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The Subversion of Women’s Rights in the

Midst of Democratization and

Free Market Reforms

A Gender Accountability Report

For Ukraine

 

 

Prepared By Janell Jenkins

Monterey Institute of International Studies

Advanced Gender & Development

Dr. Nüket Kardam

December 2002

 

 

The present status of women in Ukraine is fully conditioned by the changes being experienced by the Ukrainian state in the process of development of market economy and radical changes in its economic and social structure. All the difficulties of the transition period, social and economic hardships, affect women with particular acuteness.

--Suzanna Stanik Ukraine Minister of Justice at the Special Session of the General Assembly, 2002

Abstract

This paper examines the extent of gender accountability in Ukraine. Is Ukraine upholding its commitment to the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)? Does Ukraine maintain the principles of the global gender equity regime? To what extent does Ukraine accept, cooperate with and respond to the gender equity regime? Does it enforce CEDAW? What, if any, monitoring mechanisms are set up? What legal changes has Ukraine made in order to adopt the norms of the global gender equity regime? Finally, what are the constraints of gender equity?

This paper evaluates Ukraine’s role in the Global Gender Equity Regime through a study of the national women’s machinery, civil society, NGOs and the women’s movement in Ukraine. The author highlights two issues impacting women’s rights in Ukraine: human trafficking and poverty. The final section offers recommendations and a conclusion. The author concludes that gender accountability in Ukraine is largely dependent upon international donors and NGOs.

Introduction & Definitions

Despite significant strides in the global women’s movement, women still do not hold equal status to men in terms of civil, political and economic rights. Women around the globe continue to suffer from poverty, violence and discrimination despite international resolutions to end these conditions. Worldwide, women and girls continue to be targets of human rights violations and oppression. Rape, poverty, domestic violence, inadequate healthcare, limited access to education and political participation are persistent obstacles to women’s rights. The Beijing Declaration and Platform for Action expresses a commitment to the eradication of poverty and to the advancement of women’s, in recognition of the inherent human dignity of men and women as set forth in the U.N. Charter. Nonetheless, seven years after the Beijing Conference, women remain disproportionately represented among the world’s most impoverished and vulnerable citizens.

Women continue to suffer from violations of their basic human rights because of a lack of gender accountability on the part of organizations and states. Globally, organizations and state governments are failing to fully implement apparatus and principles that ensure women’s human rights. Gender accountability refers to "the responsiveness to the structure of relationships between women and men and the interests of the latter at two different levels: the organizational and political." Organizational responsiveness dictates that women’s interests are incorporated into the objectives of organizations. Political responsiveness requires gender sensitive legislation and a political culture committed to gender equality and women’s political participation, and the institutional capacity to realize this commitment to carry out gender sensitive policies.

The global gender equity regime is comprised of the rules, norms, and decision-making procedures based on the principles of 1) women’s political participation, and, 2) active empowerment of women and promotion of equality between the sexes (including positive discrimination measures). The rules, norms and decision-making procedures of this regime exist in the documents from the five UN World Conferences on women including Mexico City, Copenhagen, Nairobi, Beijing, and New York. Perhaps the most significant legal tool is the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) .

Ukraine in the Global Gender Equity Regime

Ukraine entered into the global gender equity regime in 1980. The first step to a state’s participation in this international regime is its signing and ratification of CEDAW. Ukraine signed CEDAW when it was still part of the former Soviet Union on July 17, 1980. The Committee on CEDAW received the instrument of ratification on March 12, 1981. CEDAW entered into effect in September 1981. Ukraine signed, but did not ratify the optional protocol of CEDAW.

The structural context of Ukraine’s signing of CEDAW is marked by the economic and environmental disaster of Chernobyl and the dissolution of the former Soviet Union. Ukraine’s signing and ratification of CEDAW can in part be attributed to the transitional political climate of the early 1980’s, including the closing of the Cold War. During this period, the former USSR became significantly more open to external discourse and ideas.

Ukraine is obligated to the global gender equity regime through its ratification of a number of Conventions. Ukraine ratified the International Convention on Civil and Political Rights, the Optional Protocol to International Covenant on Civil and Political Rights, the International Covenant on Economic Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention of the Rights of the Child, the Convention Against Discrimination in Education, Equal Remuneration Convention, Maternity Protection Convention, Discrimination (Employment and Occupation) Convention, Convention on the Nationality of Married Women, Convention on the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others, Supplementary Convention on the Abolition of Slavery, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Significant gauges of a state’s compliance with the global gender equity regime are its compliance with CEDAW and its reports to the UN Committee on CEDAW. The frequency and quality of these reports offer insight into gender accountability. Ukraine has provided a total of four reports from 1983, 1987 1991 and 1996 to the CEDAW committee and is completing a report for 2002. While the 1996 report is fairly thorough, reports written by NGO’s indicate that Ukraine’s government report to the Committee does not provide the whole picture of the status of women in Ukraine.

A National Action Plan to foster compliance with the Beijing Platform for Action serves as further indication of a state’s commitment to gender accountability. After its participation in the Beijing Conference, Ukraine adopted an agenda to promote women’s rights beginning with a national conference entitled: Beijing Strategies: Programs of Action In Ukraine. One result of this conference was the adoption of a gender-sensitive Constitution in 1996 that incorporated the principles and norms of the Beijing Conference. Equal rights and opportunities were integrated into the constitution and national legislation. The Constitution of Ukraine guarantees citizens equal rights and freedoms regardless of their sex. Rights, freedoms, equal opportunities and the right to exercise these rights are all present in the Constitution. Women’s equal rights are also embodied in the Code on Marriage and the Family, the Code of Labor Laws, the Criminal Code, the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Offences, the Employment Act and other legislation. Men and women in Ukraine have the right to the full range of social, economic, political and individual rights and freedoms, according to the Constitution and other legislation.

In cases of discrimination, women can report to the authorized Human Rights Representative. This position was created in 1998 and the mandate of the position is to report on gross human rights violations. There is no specific structure to deal with cases of gender-based discrimination in Ukraine.

In 1997, the Cabinet of Ministers of Ukraine adopted the National Plan of Action. This was a three year plan aimed to improve the condition of women in Ukraine. In addition, the Ministry of the Family and Youth in conjunction with other ministries and organizations drafted a Concept paper and a Declaration paper to improve the situation of women in Ukraine. These drafts were prepared consistent with principles of the Beijing Declaration and Platform for Action and CEDAW. In July 1995, the Parliament held hearings on the recommendations put forth in the Beijing conference and CEDAW. The objectives of the Concept and Declaration papers drafted by the Ukrainian government are the following: more effective use by women of the legal system to protect their personal rights; increased competitiveness by women in the labor market and the improved adjustment of women to the new economic conditions; the creation of conditions for safe motherhood; greater participation by women in political and economic decision-making at all levels; and, the prevention of violence against women. Local government, women’s organizations and women’s charitable funds were actively involved in the promotion of these objectives.

Ukraine, in partnership with United Nations Development Program (UNDP), adopted an additional plan in January 2000. The chief objective of the project was to promote the achievement of gender equality by mainstreaming gender concerns into national policies and programs. Projects under the plan included: support of gender research and gender disaggregated statistics; promotion of partnership between women and men in politics; raising gender awareness through the mass media; market education and access to information technologies for women farmers; promotion of equality between women and men in business; prevention of violence in the family and society; and, the introduction of gender awareness into the education system. The budget for this plan is $407,000 and comes from UNDP. The implementation of the plan occurred in conjunction with a variety of partners including the Ministries of Economy, Education and Justice of Ukraine, the State Committee on Family and Youth, the State Committee on Statistics of Ukraine, international donors and NGOs.

National Women’s Machinery

The implementation of the values and norms of the global gender equity regime requires a National Women’s Machinery (NWM). National Women’s Machinery, according to Kardam and Acuner, includes different bureaucratic units. These units may consist of one of the following: a ministry, desk, department or directorate. The role of the NWM is instrumental in gender accountability. The role of NWM is not only to implement policies in accordance with the international gender equity regime, but also to foster the relationship between civil society and the state to advance women’s rights.

In the context of severe economic crisis, corruption and the transition from a socialist to a democratic regime, the Ukrainian government created a National Women’s Machinery. The status of women in Ukrainian society is addressed by a variety of state structures. Within the Cabinet of Ministers is the Department of Women’s Affairs and the Protection of the Family, Mothers and Children. This Department works with other ministries and organizations to provide social and legal guarantees of equal opportunities for women and men in the spheres of family and work. The role of this department is to raise the status of the family, create conditions to support parental obligations and to improve the system of State assistance to families. The goal of the Department of Women’s Affairs is to provide social protection and state support of the family.

Over the course of eight years, Ukraine’s Parliament established three committees to address women’s issues. After Ukraine’s declaration of independence, the Parliament created a Standing Committee that addresses questions relating to women and the protection of the family, mothers and children. The Parliament from 1994-1998 created a Subcommittee on the Legal Status of Women, the Family and Children within the framework of the Committee on Human Rights, National Minorities and Relations between Nationalities. In May of 1998, the Verkhovana Rada (Parliament) established a Committee on Public Health, Mothers and Children.

The most important body in the National Women’s Machinery in Ukraine is a Ministry. In 1996, the President established the Ministry of the Family and Youth. This Ministry is the most significant governmental actor in the advancement of women’s rights in Ukraine. The Minister of Family and Youth is appointed by the President. The function of this Ministry is to implement policy on the family, women, young people and children. One of the mandates of this Ministry is to define the priorities for State policy regarding the family, women, young people and children. The mandate of this ministry is also to formulate specific measures to improve the situation of women and to foster equal opportunity. Within this Ministry is the Directorate for Women’s Affairs and the Coordination Council on questions relating to Women and Equal Opportunities Council

(Gender Council.) The Coordination Council provides the link between State organizations and non-governmental organizations involving women’s issues. The role of the Directorate is two-fold. The directorate addresses social and legal issues and works to forge a link with women in civil society and the government. The Directorate for Women’s Affairs differs from the Department of Women’s Affairs and Protection of the Family. The mandate of the Directorate for Women’s Affairs focuses on the individual rights of women as independent political/economic actors, as opposed to limiting the scope of women’s rights to their roles in the domestic sphere (i/e as mothers within the family). The mission of the Directorate for Women’s Affairs recognizes that women’s roles stretch beyond the family sphere, and explicitly promotes women’s political, civil and economic rights in the public domain.

Political, Organizational and Cognitive Contexts of NWM

The robustness and effectiveness of the NWM can be analyzed according to three categories: political context, organizational context and cognitive context. The political context is understood in terms of international linkages, donor assistance for gender equity; political commitment to gender equality, and, political stability or instability. One can understand organizational context in terms of the position and mandate of the NWM within the government, and in terms of conflicting objectives between stakeholders and/or bureaucrats; monitoring systems; and, budgets. Finally, the cognitive context of NWM refers to the different perceptions of the causes of gender inequality, or equality. One may identify the cognitive context in terms of social norms that determine gender relations. According to the Social Relations of Gender Theory, social norms are often expressed in the organizational culture of a given institution. In order for the NWM to address gender inequality, divergent perceptions on the causes of gender equality need to be addressed and distilled. A clear consensus of the causes of gender inequity or equity allows the NWM to formulate and adopt strategic solutions to either remedy inequalities or maintain equity.

The political context of the NWM in Ukraine is compelling because Ukraine is currently undergoing a major political transition from a Communist regime into a democratic, free-market economy. This transition is marked by severe economic strife. Under current conditions, the political institutions simply do not have the capacity to effectively negotiate political upheaval and economic turmoil. Furthermore, rampant corruption and lack of transparency undermine good governance. There is a strong link between powerful organized crime and public officials in Ukraine. The prominence of the intimacy of criminal networks and government poses serious obstacles to economic growth and democratization in Ukraine. Political and economic restructuring coupled with corruption is the political context for the NWM.

The nature of the political context of Ukraine’s NWM is paradoxical. The transition from socialism to democracy opened political space for linkages to international discourse on gender equity. However, this new democracy has a "male face." There has been a dramatic decline in women’s political participation in Ukraine in the last decade. Lack of transparency, corruption, patronage politics and bribery among bureaucrats based on "loyalty and old-boys networks" fails to support a climate for women’s rights. This translates to a political culture that undermines the role of the NWM. Ukraine’s NWM is further limited by feeble institutional capacity and an uncertain budget.

Under these conditions, the effectiveness of the NWM is severely restricted. Weak institutional capacity and economic crisis contribute to a political climate that is detrimental to women’s rights in Ukraine. Despite the accepted notion that gender equity is an integral part of democracy, women in Ukraine have limited access to the political arena, and are excluded from the development of policies that affect their daily lives. In the current Parliament of Ukraine, only 28 of the deputies are women out of 441. The former Soviet government required a quota that women represent one-third of the government. During the communist era, 35% of the Supreme Soviet was women. Now, a meager 5.6% of the parliament is women, and none of them are under age 37. Currently, there are no women among the President’s advisors. However, the Minister of Justice is a woman. Nonetheless, women in Ukraine are underrepresented in the design and implementation of policies regarding reproductive rights, child care, domestic violence, education, workplace discrimination and unemployment.

Through the adoption of policies and legislation that are consistent with the global discourse on gender equity, Ukraine is demonstrating, at least, a symbolic commitment to gender equity. Nevertheless, the transition to democracy with a "male face" characterizes the political context of Ukraine’s NWM. The NWM is mainly supported by external advocates and donors such as UNDP, USAID, the World Bank, Open Society Institute and through international linkages with NGOs.

In terms of the organizational context of the NWM, the mandate of the various ministries and committees seems rather clear. However, the institutional capacity to carry out these mandates simply does not exist. The Gender Council is situated within the Ministry of Family and Youth. This Ministry is neither the largest, nor most influential ministry of Ukraine’s government. Furthermore, the budget Gender Council was temporarily cut between 1998 and 2000 due to lack of funding. There are no monitoring systems incorporated into the National Women’s Machinery, and in cases of discrimination citizens either do not have the confidence in the Ukraine justice system to take these cases to court. Currently, the UNDP provides the primary source of funding and structural support for the NWM.

The cognitive context of Ukraine’s NWM is rooted in the discourse of democratization, but laden with degrading attitudes of women’s roles in Ukraine society. Women’s role in Ukraine society is often reduced to their roles in the domestic sphere, undermining the value of their economic and political contributions. Although Ukraine society is somewhat egalitarian in terms of education, negative gender stereotypes permeate attitudes regarding women’s roles in society. The Ukraine constitution guarantees girls in Ukraine the right to education. The literacy rate for girls and women is nearly 100% Nonetheless, women in Ukraine are subjected to discrimination as sexist attitudes persist at home and work. According to Rule and Noonan, social bias is expressed even by the government in "exhortations for women to return home." This discourse contributes to discrimination in the workplace. Newspaper advertisements ask for secretaries who are "tall, blonde, long-legged and without inhibitions." Sexual harassment is on the rise and there are no laws protecting women from this rights violation. Rape is not widely reported in Ukraine for fear of moral condemnation of the victim by her family and community. Domestic violence is widespread. Public opinion holds conflicting values regarding women’s rights. Public discourse is described in a gender monitoring report of the media by The Ukrainian Center for Independent Political Research (UCIPR). According to this report, the brutal economic hardship of women in Ukraine is undeniable. Several newspaper articles depicted the desperate economic condition of women. Articles describing women abandoning their newborn babies because of poverty are common. Articles regarding sexual harassment and rape are controversial. One article implied that rape victims provoke these violations. Overall, the cognitive context of the NWM is a combination of the conflicting values of democratization, international norms about gender equity and women’s rights, and negative social stereotypes regarding women’s roles.

Civil Society, NGO’s, and the Women’s Movement

The nature of the relationship between the NWM and civil society determines to what extent the voices of citizens (i.e. women) are incorporated into the policy process. Democracy is dependent on the relationship between civil society and the state. The very notion of democratization raises the ideas of representation, transparency and accountability. NGO’s function as civil society, both domestically and internationally. NGO’s are a link between civil society and the government. Hence, an analysis of the role of NGO’s is helpful in gaining an understanding of the degree of democratic participation of citizens and interest groups. In the case of women in Ukraine, a number of international donors and NGO’s are advocating for women’s political, civil and economic rights as well as greater accountability and transparency on the part of the Ukraine government. In order to understand the role of these NGO’s one must explore the historical background of civil society in Ukraine.

For the greater part of the twentieth century, the Soviet government repressed and criminalized the formation of a civil society. Political participation was low and politically charged demonstrations and meetings virtually did not exist. In Ukraine, the government only accepted state-controlled organizations. Because of the economic, environmental and social crisis in the late 1980’s, the government was no longer able to control civil movements. Upon the dissolution of the USSR, the new Ukraine recognized the democratic rights of freedom of association, free speech and freedom of information. Ukraine citizens seized the opportunity to participate in a free civil-society.

An integral part to Ukraine’s blossoming new civil society is the emergence of NGO’s. There are currently around 25,000 NGOs in Ukraine. The number of NGOs has increased steadily since 1996. NGO activities range from politics and human rights to gender to ecology. The development of NGOs is supporting a slow process of trust-building between government and citizens in Ukraine. Through a dialogue between municipal governments and NGOs, the interests of citizens, policy makers are little by little beginning to place community interests on the agenda. Nonetheless, citizens and NGOs alike lack the necessary skills for participation in civil society. To answer a call for skills building in civil society, a number of international NGOs are providing training for local Ukraine NGOs. For example, VOICE (Voluntary Voices Initiative in Central and Eastern Europe) International is sponsoring "GURT". GURT is a winner of resources from International Renaissance Foundation, the Eurasia Foundation, and the Charles Stewart Mott Foundation. The GURT Resource Center for NGO Development in Ukraine offers professional support, training and consulting for organizations in civil society. Donors for GURT include Westminster Foundation for Democracy (UK) and USAID. The Freedom of Choice Coalition of NGOs is a network of NGOs waging a national campaign to fight government corruption in Ukraine. Some of their supporters include: The World Bank, Management Systems International, Transparency International, and the International Development Law Institute.

Women’s organizations began to emerge in the late 1980’s and early 1990’s in Ukraine with the birth of the new civil society. The dissolution of the totalitarian system and the development of a pluralist society fostered the development of public discourse on the status of women. The contemporary women's movement in Ukraine springs from the new political structures of this period. Hence, the women’s movement is quite new and based on the dissolution of the communist state. In this context, according to Lyudmyula Smolyar of the Department of History at Odessa State University, "Civil society took shape with the formation of spontaneous movements, which institutionalized after the first democratic elections into a network of social associations. The proclamation of Ukraine as an independent state favored the extraordinary advancement of this process."

Now, there are over 90 women's NGOs in Ukraine. The activities of these organizations range from the promotion of changes in legislation, to the creation of mechanisms for the improvement of the status of women as well as active demonstrations. All of these contribute to state-building and democratization. However, the women’s movement is young and not well developed.

The Ukraine women’s movement is characterized in two ways: traditional and feminist. The traditional trend is linked with nationalism, customs, culture and language. The traditional trend is embodied in the term Beheryna. Beheryna refers to a set of rural folkloric values. Beheryna is associated with patriarchy. According to Beheryna, a wife is to be subordinate to her husband. Smolyar describes this trend thus:

The concept of "Berehynia" provides a historically accurate description of the status of Ukrainian woman--a patriarchal mentality, with only a superficial knowledge of the history of Ukraine. Moreover, the concept of "Berehynia" restricts itself to the role of women as housewives. Hence women's perspectives in political and other spheres of Ukrainian life are evaluated negatively. Included in the traditional trend are women's NGOs that focus on educational, humanitarian, and ecological activities. Businesswomen's groups that promote self-help and education for their members are also included in this trend.

The second trend in the women’s movement is the feminist trend. The feminist trend is associated with women’s interests and the promotion of those interests. The movement is weak, however, and is often linked with the traditionalist movement. The reason for this is that women’s rights are often associated with the former Soviet Union. According to Communist discourse, working class women would be emancipated through their participation in the labor force. Under government doctrine, women in the former Soviet Union entered the industrialized work force under "less favorable conditions than men." The former Soviet Regime granted women formal rights by allowing them to participate in the labor force. However, this participation was under conditions that were unsafe and unhealthy, and ultimately not supportive of rights. Moreover, Soviet doctrine relegated women to the domestic sphere under the guise that the main role of women is to reproduce.

The negative link between women’s rights and the former totalitarian regime poses a serious challenge to the feminist women’s movement in Ukraine. Citizens and bureaucrats alike are not distinguishing between Soviet rhetoric that falsely promised women’s emancipation, and feminist discourse that actually seeks to promote women’s rights.

Despite association between women’s rights and the former Soviet regime, women did not exercise their full political, economic or civil rights during the communist regime. In fact, the Soviet political system was decidedly patriarchal. Women were excluded from participating in the ruling elite and their rights were not protected. While Marxist thought suggests that a source of women’s economic oppression springs from their roles in as the domestic sphere, the former Soviet regime did not encourage men to participate in domestic tasks. Smolyar writes, "The Soviet woman never experienced the real results of emancipation, and never joined the feminist movement." Now, few women in Ukraine population participate in women organizations. Those who do tend to be highly educated professionals who are sensitive to the issues facing Ukrainian women. The feminist movement is held in rather low regard in contemporary Ukraine society. Critics opine that it is not a movement to be taken seriously.

According to Smolyar, the women’s movement of Ukraine faces five major obstacles: deep-rooted stereotypes causing Ukraine society to ignore women as individuals and limit their roles to serving men and the family; social and economic hardship; lack of recognition by the public of the women's movement as a significant factor in the development of civil society and democracy; insufficient information and lack of media coverage on the women's movement; lack of recognition of gender studies as a legitimate field of scientific research, and, the lack of participation of "ordinary women" in the movement. Finally, like much of civil society in Ukraine, there is a deficit of organizational capacity within the women’s movement.

Despite the challenges facing women’s organizations, there are a number of women’s NGO’s in Ukraine. For example, Alliance is an NGO with the objective to "bring women into full participation in the mainstream of Ukrainian society, exercising all privileges and responsibilities in truly equal partnership with men." Alliance promotes equal rights in public service, employment, education and family life. The Center for Russian, Central and East European Studies at Rutgers University and the Kharkiv Center for Women’s Studies in Ukraine in collaboration with the National Information Center on Women’s Organizations and Initiatives in Poland cooperated on a project to train women activists and leaders of women’s NGOs "in order to heighten awareness of the role of gender in decision-making and to increase political participation by women in local communities." The Women-Family Charity (WFC) is an NGO in Ukraine whose mission is to improve the social status of mothers through social, psychological and legal support. WFC has over 400 volunteers and over twelve state and private institutions are members of WFC. Miroslava is an NGO based in Kharkiv. The objective of Miroslava is to promote the status of women in society and to promote mutual understanding of Ukrainian society abroad. Miroslava organizes four categories of programs: educational, cultural, informational and international. Vital Voices, the International Organization on Migration and La Strada are three NGO’s that are addressing the issue of human trafficking in Ukraine.

Conclusion of Gender Accountability in Ukraine

After the fall of the former Soviet Union, the economic situation of the Ukraine declined rapidly. Inflation in 2001 was up to an average of 12%. Real income declined and services, such as medical care, that were previously provided by the state were cut and replaced by services that required citizens to pay a fee. In 1999, the poorest 20% consumed 8.8% of the GDP while the richest 20% consumed 37.8%. Ukraine ranks number 67 on the Gender-Related Development Index out of 146 countries. The Gender-Related Development Index refers to the average achievements of a country in life expectancy at birth, adult literacy and standard of living (measured in Gross Domestic Product per capita for women.)

Ukraine’s GNP per capita is $750 per year. Twenty-seven percent of the population lives under the poverty line. Twenty-five percent of the population lives on less than $4 a day. The growth rate between 1990 and 1999 was negative 10.3% of the GDP. Ukraine is considered a middle income country and ranks medium on the UNDP’s human development index. One must note that Ukraine dropped from high human development to medium human development between the years of 1995 and 2002. Between 1990 and 1996, women’s life expectancy in the Ukraine dropped from 75.1 years to 72.8 years. The suicide rate of women in the Ukraine increased. Suicide rates are used as an indirect indicator of stress. Suicide rates of women are considerably higher for women than for men in Ukraine.

Violence against women is a violation of women’s human rights. In Ukraine domestic violence is widespread. According to a report on the status of women in Ukraine by the International Helsinki Federation for Human Rights, "Domestic violence against women is not recognized as a problem because it is so widespread in both private and social environments. . . " Less than 2% of these violations of women’s rights are reported to the police. Furthermore, domestic violence is not considered an offense under civil code. According to the Institute of Sociological Research, the scope of violence against women in Ukraine ranges from domestic to psychological to economic. Eighty-five percent of Ukrainian women have been subjected to psychological violence. Psychological violence ranges from sexual harassment at work to abuse within the family. Sixty percent of women in Ukraine have suffered physical violence. Twenty-four percent are victims of economic abuse. Twelve percent of women under the age of 28 are victims of domestic violence. About 20% of girls from ages 17 to 21 have faced rape attacks.

Alas, Ukraine is failing in its commitment to protect the rights of Ukraine women. Ukraine is failing to comply with CEDAW.

Human Trafficking In Ukraine

The nature of the problem

According to United Nations reports, 4 million people are trafficked across borders each year. Human trafficking generates between $7 billion and $12 billion annually. It is a global business. Human trafficking is dominated by organized crime and characterized by criminal activity, violence and brutality. Human trafficking is one of the most urgent and serious human rights issues facing the international community today. The nature of the problem is complex—it is not confined to the scope of human rights. One may also apply the lenses of migration and economics to understand the dimensions of this phenomenon. Populations that are particularly vulnerable to human trafficking include would-be migrants from regions experiencing conflict, economic turmoil or both. Among target populations for human trafficking is the population of women from Ukraine.

Despite efforts on the part of International NGOs, International Law Enforcement, The U.S. Department of State, The United Nations, The European Union, and a wide range of international actors, the illicit trafficking in women from Ukraine is more sophisticated and lucrative than ever. Organized criminal networks, including the Russian Mafia, are replacing the trade of narcotics and arms with the trade of humans for work in the sex industry. Women from Ukraine are especially vulnerable to human trafficking due to the economic crisis in Ukraine and gender-biased macro-economic policy. Victims of human trafficking from the Ukraine endure a number of human rights abuses including beatings, rape, degradation, isolation, torture and restriction of movement. Victims of trafficking face exploitation as forced labor as domestic servants or in factories or sexual exploitation. One definition of human trafficking herein is borrowed from the United Nations Convention Against Transnational Organized Crime, where human trafficking is defined as:

The recruitment , transportation, transfer, harboring or receipt of persons, either by the threat or use of abduction, force, fraud, deception or coercion, or by the giving or receiving of unlawful payments or benefits to achieve the consent of a person having control over another person, with the aim of submitting them to any form of exploitation (i/e sexual exploitation).

The International Organization on Migration (IOM) defines trafficking as:

facilitating the illegal movement of migrant women to other countries, with or without their consent or knowledge; deceiving migrant women about the purpose of the migration, legal or illegal; physically or sexually abusing migrant women for the purpose of trafficking them; (and) selling women into, or trading women for the purpose of , employment, marriage, prostitution or other forms of profit-making abuse.

Human Trafficking represents a multi-dimensional violation of women’s rights. Ukraine is bound to a number of international legal instruments that prohibit human trafficking including: the Universal Declaration of Human Rights, the International Convention on Civil and Political Rights, the Optional Protocol to International Covenant on Civil and Political Rights, the International Covenant on Economic Social and Cultural Rights, the Convention of the Rights of the Child, the Convention Against Discrimination in Education, Discrimination (Employment and Occupation) Convention, Convention on the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others, Supplementary Convention on the Abolition of Slavery, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Other international instruments relating to trafficking in women include: the International Convention for the Suppression of the Traffic in Women of Full Age (Geneva Convention) as well as the Platform for the UN Fourth World Conference on Women—which is the basis for Ukraine’s national plan. Ukraine is failing to fully implement the principles of these instruments.

The U.S. Department of State country report for the Ukraine states that "[T]he economic decline of the past decade has harmed women disproportionately." According to the State Department, industries that are dominated by female workers are those with the lowest relative wages. The break up of the Soviet Union and subsequent economic strife renders women in the Ukraine vulnerable to trafficking as they seek to escape dismal economic prospects in their own country.

Strategies and Possible Solutions

There are a number international organizations working to fight human trafficking in Ukraine. The International Organization on Migration (IOM), Vital Voices and La Strada are all combating trafficking. The IOM with support from the Swedish International Development Cooperation Agency implemented a program to strengthen law enforcement efforts in Ukraine to criminalize human trafficking. Under this program, Ukraine adopted anti-trafficking legislation. IOM has also offered assistance to nearly 500 victims and developed cooperation with Ukrainian authorities. Lack of funding and weak legislation on this issue posed challenges to law enforcement and the judicial system in Ukraine. Further difficulties arose from the reluctance of victims to participate in the prosecution of their traffickers. The IOM program supports institution building in Ukraine. As a result, the government adopted the Inter-ministerial Coordination Group in 2001. This group established counter trafficking units and trained them in investigative techniques and technology. As a result, the number of cases involving organized criminal groups in trafficking increased from 2 cases in 1998 to107 cases in 2002. IOM also offers support to victims in the way of legal assistance.

Vital Voices is an NGO formed in conjunction with the Open World Program at the Library of Congress and Georgetown University. The mandate of this organization is to promote the political participation of women in order to battle human trafficking. The program offers leadership training programs for women. The mission statement of Vital Voices reads: "Vital Voices is a global partnership that supports women's progress in building democracies, strong economies and peace. None of these can be fully achieved without women's full participation in society-which requires protection of their basic human rights." Vital Voices is a leader in developing public awareness campaigns to inform women and girls of the dangers of human trafficking. Because the nature of human trafficking is often based on deception and fraud, these campaigns are particularly necessary in combating human trafficking.

La Strada is an international NGO with the objectives of preventing human trafficking and assisting victims. La Strada provides information on trafficking through research and data collection. La Strada is a subsidiary of the Foundation Against The Trafficking in Women, an organization founded in the Netherlands at the end of the 1980’s. La Strada-Ukraine is an international human rights center that is registered with the Ministry of Justice in Ukraine. La Strada publishes material on trafficking, provides a hot-line for victim assistance, hosts conferences and provides public education campaigns through cooperation with the media. La Strada has published a number of works on the topic of human trafficking and is an instrumental organization in the battle against the violation of women’s human rights. The main goals of La Strada this year are to attract the attention of the Ukraine public to the issue of human trafficking. La Strada initiates radio and television programs on the human trafficking as well as hosts round-table discussions. La Strada cooperates with other NGOs including the Global Survival Network in Washington, D.C. La Strada works with The Ministry of Family and Youth as well as the Ministry of Justice. Finally, La Strada participates regularly in international conferences on trafficking.

In a recent conference supported by USAID, the vice-Prime Minister of Ukraine met with representatives from La Strada, the U.S. Ambassador to Ukraine, the Minister of Youth and Family, and the State Secretary of the Ministry of Education and Science to address the problem of human trafficking. Participants of the conference concluded that lack of employment is one of the root causes of human trafficking. Economic growth became the key objective of the Ukraine government to combat human trafficking. However, economic growth is a viable solution only if Ukraine commits to the adoption of gender-sensitive economic policies. In conclusion, economic crisis, unemployment and poverty represent a major constraint to the realization of full gender accountability in Ukraine.

Women’s Poverty

Poverty renders women vulnerable to violations of their rights. Two-thirds of the unemployed in Ukraine are women. Of those who have lost their jobs since 1991, more than 80% are women. The average salary in Ukraine is less than $30 a month and about half of that in the small towns favored by criminal gangs for recruiting women for sex trafficking. In 1995, women’s income in the Ukraine was 68.6% of men’s. In 1994, 243, 775 women in the Ukraine applied for employment with a job placement center. In 1997, the number of women applying for employment rose to 570, 377. Around 70% of the unemployed in Ukraine are women. Women in Ukraine face discrimination in the job market. The Kharkov Center for Women’s Rights reports discrimination in lays-offs, discrimination in hiring, sexual harassment, non-contractual work and hazardous working conditions as well as illegal dismissals of women on maternity leave. Unemployment and low wages are the chief causes of the trafficking and sexual exploitation of women from the Ukraine.

The United Nations Fourth World Conference on Women in Beijing called for a platform of measures to advance the status of women. The platform cited twelve critical areas of concern. Poverty eradication is identified as a priority. Develop gender sensitive national and international policies, including those related to structural adjustment reads the platform. The International Monetary Fund called for a number of structural adjustment macro-economic reforms in Ukraine. Among these reforms are restrictions on monetary policy. These restrictions translate to cuts in the sectors of health and education, or, cuts in the sectors dominated by women. Structural adjustment programs impact women first because of the nature of women’s economic roles. One author states, "Women tend to be on the frontline when it comes to taking care of the health and educational needs of the family, in addition to feeding, providing water, and clothing household members."

The economic reforms undertaken by the Ukraine government are contributing to the impoverishment of women in Ukraine. With the initial fall of the former Soviet Union, economic collapse impacted women disproportionately. Their poverty is compounded by free-market reforms, or neo-liberal structural adjustment policies. These policies include restrictions on social spending. Such restrictions are manifested in cuts to education and the health sectors. These cuts impact women in particular because women in Ukraine were disproportionately over-represented in these sectors of society. The impact of neo-liberal reforms is heightened by the privatization of social services. Services that were once free now require a fee—a fee that most women are unable to pay. As a result, women in Ukraine have limited access to health care. The system of family support in Ukraine is contracted. As a result, women in Ukraine no longer receive child allowances. The World Bank reports, "The fall in child allowances has reduced women’s contribution to family income, with important consequences for their bargaining power within the household." With the reduction of childcare and other family support services, employed women experience further burdens that contribute to the degradation of their health and well-being.

It must be noted that poverty is employed herein as a relative term. Because the nature of poverty is multi-dimensional, one must recognize its various dimensions. Poverty refers to an overall state of vulnerability and deprivation. Deprivation refers to the lack of necessities for social, physical, economic, political and psychological well-being. This deprivation reaches far beyond income poverty. While income-poverty is one aspect of the condition, income is not the sole measurement of poverty. Access to basic human needs such as healthcare, education, nourishment and clean drinking water are among the deprivations of the poor. Such deprivation leads to a state of vulnerability in terms of physical health and human rights. The UN recognizes the interdependence of economic rights and human rights. According to UN doctrine, the more vulnerable women are economically, the more likely they are to suffer human rights abuses.

The government of Ukraine is not effectively addressing the economic crisis of women in Ukraine. Much of macro-economic policy of Ukraine is dictated by the International Monetary Fund (IMF). Despite criticism of the IMF’s neo-liberal policies, the Ukraine continues to implement these gender-biased policies.

NGOs who address the economic strife of women in Ukraine include: The Kiev Federation of Businesswomen, The Association of Women in Agribusiness, Femina, (otherwise known as the Crimean business women’s club), and The Club of Yalta Business Women. Mama-86 is an environmental organization promoting sustainable development, through sound environmental practices. Overall, however, the civil society lacks organizations to voice opposition to neo-liberal reforms that strip the society of social services, and render women impoverished and ultimately vulnerable to violations of their fundamental rights. The Union of Working Women of Ukraine (UWWU) is an activist group that demonstrates against governmental economic reform. UWWU criticizes the Ukraine government of implementing economic policy that impoverishes the people. Government response to the calls of UWWU is minimal.

Conclusion & Recommendations

Despite steps to rectify gender inequity, Ukraine is failing to comply with the principles set forth in the United Nations Convention of Elimination of all forms of Discrimination Against Women (CEDAW). Poverty and human trafficking threaten women’s rights in Ukraine and illustrate Ukraine’s non-compliance with CEDAW. Gender accountability in Ukraine is largely a function of external advocacy and civil society. International donors, organizations and local NGOs are the chief actors in promoting the norms of the global gender equity regime. Although the Ukraine government recognizes that women’s rights are instrumental to the democratization process, women’s status in Ukraine society has declined in the transition from communism to a capitalist democracy. The NWM of Ukraine receives little internal support from the Ukraine state and relies largely on the support of international organizations. While Ukraine has taken steps to adopt gender-sensitive language in its constitution and subsequent gender-sensitive legislations, the government is failing to implement the essential compliance and monitoring mechanisms to support the constitution and laws. Although the Ukraine government grants its citizens the rights to associate in civil society, the connection between civil society and the state is weak.

Gender accountability in Ukraine is low. Ukraine has achieved the first steps toward gender accountability by signing CEDAW, and subsequent U.N. Conventions that promote gender accountability. Ukraine has adopted legislation to protect the civil, economic and political rights of women. This success can be attributed to the rise of the global gender equity regime and external international pressure on Ukraine to adopt the norms of this regime. Ukraine’s achievements are also due in part to the opening of the former Soviet Union to new ideologies and political alternatives to communism. Finally, the emergence of the State of Ukraine as a democratic state founded on such notions as democratic, individual rights contributes to the reasons for Ukraine’s adoption of gender sensitive language in its laws and constitution.

Ukraine is further taking the right steps to promote gender equity through the emergence of its civil society and subsequent cooperation with international organizations and donors. However, women in Ukraine continue to suffer from a variety of abuses ranging from exclusionary politics to rape and trafficking. Full gender accountability is constrained in Ukraine by attitudes that limit the role of women to the domestic sphere, as recognizing the role of women as full political/economic actors in the public sphere. The undervaluing of women’s roles in Ukraine is compounded by widespread unemployment among women in Ukraine, poverty and an overall desperate economic situation. In the face of political transition, gender accountability in Ukraine is constrained by close connection between organized crime and government. The democratic participation of women is constrained in the context of lack of transparency and an "old boy’s network."

Eradicating governmental corruption ought to be high on the political agenda, followed by the design of macro-economic policy that fosters human development along with economic growth. In order to comply with CEDAW, Ukraine needs to continue to report regularly to the Committee on CEDAW, and to fully implement the objectives of its National Plan. Finally, the Ukraine government must improve its coordination with NGOs as a means to implementing gender-sensitive policies.

 

 

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