THE PROBLEM OF STATELESSNESS IN UKRAINE AND THE WAYS OF ADDRESSING IT
why the UNHCR-drafted Handbook describe the indirect responsibility for States
to take measures to identify stateless persons, including among those at risk of
stateless, in their territory and to accord them access to at least a minimum set
of rights under the Convention.
Implementation of international law on stateless persons’ status
Improper implementation of the Conventions in the national legislation negates
positive consequences of Ukraine’s accessions. There are still a number of
problems on the legislative level, which lead to the impossibility of efficient
exercise of rights by stateless persons. For example, the national legislation
still does not reflect the 1954 Convention requirement to simplify naturalization
proceedings for stateless persons. It also does not accord stateless persons,
inter alia, the right to obtain identity papers under article 27 of the Convention. It
should also be stressed that, under the 1954 Convention, persons are stateless
from the moment they have met the definition of a “stateless person” and not
only after recognition of their status by the Contracting States and issuance of
the necessary documents. In practice, only documented stateless persons who
reside lawfully in the country are granted even the basic rights.
Particular complications within the access of the stateless to
realizations of general human rights
It results in an absolute “absence of rights” of unrecognized and undocumented
stateless persons, a legal vacuum, as they don’t even have access to the basic
human rights enshrined by the Constitution of Ukraine. An ordinary undocumented
stateless person is a person who does not exist: he/she will not be able even to
rent a room at the cheapest hotel because they will simply not be able to register
him/her ( bribery is not considered); if such a person falls ill or suffers an injury,
he/she may not count on qualified medical aid, moreover, if the person is lucky
enough to have relatives or friends who can assist with money for treatment, it’s
hopeless to think about receiving the remittances through financial institutions
as undocumented persons cannot carry out financial transactions. No official
employment is possible; no formalization of relations is possible; it is not possible
to apply to law-enforcement bodies for the protection of the person’s infringed
rights and freedoms, moreover such a person is at permanent risk of unfair and
groundless detention by law-enforcement bodies for staying in the country’s
territory without documents, with a high probability of subsequent placement into
detention centers for foreigners and stateless persons in preparation of removal
(that may not be realized a priori). We should also mention the impossibility to
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