The European Commission and European States must take urgent action to address segregation,
discrimination, and antigypsyism, and ensure equal access to rights and protection for Romani
refugees fleeing Ukraine.
5. Lack of disaggregated data
Our analysis shows there is very limited data on the nationality status of refugees from Ukraine.
Issues with identification of nationality or statelessness at border crossings and registration points
have been reported, as well as cases of imputed nationality (people being assigned an assumed
nationality) during protection procedures, meaning it is very hard to get an accurate picture of who
is fleeing Ukraine and whether stateless people or people with undetermined nationality have been
able to apply for or access protection. Crucially, there are also issues with how nationality data is
recorded during birth registration procedures, which creates an additional risk of new cases of
statelessness emerging among children whose nationality is not being accurately determined at
birth.
No official published data on nationality could be found from registration/border points. ENS
members providing legal assistance to people fleeing Ukraine have reported cases of stateless
people from Ukraine in Switzerland, Romania, Poland, Moldova, Hungary, Germany, the Czech
Republic, and Belgium. Disaggregated Eurostat data is available for some EU countries on first
instance grants of temporary protection and total beneficiaries of temporary protection. This
includes the ‘citizenship’ categories ‘stateless’, ‘unknown’, and ‘recognised non-citizens’, as well as
‘Palestine’ and ‘Western Sahara’. However, even where disaggregated data is available, ongoing
failures in identification are likely to hide the true number of stateless people and those at risk of
statelessness affected. The lack of data also makes it challenging to assess the situation facing
stateless people in Ukraine, including where their lack of (proof of) nationality may have prevented
them from fleeing the conflict.
There is an urgent need for improved disaggregated data on the nationality status of refugees
fleeing Ukraine, to tailor policy responses and prevent discrimination on grounds of statelessness
or nationality status.
6. Recommendations
Political commitments to ensuring everyone fleeing Ukraine can access temporary protection - and
action already taken by many States to make this a reality - are welcome. However, our analysis
shows that many stateless people from Ukraine are falling through the cracks, finding themselves
outside the scope of this protection. It is regrettable that our calls for improved access to protection
for stateless people - including in our open letter to the EU Commissioner for Home Affairs Ylva
Johansson - remain unanswered. The further analysis we have conducted in 17 countries since then
reinforces why action is so urgently needed. As set out in this briefing, we recommend that:
i.
Everyone fleeing the war in Ukraine should be guaranteed access to the territory regardless
of documentation or residence status, as mandated by the EU and UNHCR, and in line with
international law principles including the right to claim asylum.
ii.
EU Member States and other European States should extend temporary forms of protection
to all stateless people and those with undetermined nationality who cannot meet current
eligibility requirements, due to their statelessness or documentation status. To help facilitate
this, the European Commission should revise the Operational Guidelines for implementation
of the Temporary Protection Directive to better address the particular protection needs of
stateless people.
iii.
The European Commission and European States should take urgent action to address
segregation, discrimination, and antigypsyism, and ensure equal access to rights and
protection for Romani refugees fleeing Ukraine.