Udlændinge- og Integrationsudvalget 2022-23 (2. samling)
UUI Alm.del Bilag 40
Offentligt
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PUBLIC ADVOCACY STATEMENT
NGOs mark one year since activation of the Temporary Protection Directive
and call for continued support to refugees from Ukraine
2 March 2023
On 4 March 2022, in the spirit of solidarity with the people of Ukraine, the Council of the
European Union unanimously activated the Temporary Protection Directive (TPD) - for the
first time since it was adopted in 2001. This landmark decision has allowed millions of
refugees from Ukraine immediate and collective access to protection, rights and essential
services in the EU Member States. Nearly 4.9 million people, mostly women and children,
have benefited from temporary protection or similar national schemes across Europe.
We, organizations providing assistance inside Ukraine, to refugees who have fled the
country, and to host communities, welcome the activation of the TPD and all practical steps
undertaken by the governments, along with civil society and citizens, to welcome and
support refugees from Ukraine. Among others, this includes adapting and scaling up
Member States’ reception capacities, providing public and privately-hosted accommodation,
and introducing targeted financial assistance. Yet, ensuring all refugees from Ukraine enjoy
the rights provided by the TPD has not been without challenges. We call on the EU and
Member States to redouble efforts to ensure its effective, uniform and inclusive
implementation by addressing the following issues:
Address barriers to enjoyment of status and rights
Inconsistent implementation of the TPD across Member States generates uncertainty among
people about their status, rights and protection, especially those in vulnerable situations.
Refugees face multiple practical, legal, and administrative barriers when trying to access
rights and services. These include the limited scope of the TPD’s application vis-a-vis third
country nationals (TCNs) and stateless persons; obstacles for TCNs who are eligible for
temporary protection to obtain this status; different interpretations of critical definitions (for
example, “family” and “vulnerable persons'') by various national authorities; difficulties
re-entering EU countries after short-term visits to Ukraine (and maintaining legal status and
related access to benefits); and limitations on free movement and transferring protection
between Member States. Even in cases where protection has been granted, practical
barriers to enjoying derived rights can range from unsanitary premises, incomplete
information on available assistance, non-systematic referrals to specialized care, or lack of
adequate translation support. Currently, 7 out of 10 refugees in countries neighbouring
Ukraine report that they are unable to meet their basic needs on the basis of their income
and support received. In addition, women and girls are at heightened risk of sexual
exploitation and abuse especially in unvetted private accommodations and while seeking
basic services. Adolescent girls, Roma women and LGBTQ+ persons reportedly also face
additional GBV and trafficking risks, in addition to heightened challenges accessing basic
needs and protection services.
 UUI, Alm.del - 2022-23 (2. samling) - Bilag 40: Anbefalinger ift. midlertidig beskyttelse af flygtninge fra Ukraine, fra Dansk Flygtningehjælp
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PUBLIC ADVOCACY STATEMENT
Protect children and ensure they are in school
Children account for nearly 40% of refugees from Ukraine. Many have been exposed to high
levels of stress and traumatic events and separation from loved ones requiring adequate
mental health support. Moreover, a substantial number of children arrive without their
parents, mostly accompanied by caregivers, and require adequate alternative care.
Worryingly, despite the fact that the TPD guarantees the right for children from Ukraine to
access national school systems, two out of three children are not currently enrolled in the
host country’s education system. Capacity issues in some EU countries are a key challenge,
but also a perceived discrepancy between school attainment certifications, and the
expectations of parents and children regarding the length of their stay in the host country.
Ensuring these children are in school is essential for their sense of well-being and belonging.
Targeted programming for children with disabilities needs to also be urgently scaled up
within host countries.
Protect non-Ukrainians, stateless people and Roma fleeing Ukraine
TCNs fleeing Ukraine struggle to access the same rights and status as Ukrainians in Europe.
TCNs who may have protection needs, particularly asylum seekers and many stateless
people, are not eligible for protection under the current TPD scope. Discriminatory practices
have been reported in relation to TCNs who previously benefited from international
protection in Ukraine. Some wait up to five months to receive temporary protection, while
Ukrainian nationals receive documents on the day of application in 17 countries. Some are
misdirected to the asylum procedure in the EU despite being eligible for temporary
protection. Roma refugees from Ukraine are also subject to exacerbated discrimination in EU
host countries. They face additional barriers when accessing services, including housing,
employment, information, legal aid and education.
Prevent backsliding of support
Despite the extension of the EU TPD until March 2024, some host countries introduced
legislative changes in their national temporary protection schemes to shorten registration
deadlines and reduce governmental support for refugees’ accommodation. Such measures
risk aggravating the precariousness and social isolation of refugees unable to work to cover
these costs, be it because of their disabilities, vulnerabilities or competing responsibilities as
heads of households. Further, there are tendencies in some Member States to lower
standards of alternative care for children arriving without their parents to accommodate
larger groups of children, jeopardizing standards of tailored community-based quality
alternative care. We reiterate that the TPD gives the right to all people fleeing the conflict in
Ukraine to immediately access residence permits, suitable accommodation, medical care
and social welfare irrespective of their occupational status.
Invest in refugee inclusion and longer-term solutions from the start
 UUI, Alm.del - 2022-23 (2. samling) - Bilag 40: Anbefalinger ift. midlertidig beskyttelse af flygtninge fra Ukraine, fra Dansk Flygtningehjælp
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PUBLIC ADVOCACY STATEMENT
With no end to the war in Ukraine in sight, and though the vast majority of refugees have
continuous hope to go back to their homes, the reality today is that voluntary, safe, and
sustainable returns are far from possible. We welcome the extension of the TPD until March
2024. Member States must now ensure the timely renewal and/or issuance of residence
permits, at least for the whole duration of the TPD regime, as provided in the European
Commission’s operational guidelines. Early investments into alternative clear pathways into
other statuses for legal stay beyond the duration of the TPD are also key to enable refugees
to plan ahead and to make informed and voluntary choices about their future. Alongside
emergency assistance, support to refugees must now focus on their inclusion into host
societies through access to housing, labour markets, education and other national systems,
to help them become more self-reliant and promote their social participation. Special
attention should be given to enabling swift and destigmatized access to mental health and
psychosocial support in order to guarantee protection commensurate with the trauma
experienced by refugees from Ukraine. To support future sustainable returns and
reintegration, the needs and perspectives of refugees must be part of Ukraine’s recovery and
reconstruction agenda.
Promote equal treatment of refugees
Notwithstanding the challenges with the implementation of the TPD, its activation and the
significant efforts by European governments to welcome refugees from Ukraine have had a
hugely positive impact on millions of people’s lives. It also puts in perspective Europe’s
unwillingness to extend this welcome to other refugees, as priority is placed on deterring
them from arriving and containing them once they do. Children and their families from other
conflict-affected countries face deadly journeys, closed borders and violence in their search
for safety in Europe. Upon arrival, they are greeted with restrictions on movement, often in
overcrowded camps or reception centers with inadequate access to protection and services.
Europe has shown that it is possible to offer safe and legal routes to safety, freedom of
movement, and support to refugees to rebuild their lives. Looking ahead, this must be the
norm when there is significant displacement into Europe, not the exception.
We call on EU Member States to:
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Ensure that all people fleeing Ukraine continue to have access to the territory of the
EU, swift registration for temporary protection without facing additional
administrative burdens, and information about temporary protection and rights it
provides in relevant languages and accessible formats.
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Provide access to legal remedies, when registration for temporary protection is
denied, and access to fair and well-resourced asylum procedures alongside the
temporary protection for those who request it.
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Expand the capacity of national education systems, and strengthen the capacity of
teachers to support the integration of students from different backgrounds. Ensure
 UUI, Alm.del - 2022-23 (2. samling) - Bilag 40: Anbefalinger ift. midlertidig beskyttelse af flygtninge fra Ukraine, fra Dansk Flygtningehjælp
PUBLIC ADVOCACY STATEMENT
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that refugees from Ukraine are aware of their right to access education in the local
system.
Strengthen the provision of mental health and psychosocial support services to
refugees from Ukraine to enable them to overcome conflict-induced trauma.
Guarantee that refugees receive support that addresses their immediate and
longer-term needs through inclusion into national systems (such as healthcare, labor,
education, social protection, etc.), tailored to identified vulnerabilities and
empowering all refugees to make informed and voluntary decisions about their
future.
Ensure broad, inclusive and non-discriminatory application of the Temporary
Protection Directive, in particular by extending its scope to all non-Ukrainians fleeing
Ukraine who cannot safely return to their country of origin. Member States should
ensure equal treatment for third country nationals eligible for temporary protection.
Provide timely residence permits at least for the entire duration of the temporary
protection regime to ensure additional security for the people concerned and to
reduce the administrative burden on relevant government institutions.
Protect people who return to Ukraine temporarily from deregistration of temporary
protection and thus loss of status. Pendular movements should not impact people’s
access to related rights and benefits.
We call on the European Commission to:
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Closely monitor and promptly address any issues with the implementation of the
Temporary Protection Directive, as well as provide clear guidance on the most
identified gaps and divergences (such as in relation to pendular movements,
definitions of “short-term visit” and “voluntary returns”, and measures requiring
temporary protection beneficiaries to cover their accommodation costs).
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Guarantee the availability of up-to-date statistics on the number of applications
introduced, accepted, and refused, disaggregated by country of origin, nationality,
age, and gender, for data-driven policy and decision-making.
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Extend the Temporary Protection Directive beyond 2024 and begin investing now in
options for legal stay beyond 2025 to enable people to plan and have certainty about
their futures. These options should be tailored to the needs of vulnerable groups and
might include labour mobility schemes and long-term residence opportunities, in
addition to well-resourced asylum systems capable of processing a future rise in
applications.
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Ensure that durable solutions for displaced populations are placed at the center of
Ukraine’s recovery and reconstruction planning, in order to enable sustainable and
voluntary returns and reintegration of refugees once the situation allows.
 UUI, Alm.del - 2022-23 (2. samling) - Bilag 40: Anbefalinger ift. midlertidig beskyttelse af flygtninge fra Ukraine, fra Dansk Flygtningehjælp
PUBLIC ADVOCACY STATEMENT
Signatories:
1. Action against Hunger
2. Caritas Europa
3. CF «Right to Protection» (R2P)
4. Child Circle
5. Churches’ Commission for Migrants in Europe (CCME)
6. Danish Refugee Council
7. EasyECO Association
8. E-Romnja - The Association for Promoting Roma Women’s Rights
9. HIAS Europe
10. Immigrant Council of Ireland
11. International Rescue Committee
12. Jesuit Refugee Service Europe
13. Kids in Need of Defense (KIND)
14. Mercy Corps
15. Oxfam
16. Plan International
17. Save the Children
18. SOS Children’s Villages
19. Fundacja Aktywizacji i Integracji Nowe