Position of human rights defenders: the draft law on multiple citizenship creates threats for residents of the occupied territories

The Verkhovna Rada of Ukraine is set to consider in the second reading the Draft Law on Amendments to Certain Laws of Ukraine on Ensuring the Exercise of the Right to Acquire and Retain Ukrainian Citizenship (Reg. No. 11469). Often referred to as the “draft law on multiple citizenship”, the draft law provides for, among other things, a revision of the grounds for losing Ukrainian citizenship. The updated list of such grounds creates risks of loss of Ukrainian citizenship for residents of the temporarily occupied territories (hereinafter – TOT) of Ukraine, as well as for those affected by the occupation. 

We, the representatives of the coalition of organisations dealing with the protection of the rights of victims of armed aggression against Ukraine, have repeatedly drawn the attention of the members of the Ukrainian Parliament to the systemic problems and risks contained in draft law 11469. Some of these proposals were taken into account, but critical issues remain.

We are convinced that regulating the issue of multiple citizenship is extremely important, particularly in the context of Ukraine’s European integration and preservation of the unity of Ukrainian society. However, the relevant regulation should be carried out in compliance with the principles of legal certainty, which is an essential component of the rule of law. And behind the important provisions on multiple citizenship should not be hidden rules that significantly worsen the situation of Ukrainian citizens living under occupation.

We want to emphasise that the Ukrainian state consistently does not recognise Russian citizenship acquired in the TOT of Ukraine. This position is supported by both Ukrainian society and international partners. The world does not recognise documents issued during the occupation, including passports confirming Russian citizenship. The large-scale practice of imposing Russian citizenship in the TOT of Ukraine is a gross violation of international law and is qualified as a war crime under Ukrainian law.

We are convinced that acquiring citizenship in the TOT of Ukraine is not voluntary by default and should not entail the loss of Ukrainian citizenship. The state’s policy should be consistent: if we consider the TOT to be part of Ukraine and the people who remain there to be citizens of Ukraine, we cannot simultaneously send signals of readiness to abandon them, punish them or deprive them of citizenship. We must protect them, even if they were forced to accept decisions imposed by the occupying power.

An analysis of the provisions of draft law No. 11469 indicates that its certain rules threaten national unity, violate the principle of legal certainty and create risks for the reintegration of TOT residents due to the possible loss of citizenship under such circumstances (proposals to Article 19 of the Law of Ukraine “On Citizenship of Ukraine”):

• Posing a threat to the national security and/or national interests of Ukraine as defined by the Law of Ukraine “On National Security of Ukraine”. This exception allows for wide discretion by authorised state actors and does not provide a clear understanding of how these threats will be interpreted in practice. Ukrainians, even those who live under occupation and are forced to acquire Russian citizenship, cannot know what actions they may take that pose a threat to Ukraine’s national security or national interests.
• The entry into legal force of a court verdict against persons convicted in Ukraine of a crime against the foundations of national security of Ukraine, against peace, human security and international law and order, etc. In fact, deprivation of citizenship is becoming a form of criminal punishment, which contradicts the Criminal Code of Ukraine. An analysis of the practice of applying legislation on crimes against the foundations of Ukraine’s national security (in particular, collaborative activities) shows that the provisions of national legislation do not comply with international humanitarian law. Individuals who ensure the functioning of civilian life in the occupied territories such as medical staff, firefighters, and public utility workers may be held criminally liable. Potentially, the legislation on collaborative activity could be applied to hundreds of thousands of Ukrainians who remain under occupation.
• Establishment of the fact of participation in the armed aggression against Ukraine and/or participation in the occupation administration of the Russian Federation in the TOT of Ukraine. At the same time, the draft law does not mention how this fact should be established or confirmed. At the same time, holding any position in the occupation authorities by a citizen of Ukraine is already qualified as collaborative activity, regardless of the nature of the functions performed. This category includes both those who actually committed actions to the detriment of national security and those who continued to perform functions in the social, pension, housing and utilities sectors, etc. and ensured the survival of the most vulnerable segments of the population.

In addition to creating significant risks of losing Ukrainian citizenship for residents of the TOT of Ukraine, the draft law contains other risks, in particular, it unreasonably narrows the circle of persons who can acquire Ukrainian citizenship. This does not comply with Ukraine’s international obligations to reduce statelessness, contradicts international and national law, the law of the European Union, and its individual provisions narrow the content and scope of existing rights and freedoms of children of the relevant categories stipulated by the current version of the Law of Ukraine “On Citizenship of Ukraine”. 

We are convinced that the Draft Law No. 11469 contains significant risks and therefore needs to be revised. If adopted in the current version, the draft law will create significant risks of violation of citizenship rights for residents of the temporarily occupied territory of Ukraine, as well as stateless persons, persons in need of complementary protection, their children and children of asylum seekers in Ukraine. 

Signed by:

Human Rights Centre ZMINA

Donbas SOS

CO CF Stabilization Support Services

CF East SOS

Crimean Human Rights Group

Civil Holding GROUP OF INFLUENCE 

Charitable Fund Right to Protection

CrimeaSOS