Unanimously Adopting Resolution 2202 (2015), Security Council Calls on Parties to Implement Accords Aimed at Peaceful Settlement in Eastern Ukraine
Unanimously Adopting Resolution 2202 (2015), Security Council Calls on Parties to Implement Accords Aimed at Peaceful Settlement in Eastern Ukraine
Expressing the Security Council’s grave concern at the tragic events and violence in eastern regions of Ukraine, the 15-member body today unanimously adopted a resolution endorsing last week’s ceasefire agreement.
By resolution 2202 (2015), the Council called on all parties to fully implement the “Package of Measures for the Implementation of the Minsk Agreements”, adopted on 12 February 2015 in Minsk, Belarus. Firmly convinced that the resolution of the situation in eastern regions of Ukraine could only be achieved through a peaceful settlement to the current crisis, the Council welcomed the declaration by the Heads of State of the Russian Federation, Ukraine, France and Germany in support of the “package of measures” and their continuing commitment to implement the agreements.
The 13-paragraph “package of measures”, contained in Annex I of the resolution, called for a number of actions. Those included an immediate and comprehensive ceasefire in certain areas of the Donetsk and Luhansk regions of Ukraine and its strict implementation as of 15 February 2015, as well as the withdrawal of all heavy weapons by both sides by equal distances in order to create a security zone. Measures also included the withdrawal of all foreign armed formations, military equipment and mercenaries from the territory of Ukraine under the monitoring of the Organization for Security and Cooperation in Europe (OSCE), as well as the disarmament of all illegal groups.
In addition, the package called for carrying out reform in Ukraine with a new constitution entering into force by the end of 2015. That document had to provide for decentralization, as well as adopting permanent legislation on the special status of certain areas of the Donetsk and Luhansk regions in line with eight measures until the end of 2015.
Following the resolution’s adoption, some speakers expressed concern about ongoing intense fighting and called for an end to violence. Speakers also supported the Council’s role in urgently addressing an increasingly troubling humanitarian crisis that had seen more than 5,000 killed and 1.5 million displaced. Council members had also emphasized that perpetrators must be held accountable for the 2014 downing of the Malaysian airliner that killed 298 people.
Echoing a common view, the representative of France said it was the Council’s collective responsibility to “silence the guns”. The representative of Germany said the resolution was of utmost importance, conveying a stern message to those who violated the ceasefire.
Agreeing, the representative of Ukraine called on the Security Council’s permanent members to prevent violations. He also emphasized that the Russian Federation needed to secure its borders with his country and urge militants to honour the Agreements.
The representative of the Russian Federation said his country had continually done its utmost to ensure that open dialogue be established between the parties to the conflict. Underlining that the current package of measures presented an opportunity to “turn this tragic page in history”, he warned against unilateral measures that would contradict the spirit of the Minsk Agreements.
Also speaking were representatives of the United Kingdom, United States, Spain, Chile, Malaysia (speaking for Australia, Belgium, Canada, Indonesia, Netherlands, New Zealand and the Philippines), New Zealand, Nigeria, Lithuania, Chad, Venezuela, Jordan and China.
The meeting began at 3:07 p.m. and ended at 4:28 p.m.
VITALY CHURKIN (Russian Federation) said that the events that had taken place in Ukraine in recent months were tragic. Thousands had died and over a million civilians had left the conflict zone, many of them seeking shelter in Russian territory. The agreement of 12 February in Minsk presented a genuine opportunity to “turn this tragic page in history”, he said, warning against unilateral measures that would contradict the spirit of the Minsk agreement. The Russian Federation had continually done its utmost to ensure that open dialogue be established between the parties to the conflict, he added.
MARK LYALL GRANT (United Kingdom) said that his country had voted in favour of the resolution, as it recognized the importance of backing the recent agreements unanimously in the Security Council. The parties to the conflict must commit to the recent ceasefire, and “this time, we must see commitments translated into action,” he said. To date, the ceasefire had been in place for two and a half days, and it appeared that it had been respected with the exception of a “flagrant” disregard in the Ukrainian town of Debaltseve. It was totally unacceptable that rebel leaders had made statements to the effect that the ceasefire did not apply to Debaltseve. The Organization for Security and Cooperation in Europe (OSCE) must have immediate access to that town. “We call on Russia to use its influence on the separatists” to uphold the ceasefire, he said, adding that he also expected to see the withdrawal of heavy weapons by both sides within the next two weeks. The Council must play its full role to ensure that there was complete compliance with the ceasefire and to ensure the full territorial integrity of Ukraine.
SAMANTHA POWER (United States) said it was ironic that the Russian Federation had called the meeting to adopt a resolution on a conflict that it had fuelled. Amid conflicting reports about whether or not Debaltseve had fallen, the ceasefire that had been in effect since Sunday had not been respected, with many civilians enduring the terror of ongoing assaults. In addition, forces that the Russian Federation had trained and armed were still active. Her Government had, since the outset of the crisis, supported Ukraine’s sovereignty, the ending of violence and, today, the “package of measures”, which was a road map to fulfilling the Minsk Agreements made in September 2014. All parties must implement all commitments made. Too often, Council debates occurred in a vacuum that did not consider reality on the ground, she said, calling on the Russian Federation to take action to end the violence.
FRANÇOIS DELATTRE (France) said the emergency in Ukraine had called for action. Given the troubling humanitarian situation, it was the Council’s collective responsibility to “silence the guns”. The path towards peace hinged on diplomacy and resolution 2202 (2015) reflected the Council’s action in tracing that path. Sadly, fighting had continued, he said, calling for an end to violence immediately. Establishing an expanded buffer zone and removing heavy weapons over the coming two weeks were among the steps to be taken towards peace. All parties should fully and lastingly shoulder their responsibilities to move forward on the path towards peace.
ROMÁN OYARZUN MARCHESI (Spain) said he had voted in favour of resolution 2202 (2015) because the Council must urgently act. Grateful for the steps taken by France and Germany, he said it was clear that a military option would not solve the crisis. The recently released Security Council press statement had recognized that the ceasefire had not been respected. The success of the package of measures was essential for peace and stability in Ukraine, the region and the world, with the European Union and OSCE playing key roles and both acting responsibly and together to resolve the crisis.
CRISTIÁN BARROS MELET (Chile) said the ceasefire would lead to an end of the crisis and that resolution 2202 (2015) contained important elements in that regard. He said the 13 points of the Minsk Agreement would benefit the people of Ukraine. With a view to ending the violence, he called on all parties to comply with the ceasefire until a solution was found to resolve the current crisis.
HUSSEIN HANIFF (Malaysia), also speaking on behalf of Australia, Belgium, Canada, Indonesia, Netherlands and the Philippines, said that his country believed that the resolution just adopted conveyed the Council’s full support for the negotiated ceasefire and peace agreements. However, recent developments in eastern Ukraine proved that the situation was more urgent than ever. The conflict had gone on far too long and had claimed the lives of too many innocent people, including those on board flight MH17 which was tragically shot down over the conflict area on 17 July 2014. All States must cooperate fully with efforts to bring those responsible for that tragedy to justice. The resolution adopted today was unambiguous in that respect, he said, reiterating that international standards regarding accountability applied to all Member States. He called on the parties to the conflict to adhere to the Minsk agreements, as well as the sovereignty, territorial integrity, independence and unity of Ukraine.
JIM MCLAY (New Zealand) said that it was no secret that the Council had struggled to negotiate a mutually acceptable text for the resolution adopted today. However, that should not obscure the simple truth: the overall objective must be to see lives saved, to respect Ukraine’s sovereignty and territorial integrity and to bring an end to external support for the separatists. Ceasefires did not always hold with consistency at all times in all places, but the Council had today sent a strong signal of its support by unanimously adopting the resolution. In addition, the Council’s previous decisions on the downed aircraft, MH17, were clear. The victims of that tragedy must not be forgotten, and those responsible must be held accountable. Therefore, the amnesty offered by the resolution adopted today should not apply to those responsible for that crime. The Russian Federation, in particular, should use its “undoubted” influence on the separatists to ensure that they uphold the ceasefire.
KAYODE LARO (Nigeria) said it was important for the Council to send a message that it was imperative to find a lasting solution to the crisis in Ukraine. There would be no military solution to the conflict, he said, noting that all parties should pursue a resolution to the situation through dialogue that did not impinge the territorial integrity of Ukraine.
RAIMONDA MURMOKAITĖ (Lithuania) said the humanitarian crisis, with more than 5,000 deaths and 1.5 million displaced persons, had been exacerbated by an influx of Russian weapons. Even while the “package of measures” was being drafted, foreign tanks had rolled into Ukraine and heavily armed criminals had continued their onslaught against Debaltseve, with threats to continue their “deadly march” up to Kharkiv and further. Ceasefires, including the most recent, had been violated, with militants waging a war with the Russian Federation’s help. Peace would have been possible without that country’s support to the militants. While the package was flawed, its elements must be respected and the Minsk Agreements must be implemented. “We know well what needs to be done,” she said, emphasizing the need for monitoring and for the Russian Federation to end its support for militants.
BANTE MANGARAL (Chad) said his country strongly supported the resolution for its contribution towards addressing the situation. He also urged all actors to implement every element of resolution 2202 (2015) to help to put an end to the crisis in Ukraine.
RAFAEL DARÍO RAMÍREZ CARREÑO (Venezuela) said his country supported the resolution as diplomatic means were the only solution to the conflict. The resolution and the Minsk Agreements needed to have full political support for their full implementation, he said, adding that he trusted that parties would commit to those efforts. In addition, a transparent international investigation must be undertaken with regard to the downing of the Malaysian Airlines passenger jet. It was not a time to spread hate but to promote peace, dialogue and diplomacy.
MAHMOUD DAIFALLAH MAHMOUD HMOUD (Jordan) said that a political settlement was the right way to help Ukraine regain its stability. The parties to the conflict should fully implement the peace agreements of September 2014 in line with the agreed time frame. It was important to note that the package of measures adopted did not in any way change the content or provisions of the Minsk agreements, which should be implemented by all countries. He also expressed concern about the non-respect of the ceasefire in Debaltseve and asked the secessionists to put an immediate end to the violence there.
LIU JIEYI, speaking in his capacity as the representative of China, welcomed the Minsk agreement reached by the leaders of the Russian Federation, Ukraine, Germany and France, which he said were integral to the peace process. That agreement should be fully observed by all parties. The Security Council, for its part, should scale up its support, in order to de-escalate tensions in eastern Ukraine. The resolution adopted today was a demonstration of support by the international community for the agreement by the four countries. “We must stay the course of a political solution”, he said, adding that any long-term solution must be balanced, and address the legitimate concerns of all parties and respect the long-standing realities of the region.
YURIY SERGEYEV (Ukraine) said his country welcomed support for recent agreements reached last week. While the Russian side had positioned itself as a devoted proponent for peace and had even suggested the resolution that had just been adopted, what happened in reality was different. Unfortunately, despite hope from all the parties over the fulfilment of all the commitments, non-compliance with the agreements had ruined the prospect for peace, he said.
Militants had violated previous arrangements, as well as the entire package of the Minsk Agreements, he said, adding that Ukrainian targets had succumbed to more than 160 shellings and weapons arriving in Ukraine after the ceasefire deadline. Meanwhile, Ukraine’s military had remained silent, respecting the agreement. The situation in Debaltseve was incredibly tense, with militants moving ahead, undermining the essence of the peace process. He called on the Security Council’s permanent members to prevent violations and emphasized that the Russian Federation needed to secure the borders and urge militants to honour the agreements.
HARALD BRAUN (Germany) said the ceasefire had been mostly holding, with the deplorable exception of Debaltseve. The continued attacks not only threatened the ceasefire, but undermined the political settlement process as agreed upon in the framework of the Trilateral Contact Group and as endorsed by the Normandy Heads of State and Government at Minsk. The Council’s resolution was of utmost importance, he said, as it conveyed a stern message to those who violated the ceasefire.
Taking the floor for a second time, Mr. CHURKIN (Russian Federation) expressed his disappointment with the outcome of the debate. The adopted resolution was to have laid a solid foundation for the work of the Security Council. However, “our hopes were only partially filled”, he said, adding that some members of the Council were engaging in their usual rhetoric. He called for the appropriate implementation of the resolution just adopted. Responding to his counterpart from the United States, who had spoken of an “upside-down world”, he said he regretted that his country had been accused of triggering the crisis in Ukraine. “But is it we who toppled a president? What is it that triggered the conflict?” he asked. It had been the decision of the Kyiv authorities to launch a military operation in eastern Ukraine. They could have acted more nobly, preventing the death of their soldiers, he stated.
Recognizing the fate of the civilian population in Debaltseve, he asked why Western countries did not raise concerns about the populations of Donetsk and Lugansk. He assured Council members that the Russian Federation had tried to organize collectively for humanitarian convoys. Regrettably, Ukraine had refused to inspect their loads. Finally, addressing the two delegations who had spoken of Crimea, he said that, according to a poll, 93 per cent of the inhabitants of Crimea support reunification with the Russian Federation. Regarding the territorial integrity of Ukraine, he recalled that the Council had adopted a resolution in that regard in February 2013.
Also taking the floor for a second time, Ms. POWER (United States) welcomed the agreement, stating, “We will do everything we can to support it.” However, she asked the Russian Federation to stop the separatists and to stop sending heavy weapons across the border. “Stop pretending you do what you do not do,” she stressed, asking that country to meet its obligations.
Taking the floor again, Mr. CHURKIN (Russian Federation) said his country was not pretending, and voiced hope that the agreements would be fully implemented.
Taking the floor for a second time, Mr. SERGEYEV (Ukraine) argued that what the Russian Federation called “reunification of the Crimea” was actually “an occupation, annexation following aggression.” The Russian Federation had trampled on international law and was interfering in the internal affairs of Ukraine. “We will decide ourselves how to organize our lives and interact with our people,” he insisted.
Mr. CHURKIN (Russian Federation) responded that in order to organize its affairs, Kyiv must establish a dialogue with the inhabitants of its eastern region.
Ms. MURMOKAITĖ (Lithuania), taking the floor for a second time, stressed that it was not easy to work on a draft constitution “with a gun against your head”. She said she also noticed that activists in Ukraine, “criminals”, were better armed than some European armies, like that of her country. Such weapons could only come from the other side of the border. Furthermore, she noted her surprise that the Russian Federation should demand Kyiv to ask its own soldiers to surrender. How many countries would simply accept their cities being surrounded by criminals? Any country on the Council would defend its territory to the end, she said.
Mr. CHURKIN (Russian Federation) invited Council members to read the Minsk agreements, which he said discussed the reinstatement of Ukraine. He took offense that Ukrainian soldiers had fired on the frontline. Responding to his counterpart from Lithuania, he said that her country was the only State that had admitted it gave arms to Ukrainian forces.
Responding, Ms. MURMOKAITĖ (Lithuania) said it was incorrect to say that her country was providing arms to Ukraine. While Lithuania had taken Ukrainian citizens for medical treatment, even if her country did provide armaments, it would be a “drop in the ocean” and would not make a difference, she said.
Also taking the floor again, Mr. SERGEYEV (Ukraine) said while leaders had met in Minsk and made very clear statements, his delegation could not agree with the interpretation just heard from the Russian Federation’s delegate. “We are not here to create Minsk III,” he said.
Mr. CHURKIN (Russian Federation), taking the floor again, said the Minsk agreement should be read, interpreted and implemented word for word.
The full text of resolution 2202 (2015) reads as follows:
“The Security Council,
“Recalling the purposes and principles enshrined in the Charter of the United Nations and reaffirming its full respect for the sovereignty, independence and territorial integrity of Ukraine,
“Expressing its grave concern at the tragic events and violence in eastern regions of Ukraine,
“Reaffirming its resolution 2166 (2014),
“Firmly convinced that the resolution of the situation in eastern regions of Ukraine can only be achieved through a peaceful settlement to the current crisis,
“1. Endorses the “Package of measures for the Implementation of the Minsk Agreements”, adopted and signed in Minsk on 12 February 2015 (Annex I);
“2. Welcomes the Declaration by the President of the Russian Federation, the President of Ukraine, the President of the French Republic and the Chancellor of the Federal Republic of Germany in support of the “Package of measures for the Implementation of the Minsk Agreements”, adopted on 12 February 2015 in Minsk (Annex II), and their continuing commitment therein to the implementation of the Minsk Agreements;
“3. Calls on all parties to fully implement the “Package of measures”, including a comprehensive ceasefire as provided for therein;
“4. Decides to remain seized of the matter.
“Annex I [to the resolution]
“Package of Measures for the Implementation of the Minsk Agreements
Minsk, 12 February 2015
“1. Immediate and comprehensive ceasefire in certain areas of the Donetsk and Luhansk regions of Ukraine and its strict implementation as of 15 February 2015, 12am local time.
“2. Withdrawal of all heavy weapons by both sides by equal distances in order to create a security zone of at least 50 km wide from each other for the artillery systems of caliber of 100 and more, a security zone of 70 km wide for MLRS and 140 km wide for MLRS “Tornado-S”, Uragan, Smerch and Tactical Missile Systems (Tochka, Tochka U):
-for the Ukrainian troops: from the de facto line of contact;
-for the armed formations from certain areas of the Donetsk and Luhansk regions of Ukraine: from the line of contact according to the Minsk Memorandum of Sept. 19th, 2014;
“The withdrawal of the heavy weapons as specified above is to start on day 2 of the ceasefire at the latest and be completed within 14 days.
“The process shall be facilitated by the OSCE and supported by the Trilateral Contact Group.
“3. Ensure effective monitoring and verification of the ceasefire regime and the withdrawal of heavy weapons by the OSCE from day 1 of the withdrawal, using all technical equipment necessary, including satellites, drones, radar equipment, etc.
“4. Launch a dialogue, on day 1 of the withdrawal, on modalities of local elections in accordance with Ukrainian legislation and the Law of Ukraine “On interim local self-government order in certain areas of the Donetsk and Luhansk regions” as well as on the future regime of these areas based on this law.
“Adopt promptly, by no later than 30 days after the date of signing of this document a Resolution of the Parliament of Ukraine specifying the area enjoying a special regime, under the Law of Ukraine “On interim self-government order in certain areas of the Donetsk and Luhansk regions”, based on the line of the Minsk Memorandum of September 19, 2014.
“5. Ensure pardon and amnesty by enacting the law prohibiting the prosecution and punishment of persons in connection with the events that took place in certain areas of the Donetsk and Luhansk regions of Ukraine.
“6. Ensure release and exchange of all hostages and unlawfully detained persons, based on the principle “all for all”. This process is to be finished on the day 5 after the withdrawal at the latest.
“7. Ensure safe access, delivery, storage, and distribution of humanitarian assistance to those in need, on the basis of an international mechanism.
“8. Definition of modalities of full resumption of socioeconomic ties, including social transfers such as pension payments and other payments (incomes and revenues, timely payments of all utility bills, reinstating taxation within the legal framework of Ukraine).
“To this end, Ukraine shall reinstate control of the segment of its banking system in the conflict-affected areas and possibly an international mechanism to facilitate such transfers shall be established.
“9. Reinstatement of full control of the state border by the government of Ukraine throughout the conflict area, starting on day 1 after the local elections and ending after the comprehensive political settlement (local elections in certain areas of the Donetsk and Luhansk regions on the basis of the Law of Ukraine and constitutional reform) to be finalized by the end of 2015, provided that paragraph 11 has been implemented in consultation with and upon agreement by representatives of certain areas of the Donetsk and Luhansk regions in the framework of the Trilateral Contact Group.
“10. Withdrawal of all foreign armed formations, military equipment, as well as mercenaries from the territory of Ukraine under monitoring of the OSCE. Disarmament of all illegal groups.
“11. Carrying out constitutional reform in Ukraine with a new constitution entering into force by the end of 2015 providing for decentralization as a key element (including a reference to the specificities of certain areas in the Donetsk and Luhansk regions, agreed with the representatives of these areas), as well as adopting permanent legislation on the special status of certain areas of the Donetsk and Luhansk regions in line with measures as set out in the footnote until the end of 2015. [Note]
“12. Based on the Law of Ukraine “On interim local self-government order in certain areas of the Donetsk and Luhansk regions”, questions related to local elections will be discussed and agreed upon with representatives of certain areas of the Donetsk and Luhansk regions 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.
“Such measures are, according to the Law on the special order for local self-government in certain areas of the Donetsk and Luhansk regions:
-Exemption from punishment, prosecution and discrimination for persons involved in the events that have taken place in certain areas of the Donetsk and Luhansk regions;
-Right to linguistic self-determination;
-Participation of organs of local self-government in the appointment of heads of public prosecution offices and courts in certain areas of the Donetsk and Luhansk regions;
-Possibility for central governmental authorities to initiate agreements with organs of local self-government regarding the economic, social and cultural development of certain areas of the Donetsk and Luhansk regions;
“-State supports the social and economic development of certain areas of the Donetsk and Luhansk regions;
-Support by central government authorities of cross-border cooperation in certain areas of the Donetsk and Luhansk regions with districts of the Russian Federation;
-Creation of the people’s police units by decision of local councils for the maintenance of public order in certain areas of the Donetsk and Luhansk regions;
-The powers of deputies of local councils and officials, elected at early elections, appointed by the Verkhovna Rada of Ukraine by this law, cannot be early terminated.
“Participants of the Trilateral Contact Group:
Ambassador Heidi Tagliavini
Second President of Ukraine, L. D. Kuchma
Ambassador of the Russian Federation to Ukraine, M. Yu. Zurabov
“Annex II [to the resolution]
“Declaration of the President of the Russian Federation, the President of Ukraine, the President of the French Republic and the Chancellor of the Federal Republic of Germany in support of the ‘Package of Measures for the Implementation of the Minsk Agreements’, adopted on 12 February 2015 in Minsk
“The President of the Russian Federation, Vladimir Putin, the President of Ukraine, Petro Poroshenko, the President of the French Republic, François Hollande, and the Chancellor of the Federal Republic of Germany, Dr. Angela Merkel, reaffirm their full respect for the sovereignty and territorial integrity of Ukraine. They firmly believe that there is no alternative to an exclusively peaceful settlement. They are fully committed to undertake all possible individual and joint measures to this end.
“Against this background, leaders endorse the Package of Measures for the Implementation of the Minsk Agreements adopted and signed on February 12, 2015 by all signatories who also signed Minsk Protocol of September 5, 2014 and Minsk Memorandum of September 19, 2014. Leaders will contribute to this process and will use their influence on relevant parties to facilitate the implementation of that Package of Measures.
“Germany and France will provide technical expertise for the restoration of the segment of the banking system in the conflict affected areas, possibly through the establishment of an international mechanism to facilitate social transfers.
“Leaders share the conviction that improved cooperation between the EU, Ukraine and Russia will be conducive to the crisis settlement. To this end, they endorse the continuation of trilateral talks between the EU, Ukraine and Russia on energy issues in order to achieve follow-up stages to the gas winter package.
“They also support trilateral talks between the EU, Ukraine and Russia in order to achieve practical solutions to concerns raised by Russia with regards to the implementation of the Deep and Comprehensive Free Trade Agreement between Ukraine and the EU.
“Leaders remain committed to the vision of a joint humanitarian and economic space from the Atlantic to the Pacific based upon full respect for international law and the OSCE principles.
“Leaders will remain committed to the implementation of the Minsk Agreements. To this end, they agree to establish an oversight mechanism in the Normandy format which will convene at regular intervals, in principle on the level of senior officials from the foreign ministries.”