THE PROBLEM OF STATELESSNESS IN UKRAINE AND THE WAYS OF ADDRESSING IT
I. Introduction
In 2014, UNHCR marked the 60th anniversary of the 1954 Convention relating
to the status of stateless persons. The Convention came about as a result of the
Second World War and its aftermath, which left so many persons displaced and
without identity papers, and which also transformed the map of the European
continent. Borders shifted and entire populations were on the move. In this
massive upheaval, it was inevitable that some persons were left without a country,
without a home, and even without a piece of paper to prove their identity. The
Convention was adopted with their plight in mind, and together with the 1961
Convention on the reduction of statelessness, states committed themselves to
preventing statelessness and to mitigating its impact by ensuring that stateless
persons could enjoy their basic rights.
The dissolution of the Soviet Union could have left large populations stateless,
but fortunately Ukraine—as many of the other newly independent states—adopted
citizenship laws in the spirit of international law, including the Statelessness
Conventions. . Most persons living in Ukraine were able to seamlessly acquire
the citizenship of Ukraine, and a major crisis of statelessness could be averted.
However, it was not until 2013 that Ukraine acceded to the two Statelessness
Conventions. This step has given an occasion for reflection on statelessness in
Ukraine, and was the impetus for the report that lies before you. As you will see
from this report, though the overall legal framework for preventing statelessness
and protecting stateless persons is favorable, some groups remain stateless or
at risk of statelessness in Ukraine, particularly persons affected in various ways
by state succession in the region and persons who lack identity documentation or
are unable to obtain birth certification for their children, such as Roma, homeless
persons, and some groups of migrants. The case studies included here show how
this situation impacts their daily lives: adults may face detention, or be unable
to obtain legal employment; children are not issued with school certificates etc.
Though most of them have lived in Ukraine for their entire lives, they remain on
the margins of society.
The report guides us towards a proper response to the problem of statelessness
in Ukraine. This would require amendment to laws and other legislative acts, so
that the procedures for documenting these individuals and for the confirmation
or acquisition of nationality can be made clearer, more accessible, and more
efficient. There will need to be outreach to stateless persons, persons who may
be stateless and the persons at risk of statelessness, encouraging them to come
forward. We need to continually remember that the small technicalities often
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