It is not only a violation of human rights but also useless; it imposes drastic decisions on families and creates new vulnerabilities. With renewal of martial law and mobilization law expected in August, Ukraine should reconsider its travel ban on male population
In response to the Russian invasion of Ukraine launched in February 2022, Ukrainian President Volodymyr Zelensky immediately declared martial law and a general mobilization. On the evening of February 24, 2022, it was announced that men between 18 and 60 would not be allowed to leave the country. More than 500 days later, as the war continues unabated, the travel ban for adult men in this age group remains in effect with minor exceptions involving parents of three or more children, the disabled and few other categories of citizens . As a result, millions of Ukrainian men are unable to leave the country even though most of them are not drafted into the army, are not involved in any military training, and are therefore effectively civilians with no incumbent obligations towards the ongoing war.
From the outset, this ban has forced untenable decisions on families who have had to choose whether to remain united in a war zone or separate, increasing the vulnerability of all involved: men, women and children. This measure also predictably fostered corruption, as it created a black market for the crossing of borders also by resorting to traffickers . As it quickly emerged, the ban ultimately lacks practical or strategic sense as the Ukrainian military has consistently replenished its ranks without resorting to forced conscription, which would be problematic in any case.
The choice has received some criticism, but has largely gone quietly, partly due to the strong support enjoyed by the current Ukrainian wartime leadership and the widespread recognition that Ukraine is fighting a defensive and existential war. At the international level, the tacit support for the male expatriation ban may also be linked to the fact that it implicitly reaffirms how this war will be fought by Ukrainian citizens, without the direct involvement of foreign armies. Probably even more important is the fact that this policy is consistent with an essentialist gender perspective which identifies men as fighters and defenders of the homeland and women as victims in need of protection.
This stereotypical view is obviously problematic for a number of reasons, including the fact that civilian men are exceptionally vulnerable in war zones as they are more likely to be subjected to summary execution or treated as combatants. Furthermore, as has evidently emerged in Ukraine, women themselves can obviously take active roles in the military. About 50,000 women are currently in service in the Ukrainian Army including 5,000 in frontline combat roles. As it highlights Olya Oliker su Foreign Affairs , “to build a truly modern army, Ukraine needs not only the most innovative weapons but also state-of-the-art approaches to recruiting and retaining the best personnel”; further facilitating and promoting the involvement of women volunteers in warfare may be more effective than resorting to the forced mobilization of men.
A study recently published byHuman Security Lab of the University of Massachusetts Amherst, “Protect the right of civilian men to flee the war in Ukraine “ (also discussed with its lead author in a recent podcast of Crisis Group ) includes poll results showing that, while there is still broad support for the measure, most Ukrainians would prefer to see changes to the current travel ban. In recommending that the ban be lifted, the report highlights that this ban has “unclear strategic benefits but several disadvantages”, including a negative impact on the morale of the population . The study also recommended that Ukraine’s allies in the West “encourage Zelensky to relax the travel ban on male civilians, citing both human rights standards and strategic imperatives”; also regarding global civil society organizations, they “should openly support and ensure the protection of all civilians, regardless of gender”.
Most importantly, as argued in this report and elsewhere , is that the current ban is a blatant violation of human rights and must be denounced as such. From the first weeks of the war, experts have criticized the ban on expatriation for both moral and practical reasons while clearly acknowledging and respecting the fact that, as a victim of an aggressive war with an obligation to protect its population from an invading army, the Kyivan government has the right to take exceptional measures which would not be justified in peacetime. However, this policy is both harmful and futile as it leads to a huge number of prolonged involuntary family separations and deprives millions of their freedom of movement with no apparent benefit to Ukraine’s war effort. Instead, more flexible solutions should be preferred which allow both civilians and military personnel on leave to cross the border, possibly encouraging (but not imposing) a commitment to return home if summoned. With the renewal of martial law and mobilization law expected in August, Ukraine is expected to reconsider its travel ban on male population.
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