REGULATION NO. 2000/13

UNMIK/REG/2000/13

17 March 2000

 

 

ON THE CENTRAL CIVIL REGISTRY

 

 

The Special Representative of the Secretary-General,

 

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

 

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999 on the Authority of the Interim Administration in Kosovo,

 

For the purpose of establishing a Central Civil Registry,

 

Hereby promulgates the following:

 

 

Section 1

THE CENTRAL CIVIL REGISTRY

 

1.1       The Central Civil Registry shall contain a register of habitual residents of Kosovo.

 

1.2       The Special Representative of the Secretary-General shall appoint a person expert in civil registration procedures as Civil Registrar and head of the Central Civil Registry.  The Civil Registrar shall staff, organize and administer the Central Civil Registry and shall discharge the functions conferred upon him or her by the present regulation.

 

 

Section 2

REGISTRATION

 

2.1       From a date and in accordance with procedures to be announced, habitual residents of Kosovo, and those seeking to be considered as habitual residents of Kosovo, shall apply to be registered in the Central Civil Registry.

 

2.2       Persons who are presently living outside Kosovo and seek to be considered as habitual residents of Kosovo may upon their reestablishment in Kosovo, apply to the Central Civil Registry in accordance with modalities and procedures to be announced by the Special Representative of the Secretary-General.

 

 

Section 3

HABITUAL RESIDENTS OF KOSOVO

 

The Civil Registrar shall register the following persons as habitual residents of Kosovo:

 

(a)    Persons born in Kosovo or who have at least one parent born in Kosovo;

 

(b)   Persons who can prove that they have resided in Kosovo for at least a continuous period of five years;

 

(c)    Such other persons who, in the opinion of the Civil Registrar, were forced to leave Kosovo and for that reason were unable to meet the residency requirement in paragraph (b) of this section; or

 

(d)   Otherwise ineligible dependent children of persons registered pursuant to subparagraphs (a), (b) and/or (c) of this section, such children being under the age of 18 years, or under the age of 23 years but proved to be in full-time attendance at a recognized educational institution.

 

 

Section 4

APPLICATIONS

 

4.1       Persons applying for inclusion in the register shall establish their identity and their eligibility for registration to the satisfaction of the Civil Registrar.

 

4.2       Identity and eligibility for registration may be established through one of the following methods:

 

(a)      An official document issued by any State or organ thereof, including an identification card, passport or any other travel document containing the photograph or fingerprint of the applicant;

 

(b)     Other documents issued by a State or organ thereof, or by an agency or organ of the United Nations, supported where necessary by independent corroborative evidence, either written or oral; or

 

(c)      Other documents issued prior to 10 June 1999 by other entities including, but not limited to, educational, health, political and religious institutions, public utilities and other quasi-official bodies, supported by independent corroborative evidence whether written or oral.

 

4.3       The Special Representative of the Secretary-General may, by administrative direction,

permit additional methods of establishing the identity of persons eligible for registration.

 

 

Section 5

IDENTITY CARD

 

Any registered person aged 16 years and above is entitled to be issued with an identity card that shall be proof both of the applicant’s identity and that he or she is a habitual resident of Kosovo.

 

 

Section 6

REFUSAL AND RECONSIDERATION

 

6.1       The Civil Registrar shall give written reasons for his or her refusal to register an applicant.

 

6.2       The Civil Registrar may reconsider a previously refused application if there is new evidence. 

 

6.3       The Civil Registrar may reconsider a registration if presented with new evidence that suggests that the original registration was based on false, misleading or otherwise unsatisfactory evidence.  The Civil Registrar shall use reasonable efforts to inform the registered person concerned of the substance of the new evidence and shall consider any new evidence or arguments that the registered person may put forward and, in the light of all the circumstances determine whether the registration should be revoked.  If the Civil Registrar determines that the registration should be revoked, he or she shall order the rectification of the registry and shall order the cancellation of the identity card previously issued and the cards of any otherwise ineligible dependent children of the person previously registered.

 

 

Section 7

REGISTRATION APPEALS COMMISSION

 

7.1       The Registration Appeals Commission of the Central Civil Registry shall hear and  decide on appeals by applicants and may grant leave to appeal to third parties who can show by clear and compelling evidence that a decision of the Civil Registrar was made on the basis of false, misleading or otherwise unsatisfactory evidence.

 

7.2       The Commission shall be composed of one or more Chambers of two international

members and two local members.  The Special Representative of the Secretary-General shall appoint the members of the Commission and shall designate one international member as President of the Commission.

 

7.3       The Commission shall establish its own Rules of Procedure and Evidence.

 

7.4       Decisions of the Commission shall be by majority vote.  In the event of a tie the President of the Commission shall have a casting vote.  The decisions of the Commission are final.

 

7.5       The Civil Registrar shall allocate staff to the Registration Appeals Commission, which staff shall be under the exclusive control of the Commission.

 

 

Section 8

IMPLEMENTATION

 

The Special Representative of the Secretary-General may issue administrative directions to implement this regulation.

 

 

Section 9

APPLICABLE LAW

 

The present regulation shall supersede any inconsistent provisions of the applicable law.

 

 

Section 10

ENTRY INTO FORCE

 

The present regulation shall enter into force on 17 March 2000.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General