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Political consequences of the conflict in Ukraine

Doc. 14130: collection of written amendments | Doc. 14130 | 11/10/2016 | Final version

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1More than two years after the outbreak of the military conflict in Ukraine, the Parliamentary Assembly is deeply concerned about its political consequences both for Ukraine itself and for the overall stability and security in Europe.

In the draft resolution, paragraph 1, first sentence, replace the words "of the military conflict in Ukraine" with the following words: "of the Russian attempt to annex the Autonomous Republic of Crimea and further military aggression in the east of Ukraine,"

2For Ukraine, the conflict has resulted in the violation of its sovereignty and territorial integrity. This started, in the aftermath of the Euromaidan, with the illegal annexation of Crimea by the Russian Federation and has continued with Russia’s support to separatists in eastern Ukraine and its growing role in the ongoing conflict. Since mid-April 2014, more than 9 300 people have been killed, more than 21 500 people have been injured and almost one and a half million people have left their homes as a result of the conflict. Hundreds are held captive or are reported missing.
3The Assembly reaffirms its commitment to the principle of peaceful settlement of disputes and to the independence, sovereignty and territorial integrity of Ukraine, within its internationally recognised borders.
4As regards Crimea, the Assembly reiterates its condemnation of the illegal annexation of the peninsula and its continuing integration into the Russian Federation, in breach of international law and the Statute of the Council of Europe (ETS No. 1). It regrets that, despite the continuing refusal of the international community to recognise Crimea’s annexation by the Russian Federation and the application of various types of sanctions against the Russian Federation and Russian citizens, not only has the annexation not been reversed, but the human rights situation in the peninsula continues to deteriorate. In particular, the Assembly:

In the draft resolution, after paragraph 4, insert the following paragraph:

"condemns the illegal Duma elections held on 18 September in occupied Crimea and considers their results null and void. The incorporation of Ukrainian sovereign territory into Russian federal constituencies and the creation of four single-member constituencies are blunt violations of international law and effectively compromise the legitimacy of the Russian parliament."

4.1is deeply concerned about actions against critical media outlets, acts of intimidation and harassment against opponents, cases of disappearances and threats of abduction and the repression of persons belonging to minorities, in particular the Crimean Tatars, in the application of the law on extremism;
4.2considers the banning of the Mejlis of the Crimean Tatar People, declared to be “an extremist organisation”, to be a harsh repressive measure targeting the whole Crimean Tatar community and calls for this measure to be reversed;
4.3calls for full and unrestricted access to the Crimean Peninsula of all human rights bodies of the Council of Europe in order for them to carry out their monitoring activities unimpeded and in accordance with their mandates;
4.4calls on the Russian authorities to reverse the illegal annexation of Crimea and allow Ukraine to regain control of the peninsula.
5As regards the ongoing conflict in eastern Ukraine, the Assembly is deeply concerned about the continuing violations of the ceasefire, in breach of the Minsk Agreements and the Package of Measures for their Implementation of February 2015. The escalation of violence along the contact line in Donbas has resulted in the movement of positions of the two sides closer to the contact line and in an increase in the number of civilian casualties caused by shelling. The Assembly also regrets increasing violations of weapon withdrawal commitments and restrictions on the freedom of movement of the Special Monitoring Mission of the Organization for Security and Co-operation in Europe (OSCE).

In the draft resolution, before paragraph 5, insert the following paragraph:

"Moreover, in accordance with reports of authoritative international and non-governmental organizations (in particular Freedom House, Amnesty International, Human Rights Watch and many others), there are signs of violations of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination by the Russian Federation in occupied Crimea in relation to Crimean Tatars. In particular, the Russian Federation does not guarantee the right of Crimean Tatars to equality before the law, notably in the enjoyment of the right to security of the person and protection by the State against violence or bodily harm, the right to freedom of movement, the right to freedom of thought, conscience and religion, the right to freedom of opinion and expression and the right to freedom of peaceful assembly and association. Such violations may be seen in the enforced disappearances of Crimean Tatars, the prohibition on the entry to Crimea of the leaders of the Crimean Tatar people, the interference with religious practices, the prohibition of Crimean Tatar mass media and the prohibition of the activity of the Mejlis of the Crimean Tatar People, the highest recognized executive and political organ of Crimean Tatars."

6The Assembly reiterates its support for a peaceful solution to the conflict and for the Minsk process. It asks once again:

In the draft resolution, at the beginning of paragraph 6, insert the following words: "Acknowledging that military methods of conflict resolution do not facilitate national understanding and security in the European region,"

6.1the Russian Federation to withdraw its troops from the territory of Ukraine and stop military supplies to the separatists;
6.2all sides to implement, responsibly and in good faith, the commitments undertaken under the Minsk Agreements and the Package of Measures for their Implementation, starting with the full respect of the ceasefire.
7The Assembly regrets that, against a security situation that has deteriorated and in the absence of a sustainable ceasefire, there has been no progress in the implementation of the political aspects of the Package of Measures for the Implementation of the Minsk Agreements.
8As regards, in particular, the issue of local elections to be organised in Donbas, the Assembly underlines that for such elections to be in line with Ukrainian legislation and international standards on free and fair elections there is need to ensure: an improved security environment, following the withdrawal of troops and weapons, and safe storage of weapons under international supervision; the possibility for all Ukrainian parties to participate in the elections and for Ukrainian media to broadcast in Donbas during the campaign; and respect of the right of people from Donbas who are internally displaced in Ukraine or have sought asylum in the Russian Federation to take part in the vote.

In the draft resolution, paragraph 8, first sentence, replace the words "following the withdrawal of troops and weapons" with the following words: "full access for the OSCE Special Monitoring Mission (SMM) throughout the entire territory of Donbas, with the border sealed and controlled by the SMM following the complete withdrawal of Russian troops, mercenaries and weapons".

9The Assembly welcomes the release of one of its members, Ms Nadiia Savchenko, after repeated calls by the international community, including more recently in Assembly Resolution 2112 (2016) on the humanitarian concerns with regard to people captured during the war in Ukraine. It also welcomes the release of Mr Yuri Soloshenko and Mr Gennady Afanasyev and of other prisoners. These releases are not only important humanitarian gestures, but also offer an opportunity to build trust between the sides to the conflict and provide the Minsk process with positive momentum. The Assembly reiterates its call for the release of all captured persons in line with Resolution 2112 (2016).
10The Assembly joins the Council of Europe Commissioner for Human Rights in his call to ensure accountability for serious human rights violations committed during the conflict as a key to the reconciliation process. Perpetrators of grave crimes, such as unlawful killings, enforced disappearances and torture on both sides of the contact line, must be brought to account.

In the draft resolution, at the end of paragraph 10, add the following sentence: "The Assembly regrets the fact that amendments to the Ukrainian Constitution regarding the judiciary have delayed the ratification of the Rome Statute, and calls upon the Ukrainian government to ratify the Statute as soon as possible."

11Only a democratic Ukraine with stable, efficient and accountable institutions, following through at last with the promises of the Euromaidan to reform a corrupt and oligarchic system, will be a strong and prosperous Ukraine, capable of stopping external aggression and restoring peace. Therefore, the Assembly:

In the draft resolution, paragraph 11, after the word "institutions," insert the following words: "strong political opposition and free media,"

11.1while welcoming the adoption of constitutional amendments on the judiciary, urges the Ukrainian authorities to implement effectively the new measures, resolutely combat all forms of corruption, including at the highest political level, ensure the effective functioning of the newly established anti-corruption institutions and further pursue reforms, including the constitutional reform on decentralisation;

In the draft resolution, before paragraph 11.1, insert the following paragraph:

"deeply concerned to observe the regular pressure imposed on political opposition and independent media, calls on the Ukrainian authorities to follow international democratic standards, including media pluralism and the existence of independent political opposition;"

11 October 2016

Tabled by Mr Dmytro SHPENOV, Ms Yuliya LOVOCHKINA, Ms Renata DESKOSKA, Lord Donald ANDERSON, Mr Antonio GUTIÉRREZ LIMONES

Votes: 90 in favor 7 against 8 abstentions

In the draft resolution, before paragraph 11.1, insert the following paragraph:

"calls on the Ukrainian authorities to establish a national dialogue and to harmonise relations between different ethnic, linguistic, religious and regional groups in Ukrainian society;"

11.2calls on the Ukrainian authorities to react positively to opinions by the European Commission for Democracy through Law (Venice Commission) concerning Ukraine;

In the draft resolution, paragraph 11.2, replace the words "react positively to opinions by the European Commission for Democracy through Law (Venice Commission) concerning Ukraine" with the following words: "consider positively the recommendation of the European Commission for Democracy through Law (Venice Commission) to implement its recommendations on the Lustration law and to ensure further reforms in line with European standards;"

11.3calls on the Ukrainian authorities to ensure that the investigations and proceedings related to the violent incidents during the Euromaidan demonstrations, as well as to the tragic events in Odessa in May 2014, are accelerated and carried out impartially so as to deliver justice and enhance public confidence in the criminal justice system, in line also with the recommendations by the International Advisory Panel set up by the Secretary General of the Council of Europe;
11.4welcomes the intensified support that the Council of Europe offers to Ukraine, notably through the Council of Europe Action Plan 2015-2017, and calls on member States to consider further funding, including through voluntary contributions.
12Beyond Ukraine, the Assembly regrets that the conflict and the Russian Federation’s actions in this respect have undermined the overall stability and security on the continent as well as the achievements towards a strategic partnership with the Russian Federation over the last decades. The European Union should also draw its own lessons and reflect upon strategies for the future of the region which will de-escalate the current tensions and help to rebuild confidence in its neighbourhood.
13Concerning the economic consequences of the conflict, the Assembly notes that they are considerable not only for Ukraine itself and for the Russian Federation, but also for the European Union and several European countries which have been affected to varying but significant degrees by the sanctions against the Russian Federation and Russian counter-sanctions. The debate over sanctions divides the European Union and threatens its cohesion.

In the draft resolution, at the end of paragraph 13, insert the following sentence: "However, international pressure, including sanctions, must be maintained until Russian aggression has ceased and the sovereignty and territorial integrity of Ukraine within its internationally recognised borders has been fully restored."

14The Assembly urges Council of Europe member States to do everything in their power to support the peace process in Ukraine so as to avoid a further escalation of violence, with dangerous consequences for civilians living in the conflict area, or the development into a “frozen” or “semi-frozen” conflict, prolonging instability and insecurity in Ukraine and the whole of Europe.
15For its part, the Assembly could serve as a unique platform for dialogue and inter-parliamentary co-operation and make a positive contribution to the peaceful solution of the conflict, notably by helping to build confidence. It regrets that it has so far been unable to play its natural role of parliamentary diplomacy, mainly due to the fact that Russian parliamentarians have not participated in its activities for two consecutive years. Regardless of the divergences on the origin of the crisis, the Assembly reiterates its call on the Russian Parliament to engage in a constructive dialogue with the Assembly in mutual respect.

In the draft resolution, paragraph 15, at the end of the second sentence, after the words "two consecutive years" insert the following words: "and have ceased co-operation with the Assembly's monitoring procedure".

In the draft resolution, paragraph 15, final sentence, replace the words "Parliament to engage in a constructive dialogue with the Assembly in mutual respect" with the following words: "authorities to implement the demands of the Assembly formulated in Resolutions 1990(2014), 2034(2015) and 2063(2015) and resolves that only significant and measurable progress towards their implementation can form the basis for restoration of a fully-fledged, mutually respectful dialogue with the Assembly."

16The Assembly resolves to continue to follow closely the political and humanitarian consequences of the conflict in Ukraine as well the human rights and rule of law-related challenges it raises in areas under or outside Ukrainian Government control.

In the draft resolution, at the end of paragraph 16, add the following words: "and to consider these issues at its October 2017 part-session, provided there is no emergency requiring that it be done sooner."

11 October 2016

Tabled by Mr Oleksii GONCHARENKO, Mr Mustafa DZHEMILIEV, Ms Olena SOTNYK, Mr Serhii SOBOLIEV, Mr Volodymyr ARIEV, Mr Georgii LOGVYNSKYI, Ms Nadiia SAVCHENKO, Mr Serhii KIRAL, Lord David BLENCATHRA

If adopted, amendment 10 falls.

Votes: 62 in favor 29 against 14 abstentions

In the draft resolution, in the title, replace the words "conflict in Ukraine" with the following words: "Russian aggression in Ukraine".

In the draft resolution, in the title, after the word "in" insert the words "and around".