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Ukraine is State Party to almost all relevant international and regional instruments, including three of the core statelessness conventions. However, there are some gaps in protection as well as efforts to prevent and reduce statelessness. Data on the stateless population is limited by discrepancies, overlapping categories, and the impact of the war and ongoing territorial disputes. Positively, a Statelessness Determination Procedure was introduced and has been in force since May 2021. The definition of a stateless person established in law is in line with the 1954 Convention. Applicants for statelessness status have some rights pending the procedure, but there are several barriers in accessing the procedure both in law and in practice. Recognised stateless people may acquire a temporary residence permit, and then permanent residence after two years. Amendments adopted in September 2023 have also tightened some requirements to obtain a residence permit after a person is recognised as stateless.
The legal framework on detention is weak with limited protection against arbitrary detention and few procedural safeguards. Authorities are still permitted to detain people without a court order and stateless people are detained in practice, as statelessness is not considered relevant in detention decisions. People released from detention have some protection from re-detention as well as a route to legal residence.
People recognised as stateless may apply for naturalisation three years after their recognition as stateless. Legal safeguards are in place to prevent statelessness in the case of foundlings, adopted children, and those born to Ukrainian nationals abroad, but there is a legal residence requirement for children born stateless in the country to acquire nationality. This gap, along with barriers to birth registration, hinders efforts to reduce the large in-situ stateless population in Ukraine, disproportionately made up of ethnic minorities, including Roma. The escalation of the war since February 2022 has exacerbated barriers to accessing rights and protection for stateless people and people at risk of statelessness both in Ukraine and in neighbouring countries.
Oleksandr Snitko, Desyate Kvitnya (Tenth of April)
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