Submission of evidence to inform the new EU
Strategy on Combatting Trafficking in Human Beings
January 2026
specifically strengthening cooperation between anti‑trafficking, asylum, child‑protection, and
competent authorities for statelessness and nationality matters. The strategy should provide
funding and support for guidance and capacity‑building to help frontline actors identify and
respond to statelessness among trafficking victims, and support knowledge exchange and
further research on the nexus between statelessness and trafficking to improve evidence and
practice.
Wider nexus between trafficking and statelessness
In addition to statelessness being a root cause of trafficking, it is equally important to recognise that
trafficking can in turn heighten the risk of statelessness. Traffickers often confiscate, destroy, or
withhold identity documents, and victims may not be in control of their lives for long periods of time,
which could lead to them being unable to renew documents, or prove their links to a country of
origin or former habitual residence, or missing crucial deadlines for registration of children to
confirm or acquire their nationality. Loss of contact with family members and/or loss of proof of links
to a country of origin can make it difficult to (re)obtain the documentation required to prove or
acquire nationality. These risks are particularly acute for child victims of trafficking, who may grow up
without any documentation or a formal record of their place of birth or parents. Such gaps can place
these children at risk of being unable to confirm or acquire a nationality, with severe and long-lasting
consequences for their rights and protection if left unaddressed.
It is therefore essential that responses to trafficking proactively consider the right to a nationality and
prevention and reduction of statelessness for all victims, irrespective of whether they have crossed
an international border. Establishing whether the individual has a legal identity and a nationality
should form part of identification, risk assessment, protection, and support provision with specialist
legal assistance provided and referral to the competent authorities responsible for statelessness and
nationality determination if required to resolve any nationality issues or indications of statelessness
identified. Leaving victims with unknown or undetermined nationality for prolonged periods of time
undermines their protection and increases the risk of statelessness. For children, determining their
nationality (or supporting them to acquire a nationality as soon as possible) must be understood as
a core part of re‑establishing their identity, ensuring access to fundamental rights during childhood,
and determining a safe and sustainable solution in their best interests in line with the Convention on
the Rights of the Child.
The risk of statelessness faced by victims of trafficking has received very limited attention in policy
and practice. Identification of statelessness or nationality‑related problems among victims is often
hindered by a broader lack of awareness of statelessness among officials, as well as inconsistent or
inaccurate recording of nationality, including practices such as imputing nationality or the prolonged
use of ‘unknown’ or ‘undetermined’ nationality categories in official data.
ENS recommends that the new EU strategy provides clear, practical guidance to support
statelessness‑informed trafficking responses among implementing authorities, including
within identification and protection procedures. Similar measures to those introduced through
the EU Migration and Asylum Pact to identify indications of statelessness should be introduced
in trafficking responses. This creates an opportunity to align anti‑trafficking measures with the
tools and expertise emerging under the Pact, supporting more consistent identification of
nationality‑related vulnerabilities and more robust protection outcomes for victims.
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