UKRAINE’S VIOLATIONS OF THE MINSK-2 ACCORD

From 17 March 2015, Kiev has been in violation of no less than seven articles and nine obligations it signed on under the Minsk-2 accord.

1. Ukraine has refused (as was stipulated in the Minsk 2 agreement) to engage a dialogue with the Donbass regions’ representatives (1) either on the modalities related to conducting elections in the Donbass, (2) or on the Ukrainian law to be adopted according to Minks-2 on the temporary order of local government in certain areas of the Donetsk and the Lugansk regions, or (3) with respect to the future operations of these areas on the basis of the law or for that matter (4) on any other subject related to the crisis.
2. No later than 30 days from the date of signing the Minsk-2 accord, the Verkhovna Rada of Ukraine was to adopt a resolution with the specification of the territory covered by the special regime provided for in the Law of Ukraine on the temporary order of local government in certain areas of the Donetsk and the Lugansk regions, (such territory) to be based on the line set out in the Minsk Memorandum of September 19, 2014. The stipulation that Kiev consult i.e. negotiate- in dialogue with Donbass representatives on the temporary order of local government etc. is reiterated in Minsk-2’s article 12. Instead of dialogue on the temporary local government law, on 17 March 2015 the Verkhovna Rada passed unilaterally a corresponding resolution having failed to consult with the Donbass representatives in a dialogue, as stipulated in the Minsk agreement.
3. Article 11 of the Minsk-2 did require Kiev to adopt a new constitution with entry into force by the end of 2015 which should incorporate decentralization as a key element (taking into account the characteristics of certain areas of the Donetsk and the Lugansk regions, to be agreed upon with the representatives of these areas) as well as, before the end of 2015, adoption of permanent legislation with respect to the special status of certain areas of the Donetsk and the Lugansk regions in accordance with the measures specified in the Note. Minsk-2’s ‘Note’ mandates that the new constitution and any corresponding laws for decentralization provide for

• Linguistic self-determination to allow Donbass and perhaps other regions to use minority languages such as Russian;
• Participation of local governments in appointing the heads of prosecutorial bodies and the courts in certain areas of Donbass (Donetsk and Lugansk);
• The possibility for the central executive authorities to conclude agreements with authorities in the Donbass on economic, social and cultural development in certain regions;
•  The establishment of People’s Militia by order of local councils for maintaining public order in Donbass;
• And several other clauses.

Neither a new constitution or a law on decentralization and the other issues listed in the Note have been adopted by Kiev.

Neither has Kiev

1. lifted the blockade to the separatist Donbass regions;
2. reopened Ukrainian banking in those regions, nor
3. issued the across-the-board amnesty for the rebels required by the agreement.