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The UN Committee considered Right to Protection's recommendations in preparing its report on the situation of refugees and stateless persons in Ukraine

August 5, 2025

In June, the UN Committee on the Elimination of Racial Discrimination (CERD) published its concluding observations on Ukraine's combined 24th and 26th periodic reports. The document contains an assessment of the state's progress in fulfilling its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination, as well as recommendations for the future. Most of the recommendations provided by R2P's experts in April, during the presentation of an alternative report on the rights of refugees, asylum seekers, and stateless persons in Ukraine at the 115th session of the UN Committee on the Elimination of Racial Discrimination (CERD) in Geneva, were also taken into account.

Ukraine, like many other European countries, is a party to UN conventions. As a result, countries undertake to comply with the provisions of these conventions to ensure the rights of a particular category of society. UN committees monitor their implementation. They assess the measures taken by the state and violations, and make recommendations based on the results of their analysis. If a state systematically fails to comply with or ignores them, appropriate sanctions may be imposed. Ukraine's compliance with these provisions demonstrates its development as a legal and democratic state, where the rights of all categories of people must be taken into account.

The UN Committee on the Elimination of Racial Discrimination has prepared relevant conclusions on the situation of stateless persons, refugees, and asylum seekers in Ukraine. The document takes into account Ukraine's reports presented during the 115th session of CERD, which was held in April in Geneva. At that time, the Ukrainian government representatives and human rights organisations, including R2P, which presented an alternative report, participated in the session.

In its concluding remarks, CERD took into account the issues raised in the Fund's report on refugees, asylum seekers, and stateless persons, broadly addressing the concerns presented. Of the eight issues mentioned in the document, five directly correspond to those highlighted by R2P regarding refugees and asylum seekers.

Issues raised by the CERD Committee in the context of refugees and asylum seekers:

1. Restrictions on access to protection procedures due to changes in legislation

The Committee drew attention to Law No. 2952-IX of February 2023, which expanded the grounds for refusing entry and restricted the options for appealing refusals to grant protection. This, according to CERD, violates the principle of non-refoulement and impedes access to the territory for persons in need of international protection. 

2. Lack of written decisions in cases of refusal of access to the protection procedure 

The Committee expressed concern about the broad discretionary powers of the State Migration Service of Ukraine to refuse applications. In particular, this refers to verbal refusals without official decisions, which effectively deprives applicants of the opportunity to defend their rights.

3. Discrimination based on nationality

CERD has recorded reports of refusals to grant refugee status to persons with Russian and Belarusian citizenship, which, in its opinion, may indicate discrimination based on national origin.

4. Lack of integration strategy

The Committee noted that Ukraine still lacks a comprehensive strategy for the integration of refugees and asylum seekers, which exacerbates their social isolation and hinders the realisation of their rights.

5. Problems with the implementation of economic and social rights

CERD pointed out numerous barriers faced by asylum seekers in terms of access to housing, healthcare, higher education and employment in Ukraine.

The issue of stateless persons was also a focus of attention for the Committee.

Issues raised by the CERD Committee in the context of stateless persons:

1. Restricting access to the procedure for recognising persons whose country of origin is the Russian Federation as stateless persons.

The Committee is concerned that applications submitted under the procedure for recognising persons associated with the Russian Federation (people who were mainly born in the Russian Federation during the Soviet era) as stateless persons are rejected due to discrimination based on the applicant's ethnic or national origin. Also, according to CERD, the suspension of diplomatic relations between the State party and the Russian Federation hinders the consideration of applications. This is because to obtain stateless person status or Ukrainian citizenship in the future, it is necessary to confirm that the person does not have citizenship of a foreign country, and this cannot be established in the absence of diplomatic relations. Usually, most such people are not recognised as citizens by any country in the world, and confirmation of this point by the relevant authorities is one of the essential steps in the documentation process.

2. Granting powers to the relevant state authorities to apply compulsory expulsion without a court decision

The Committee notes the amendment to the legislative framework set out in Law No. 2952-IX on amendments to various laws related to the protection of the state border, which granted the State Migration Service, the State Border Guard Service and the Security Service discretionary powers to forcibly deport stateless persons without the need for a court decision. The Committee recommended that the legislative framework on statelessness, in particular Law No. 2952-IX, and the procedure for recognising a person as stateless be assessed based on human rights and that the necessary measures be taken to ensure that the framework and procedure comply with international human rights principles and the objectives and goals of the Convention. In particular, this concerns ensuring effective judicial review, compliance with the principle of non-refoulement, and the prevention of racial discrimination based on ethnic or national origin.

3. Lack of statistics on the number of stateless persons in Ukraine

The Committee is concerned about the lack of statistics on stateless persons and their socio-economic situation, as well as reports of an increase in the number of stateless persons due to the war in Ukraine and the large number of internally displaced persons who have lost their documents in the occupied territories, especially after the full-scale invasion in February 2022.

4. Changes introduced by draft law No. 11469 in the context of grounds for loss of citizenship and the spread of statelessness in Ukraine.

The Committee draws attention to the fact that draft law No. 11469 on amendments to various laws of Ukraine regarding the right to acquire and retain Ukrainian citizenship, adopted on 18 June 2025, will allow the authorities, in some instances, to deprive citizens of their citizenship based on acquiring the citizenship of an "aggressor state". Such a step will increase the risk of statelessness for residents of temporarily occupied territories who have obtained Russian citizenship under pressure from the occupying authorities. It may also lead to problems with accessing basic services, including medical care and social benefits, as well as employment opportunities.

The Committee recommended that Ukraine develop and implement measures to mitigate the consequences of the problem and combat statelessness arising from the war, especially among internally displaced persons from the occupied territories who have lost their documents. CERD recommended reviewing draft Law No. 11469 and ensuring its compliance with international standards and conventions on preventing and combating statelessness. This will help prevent statelessness among children born to asylum seekers and residents of occupied territories who have been granted Russian citizenship under duress or to access basic services.

5. Issues surrounding the registration of births of children of stateless persons

The Committee drew attention to the difficulties encountered in registering births and granting citizenship to children born in Ukraine to parents who are asylum seekers, stateless persons, or undocumented migrants.

Separately, CERD emphasised the importance of involving civil society in monitoring Ukraine's implementation of its obligations. The recommendations refer to the need to "continue consultations and strengthen dialogue with civil society organisations, in particular those working in the field of combating racial discrimination," during the preparation of the following report.

Next Steps for Ukraine

In its concluding observations, CERD obliged Ukraine to provide, within one year of the adoption of the document, updated information on the implementation of the recommendations set out in 34 (c) (refugees and asylum seekers) and 36 (a) and (e) (stateless persons).

Link

The full text of the Concluding Observations is available at: