Ukraine - Stateless persons in Ukraine

2020

At the end of 2020, there was no significant change in data on people under UNHCR’s statelessness mandate, with an estimated population of 35,875 in Ukraine. The Ministry of Interior regularly provides data on the number of stateless people legally residing in Ukraine. This number remained stable at around 5,800 people at the end of 2020. A major breakthrough in 2020 was the adoption of the law introducing a statelessness determination procedure (SDP) in Ukraine. The law will give thousands of people who lack a nationality a chance to work legally, study and access healthcare among other rights and opportunities, and will ultimately provide a pathway to citizenship once they are recognized as stateless. This concerns people who have been residing in Ukraine for many years but have not been able to acquire Ukrainian citizenship or any other nationality due to a lack of documentation or ties to post-Soviet countries. With the introduction of the SDP, recognized stateless people will now be able to regularize their stay by obtaining residence permits. They will have the right to freedom of movement, to work, and to access education and health services. Crucially, the law will pave the way for their naturalization as Ukrainian citizens. After five years of permanent residence in Ukraine, people recognized as being stateless will be eligible to apply for naturalization. The law was drafted by members of Parliament in close collaboration with the State Migration Service, the Ministry of Interior and in consultation with other government entities, experts from civil society and UNHCR. UNHCR has been advocating for the introduction of a statelessness determination procedure since 2013. During 2020, UNHCR provided individual legal assistance through its partners to 1,136 people under its statelessness mandate (including 357 people newly registered during the year), mostly assisting them in procedures for establishing the identity of a person, for issuance/renewal of civil documentation including birth certificates, for confirming the nationality, in administrative proceedings or in court. In total, UNHCR provided 4,868 legal consultations through its partners.

As a result of the assistance provided, 173 people were able to have their identity/nationality confirmed and obtained a passport, 39 people obtained a birth certificate and 157 people obtained a birth certificate duplicate. UNHCR with its partners organized nine capacity building events during which 175 officials were trained on protection needs of stateless people. The events were conducted online. In addition, UNHCR estimates that over 65,000 children born in non-government-controlled areas (NGCA) have not obtained officially recognized birth registration and therefore face a risk of statelessness. During 2020, UNHCR adjusted its advocacy message related to birth registration. Instead of focusing solely on the introduction of an administrative procedure, UNHCR and other actors focused on the “establishment of an effective birth registration procedure responsive to the needs of families in NGCA”. The goal is to have a “one-stop shop” where parents could obtain birth registration efficiently, for example at the newly established Centres for the provision of Administrative Services (TSNAPs) near the entry-exit checkpoints (EECPs) between GCA and NGCA. The state authorities currently consider approaches that blend an administrative and judicial procedure, while simplifying access for parents at the TSNAPs or through digital applications. A digital application could allow parents to submit documents at EECPs and receive notification and electronic copy of a birth certificate in a special government-run smartphone application. UNHCR advocated for inclusion of proxy questions to help identify stateless people through the all population census that was planned for 2020, but the census was postponed because of the pandemic.