EXECUTIVE SUMMARY
The 2003 OSCE Action Plan on Improving the Situation of Roma and Sinti within the OSCE
Area tasks the OSCE Office for Democratic Institutions and Human Rights (ODIHR) with
assuming a proactive role in analysing measures undertaken by participating States (pS) to
improve the situation of Roma and Sinti, including in crisis and post-crisis situations.
Following the outbreak of a crisis in and around Ukraine in the beginning of 2014, ODIHR
published the “Situation Assessment Report on Roma in Ukraine and the Impact of the Current
Crisis”. In this report ODIHR identified lack of access to personal documents (civil registration
and identification documents) as a main challenge facing Roma communities in Ukraine. At the
same time, ODIHR noted that there are no comprehensive and accurate data available on the
number of Roma in Ukraine and their socio-economic situation. Furthermore, reportedly there is
a knowledge gap on the causes and obstacles preventing Roma men and women from obtaining
personal documents and establishing their legal identity, which is a precondition for accessing
basic rights and services.
This study aims to support the Ukrainian authorities by addressing the knowledge gap and
presenting observed patterns of problems that Roma men and women – including Roma
displaced from Eastern Ukraine – experience in the Transcarpathia, Odesa and Kharkiv regions
in obtaining civil registration and identity documents. The study maps the existing administrative
practices, provides an analysis of the current legal and policy framework, and offers
recommendations for overcoming the challenges identified.
A key obstacle to overcoming these challenges is the lack of dependable data on the number of
Roma in Ukraine and therefore on the number of Roma without personal documents. Moreover,
lack of coherent administrative practice and, in some cases, complicated administrative
procedures preclude Roma women and men from initiating procedures necessary for birth
registration, registration of residence, or procedures for obtaining internal passports. The practice
of oral rejections of applications for obtaining passports or birth registration impedes access to
legal remedy. Additionally, the fines imposed in administrative procedures on various grounds
create an additional barrier for access to personal documents. Overall, negative stereotypes,
prejudices and discrimination against Roma exacerbate the situation.
According to the findings of the study, persons with the following characteristics face particular
challenges: adult Roma who were never registered in birth registries and who often need to
initiate very complicated judicial procedures in order to be provided with subsequent (late)
registration in the birth registry books; Roma and their children who arrived in Ukraine before
the 1991 independence but who cannot prove that they are Ukrainian citizens due to lack of
evidence of their permanent residence in Ukraine before 24 August 1991; Roma and other
persons who face internal displacement within Ukraine, due to their lack of personal documents
or lack of evidence of their registration in the crisis-affected areas and due to the excessive
burden of proof required for obtaining personal documents; and Roma older than 18 years
without internal passports who are not able to obtain a duplicate of the birth certificate necessary
for applying for a new internal passport.
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