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| | Simulation of Negotiations: Ukraine-Russia-European Union Relations Dr. Vitalijs Butenko Dr. Sibylle Zürcher 07.03.2017 NECOM 1 Ukraine Russia: Relationships 2014 present
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Page 1: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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Simulation of Negotiations: Ukraine-Russia-European Union Relations

Dr. Vitalijs Butenko

Dr. Sibylle Zürcher

07.03.2017NECOM 1

Ukraine – Russia:

Relationships 2014 – present

Page 2: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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1. Introduction

Page 3: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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UkraineSituation as of 2013:

- Form of government: Semi-presidential republic

- Administrative units:

- 24 regions (“oblast”)

- 2 cities of republican subordination (Kiev

and Sevastopol)

- Autonomous Republic of Crimea

- Population*:

- 48.4 m (2001 census)

- 42.5 m (2016 estimate)

- GDP (current prices)*:

- $179.5 b (2013)

- $87.2 b (2016 estimate)

- Security:

- 250’000 army personnel0

- Following Budapest agreement in 1994 the

nuclear arsenal is removed to Russia in

exchange for assurances against threats or

use of force against the territorial integrity

or political independence of Ukraine and

admission to Non Proliferation Treaty

(NPT).

* Note from IMF: 2013 data excludes Crimea and Sevastopol for comparison purposes with 2014 data.

Page 4: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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War

Crisis

Unstable

peace

Stable

peace

Open

conflict

Co

nflic

t

inte

nsity

time

Nov. 2013: Yanukovitch

refuses to sign UKR-EU

association agreement

with EU.

Nov. 2013:

Euromaidan

begins

21 Feb. 2014:

Crisis settlement dealMar. 2014:

Incorporation of

Crimea by Russia22-23 Feb. 2014:

Yanukovitch leaves

Ukraine; Maidan

leaders take over

the government

Mar. 2014:

US and EU

sanctions

12. Sept. 2014:

Ratification of the

UKR-EU association

agreement

2. Background on the

crisis in Ukraine

Nov 2013 – Sept 2014 Odessa

Mar. 2014:

Civil war erupts in

Luhansk and

Donetsk regions

MH17

Convoy

5. Sept. 2014:

Minsk protocol,

cease fire

Another gas-

price crisis

UKR-RUS, EU

as mediator

26. Sept. 2014

UKR: repays $3.1 bn

debt in steps

RUS: Resumes

supply at price $385

per 1,000 m2

Dec 2014-Feb

2015: Debaltseve

“Pocket”

07.03.2017NECOM

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Center for Strategic and International Studies (CSIS) provides an interactive

timeline of events of the crisis in Ukraine:

http://csis.org/ukraine/index.htm

«Wendet euch von Russland ab», Interview mit David Usupaschwili, Tages

Anzeiger, 17.10.14.

07.03.2017NECOM 5

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US and EU decided to implement

sanctions against

individuals related to the crisis in

Ukraine

banks, energy and defense

companies

07.03.2017NECOM 6

3. Sanctions

Russia responded by embargo on

apples, milk, meat, fish and other

products from EU, US and Norway

Page 7: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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Example of EU sanctions.

Subject to semiannual review.

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Page 9: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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4. Negotiations on Ukrainian crisis

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Yanukovich rejects agreement with EU

Euromaidan starts

Agreement with opposition and departure of Yanukovich (→ document 1)

07.03.2017NECOM 10

4.1. Development of the crisis and related negotiations

Event: Date:

November 2013

November 21, 2013

February 21, 2014

Timeline

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4.1.1. Kiev Agreement: Agreement on Settlement of the Crisis in

Ukraine (21 February 2014, Kiev)

Signatories:

• Viktor Yanukovych, president of Ukraine

For the Opposition:

• Vitaliy Klichko, UDAR

• Oleh Tyahnibok, Svoboda

• Arsenij Yatseniuk, Batkivshchyna

Witnessed by:

For the EU:

• Radoslaw Sikorski, Polish foreign minister

• Frank-Walter Steinmeier, German foreign minister

• Laurent Fabius, French foreign minister

For the Russian Federation:

• Vladimir Lukin, Russian special envoy

Page 12: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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→ document 1

Kiev agreement

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Agreement on the Settlement of Crisis in Ukraine

Concerned with the tragic loss of life in Ukraine, seeking an immediate end of

bloodshed and determined to pave the way for a political resolution of the crisis,

We, the signing parties, have agreed upon the following:

1. Within 48 hours of the signing of this agreement, a special law will be

adopted, signed and promulgated, which will restore the Constitution of 2004

including amendments passed until now. Signatories declare their intention to

create a coalition and form a national unity government within 10 days

thereafter.

2. Constitutional reform, balancing the powers of the President, the government

and parliament, will start immediately and be completed in September 2014.

3. Presidential elections will be held as soon as the new Constitution is adopted

but no later than December 2014. New electoral laws will be passed and a new

Central Election Commission will be formed on the basis of proportionality and in

accordance with the OSCE & Venice commission rules.

4. Investigation into recent acts of violence will be conducted under joint

monitoring from the authorities, the opposition and the Council of Europe.

5. The authorities will not impose a state of emergency. The authorities and the

opposition will refrain from the use of violence. The Parliament will adopt the 3rd

amnesty, covering the same range of illegal actions as the 17th February 2014

law.

Both parties will undertake serious efforts for the normalisation of life in the cities

and villages by withdrawing from administrative and public buildings and

unblocking streets, city parks and squares.

Illegal weapons should be handed over to the Ministry of Interior bodies within

24 hours of the special law, referred to in point 1 hereof, coming into force. After

the aforementioned period, all cases of illegal carrying and storage of weapons

will fall under the law of Ukraine. The forces of authorities and of the opposition

will step back from confrontational posture. The Government will use law

enforcement forces exclusively for the physical protection of public buildings.

6. The Foreign Ministers of France, Germany, Poland and the Special

Representative of the President of the Russian Federation call for an immediate

end to all violence and confrontation.

Kyiv, 21 February 2014 07.03.2017NECOM 13

Signatories

Viktor Yanukovych, president of Ukraine

For the Opposition

Vitaliy Klichko, UDAR

Oleh Tyahnibok, Svoboda

Arsenij Yatseniuk, Batkivshchyna

Witnessed by

For the EU

Radoslaw Sikorski, Polish foreign minister

Frank-Walter Steinmeier, German foreign minister

Laurent Fabius, French foreign minister

For the Russian Federation

Vladimir Lukin, Russian special envoy

Page 14: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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Yanukovich rejects agreement with EU

Euromaidan starts

Agreement with opposition and departure of Yanukovich (→ document 1)

Uprising in Luhansk and Donetsk regions

First sanctions against Russia

Annexation of Crimea

Geneva statement on Ukraine (→ document 2)

07.03.2017NECOM 14

TimelineEvent: Date:

November 2013

November 21, 2013

February 21, 2014

March 1, 2014

March 17, 2014

March 21, 2014

April 17, 2014

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4.1.2. Geneva Statement on Ukraine (17 April 2014, Geneva)

Foreign ministers of Ukraine, Russia, EU and US

Page 16: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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→ document 2

Geneva statement

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Geneva Statement on Ukraine

Representatives of the European Union, the United States, Ukraine and the Russia

Federation issued today following statement:

The Geneva meeting on the situation in Ukraine agreed on initial concrete steps to de-

escalate tensions and restore security for all citizens.

All sides must refrain from any violence, intimidation or provocative actions. The

participants strongly condemned and rejected all expressions of extremism, racism

and religious intolerance, including anti-semitism.

All illegal armed groups must be disarmed; all illegally seized buildings must be

returned to legitimate owners; all illegally occupied streets, squares and other public

places in Ukrainian cities and towns must be vacated.

Amnesty will be granted to protestors and to those who have left buildings and other

public places and surrendered weapons, with the exception of those found guilty of

capital crimes.

It was agreed that the OSCE Special Monitoring Mission should play a leading role in

assisting Ukrainian authorities and local communities in the immediate implementation

of these de-escalation measures wherever they are needed most, beginning in the

coming days. The U.S., E.U. and Russia commit to support this mission, including by

providing monitors.

The announced constitutional process will be inclusive, transparent and accountable.

It will include the immediate establishment of a broad national dialogue, with outreach

to all of Ukraine’s regions and political constituencies, and allow for the consideration

of public comments and proposed amendments.

The participants underlined the importance of economic and financial stability in

Ukraine and would be ready to discuss additional support as the above steps are

implemented.

07.03.2017NECOM 17

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Yanukovich rejects agreement with EU

Euromaidan starts

Agreement with opposition and departure of Yanukovich (→ document 1)

Uprising in Luhansk and Donetsk regions

First sanctions against Russia

Annexation of Crimea

Geneva statement on Ukraine (→ document 2)

Begin of counter terrorist operation in eastern Ukraine

Normandy Four first meeting

07.03.2017NECOM 18

Timeline

Event: Date:

November 2013

November 21, 2013

February 21, 2014

March 1, 2014

March 17, 2014

March 21, 2014

April 17, 2014

May, 2014

June 6, 2014

Page 19: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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Celebration of D-Day 70th commemoration day (6 June 2014)

First Normandy Four meeting (F, D, UKR, RUS)

Page 20: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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Yanukovich rejects agreement with EU

Euromaidan starts

Agreement with opposition and departure of Yanukovich (→ document 1)

Uprising in Luhansk and Donetsk regions

First sanctions against Russia

Annexation of Crimea

Geneva statement on Ukraine (→ document 2)

Begin of counter terrorist operation in eastern Ukraine

Normandy four first meeting (this was in France, D-day celebration)

Kramatorsk and Slovyansk under control of Ukraine forces

Malaysian air flight 17 from Amsterdam to Kuala Lumpur shot down

Contact group on Ukraine crisis (→ document 3, “Minsk I”)

07.03.2017NECOM 20

Timeline

Event: Date:

November 2013

November 21, 2013

February 21, 2014

March 1, 2014

March 17, 2014

March 21, 2014

April 17, 2014

May, 2014

June 6, 2014

July, 2014

July 17, 2014

September 5, 2014

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2.3 Minsk I Protocol: Trilateral Contact Group negotiation

(5 September 2014, Minsk)

Participants of the Trilateral Contact Group:

• Swiss diplomat and OSCE representative Heidi Tagliavini

• Former president of Ukraine and Ukrainian representative Leonid Kuchma

• Russian Ambassador to Ukraine and Russian representative Mikhail Zurabov

• DPR leader Alexander Zakharchenko

• LPR leader Igor Plotnitsky

Page 22: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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→ document 3

Protocol, 5 September 2014 (“Minsk I”)

NECOM

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PROTOCOL

on the results of consultations of the Trilateral Contact Group

with respect to the joint steps aimed at

the implementation of the Peace Plan

of the President of Ukraine, P. Poroshenko,

and the initiatives of the President of Russia, V. Putin

Upon consideration and discussion of the proposals put forward by the participants of

the consultations in Minsk on September 1, 2014, the Trilateral Contact Group,

consisting of the representatives of Ukraine, the Russian Federation and the

Organization for Security and Co-operation in Europe [OSCE], reached an

understanding with respect to the need to implement the following steps:

1. Ensure the immediate bilateral cessation of the use of weapons.

2. Ensure monitoring and verification by the OSCE of the regime of non-use of weapons.

3. Implement decentralization of power, including by means of enacting the Law of

Ukraine “With respect to the temporary status of local self-government in certain areas

of the Donetsk and the Lugansk regions” (Law on Special Status).

4. Ensure permanent monitoring on the Ukrainian-Russian state border and verification

by the OSCE, together with the creation of a security area in the border regions of

Ukraine and the Russian Federation.

5. Immediately release all hostages and unlawfully detained persons.

6. Enact a law prohibiting the prosecution and punishment of persons in connection with

the events that took place in certain areas of the Donetsk and the Lugansk regions of

Ukraine.

7. Conduct an inclusive national dialogue.

8. Adopt measures aimed at improving the humanitarian situation in Donbass.

9. Ensure the holding of early local elections in accordance with the Law of Ukraine

“With respect to the temporary status of local self-government in certain areas of the

Donetsk and the Lugansk regions” (Law on Special Status).

10. Remove unlawful military formations, military hardware, as well as militants and

mercenaries from the territory of Ukraine.

11. Adopt a program for the economic revival of Donbass and the recovery of economic

activity in the region.

12. Provide personal security guarantees for the participants of the consultations. 07.03.2017 23

Participants of the Trilateral Contact Group:

Ambassador Heidi Talyavini (signed)

Second President of Ukraine, L.D. Kuchma (signed)

Ambassador of the Russian Federation in Ukraine,

M.Y. Zurabov (signed)

A.V. Zakharchenko (signed)

I.V. Plotnitskiy (signed)

NECOM

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Yanukovich rejects agreement with EU

Euromaidan starts

Agreement with opposition and departure of Yanukovich (→ document 1)

Uprising in Luhansk and Donetsk regions

First sanctions against Russia

Annexation of Crimea

Geneva statement on Ukraine (→ document 2)

Begin of counter terrorist operation in eastern Ukraine

Normandy four first meeting (this was in France, D-day celebration)

Kramatorsk and Slovyansk under control of Ukraine forces

Malaysian air flight 17 from Amsterdam to Kuala Lumpur shot down

Contact group on Ukraine crisis (→ document 3, “Minsk I”)

Escalation of fights

Merkel and Hollande go to Kiev

Merkel and Hollande go to Moscow

US threat to supply lethal weapons

Normandy four meeting in Minsk (→ document 4, “Minsk II”)

07.03.2017NECOM 24

TimelineEvent: Date:

November 2013

November 21, 2013

February 21, 2014

March 1, 2014

March 17, 2014

March 21, 2014

April 17, 2014

May, 2014

June 6, 2014

July, 2014

July 17, 2014

September 5, 2014

January, 2015

February 5, 2015

February 5, 2015

February 6, 2015

February 11, 2015

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4.1.4 Minsk II Protocol: Normandy Four meeting in Minsk

(12 February 2015, Minsk)

NECOM

Alexander Lukashenko, Vladimir Putin, Angela Merkel, Francois Hollande, Petro Poroshenko

Page 26: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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Kiev

Agreement based on

demarcation line from Minsk I

Ceasefire and withdrawal of

heavy weapons

Control of border with Russia

Withdrawal of foreign troops

from Luhansk and Donetsk

Free to chooses its foreign

policy

07.03.2017NECOM 26

Our assessment of the positions of the involved parties

Luhansk and Donetsk

Demarcation line from

Minsk I is no longer

appropriate

End the Ukrainian

economic blockade of

Luhansk and Donetsk

Moscow

Keep territorial gains

euphemistically expressed in

the demand of federalization

and autonomy for Luhansk

and Donetsk

Negotiate and design the

agreement in order to bring

Debaltseve under rebels’

control

Will not return Crimea

Ukraine remains neutral and

does not join NATO

Kiev re-starts social economic

links with DPR and LPR (i.e.

Kiev invests in the destroyed

regions)

West

Diplomatic agreement for

peace

Sanctions if no peace deal

(supply of weapons by US)

Russia must remove their

troops from east Ukraine

Restoration of the

international law and order

Minsk

Hosting the event:

‘Serving coffee’

An opportunity to be

better recognized by EU

leaders

Page 27: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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Risto Penttila, FT 10.10.14:

Increase popular support of Putin

Divide further ideologically, politically

and culturally west and Russia

Hurt Putin’s advisors vs. workers

and warmers in west

Possible solution:

Peace treaty UKR-RUS on

borders

UKR commits to uphold Russian

speakers rights

RUS stops supporting rebels in

east Ukraine

07.03.2017NECOM 27

Different views on the crisis

Lilia Shevtsova, FT 30.09.14:

Support “permanent confrontation”

perception by RUS

Short term: Internal power

consolidation

Long term: Declining living standards

Reality assessment:

West swallowed annexation of

Crimea

The partition of UKR is silently

being ratified by the rest of the

world

West neither protects UKR, nor

guarantees international law

Economy slowdown under

sanctions will boomerang back to

Putin’s reign

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Development of the negotiation on 11 February 2015

Date Time Event

Feb 11 17:18 Negotiations begin with ‘Normandy Four’ (Putin, Merkel, Hollande and

Poroshenko)

The Contact Group will have a separate closed door meeting

Feb 11 18:38 They Normandy Four are joined by their foreign ministers

Feb 11 21:44 Dinner Break

Feb 12 2:32 Putin and Merkel take a short break

Feb 12 6:41 Leaders of Donetsk and Lugansk People's Republics arrive to join

contact group

Feb 12 7:02 Delegations of the Normandy Four leave room to take a break (originally

thought to be the end of talks)

Feb 12 7:26 Poroshenko calls Russian proposal unacceptable

Feb 12 7:55 Merkel and Hollande speak to Putin without Poroshenko

Feb 12 9:00 Negotiations end – agreement reached

Time stamps are approximate, according to news tickers from different sources (e.g. NZZ, RT).

Page 29: Ukraine Russia: Relationships 2014 present · Dec 2014-Feb 2015: Debaltseve ... • Swiss diplomat and OSCE representative Heidi Tagliavini ... 2014, the Trilateral Contact Group,

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→ document 4

Protocol 12. February 2015 (“Minsk II”)

NECOM

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List of measures to fulfill the Minsk II Agreement, February 12, 2015

1. An immediate and comprehensive ceasefire in individual areas of the Donetsk and Luhansk regions of Ukraine and its strict implementation

starting at 0000 (Kyiv time) February 15, 2015.

2. The withdrawal of all heavy weapons by both parties at equal distances in order to create at least a 50 kilometer security zone for 100mm or

larger caliber artillery systems, a 70 kilometer security zone for Grad multiple rocket launcher systems and a 140 kilometer security zone for the

Tornado-S, Uragan, and Smerch multiple rocket launcher systems and Tochka (Tochka-U) tactical missile systems:

- for the Ukrainian troops: [withdrawal] from the actual contact line;

- for the military units of individual areas of the Donetsk and Luhansk regions of Ukraine: [withdrawal] from the contact line in accordance with the

Minsk memorandum of September 19, 2014

Withdrawal of aforementioned heavy weapons shall begin no later than the second day of the ceasefire and end within 14 days.

The OSCE will contribute to this process with the support of the Trilateral Contact Group.

3. Starting the first day of such withdrawal, ensuring the effective monitoring and verification by the OSCE of the ceasefire and the withdrawal of

heavy weapons with the use of all necessary technical means, including satellites, UAVs, radar systems, etc.

4. On the first day after the withdrawal, to begin a dialogue on the procedures for holding local elections in accordance with Ukrainian law and the

Law of Ukraine "On a temporary order of local government in individual areas of the Donetsk and Luhansk regions," as well as on the future regime

of these areas, according to this Act.

Immediately, no later than 30 days from the date of signing of this document, to adopt a resolution of the Verkhovna Rada of Ukraine with the

specification of a territory subject to the special regime in accordance with the Law of Ukraine "On temporary order of local government in some

regions of the Donetsk and Luhansk regions" based on the line set in a Minsk memorandum of September 19, 2014

5. To provide pardons and amnesties by the enactment of a law prohibiting prosecution and punishment of persons with regard to the events that

took place in individual areas of the Donetsk and Luhansk regions of Ukraine.

6. To ensure the release and exchange of hostages and illegally detained persons based on the principle of "all for all". This process must be

completed no later than the fifth day after the withdrawal.

7. To provide secure access, delivery, storage and distribution of humanitarian aid to the needy on the basis of an international mechanism.

8. Determination of the procedure for the full restoration of the socio-economic relations, including transactions of social payments, such as

pensions and other payments (takings and income, timely payment of all utility bills, renewal of taxation within Ukraine’s legal framework).

To this end, Ukraine shall regain control over the segment of its banking system in conflict-affected areas, and an international mechanism to

facilitate such transfers will probably be created.

9. Restoration of full control over the state border of Ukraine by Ukraine’s government throughout the whole conflict area, which should begin on

the first day after the local elections and be completed after a comprehensive political settlement (local elections in individual areas of the Donetsk

and Luhansk regions on the basis of the Law of Ukraine, and a constitutional reform) by the end of 2015, on condition of implementation of

paragraph 11 - with consultations and in agreement with the representatives of individual areas of the Donetsk and Luhansk regions in the

framework of the Trilateral Contact Group.

07.03.2017 30NECOM

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10. The withdrawal of all foreign armed forces, military equipment, as well as mercenaries from the territory of Ukraine under the supervision of the

OSCE. Disarmament of all illegal groups.

11. Conducting constitutional reform in Ukraine, with the new constitution coming into force by the end of 2015, providing for decentralization as a

key element (taking into account the characteristics of individual areas of the Donetsk and Luhansk regions, agreed with representatives of these

areas), as well as the adoption of the permanent legislation on the special status of individual areas of the Donetsk and Luhansk regions in

accordance with the measures specified in Note [1], until the end of 2015. (See Notes)

12. On the basis of the Law of Ukraine “On temporary order of local government in individual areas of Donetsk and Luhansk regions” the questions

regarding local elections shall be discussed and agreed with the individual areas of the Donetsk and Luhansk regions in the framework of the

Trilateral Contact Group. Elections will be held in compliance with the relevant standards of the OSCE with the monitoring by the OSCE ODIHR.

13. To intensify the activities of the Trilateral Contact Group, including through the establishment of working groups to implement the relevant

aspects of the Minsk Agreement. They will reflect the composition of the Trilateral Contact Group.

Notes:

Such measures, in accordance with the Law "On the special order of local government in individual areas of the Donetsk and Luhansk regions,"

include the following:

- Exemption from punishment, harassment and discrimination of persons associated with the events that took place in individual areas of the

Donetsk and Luhansk regions;

- The right to self-determination with regard to language;

- Participation of local governments in the appointment of heads of prosecutors’ offices and courts in individual areas of the Donetsk and Luhansk

regions;

- The possibility for the central executive authorities to conclude agreements with the relevant local authorities on economic, social and cultural

development of individual areas of Donetsk and Luhansk regions;

- The state shall support socio-economic development of individual areas of Donetsk and Luhansk regions;

- Assistance from the central government to cross-border cooperation between the individual areas of the Donetsk and Luhansk regions and

regions of the Russian Federation;

- The creation of people's militia units [police] upon the decision of local councils in order to maintain public order in individual areas of the Donetsk

and Luhansk regions;

- The powers of local council deputies and other officials elected in snap elections, appointed by the Verkhovna Rada of Ukraine according to this

law, cannot be terminated.

The document is signed by the members of a Trilateral Contact Group:

[OSCE] Ambassador Heidi Tagliavini, Second President of Ukraine L.D. Kuchma

The Ambassador of the Russian Federation to Ukraine M.Yu. Zurabov

A. V. Zakharchenko, I. V. Plotnitsky

http://www.unian.info/politics/1043394-minsk-agreement-full-text-in-english.html

07.03.2017 31NECOM

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Yanukovich rejects agreement with EU

Euromaidan starts

Agreement with opposition and departure of Yanukovich (→ document 1)

Uprising in Luhansk and Donetsk regions

First sanctions against Russia

Annexation of Crimea

Geneva statement on Ukraine (→ document 2)

Begin of counter terrorist operation in eastern Ukraine

Normandy four first meeting (this was in France, D-day celebration)

Kramatorsk and Slovyansk under control of Ukraine forces

Malaysian air flight 17 from Amsterdam to Kuala Lumpur shot down

Contact group on Ukraine crisis (→ document 3, “Minsk I”)

Escalation of fights

Merkel and Hollande go to Kiev

Merkel and Hollande go to Moscow

US threat to supply lethal weapons

Normandy four meeting in Minsk (→ document 4, “Minsk II”)

IMF agreed on a 17.5 billion $ bailout for Ukraine

Debaltseve is taken by the pro-Russian rebels 07.03.2017NECOM 32

TimelineEvent: Date:

November 2013

November 21, 2013

February 21, 2014

March 1, 2014

March 17, 2014

March 21, 2014

April 17, 2014

May, 2014

June 6, 2014

July, 2014

July 17, 2014

September 5, 2014

January, 2015

February 5, 2015

February 5, 2015

February 6, 2015

February 11, 2015

February 12, 2015

February 18, 2015

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Debaltseve Battle

‘Kettle’ formation Approximate situation at the end of

the battle

Source: Wikipedia

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Issue Document 1 “Kiev” Document 2

“Geneva”

Document 3

“Minsk I”

Document 4:

“Minsk II”

Type• Declaration of intention • Political Statement • Measures to implement

Agreement

• Measures to implement Agreement

Parties• President and

Opposition

• EU, RUS, UKR, US

(Ministers)

• RUS, UKR, Rebels, OSCE

Contact Group

• RUS, UKR, Rebels, OSCE

Contact Group

Constitution and reforms in

UKR

• Constitution of 2014

• Reform to balance

powers

• Within 48h gov of

national unity

• Call for transparent

constitutional

reform process

• Broad national

dialogue

• Decentralization of power

• Inclusive national dialogue

• Enact a law on special

status of Donetsk and

Luhansk regions

• Constitutional reform until end of 2015

• Decentralization

• Special conditions for DPR and LPR

Elections• Presidential elections

until December 2014

- • Early local elections on the

basis of the law on special

status of D. & L.

• Local elections in D. & L. by the end of 2015

on the basis of the Law of Ukraine

Finance and economics- • Importance of fin.

and econ. stability

• Economic revival of

Donbass region

• Full restoration of social-economic relations

with Donbass

Observers- • OSCE Special

Monitoring Mission

• Monitoring and verification

by OSCE

• Effective monitoring and verification by OSCE

• Use of technical means, satellites, radars etc.

Ukraine-Russia border- - • OSCE permanent

monitoring and safety

regions

• Restoration of full control over the state border

by Ukraine on the first day after local elections

Amnesty

• Amnesty • Amnesty granted

to protestors

• Enact a law prohibiting

prosecution and

punishment of persons

related to the events

• Provide pardons and amnesties by the

enactment of a law prohibiting prosecution

and punishment of persons related to the

events

Hostages- - • Immediate release of all

hostages

• Release and exchange ‘all-to-all’

Use of weapons• Illegal weapons should

be handed over to the

Ministry of Interior

• Disarmament of

illegal groups

• Immediate cessation of fire • Immediate and comprehensive ceasefire

• Withdrawal of all heavy weapons to create at

least 50 km security zone

Unlawful military formations

and mercenaries- -

• Remove unlawful military

formations, hardware and

mercenaries from UKR

• Withdrawal of all foreign armed forces,

equipment and mercenaries from Ukr.

Crimea - - - -

4.2. Conclusions 4.2.1. Summary of the four agreements

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Documents 1, 2, 3, were never fully implemented, and as result they failed to

stabilize the situation

There is a hope that Document 4 (Minsk II) will contribute to a (temporarily)

de-escalation of the conflict

Formulations of certain issues have evolved as the conflict deteriorated, for

example:

From general constitutional reform (e.g. better balance of powers) [Document 1] to

decentralization of Ukraine with special conditions for DPR and LPR [Document 4]

From no observers to effective monitoring and verification by OSCE (including use

of technical means)

From amnesty to provide pardons and amnesties by the enactment of a law

prohibiting prosecution and punishment of persons related to the events

Document 3 and 4 include concrete obligations: Who does what when and

how?

Missing:

Verification (Minsk I Art. 2, Minsk II Art. 2 last paragraph, and Art. 10) not sufficient

Enforcement

Sanctions, if violated

Last, but not least: Crimea was never mentioned in the documents 07.03.2017 35

4.2.2. Conclusions of the four agreements

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5. Events after Minsk II agreement

5.1. Oct 2014 – Dec 2015Dec 2014 – Feb 2015 Debaltseve “pocket”

12.02.15 Minsk 2 signed

12.02.15 IMF USD 40b bailout package

17.02.15 Ukrainian forces withdraw from Debaltseve

06.03.15 Ukraine and Russia agree to double OSCE monitoring mission

25.03.15 Oligarch Kolomoisky fired as Regional Governor

14.05.15 EU and NATO announce joint efforts to counter “Hybrid Warfare”

31.05.15 Saakashvili appointed as Odessa Governor

30.06.15 Gas talks – no agreement

19.07.15 US and Ukraine military exercises

28.07.15 Russia blocks UN resolution on MH17

03.08.15 Ex-Prime Minister announces “Ukraine Salvation Committee”

3.08.15 Second IMF tranche

23.08.15 Poroshenko calls for unity on constitutional questions

26.09.15 “Winter gas” package agreed

12.11.15 Power cables to Crimea and Pylons blown up

01.12.15 UKR-EUR-RUS talks on DCFTA technical implementation

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5.2. Jan 2016 – Dec 201605.01.16 Ukraine petitions for UN peacekeeping mission

19.01.16 Ukraine raises transit costs for Russian gas

22.03.16 Savchenko sentenced for 22 years

01.04.16 US announces USD 335 MM in support

07.04.16 Dutch voters reject EU-UKR association agreement

15.05.16 Ukraine singer wins Eurovision song contest

23.05.16 MH17 families sue Putin and Russia in ECHR

29.05.16 Savchenko released

03.06.16 UKR-US USD 1B loan agreement

09.06.16 Savchenko calls for direct talks with separatists

07.09.16 US imposes export restriction on 81 Russian Entities

14.09.16 IMF approves USD 18 MM tranche to Kiev

28.09.16 MH17 investigations concluded

17.10.16 “Motorola” killed

07.11.16 Saakashvili resigns

05.12.16 Naftogas re-enters gas negotiations with Russia

08.12.16 EU approves visa-free travel for Ukraine and Georgia

15.12.16 EU extends sanctions against Russia

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5.3. Jan 2017 – nowadays01.02.17. Poroshenko plans referendum to join NATO

01.02.17. Surge of violence

08.02.17. Rebel commander “Givi” killed

End of February 2017 Coal supply and railway from Donetsk and Lugansk blocked

01.03.17. Separatists seize control over coal producing companies

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‘How the west lost Putin’, Financial Times (3.02.2015):

“US insiders say the president [Obama] feels Mr Putin was unresponsive to efforts to build a relationship. “Obama sees the world in win-win terms,

Putin sees it in zero-sum terms,” says the ex-diplomat.

In interview with ABC News Presidential Candidate Donald Trump says he will consider recognizing crimea as art of Russia: "But you

know, the people of Crimea, from what I've heard, would rather be with Russia than where they were. And you have to look at that, also.“

(30.07.2016)

NY Times: Secret Ledger Found in Ukraine Shows $12.7 mil Earmarked for Paul Manafort (15.08.2016)

A secret ledger found in the former office of a pro-Russian Ukrainian political party shows that $12.7 million was earmarked for Trump adviser Paul

Manafort over five years. Ukrainian prosecutors are also investigating Manafort’s involvement in offshore shell companies and purchase of

Ukrainian television assets with a Russian oligarch.

U.S. Imposes Export Restrictions on 81 Russian Entities (7.09.2016):

The U.S. Department of Commerce added 81 Russian entities to an export-control list as part of U.S. sanctions against Russia in response to

Russian actions in Ukraine. Many of the entities added to the Entity List are already sanctioned by the U.S. Department of the Treasury. Eleven of

the entities on the list manufacture electronic components within the Russian Defense industry and were added to the list for evading previous

sanctions. The Department of Commerce’s Bureau of Industry and Security requires U.S. and Foreign companies to obtain additional licensing for

U.S.-origin items before exporting or re-exporting them to companies and individuals on the Entity List.

Democratic Presidential Nominee Hillary Clinton meets with President Poroshenko

Both Democratic Presidential Nominee Hillary Clinton and Republican Presidential Nominee Donald Trump were invited to meet with Ukrainian

President Petro Poroshenko on the sidelines of the United Nations General Assembly in New York. Hillary Clinton opted to meet with Poroshenko

on Monday September 19 and the two discussed the importance of continued sanctions imposed on Moscow after Russia’s annexation of Crimea in

2014. Donald Trump opted not to meet Poroshenko and moved on to other events on the campaign trail.

Poroshenko and Trump had a telephone conversation (15.11.2016):

In his first phone call with President-elect Donald Trump, Ukrainian President Petro Poroshenko called for Washington’s "resolute support...in

countering Russian aggression.” Poroshenko said he was ready to work with Trump's new administration to strengthen bilateral ties, according to a

statement posted on his website. He said the two agreed to meet in the future and that plans were being made for Poroshenko to visit Washington

early in 2017, although Poroshenko did not mention a specific date. Poroshenko also stressed the need for Washington’s support for Ukraine to

implement "crucial reforms." The conversation comes one day after Donald Trump and Russian President Vladimir Putin spoke by phone.

07.03.2017 39

5.4. US elections – “Trump factor”

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The war has had catastrophic consequences with 6000 fatalities,

destroyed infrastructure, and an even more precarious economic

situation in Ukraine

So far mixed results regarding the ceasefire agreement

Does the Minsk II meet the real interests of the parties?

UKR:

Free development of its relationship with the partners of their choice

Control the whole territory

RUS (more difficult to identify):

Keep zone of influence around Russia → limit the maneuverability of UKR

“Transnistrianization” of Novorossija

Show determination to protect Russian minorities

Access to Crimea and Moldova (Will Mariupol be the next Debaltseve?)

Enforcement of Russian interests has taken place

De facto division of Ukraine07.03.2017NECOM 40

6. Comments (NECOM-ETH)


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