are not limited to): • Romani people who lack civil documentation to acquire/confirm their Ukrainian nationality; • Former citizens of the USSR who were unable to acquire Ukrainian nationality in 1991 and have remained stateless; • People from non-Government-controlled areas and Crimea and those internally displaced prior to the current conflict who have been unable to obtain or renew personal documents since 2014, including children whose births have not been registered (approximately 55% of children born in Donetsk and Luhansk and 88% of children born in Crimea were reported to lack Ukrainian birth certificates or personal documents); and • Asylum seekers, refugees, and migrants (and their children) residing in Ukraine who were stateless prior to leaving their countries of origin or have since become stateless due to displacement, discrimination, State succession, or deprivation of nationality. 42. There is a discriminatory impact on these people as they seek safety and protection outside Ukraine if they are not eligible for Temporary Protection or other forms of protection due to their lack of nationality and/or documentation. This discriminatory impact is related to race or ethnicity for some, including Romani people, and there is also a gender element, as the majority of people fleeing Ukraine are women and girls, who face a heightened risk of human trafficking and other exploitation. Border crossings and access to the territory 43. Positively, people fleeing Ukraine are allowed to enter Romania, even without documents, to seek protection under the TPD, for transit (up to 90 days) if they have identity/travel documents, or by applying for asylum at the border. There are currently no reported difficulties put in place by the Romanian border authorities for stateless people, those at risk of statelessness, or undocumented people. Stateless and undocumented people fleeing Ukraine are at heightened risk of human trafficking; women and girls are also at heightened risk.42 To date, one stateless person has been officially recorded as entering Romania from Ukraine since 24 February 2022.43 Access to temporary or international protection 44. Once people have access to the territory, they must apply for a form of protection. The European Union has adopted the Council Decision44 implementing the Temporary Protection Directive (TPD)45 to grant temporary protection to eligible people displaced from Ukraine. However, there are significant protection gaps for stateless people and people at risk of statelessness, because the TPD applies only to stateless persons if: 42 United Nations Office on Drugs and Crime, Conflict in Ukraine: Key evidence on risks of trafficking in persons and smuggling of Migrants, July 2022: https://www.unodc.org/documents/data-and-analysis/tip/Conflict_Ukraine_TIP_2022.pdf; and La Strada International and The Freedom Fund, Preventing human trafficking of refugees from Ukraine: A rapid assessment of risks and gaps in the anti-trafficking response, May 2022: https://freedomfund.org/wpcontent/uploads/UkraineAntiTraffickingReport_2022_05_10.pdf (May 2022). 43 ENS, Country briefing on Romania, Information for stateless people and those at risk of statelessness fleeing Ukraine, May 2022, available at: https://www.statelessness.eu/statelessness-ukraine-crisis. 44 Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having effect of introducing temporary protection. 45 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof. 11

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