16 May 2023

The Minsk Agreements

 The Minsk Agreements

(We, in the West, and certainly we in Britain, should know more about the Minsk Agreements. The Minsk Protocol (Minsk 1) of 5th September 2014 was barely heeded, and by January 2015 was dead. The revised Minsk Agreement (Minsk 2) of 12 February 2015 was signed by the combatants plus  Swiss and Russian diplomats. The Russian text is available at [1], and in English at [2] whence I have transcribed it below.)

Minsk 2

The full text of the agreement is as follows [2]:

1. Immediate and full ceasefire in particular districts of Donetsk and Luhansk oblasts of Ukraine and its strict fulfilment as of 00:00 midnight EET on 15 February 2015.

2. Pull-out of all heavy weapons by both sides to equal distance with the aim of creation of a security zone on minimum 50 kilometres (31 mi) apart for artillery of 100mm calibre or more, and a security zone of 70 kilometres (43 mi) for multiple rocket launchers (MRLS) and 140 kilometres (87 mi) for MLRS Tornado-S, Uragan, Smerch, and Tochka U tactical missile systems:

* for Ukrainian troops, from actual line of contact; 
* for armed formations of particular districts of Donetsk and Luhansk oblasts of Ukraine, from the contact line in accordance with the Minsk Memorandum as of 19 September 2014

The pullout of the above-mentioned heavy weapons must start no later than the second day after the start of the ceasefire and finish within 14 days.

This process will be assisted by OSCE [3] with the support of the Trilateral Contact Group [3].

3. Effective monitoring and verification of ceasefire regime and pullout of heavy weapons by OSCE will be provided from the first day of pullout, using all necessary technical means such as satellites, drones, radio-location systems etc.

4. On the first day after the pullout a dialogue is to start on modalities of conducting local elections in accordance with the Ukrainian legislation and the Law of Ukraine "On temporary Order of Local Self-Governance in Particular Districts of Donetsk and Luhansk Oblasts," and also about the future of these districts based on the above-mentioned law.

Without delays, but no later than 30 days from the date of signing of this document, a resolution has to be approved by the Verkhovna Rada of Ukraine, indicating the territory which falls under the special regime in accordance with the law "On temporary Order of Local Self-Governance in Particular Districts of Donetsk and Luhansk Oblasts," based in the line set up by the Minsk Memorandum as of 19 September 2014.

5. Provide pardon and amnesty by way of enacting a law that forbids persecution and punishment of persons in relation to events that took place in particular districts of Donetsk and Luhansk oblasts of Ukraine.

6. Provide release and exchange of all hostages and illegally held persons, based on the principle of "all for all". This process has to end – at the latest – on the fifth day after the pullout (of weapons).

7. Provide safe access, delivery, storage and distribution of humanitarian aid to the needy, based on an international mechanism.

8. Define the modalities of a full restoration of social and economic connections, including social transfers, such as payments of pensions and other payments (income and revenue, timely payment of communal bills, restoration of tax payments within the framework of Ukrainian legal field).

With this aim, Ukraine will restore management over the segment of its banking system in the districts affected by the conflict, and possibly, an international mechanism will be established to ease such transactions.

9. Restore control of the state border to the Ukrainian government in the whole conflict zone, which has to start on the first day after the local election and end after the full political regulation (local elections in particular districts of Donetsk and Luhansk oblasts based on the law of Ukraine and Constitutional reform) by the end of 2015, on the condition of fulfilment of Point 11 – in consultations and in agreement with representatives of particular districts of Donetsk and Luhansk oblasts within the framework of the Trilateral Contact Group.

10. Pullout of all foreign armed formations, military equipment, and also mercenaries from the territory of Ukraine under OSCE supervision. Disarmament of all illegal groups.

11. Constitutional reform in Ukraine, with a new constitution to come into effect by the end of 2015, the key element of which is decentralisation (taking into account peculiarities of particular districts of Donetsk and Luhansk oblasts, agreed with representatives of these districts), and also approval of permanent legislation on the special status of particular districts of Donetsk and Luhansk oblasts in accordance with the measures spelt out in the attached footnote, by the end of 2015.

12. Based on the Law of Ukraine "On temporary Order of Local Self-Governance in Particular Districts of Donetsk and Luhansk Oblasts", questions related to local elections will be discussed and agreed upon with representatives of particular districts of Donetsk and Luhansk oblasts in the framework of the Trilateral Contact Group. Elections will be held in accordance with relevant OSCE standards and monitored by OSCE/ODIHR.

13. Intensify the work of the Trilateral Contact Group including through the establishment of working groups on the implementation of relevant aspects of the Minsk agreements. They will reflect the composition of the Trilateral Contact Group. The document was signed by:

*Separatist's leaders Alexander Zakharchenko and Igor Plotnitsky.
*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.

REFERENCES
[1] https://www.osce.org/files/f/documents/5/b/140221.pdf
[2] https://en.wikipedia.org/wiki/Minsk_agreements.
[3] https://en.wikipedia.org/wiki/Trilateral_Contact_Group_on_Ukraine

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