International Renaissance Foundations, and the ERRC, 83% of Roma have a passport or another
identity document, while the remaining 17% are undocumented.26
43)
While most Roma have the right to the Ukrainian nationality under the Law, their risk of statelessness
relates to their lack of documentation and the documentation requirements for birth registration. The
lack of documentation among Roma is a widespread and long lasting, sometimes inter-generational
issue that needs a particular attention by local and national authorities.
44)
The risk of statelessness of Roma is caused by the factors affecting other groups, which have been
outlined in the above sections. Yet, there are certain legal provisions that particularly affect Roma and
create specific barriers to acquiring nationality.
45)
Additional risks of statelessness among Roma in Ukraine and obstacles to solving their statelessness
are linked to historical reasons of segregation and social exclusion by the majority community. In
Ukraine, many Roma live in compact settlements, also known as ‘tabor’, which are excluded from the
rest of the population. Birth at home also results in the lack of birth certificates because of the
abovementioned requirement to present medical documents irrespectively of the child’s birth in or
out of the hospital. The issue particularly impacts Roma living in remote rural areas. They are more
likely to remain stateless as they do not have access to legal assistance to solve this problem. This also
causes additional financial burdens for Roma, as travel costs are likely to be an obstacle to acquiring
documentation. The situation of the Roma lacking identity documents is further aggravated by state
sanctions against those who lack documentation. Furthermore, expenses, including paying a fine (for
instance, for illegal stay in Ukraine, or late application for a birth certificate after the expiry of a month
since the birth date); a court fee (if a person can establish his/her affiliation to the Ukrainian
nationality only through a court procedure); or a fee for certain administrative services (for example,
issuance of a registration certificate as a citizen of Ukraine by the State Migration Service of Ukraine)
make documentation inaccessible to many Roma.
46)
As a result and a consequence of marginalisation, social exclusion and poverty, the level of literacy and
formal education remains very low among Roma in comparison to the rest of the Ukrainian
population. This leads to barriers to completing applications and providing the required
documentation, making Roma more likely to have their applications rejected.
47)
Furthermore, discrimination is both a cause and a consequence of statelessness among Roma in
Ukraine. Roma, along with other groups, are systematically discriminated against in Ukraine, at
different levels, and on various grounds, as reported by the Office of the Ukrainian Ombudsman, as
well as by UN agencies.27 In October 2016, concluding observations and recommendations of the
Committee on the Elimination of Racial Discrimination on the twenty-second and twenty-third periodic
reports of Ukraine were published, which welcomed the positive steps undertaken by Ukraine in
26
The Conditions of the Implementation on the Roma State Policy. – 2015. – 80 p. - p. 10. - Available at:
http://www.ombudsman.gov.ua/files/alena/ZVIT_ROMA.pdf. (In Ukrainian.)
27
For more details, see: The Annual Report of the Ombudsman of Ukraine on Human Rights in Ukraine. – 2015. – 552 p. – Available
at: www.ombudsman.gov.ua/files/Dopovidi/Dopovid_2015_10b.pdf. (In Ukrainian.); The Annual Report of the Ombudsman of
Ukraine on Human Rights in Ukraine. – 2016. – 537 p. – Available at:
www.ombudsman.gov.ua/files/Dopovidi/Dopovid_2016_final.pdf. – p. 156. (In Ukrainian.); The Сoncluding observations and
recommendations of the Committee on the Elimination of Racial Discrimination on the combined twenty-second and twenty-third
periodic reports of Ukraine. - CERD/C/UKR/CO/22-23. - 4 October 2016. - Available at:
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD%2fC%2fUKR%2fCO%2f22-23&Lang=en;
Ukraine combined twenty-second to twenty-third periodic report CERD/C/UKR/22-23. – 2016. - Available at:
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=20318&LangID=E#sthash.By19x2Q2.dpuf.
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