Ukraine’s ban on adult men leaving the country to be available for military service is facing mounting criticism and legal challenges as the war continues and the country’s economy falters. Several petitions have been launched calling on the government to overturn the measure, and a group of lawyers have filed lawsuits claiming it violates the constitution. A lawyer also asked the United Nations High Commissioner for Human Rights, Michelle Bachelet, to pressure Kyiv to abandon the rule. “No other country does this,” said Alexander Gumirov, who wrote to Ms Bachelet asking her to intervene. “Not even Russia that is killing us. Now we have come to the situation that we are fighting in the country for freedom and we are less liberal than the country that is attacking us.” The UN commission has yet to respond to the letter, but urged Ukraine to show compassion to those who want to leave. President Volodymyr Zelensky announced the ban – which applies to men aged between 18 and 60 – when he introduced martial law on 24 February. At the time he said the move was necessary “in order to ensure the defense of the state, maintaining combat and mobilization readiness.” It remained in place, although there are several exceptions, including men suffering from a medical condition, foreign students, single fathers and those caring for three or more children. Most observers recognize that Ukraine has the right to mobilize as many people as possible to repel the Russians, including through conscription. But as the war enters its seventh month and jobs become scarce, forcing almost all men to remain in the country has become harder to justify. Critics say the military does not want men who are unable or unwilling to fight. Therefore, they add, it makes no sense to bar millions of unemployed men from going abroad to find work that would support their families and contribute economically to the country. There are also fears that by forcing the men to stay, Kyiv is simply creating targets for Russian soldiers in the occupied territories. Research by political scientist Adam Jones has found that occupying forces typically view male civilians between the ages of 15 and 55 as a threat. Of the 458 people killed during the Russian occupation of the Bucha suburb of Kiev last March, 366 were men. There were also reports that Russian soldiers forced Ukrainian men to fight on the front lines. The ban is “contrary to the constitution and all international laws that Ukraine has adopted and ratified,” said Dmytro Bushanov, a lawyer in Kyiv who is part of the group seeking a legal challenge. He pointed to Article 33 of the Constitution, which gives people “the right to freely leave the territory of Ukraine, with the exception of restrictions established by law.” Mr Bushanov said parliament has not enshrined the requirement in law and instead introduced it as a ministerial decree. “The problem is that if there is a constitutional restriction it should be limited by law and there is no law that says men in such circumstances are prohibited from leaving the country.” Although he regularly practices real estate law, Mr. Bushanov was so incensed by the ban that he took two pro bono cases to fight it. His clients are two men in their 40s who moved to central Ukraine from Donetsk and Mariupol because of the fighting there. Now they can’t find work and both have wives and two children to support. “We need a judge in Ukraine who will make a fair decision,” Mr Bushanov said. In the meantime, he is considering applying to the European Court of Human Rights. He and others say the country’s deteriorating economy has made many men increasingly desperate to leave. A growing number pay bribes or turn to dozens of online services that promise to get men across the border for about US$1,500. Oksana Druchynina’s husband, Denys, took an even riskier path. They lived in Molochansk, near Zaporizhzhia, and both worked at the Mennonite Centre, which is supported by a Canadian charity. When Russian troops occupied the city in late February, the family headed to Kyiv. Ms. Druchynina and their three children went to Abbotsford, BC, while Mr. Druchynina, 27, moved to western Ukraine. He tried to get out by applying for a waiver. When that failed, he decided to try his luck with the Russians. He traveled to southern Ukraine, passed through Russian checkpoints and entered Crimea. From there he spent four days on a bus through Russia to the Latvian border and then waited almost two days to cross. He eventually arrived in Poland, where he is waiting for a Canadian visa. He told his wife that three-quarters of the people on the bus were Ukrainian men. “I understand that not all men want to leave the country,” Ms Druchynina said. “But on the other hand, they don’t need men to fight who don’t want to fight.” Mr Zelensky defended the ban and dismissed the criticism. Responding to a petition that has gathered 27,000 signatures, he said: “Can we show this petition to the parents who lost their sons defending the country?” He has also pointed to a section of the constitution that says freedom of movement can be restricted under martial law. The government has extended some exemptions. From May, men can go abroad for up to 30 days if they serve as volunteer drivers providing humanitarian aid. On September 1, entrepreneurs will be able to leave for a week, but must put down a deposit of about $7,000. And last Saturday, Prime Minister Denys Shmyhal said merchant seamen can cross the border if they receive approval from their local military administration. Some MPs want the government to go further. Heorhii Mazurashu, who belongs to Mr. Zelensky’s Servant of the People Party, has proposed several bills to ease restrictions, but has found little support among his colleagues because the issue is too sensitive. “The main thing is that if we finally move away from emotional decisions … it would be for the benefit of ordinary citizens, the economy, and therefore the defense capability and the country as a whole,” he said. Our Morning Update and Afternoon Update newsletters are written by Globe editors, giving you a concise summary of the day’s most important headlines. Sign up today.
