Statelessness in Russia and Ukraine:
Recurrent Problems and New Risks
and Challenges
“The right to nationality is often defined as the right to have rights. The right to
nationality allows citizens to exercise their rights more fully and effectively than solely on
the basis of international human rights norms. Nevertheless, citizenship is not a mandatory
condition for the exercise of human rights. Under international law, stateless persons are
also rightsholders. States must protect each person, including stateless persons, from
human rights violations.”
Statement by Thomas Hammarberg at the 4th Conference of the Council
of Europe on Nationality, Strasbourg, December 17, 2010
At least 15 million people worldwide are not citizens or subjects of any country.
However, the number of children being born into statelessness (up to 70,000 annually) exceeds the rate of decline in statelessness (according to worldwide UNHCR
data for 2017, 56,500 stateless persons in 29 countries acquired citizenship).4
In recent history, one of the events that resulted in mass statelessness was the dissolution of the Soviet Union. Because former Soviet states took different approaches
to the gain or loss of citizenship, and because of multiple defects and contradictions
in the laws of these states, certain individuals and entire groups of people who never
exchanged their Soviet passports for the passports of a newly formed state for one
reason or another became vulnerable and, ultimately, stateless.
Many former Soviet countries, including Russia and Ukraine, still lack an effective procedure to legalize stateless persons who, without valid identity documents,
are not only deprived of access to realize their rights, but are also prosecuted for
violating the migration laws of the countries where they are located. The majority of
stateless persons have grounds for acquiring Russian or Ukrainian citizenship on the
basis of their territorial origin, but the formalization or inaccessibility of the procedure
for doing this and defects in the corresponding laws of both countries trap stateless
persons in a legal impasse on their path to citizenship. For many people, the old
Soviet passport is the sole document that many stateless people have. For example,
in 2018 91 people with Soviet passports turned to the Right to Protection charitable
foundation for help obtaining a Ukrainian passport.
4 An overview and analysis of global statistics by ISI. Statelessness in numbers: 2018.
https://www.institutesi.org/ISI_statistics_analysis_2018.pdf
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