BRIEFING: Stateless people and people at risk of statelessness from Ukraine 10 March 2022 6. Recommendations ENS makes the following recommendations to the EU, European States, international agencies, NGOs, and all those involved in the refugee response to ensure that stateless people and those at risk of statelessness from Ukraine can access protection in line with international law: I. II. III. IV. V. The EU should extend eligibility for temporary protection to all stateless persons and persons at risk of statelessness who are/were living in Ukraine, regardless of documentation or residence status. EU Member States should use their discretion under the TPD to extend Temporary Protection to all stateless persons and those at risk of statelessness regardless of prior residence status in Ukraine and/or ensure access to equivalent forms of protection under national law. European States should ensure that lack of identity documents or other documentation does not prevent stateless people and people at risk of statelessness from accessing international protection or other forms of protection under national law. European States should ensure access to protection and rights for stateless people on their territory in line with their obligations under the UN Convention Relating to the Status of Stateless Persons 1954, and implement safeguards to prevent arbitrary detention. Refugee response actors should take steps to identify and record statelessness as accurately as possible to ensure access to adequate protection, and assistance and services, including legal advice, and improve the availability of disaggregated data, using standardised guidelines and assessment tools at registration points, in protection procedures, and during legal counselling. Refugee response actors should identify and monitor statelessness and risk of statelessness among unaccompanied and separated children, as well as children born in transit and host countries, to ensure their right to a birth certificate, legal identity, and nationality is guaranteed. Where to find more information and advice: European Network on Statelessness: https://www.statelessness.eu/statelessness-ukraine-crisis Information provided by ENS members and partners working in Ukraine, Hungary, Moldova, Poland, Romania, and Slovakia, and accurate as of 10 March 2022. This includes Right2Protection Ukraine, Hungarian Helsinki Committee, Law Center of Advocates, Halina Nieć Legal Aid Center (HNLAC), JRS Romania and Human Rights League Slovakia and Aleksejs Ivashuk. i

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