from the territory of the Republic of Serbia can be admitted to citizenship of the Republic of Serbia in line with conditions of the para. 1 of this Article." (Serbia 2007, Art. 8)
A 2011 working paper on citizenship and belonging in Serbia [4] reports that Serbia's "highest legal act" and its law on citizenship do "not reflect the factual changes that have occurred nor the fact that it has no effective control over the citizenship issues in Kosovo, since the presence of [the] Serbian Ministry of Interior on the territory of Kosovo is constrained" (Vasiljević 2011, 24). A 2013 country report on Serbia [5] similarly explains that the Serbian law on citizenship "does not refer to the special case of Kosovo simply because the Serbian Constitution considers Kosovo as any other part of the Serbian territory" (Rava Jan. 2013, 25). For information on whether an individual born in Kosovo when it was part of Serbia can obtain Serbian citizenship, see Response to Information Request ZZZ103995 of February 2012.
The University of Edinburgh PhD graduate stated that "[a]lthough according to [Serbia's] legislation all residents in Kosovo are Serb citizens, in practice, Serbia does not issue documents to ethnic Albanians [who reside] in Kosovo" (PhD graduate 28 Nov. 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The PhD graduate added that Serbia "issues citizenship documents to ethnic Serbs and other non-Albanian minorities that reside in Kosovo … through a special 'Coordination Center' in Belgrade," although the "special passports" issued to ethnic Serbs "do not grant them visa-free travel to the Schengen area, like other regular Serb citizens from Serbia" (PhD graduate 28 Nov. 2018). Similarly, the 2013 country report on Serbia indicates that EU liberalization of the Schengen visa regime with Serbia "does not apply for citizens of Serbia with residence in Kosovo. A special unit within the Ministry of the Interior (Coordination Office) issues passports for those citizens, but those passports cannot be used for free entry into the Schengen area" (Rava Jan. 2013, 25). The same source further states that this applies to "citizens of Serbia with residence in Kosovo - including both Albanians and Serbs" (Rava Jan. 2013, 25). The July 2017 Prishtina Insight article reports that there are three different types of Serbian passports:
There are passports issued to Serbian citizens residing in Serbia, which have been included in the Schengen zone’s visa[-]free regime since 2009. These passports are recognized worldwide, including in Kosovo. Then there are passports issued before 2009 to Serbian citizens residing in Kosovo, which are also included in the visa-free regime and recognized anywhere in the world except Kosovo (these passports are also known as Police Directorate passports). The third type of passports are those issued to Serbian citizens residing in Kosovo after 2009, which are not included in the visa-free regime but have been accepted as travel documents around the world. These are also known as Coordination Directorate passports. (Prishtina Insight 13 July 2017, emphasis in original)
Without providing further details, the 2013 country report on Serbia indicates that "a certain percentage of Albanians in Kosovo still use Serbian/Yugoslav passports" (Rava Jan. 2013, 2). According to the July 2017 Prishtina Insight article, the Coordination Directorate, established in August 2009 by Serbia's Ministry of Interior, "is in charge of issuing passports to citizens of Serbia who reside in Kosovo, and … it has issued a total of 97,809 passports between 2009 and 2016" (Prishtina Insight 13 July 2017).
3. Rights and Obligations of Kosovo Albanians with Serbian Citizenship
In a 2016 report submitted to the UN Committee on the Elimination of Racial Discrimination (CERD), Serbia refers to Albanians as members of a national minority (Serbia 23 Aug. 2016, para. 5). Article 75 of Serbia's constitution, on the rights of persons belonging to national minorities, provides that "[p]ersons belonging to national minorities shall be guaranteed special individual or collective rights in addition to the rights guaranteed to all citizens by the Constitution. …" (Serbia 2006, Art. 75). Further information on the rights and obligations of Kosovo Albanians with Serbian citizenship could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Notes
[1] The author of the report, David L. Phillips, is the Director of the Program on Peace-Building and Rights at Columbia University's Institute for the Study of Human Rights (ISHR); the report is based on field research and interviews conducted in Kosovo and Serbia with government officials and members of civil society (Phillips 5 Sept. 2017).
[2] The report was prepared by a research fellow from the Group for Legal and Political Studies, a non-partisan and non-profit public policy organization based in Pristina , and a junior reseacher from the Institute for Territorial Economic Development (InTER), a think-tank that promotes sustainable socio-economic territorial development in the Western Balkans (Hamilton and Šapić May 2013, 4, 19).
[3] According to Gazeta Express, a Kosovo news portal, the "busiest Kosovo-Serbia border crossing" is at Merdare, where vehicles can enter and leave Kosovo (Gazeta Express 30 Oct. 2017).
[4] The working paper was published by the Europeanisation of Citizenship in the Successor States of the Former Yugoslavia (CITSEE) project, based at the University of Edinburgh's School of Law (Vasiljević 2011).
[5] The report was produced by CITSEE and the European University Institute's European Union Democracy Observatory (EUDO) on Citizenship (Rava Jan. 2013).
References
Australia. 22 October 2018. Department of Foreign Affairs and Trade (DFAT). Smartraveler.gov.au. "Serbia." [Accessed 19 Nov. 2018]
Balkan Insight. 31 May 2018. Jeta Xharra. "Kosovo Quits Brussels Talks Until Serbia Implements Deals." [Accessed 19 Nov. 2018]
Canada. 1 May 2018. Travel.gc.ca. "Serbia." [Accessed 20 Nov. 2018]
France and Germany. June 2015. Office français de protection des réfugiés et apatrides (OFPRA) and Cour nationale du droit d'asile (CNDA); Bundesamt für Migration und Flüchtlinge (BAMF). Rapport de mission en République du Kosovo du 10 au 20 juin 2015. [Accessed 28 Nov. 2018]
Gazeta Express. 30 October 2017. "Busiest Kosovo-Serbia Border Crossing Shuts for Construction Work." [Accessed 19 Nov. 2018]
Hamilton, Aubrey and Jelena Šapić. May 2013. Dialogue-Induced Developments on the Ground: Analysis on Implementation of the EU-Facilitated Agreements on Freedom of Movement and Trade Between Kosovo and Serbia. [Accessed 27 Nov. 2018]
Kosovo. 15 June 2016. Ministry for Dialogue. Brussels Agreements: Implementation State of Play. [Accessed 27 Nov. 2018]
Kosovo. 2008. Law Nr. 03/L-034 on Citizenship of Kosova. [Accessed 5 Dec. 2018]
PhD graduate, University of Edinburgh. 28 November 2018. Correspondence with the Research Directorate.
Phillips, David L. 5 September 2017. Implementation Review of the Kosovo-Serbia Dialogue. Institute for the Study of Human Rights (ISHR), Columbia University. [Accessed 19 Nov. 2018]
Prishtina Insight. 30 May 2018. Plator Gashi. "Photos by Kosovar Artist Denied Entry into Serbia." [Accessed 26 Nov. 2018]
Prishtina Insight. 13 July 2017. Milica Andric and Faith Bailey. "Documented Yet 'Invalid': Kosovo Serbs Barred from Traveling with Their Serbian Documents." [Accessed 27 Nov. 2018]
Prishtina Insight. 22 June 2017. Valerie Hopkins. "The Comprehensive Guide To Travelling Between Kosovo and Serbia." [Accessed 6 Dec. 2018]
Professor, University of Graz. 20 November 2018. Correspondence with the Research Directorate.
Rava, Nenad. January 2013. Country Report: Serbia. European Union Democracy Observatory (EUDO) on Citizenship and The Europeanisation of Citizenship in the Successor States of the former Yugoslavia (CITSEE). (RSCAS/EUDO-CIT-CR 2013/09) [Accessed 28 Nov. 2018]
Researcher. 20 November 2018. Correspondence with the Research Directorate.
Serbia. 23 August 2016. Consideration of Reports Submitted by States Parties Under Article 9 of the Convention. Second to Fifth Periodic Reports of States Parties Due in 2014: Serbia. (CERD/C/SRB/2-5) [Accessed 4 Dec. 2018]
Serbia. 2007. Law on Amendments and Modifications of the Law on Citizenship of the Republic of Serbia. [Accessed 28 Nov. 2018]
Serbia. 2006. Constitution of the Republic of Serbia. [Accessed 28 Nov. 2018]
Serbia. 2004 (amended 2007). Law on Citizenship of the Republic of Serbia. [Accessed 28 Nov. 2018]
United States (US). 26 April 2018. Department of State, Bureau of Consular Affairs. "Serbia." International Travel: Country Information. [Accessed 26 Nov. 2018]
United States (US). November 2012. United States Agency for International Development (USAID). Kosovo International Trade Guide. [Accessed 19 Nov. 2018]
Vasiljević, Jelena. 2011. Citizenship and Belonging in Serbia: In the Crossfire of Changing Nationhood Narratives. CITSEE Working Paper Series. [Accessed 28 Nov. 2018]
Additional Sources Consulted
Oral sources: Organization for Security and Co-operation in Europe – Mission in Kosovo; Partners for Democratic Change Serbia; Praxis; Serbia – Embassy in Ottawa; UN – UNHCR.
Internet sites, including: EU – European Asylum Support Office; Freedom House; Kosovo – Embassy in Ottawa, Ministry of Foreign Affairs, State Portal; Minority Rights Group International; NATO Association of Canada; Praxis; US – The World Factbook.
Attachments
- Serbia and Kosovo. N.d. Freedom of Movement. [Accessed 28 Nov. 2018]
- Serbia. 2004 (amended 2007). Law on Citizenship of the Republic of Serbia. [Accessed 28 Nov. 2018]
- Serbia. 2007. Law on Amendments and Modifications of the Law on Citizenship of the Republic of Serbia. [Accessed 28 Nov. 2018]
