Delasari Krisda Putri
Legal Fellow
Ukraine’s recent mobilization law, is a bold move to fortify the nation’s military prowess amid the ongoing conflict with Russia. This legislation, signed into effect by President Volodymyr Zelenskiy on the 16th of April 2024, introduces significant changes aimed at strengthening the armed forces and adapting to the evolving landscape of warfare.
However, the law has far-reaching human rights implications as it directly impacts Ukrainian men’s right to freedom of movement, while its strict enforcement measures could lead to problems of statelessness and other human rights issues. Additionally, its implementation will likely exacerbate food shortages within Ukraine and worldwide, further impacting human rights and international involvement in the region.
Key amendments include clearer rules to streamline military registration and mobilization processes, fewer exemptions from military service, lowering the mobilization age, and stricter enforcement measures to deter draft dodging. The law mandates, within 60 days, all males aged 18 to 60 update their personal information at military draft centres or online, including their residential address. Failure to comply with this requirement could lead to a court order prohibiting the individual from using their private transportation.
Approximately 20,000 men fled the country to evade conscription between February 2022 and November 2023
The compulsory registration and possible conscription mandated by the new law infringe upon individuals’ freedom of movement and potentially restricts their freedom to travel or live without constraints. By requiring men carry military registration and present it when crossing borders and getting passports, while increasing enforcement measures, the risk of direct and indirect infringements on their rights increases.
The significant number of men fleeing the country to evade conscription underscores the severity of the situation. According to the BBC, approximately 20,000 men fled the country to evade conscription between February 2022 and November 2023. The fact that many were caught attempting to escape suggests that these restrictions not only inhibit freedom of movement but can also lead to punitive measures. Moreover, individuals who are compelled to update their personal information and potentially face conscription may experience heightened anxiety and fear of arbitrary detention or punishment. This undermines their sense of security and well-being, further evidencing the human rights implications of the new law.
Additionally, failure to update personal information by the specified deadline for men residing abroad will lead to the denial of consular services, including the issuance of a new passport. This poses significant concerns for Ukrainians abroad who may risk statelessness if they fail to comply. Statelessness arises when an individual is not recognized as a national by any country according to its laws. Therefore, if Ukrainians abroad cannot access consular services to renew their passports, they may be unable to assert their nationality or acquire documentation confirming their citizenship, effectively rendering them stateless.
The consequences of statelessness are severe, as individuals may be deprived of fundamental rights and protections granted to citizens. Without nationality, accessing education, healthcare, employment, and essential services becomes challenging. This is particularly concerning given the highly criticized failure of the new law to include measures enabling the demobilisation of military personnel after 36 months. With no end in sight, its implementation will compound existing challenges as Ukrainian men’s choice of conscription or escape continues to strain Ukraine’s agricultural sector and exacerbate food insecurity.
Prior to the conflict, agriculture played a crucial role in Ukraine’s economy, accounting for approximately 20 percent of Ukraine’s GDP, agriculture was its most valuable export. However, the war inflicted substantial damage to the agricultural sector. The loss of agricultural productivity not only affects food availability within Ukraine, contributing to a contraction of the economy, but also impacts the country’s ability to contribute to global food markets.
Statewide military mobilisation can disrupt various aspects of a food system, from production to distribution. According to the UN World Food Program (WFP), 14 million Ukrainians have been displaced by the war and 18 million people across Ukraine need humanitarian assistance today. Yet, the diversion of agricultural workers to fulfil military obligations may lead to further labour shortages, potentially affecting crop yields and agricultural output. This, in turn, leads to food shortages and price fluctuations, particularly for essential commodities. As of now, there is a comprehensive evaluation of the repercussions of the war on Ukraine’s agricultural labour force. Nonetheless, the notable migration of farmers from the agricultural sector to enlist in Ukraine’s armed forces serves as compelling evidence of its indirect ramifications for food systems.
The diversion of agricultural workers to fulfil military obligations may lead to further labour shortages, potentially affecting crop yields and agricultural output
Moreover, the implementation of the law could potentially escalate third-party involvement in its military campaign. As Ukraine endeavours to fortify its military prowess through mobilization, its poised to solicit assistance from allied nations and international collaborators to augment its defence capabilities. Given Ukraine’s concerted efforts to bolster its defence posture, nations with shared strategic goals or vested interests in the region may be more inclined to extend their support, including financial aid, military hardware, training provisions, and logistical backing. Furthermore, the surge in international support for Ukraine’s military endeavours may be propelled by geopolitical imperatives, existing alliances, or commitments to safeguarding global security and stability.
In summary, Ukraine’s enactment of the mobilization law represents a significant stride in enhancing the nation’s military capacity amidst the ongoing conflict. Yet, its enforcement raises apprehensions concerning human rights and will likely exacerbate prevailing challenges within Ukraine’s agricultural sector. Nevertheless, the augmented international support for Ukraine’s military endeavours underscores solidarity. Still, a thorough assessment of the broader ramifications on human rights, food systems, and regional stability remains imperative.