significant number of undocumented persons among them. Furthermore, the excessive burden of proof to establish permanent residence when the nationality law entered into force and gaps in the new citizenship laws of successor states contribute to (the risk of) statelessness. Of significant concern, is the requirement for the parents to have formal documentation as a prerequisite to register a child’s birth. While not all persons who lack birth registration are stateless, the registration of births is a key step in acquiring Ukrainian nationality. 2. Persons whose only documentation is from the Pridnestrovian Moldavian Republic are at risk of statelessness. This entity is not recognised as a state by the international community, as the territory is perceived as an integral part of Moldova. As a result, documents issued by the Pridnestrovian Moldavian Republic are void in Ukraine. 3. As a result of the temporary occupation of Ukrainian territory, children born in occupied territories and internally displaced persons from them are at risk of statelessness. Birth registration for children born in the temporarily occupied territories of Ukraine is possible only through the lengthy and costly procedure of establishing the fact of a child’s birth in a Ukrainian court of law. In principle, IDPs are eligible for documentation by a certificate of registration as an IDP subject to presenting an identity document, a passport of Ukraine or another valid document. Thus, an undocumented IDP will not be able to receive protection as an IDP or establish their nationality, limiting their access to fundamental rights. 4. Finally, Roma people often find themselves at risk of statelessness for various reasons, which are addressed in more detail later in this submission. The right of every child to acquire a Nationality 14) The 1961 Statelessness Convention requires States to grant nationality to persons born in their territory ‘who would otherwise be stateless’.13 Furthermore, both the ECN and 1961 Convention obligate that foundlings automatically acquire nationality.14 The most important human rights provision related to the child’s right to acquire a nationality is Article 7 of the CRC, which requires that: “1) The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents. 2) States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.” 15) International law also sets out rules and timeframes for the acquisition of nationality by children who would otherwise be stateless. Both the ECN and the 1961 Convention set out various criteria according to which, nationality should be acquired by such children, either at birth or later in life.15 The current practice of Ukraine is assessed against these criteria later in this submission. Importantly, guiding principles of the CRC including the right to non-discrimination and the best interests of the child, 13 1961 Convention, Article 1. 14 1997 European Convention on Nationality, Article 6 (1) (b); 1961 Convention on the Reduction of Statelessness, Article 2. 15 1997 European Convention on Nationality, Article 2 (6) (b); 1961 Convention on the Reduction of Statelessness, Article 1 (2) (a) and (b). 5

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