are not limited to):
• Romani people who lack civil documentation to acquire/confirm their Ukrainian
nationality;
• Former citizens of the USSR who were unable to acquire Ukrainian nationality in
1991 and have remained stateless;
• People from non-Government-controlled areas and Crimea and those internally
displaced prior to the current conflict who have been unable to obtain or renew
personal documents since 2014, including children whose births have not been
registered (approximately 55% of children born in Donetsk and Luhansk and 88% of
children born in Crimea were reported to lack Ukrainian birth certificates or
personal documents); and
• Asylum seekers, refugees, and migrants (and their children) residing in Ukraine who
were stateless prior to leaving their countries of origin or have since become
stateless due to displacement, discrimination, State succession, or deprivation of
nationality.
42. There is a discriminatory impact on these people as they seek safety and protection
outside Ukraine if they are not eligible for Temporary Protection or other forms of
protection due to their lack of nationality and/or documentation. This discriminatory
impact is related to race or ethnicity for some, including Romani people, and there is
also a gender element, as the majority of people fleeing Ukraine are women and girls,
who face a heightened risk of human trafficking and other exploitation.
Border crossings and access to the territory
43. Positively, people fleeing Ukraine are allowed to enter Romania, even without
documents, to seek protection under the TPD, for transit (up to 90 days) if they have
identity/travel documents, or by applying for asylum at the border. There are currently
no reported difficulties put in place by the Romanian border authorities for stateless
people, those at risk of statelessness, or undocumented people. Stateless and
undocumented people fleeing Ukraine are at heightened risk of human trafficking;
women and girls are also at heightened risk.42 To date, one stateless person has been
officially recorded as entering Romania from Ukraine since 24 February 2022.43
Access to temporary or international protection
44. Once people have access to the territory, they must apply for a form of protection. The
European Union has adopted the Council Decision44 implementing the Temporary
Protection Directive (TPD)45 to grant temporary protection to eligible people displaced
from Ukraine. However, there are significant protection gaps for stateless people and
people at risk of statelessness, because the TPD applies only to stateless persons if:
42
United Nations Office on Drugs and Crime, Conflict in Ukraine: Key evidence on risks of trafficking in persons and smuggling of
Migrants, July 2022: https://www.unodc.org/documents/data-and-analysis/tip/Conflict_Ukraine_TIP_2022.pdf; and La Strada
International and The Freedom Fund, Preventing human trafficking of refugees from Ukraine: A rapid assessment of risks and
gaps in the anti-trafficking response, May 2022: https://freedomfund.org/wpcontent/uploads/UkraineAntiTraffickingReport_2022_05_10.pdf (May 2022).
43 ENS, Country briefing on Romania, Information for stateless people and those at risk of statelessness fleeing Ukraine, May
2022, available at: https://www.statelessness.eu/statelessness-ukraine-crisis.
44 Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced
persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having effect of introducing temporary
protection.
45 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass
influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons
and bearing the consequences thereof.
11