Institute on Statelessness and Inclusion, Challenges Facing Stateless People Displaced by the War in
Ukraine, 31 March 2022
"Following Russia’s invasion, stateless people and those at risk of statelessness have encountered barriers
in the country and at Ukraine’s Western borders - depending on their documentation, residence status
and personal background. There have been reports of discrimination and differential treatment both at
border crossings and inside neighbouring countries, despite their public commitment to welcome
everyone fleeing the conflict in Ukraine. Undocumented Roma, for instance, have been
experiencing discrimination en route to safety both in Ukraine and bordering countries. As ENS points out,
a key challenge that government officials and humanitarian actors must be aware of is that “most people
affected by statelessness residing in Ukraine will not be able to prove their residence or nationality status
due to the nature of statelessness”.
The European Union's EU Temporary Protection Directive (TPD) grants protection in the EU to Ukrainian
citizens, those with international protection before 24 February 2022 and stateless people - but only if
they held permanent residence in Ukraine before 24 February 2022. Therefore, it does not include
stateless people who do not hold (or cannot demonstrate) permanent residence status in Ukraine. ENS
recommends that“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.”"
ERRC, ROMANI FAMILY DENIED EXIT FROM UKRAINE: BORDER GUARDS ACCUSE ROMA OF
“WRONGDOINGS” IN HUNGARY, 29 March 2022
“A 52-year-old Romani mother and her two children have been repeatedly denied exit from Ukraine at
the border crossing near to Beregovo on the Hungarian border, according to reports from in-country ERRC
human rights monitors. Ágnes and her family from Beregovo, in the Zakarpattiya region of Ukraine, were
told by an official at the Beregsurányi border crossing on 20th March that they could not pass through to
the Hungarian side because of rumours that Roma elsewhere in Hungary had been accused of abusing the
welfare system and engaging in begging. On three separate occasions Ágnes, who is a native Hungarian
speaker, was denied exit from Ukraine when she tried to take her family across the border to be with her
extended family in Hungary. ERRC representatives called the border authorities to report the incident and
clarify the situation, they were told that Ukrainian border officials had received no instructions to deny
anyone exit from Ukraine, providing they are legally entitled to leave (as men aged 18 – 60 are required
to remain in the country following the General Mobilisation order of 24th February 2022). The border
authorities encouraged the family to try again. Ágnes attempted to cross the border a second time but
was again denied for the same reason, with a border guard stating “no, you are going to commit
wrongdoings like the others, so we are not letting you out.” She tried for a third time to cross the border
after reporting this to the ERRC, this time with her phone camera recording a video to get evidence of the
discriminatory treatment she faced from the guards. She was threatened with arrest and confiscation of
her belongings if she continued to film members of the Ukrainian army. On Sunday 27th March, the family
attempted the crossing for a fourth time and were finally allowed to pass without any obstacles. It is
assumed by local human rights monitors that the shift was changed and a different group of guards were
manning the border crossing point. With little oversight of border guards’ decisions, on either side of the
borders, Ágnes’ story highlights the precarious situation Romani refugees can find themselves in when
attempting to find safety outside of Ukraine. Hers is not the first story since this war began where Roma
have been accused of not being ‘genuine refugees’. […] The ERRC will continue to monitor any reports of
denied exit on the Ukrainian-Hungarian border to ensure it is not a systemic issue. The name of the
Romani woman in this article was changed to protect her identity.”
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