Military Ombudsman: Will the New Institute Become an Effective Tool for Protecting the Rights of Ukrainian Defenders

The war, which has been going on for the third year in a row, not only divided the lives of Ukrainians into “before” and “after”, but also exposed painful problems that had been kept silent for years. Among them are violations of the rights and freedoms of “people in uniform”, those who protect our state. It so happened that the defenders themselves found themselves defenseless, and this has become the bitter truth of our time. Military personnel and their families face a bureaucratic system, indifference of officials, imperfect social protection, blatant neglect of their needs and even become objects of abuse every day. And now, when thousands of soldiers are fighting for survival not only in a war with the enemy, but also in a battle with their own system, the President of Ukraine announced the creation of the military ombudsman institute. Sounds like a revolutionary step! But to what extent will this be a real change, and not another declaration of intentions that will be lost among paper resolutions?

Creation of the institute of military ombudsman

In Ukraine, the institute of the military ombudsman is finally being launched – a step that is long overdue in a society where servicemen not only fight for the freedom of the state, but also often face bureaucratic difficulties, arbitrariness of officials and violation of their own rights. Complaints from the military about the violation of their rights are increasing: to the hotlines of the government, the Ministry of Defense, the Commissioner of the Verkhovna Rada, and human rights organizations, the military mostly complain about problems related to monetary maintenance and payments, vacation and medical treatment, low-quality equipment and weapons, there is also criticism of medical commissions and violations of the mobilization procedure.

In these conditions, which have been going on for almost three years now, the creation of the military ombudsman institute has become not just a logical step, but an urgent necessity. President Volodymyr Zelensky announced preparations for the creation of this body, which should be a key mechanism for solving the urgent problems of military personnel and their families. On December 30, he appointed the commissioner for the protection of the rights of servicemen and their families, who became Olga Reshetylova (Kobylinska), a Ukrainian human rights defender, investigative journalist and public figure. She is the coordinator of the “Media Initiative for Human Rights” and the project manager of the Ukrainian Helsinki Union for Human Rights. Its activities cover the protection of human rights, investigation of violations and advocacy at the national and international levels.

At the same time, the president emphasized that the military ombudsman will not work in a vacuum, but will be able to cooperate with the Ministry of Defense, the Military Law and Order Service, law enforcement agencies and public structures. Its key tasks will be checking the supply of the military, combating rights violations, ensuring gender equality, monitoring the provision of medical care and observing the right to vacations.

It should be noted that previously the Minister of Defense of Ukraine Rustem Umyerov emphasized the urgent need to create such a position. He stated that the system works inefficiently: violations of the rights of the military are becoming the norm, starting from security and ending with medical care. At the same time, commanders abuse their authority, the military faces the disregard of their social guarantees, and gender equality in the Armed Forces remains far from the standards.

In addition, the minister emphasized that the problems of the system are deep, but without adequate funding and independence of the ombudsman, even the best candidates will not be able to correct the situation. However, his statements raise many questions that still remain unanswered: why has nothing significant been done in the ministry itself? Why are the problems the minister is talking about still unsolved? What is the role of the ministry in protecting the rights of subordinate military personnel?

International experience

The military ombudsman institute has been implemented in many countries of the world, it is an extremely important tool for protecting the rights of servicemen and ensuring democratic control over the defense sector. This institution not only serves as a bridge between the military and state structures, but also ensures prompt resolution of problems related to the violation of the rights of those who defend their country.

For the first time, the institute of the military ombudsman appeared in Sweden back in 1915. Its main purpose was to ensure the rights of soldiers and officers even within the strict military discipline. The ombudsman in Sweden monitored the activities of the command, considered the complaints of servicemen and ensured that fair and legal procedures were followed. After the Second World War, the concept of a military ombudsman took on a new meaning. Democracies have begun to recognize that the rights of the military must be under special protection, as these people are often the most vulnerable to the system’s arbitrariness.

Today, there are several models of operation of military ombudsmen. In Norway, for example, the military ombudsman is integrated into the parliamentary system. It reports to the parliament, which ensures its independence and allows for direct consideration of servicemen’s complaints. Such a model guarantees maximum transparency and accountability, because the ombudsman controls the conditions of service, compliance with standards and legality in the armed forces.

In Canada, the military ombudsman works within the Ministry of Defence, but has autonomy in its activities. This approach allows for prompt resolution of issues related to the violation of military rights, but raises questions about the body’s complete independence.

In the USA, the military ombudsman functions are performed by the commissioners for the protection of the rights of servicemen and the system of inspectors general. They work in military structures, review complaints, conduct investigations, and report on violations to Congress. Germany is an example of an independent model where the military ombudsman is accountable to parliament and society, which ensures maximum freedom of action.

Conditions of effective activity of the military ombudsman in Ukraine

The ombudsman institute in Ukraine was introduced in 1998, it became an important mechanism for protecting the rights of citizens and countering the abuse of state bodies. Its functions are aimed at ensuring transparency and accountability of the system, prompt response to citizens’ complaints, as well as creation of a communication channel between society and the state. In international practice, the institution of the ombudsman has long proven itself as an effective tool for resolving legal conflicts. There are specialized ombudsmen around the world who focus on protecting the rights of the most vulnerable groups, such as children or refugees.

In the Ukrainian context, the problem of violation of the rights of “people in uniform” has always existed, but it became especially acute during the war. Their protection is a difficult task due to the specifics of military service, which imposes limitations on time and opportunities to protect one’s interests. It should be noted that in the conditions of war, complaints of servicemen and their lawyers are constantly submitted to the Verkhovna Rada Commissioner for Human Rights. However, the current institution of the ombudsman cannot cope with their volume, as the representative of the ombudsman in the security and defense sector is forced to perform a wide range of tasks: from the return of abducted children to solving the issues of prisoners of war. Because of this, the issue of the rights of the military remains virtually on the periphery.

That is why the creation of the institute of the military ombudsman will allow to focus exclusively on the protection of the rights of servicemen, ensuring efficiency and purposefulness in solving their problems. This issue has already been repeatedly raised by politicians and human rights defenders, who as early as 2016 called for appropriate amendments to the Constitution to create an independent military ombudsman. However, these initiatives were ignored.

However, time has passed and now a new approach is needed – the creation of a legislative basis for the work of this body with a clear consolidation of its independence. It should be an institution with a special status, which will have all the necessary powers to perform its functions. At the same time, it is important that the military ombudsman acts directly within the Ministry of Defense or has a close relationship with it, since many issues concern communication between military units and the leadership of the defense department. However, a key aspect of the military ombudsman’s effectiveness should be his independence. At the same time, giving such a body access to state secrets and internal information requires a high level of trust, but at the same time, it is impossible to allow this institution to be under the control of the military leadership or dependent on political will.

In addition, the creation of a military ombudsman should take into account the need for public oversight of the security sector. Such a body should work not only with the military, but also with representatives of other structures, such as border guards, the National Guard or intelligence services. Public scrutiny should provide an additional level of transparency and accountability, which is critical in a democratic society.

So, in Ukraine, the creation of the military ombudsman institute is an urgent need, but this process, as always in our country, faces numerous problems. In 2019, a draft law was developed that provided for the introduction of a military ombudsman, but the Constitutional Court declared it unconstitutional. This shows that the implementation of this institution requires not only a legislative basis, but also political will, which has been absent for so many years. It is quite obvious that the status of the military ombudsman should be enshrined at the legislative level, and not through the issuance of resolutions or orders of the government or the Ministry of Defense. This will guarantee the independence of the body and make its powers clear and transparent.

One of the most important characteristics of the military ombudsman is his access to regime facilities, military units and state secrets. Without this, the ombudsman will not be able to perform his duties effectively. In addition, it is important to define the categories of persons who will have the right to apply to the ombudsman. It should be not only active military personnel, but also veterans, their family members and former military personnel, who often face bureaucratic obstacles in resolving their issues. The ombudsman should have the right to independently initiate investigations, conduct them as they do in foreign countries, and intervene in cases of violations of military rights.

Another key aspect is the transparency of the ombudsman appointment procedure. Ideally, the candidate should be elected through an open competition, the results of which are approved by the parliament. The term of office of the ombudsman should exceed the term of office of the parliament in order to avoid the risks of political manipulation and ensure the stability of the work of the body. However, no competition was held in our country, the military commissioner was appointed by presidential decree, which, from the very beginning of the institution of the ombudsman, raises certain doubts about its independence.

One more point should be taken into account. The creation of a military ombudsman in Ukraine is not only a matter of legislation, but also a test for the entire political system. This institution should become the voice of those who hold the defense of the country and ensure that their rights are not violated. For Ukraine, the parliamentary or independent military ombudsman model is the most appropriate. These models make it possible to avoid political influence as much as possible and ensure real accountability of the body to society. It is still unknown which of them the president will choose.

However, without real independence, access to the necessary information and clearly defined powers, this initiative, like many others, risks remaining declarative. Ukraine needs a military ombudsman capable of working effectively and not being a bureaucratic attribute created for reports and other paperwork.

Therefore, if the ombudsman is dependent on political will or limited in his powers, the system will continue to remain deaf to the problems of the military. Everything depends on how openly the state is ready to admit its mistakes and change its approach to our defenders. Ukraine has no right to fail this initiative. The military ombudsman should become someone who will make defenders’ voices heard and their rights protected. Otherwise, we risk not only losing the trust of those who defend our state, but also turning another promise into another farce in the performance of officials.