BRIEFING: Stateless people and people at risk of statelessness forcibly displaced from Ukraine 10 March 2022 1. Introduction The European Network on Statelessness (ENS) is a civil society alliance of over 170 organisations and individuals working to address statelessness in 41 European countries. This briefing explains why statelessness is important in the Ukraine refugee response; how to identify statelessness; access to protection for stateless people from Ukraine; where stateless people can get information; and makes recommendations to ensure routes to protection for stateless people from Ukraine. What is statelessness? ‘Stateless person’ is defined in international law as ‘a person not considered as a national by any State under the operation of its law’. Stateless people may have always lived in the same country, or they may also be migrants or refugees. Being stateless is not the same as being undocumented. Early reports from Ukraine and neighbouring countries suggest that stateless people fleeing the crisis in Ukraine may face additional barriers and differential treatment depending on their residence, nationality, and/or documentation status. It is imperative that European States ensure that this does not stop stateless people and those at risk of statelessness from accessing the same level of protection as currently offered to Ukrainian nationals. ‘At risk of statelessness’ does not have a legal definition but is a term used to refer to people who may not be stateless at present but may become stateless due to circumstances that can cause statelessness. Sometimes it is unclear whether a person is stateless, and statelessness may become evident over time. 2. ‘Undocumented’ people lack any documentary proof of their residence or civil status in a country. Being undocumented is not the same as being stateless, but if a person cannot acquire or has never had any personal documents this may be an indicator that they are stateless or at risk of statelessness. Statelessness in Ukraine Numbers The last census in 2001 recorded 82,550 stateless people in Ukraine. In 2021, UNHCR estimated that 35,875 people in Ukraine were stateless or had ‘undetermined nationality’. However, only 6,047 stateless people were legally residing in Ukraine at the end of 2021. Approximately 10-20% of the estimated 400,000 Romani people living in Ukraine are stateless or at risk of statelessness. Additionally, 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, putting them at risk of statelessness. Who is affected? Roma and other minoritized groups may be at risk of statelessness due to discrimination and other factors. It is estimated that 10-20% of Romani people in Ukraine lack the civil documentation needed to acquire or confirm their Ukrainian citizenship. There are over 12 million stateless people globally, including over half a million in Europe. Most stateless people are stateless in their ‘own country’ due to discrimination or State succession, for example. Statelessness can also be a cause and consequence of displacement and is often caused by discrimination or gaps in nationality laws. Most stateless people lack access to basic rights, services, and personal documents. For more information see: www.statelessness.eu and www.statelessjourneys.org