REVISITING THE MINSK II AGREEMENT

The key military element of Minsk II is the disarmament of the separatists and the withdrawal of Russian “volunteer” forces, together with a vaguely worded suggestion for the temporary removal the Ukrainian armed forces (exclusive of border guards). The key political element consists of three essential and mutually dependent parts: demilitarization; a restoration of Ukrainian sovereignty, including control of the border with Russia; and full autonomy for the Donbas in the context of the decentralization of power in Ukraine as a whole.

The Minsk II Protocol was endorsed unanimously by the UN Security Council, including the United States. Samantha Power, then US ambassador to the United Nations, told the Security Council in June 2015, “The consensus here, and in the international community, remains that Minsk’s implementation is the only way out of this deadly conflict.” Both subsequent US administrations have officially supported the Minsk II Protocol. Yet the settlement envisioned by Minsk II has not come to pass. No political agreement on autonomy for the Donbas has been reached, Ukrainian sovereignty has not been restored, separatist forces have not disarmed, and Russian “volunteers” have not withdrawn.

A new US approach to peace in Ukraine should begin with a public restatement by the Biden administration of America’s commitment to the principles of Minsk II in particular, and to the idea of a pluralist, multi-ethnic, and federal Ukrainian republic in general. It is only on this basis that Ukraine can ever be brought back together again and that Ukrainian stability, security, and unity can be guaranteed in the long term.

Finally, and most important, repeated opinion polls in the Donbas and (before 2014) free elections there indicated that many of its inhabitants favored autonomy for the region within Ukraine and that equally large majorities in eastern and southern Ukraine favored a multi-ethnic state with official status for the Russian language and culture, not the ethnic-nationalist state promoted since 2014 by a succession of Ukrainian governments backed by the West.

To bring about a peace settlement, it is necessary to eliminate or discount the factors that brought about a failure of the Minsk II agreement. Chief among these is Ukraine’s refusal to guarantee permanent full autonomy for the Donbas. The main reason for this refusal, apart from a general commitment to retain centralized power in Kiev, has been the belief that permanent autonomy for the Donbas would prevent Ukraine from joining NATO and the European Union, as the region could use its constitutional position within Ukraine to block membership. The official US commitment to eventual Ukrainian NATO membership—however empty in real terms—has in turn inhibited the United States from playing a positive role in resolving the conflict.

Realistically speaking, Minsk II’s basic terms—an end to the war and autonomy for the Donbas within Ukraine—are the best deal that Ukraine is ever going to get.

If the United States drops the hopeless goal of NATO membership for Ukraine, it will be in a position to pressure the Ukrainian government and parliament to agree to a “Minsk III” by the credible threat of a withdrawal of US aid and political support. And if Moscow were to reject or sabotage this agreement, or permit the Donbas separatists to do so, then all existing Western sanctions against Russia related to the Donbas and Crimean disputes should not only remain in place but be greatly intensified.

 The United States ought to promote the following main terms for a settlement:

§ A Ukrainian constitutional amendment establishing the Donbas region as an autonomous republic within Ukraine (including those parts of the Donetsk and Luhansk provinces currently controlled by Ukraine); and

§ A constitution for the Donbas Autonomous Republic (including its constitutional relationship with Ukrainian national institutions in Kiev) to be submitted to the people of Donetsk and Luhansk in a referendum supervised and monitored by the UN and the Organization for Security and Cooperation in Europe.

If a majority of voters in the Donbas oppose the constitutional amendment, then they will have chosen to remain within Ukraine under its present unitary constitution. But in the likely event of approval in the referendum, the amendment would then be submitted to the Ukrainian parliament. If the parliament rejected it, a new internationally supervised referendum would be held giving the people of the region a straight choice between rejoining a unitary Ukraine and becoming independent, with a future option to join the Russian Federation.

In order to secure the establishment and maintenance of autonomy, the referendum on autonomy and the establishment of a regional government under the Ukrainian constitution must come before Ukraine takes control of the border with Russia. The police and courts in the Donbas Autonomous Republic would come under the regional government. Military security would be provided by a UN peacekeeping force drawn from neutral countries outside Europe and established as part of a Security Council resolution in support of the peace settlement. US and NATO forces would not be included, nor would Russian forces or those of countries allied to Russia. This peacekeeping force would also supervise and certify the disarmament of the existing separatist armed forces, the withdrawal of all Russian forces, and the withdrawal of the Ukrainian armed forces from their present positions in Donetsk and Luhansk.

These proposals will meet with strong opposition from Ukrainian nationalists and their supporters in the West, including some in the US Congress. Such opponents, however, have a duty to say what they themselves are proposing as an alternative to a settlement based on the Minsk II Protocol. Is it remotely likely that the West can bring enough economic pressure to bear on Russia to force it to abandon the Donbas without guarantees of autonomy? If not, can Ukraine win a war against Russia to force Russia to do so? If this is impossible, will the United States ever deliberately go to war with Russia to compel it to abandon the Donbas? Without a solution to the Donbas conflict, can Ukraine ever hope to join the EU?

Since the answer to all of these questions is no, the only basis for a settlement is that of the Minsk II Protocol. At present, the US approach to Ukraine is a zombie policy—a dead strategy that is wandering around pretending to be alive and getting in everyone’s way, because US policy-makers have not been able to bring themselves to bury it.