On 18 June, the Ministry of Reintegration of Temporarily Occupied Territories adopted Order No. 160, effective 28 June, to regulate the reservation process for CSOs funded by international donors. This development is crucial for maintaining the uninterrupted operation of CSOs, which play a vital role in humanitarian efforts and supporting Ukraine's economy and livelihood during martial law.
Mobilisation Law introduced to increase the number of soldiers available
In April 2024, Ukraine introduced a ‘Mobilisation Law’ with the hope of replenishing manpower on the front lines. According to the new law, all men of eligible age must register with the military and may be called to serve in the army. The law received criticism for its lack of demobilisation measures, as well as potential political abuse.
Regulating CSO reserves during mobilisation
Order No. 160 establishes a structured process for reserving CSO personnel during mobilisation, thus allowing them to defer military service. This order includes detailed procedures for document submission, consideration, exclusion processes, and information on appeal possibility. By formalising these steps, the order can support CSOs to continue their critical work without disruption. Amid ongoing military action and the need for robust humanitarian support, the ability of CSOs to operate smoothly is more important than ever. This regulation provides a framework to protect certain CSOs from the operational challenges posed by the mobilisation of their key personnel.
Impact on civil society and risks of bias
The following developments ensure that CSOs involved in critical humanitarian projects can continue their operations without interruption and provide necessary aid and support to affected populations during mobilisation. The order acknowledges the importance of international donor-funded CSOs, potentially strengthening relationships with international partners and ensuring continued support and funding for critical initiatives.
However, there is no clear definition of the term "critical humanitarian projects" or criteria that define such projects. The list of organisations implementing such projects is approved by the Ministry of Foreign Affairs or the Secretariat of the Cabinet of Ministers of Ukraine. This provides more opportunities for discretion to influence the review of submitted documents, as well as other biased factors in the review and decision-making process. Therefore, the order gives the government significant control over which CSOs are included in the reservation list, which could lead to potential favouritism, affecting the impartiality of the process.
Despite the guidelines, bureaucratic hurdles could still delay the reservation process. While a list of necessary documents exists, there are no appropriate templates to fill in, so each organisation submits them at its own discretion. This has led to cases in which organisations had to resubmit documents multiple times due to unclear wording. CSOs may also face difficulties navigating the appeals process due to a lack of information on the exact procedure of appeals. Thus, the overall success of the order will depend on its implementation.
Moving forward, CSOs should familiarise themselves with the new procedures and ensure they meet the documentation requirements. This development could support the operational resilience of civil society in Ukraine. As the situation evolves, further refinements may be necessary to optimise the balance between national security needs and the indispensable role of CSOs.