European Union

Background Guide B

CAHSMUN XVII

Letter from the Director

Dear delegates,

My name is Cynthia Gan, and it is my pleasure to welcome you to the committee (EU). I will be serving as your Director, and along with my Chair and Assistant Director, Owen Hawes and Stephanie Hai, I look forward to watching the committee engage in debate over the course of CAHSMUN 2021.

Starting my own Model UN journey as a shy—and somewhat terrified—delegate at the beginning of my sophomore year, I have since seen myself and those around me grow in various aspects since that first raised placard and nerve-wracking walk to the podium. On a deeper level than simply a public speaking activity, Model UN challenges you as a global citizen and as a thinker; through Model UN, I have attained some of my most cherished memories, and I whole-heartedly encourage you to strive beyond your comfort zone, whether you are new to the Model UN scene or a seasoned veteran.

This year, the committee will be tackling the issue of Asylum Policy Review within the EU and assessing the effectiveness of the Protocol. With the effects of these issues being intricately interconnected to the global community as well as to each of the member states within the Union, delegates will need to address the various aspects of these multi-faceted topics in order to come to a comprehensive solution.

It is expected of delegates in the EU to prepare and research thoroughly on both topics as well as your own country’s stances and policies in order to uphold fruitful and productive committee sessions. The Dais highly recommends that delegates write a position paper, as this will prepare you to navigate debate over the course of three days with success. We encourage you to immerse yourself in in-depth research leading up to CAHSMUN 2021, and assure you that the more you invest in this unique and rewarding experience, the more you will ultimately walk away with.

As a Dais team, we look forward to a weekend of exciting debate, leadership, and diplomacy, in the true fashion of Model United Nations. Should you have any questions or concerns about the topics, committee, background guide, or Model UN in general, please feel free to send us an email at [email protected].

I look forward to meeting each of you at CAHSMUN 2021! Welcome to the European Union.

Sincerely,

Cynthia Gan Director of EU — CAHSMUN 2021

Committee Description

The European Union (EU) is a political and economic union officially formed in 1993, consisting of 27 different member states across Europe. Being both the largest political union and the largest trade block in the world, the EU is founded on principles of free trade among its members and is also committed to liberalizing world trade long-term;1 it is based on a single market which aims to enable free movement of goods, services, capital, and persons within the EU.2 The EU functions on a representative democracy and is based on the rule of law. All laws enforced by the EU are founded upon treaties that are negotiated and agreed upon by its member countries. The European Court of Justice, as the supreme court across all member states, holds final jurisdiction in matters of the EU law, as well as its equal application across member states.3

An early-stage form of the EU was created in 1958 shortly after World War II. The main focus was to foster economic cooperation, under the belief that nations would be more likely to maintain peace if they were trade partners and economically interdependent. This idea resulted in the European Economic Community (EEC), initially consisting of six member states (Belgium, , , Italy, Luxembourg, and the Netherlands). Since then, membership has expanded to 22 other countries, prior to the exit of the United Kingdom in 2020, creating and continuously developing a large single market across member states.

Although the EU began mainly as an economic union, it has expanded over the years to involve collective policy areas across member states, including areas such as climate change, health, external relations, security, and migration. This growth eventually led to the organization changing its name from the EEC to the EU in 1993. Since then, the EU has focused on a vast number of topics both domestic and international, including the promotion of peace and well-being of its citizens, offering freedom, security, and justice without internal borders, scientific and technological progress, and economic growth and stability established upon the euro currency.4

As the largest trade block and largest donor of humanitarian aid in the world, the EU is committed to helping victims of both man-made and natural disasters internationally, making this union a prominent actor on the global stage. The EU’s significance in past domestic and

1 https://europa.eu/european-union/about-eu_en 2 Ibid. 3 Ibid. 4 https://europa.eu/european-union/about-eu/history_en

international affairs is reflected in accomplishments such as creating the largest programme of environmental legislation in the world, ratifying the Paris Agreement in 2016, and acting as one of the main donors of humanitarian aid in the Syrian refugee crisis.5

Overview of Topic

The was a peace agreement signed by , the Russian Federation, the People’s Republic, and the People’s Republic in 2014. It was created to provide relief to the ongoing Donbass War in eastern Ukraine which began in the spring of 2014.6 This conflict, largely between Ukrainian government forces and Russian-backed separatists, has caused immense damage to the daily lives of civilians living in areas surrounding the conflict zone. Past agreements have done little to solve the issue. Escalating from years of Russian forces gradually pushing into Ukrainian borders, the Donbass war is the result of Russian-separatist rebels, backed by government military forces, collectively fighting against Ukraine’s government forces at its borders.

Over the past five years, over 10,000 individuals have been killed, including thousands of civilians.7 Previously one of the most densely populated regions of Ukraine, Donbass has seen roughly a million individuals displaced as a result of the ongoing war.8 The Minsk Protocol (also known as Minsk-1), in conjunction with the Minsk Memorandum of September 2014, was the first agreement for ceasefire between and Ukraine, followed later by the Package of Measures for the Implementation of the Minsk Agreements, or Minsk-2.9 The specifics of these agreements are often vague and convoluted, especially when it comes to delegating responsibilities to individual countries in order to bring the conflict to a close. Although both Ukrainian and EU politicians have claimed that the Minsk Agreements are the best option to achieve peace, many experts predict that Donbass may simply become a frozen conflict zone, wherein active armed conflict has halted, but no legitimate resolution satisfies both parties involved.10

The EU is a close partner of Ukraine and, along with the United States, has imposed sanctions against Russia in response to the conflict.11 These sanctions were implemented in 2014 and

5 https://europa.eu/european-union/about-eu/history_en 6 http://euromaidanpress.com/minsk-agreements-faq/ 7https://www.realcleardefense.com/articles/2019/01/21/assessing_the_failure_of_minsk_ii_in_ukraine_and_the_suc cess_of_the_2008_ceasefire_in_georgia_114118.html 8 Ibid. 9 Ibid. 10 Ibid. 11 Ibid.

continue to be in place, with the overarching purpose of ending Russian military intervention in Ukraine.12 Russia, however, continues to demand for the autonomy of Donbass, as part of its efforts in gradually gaining control of Ukraine.13 Russia’s main goal is to create conditions within the Minsk Agreements that allow for Ukraine to regain Donbass and that leave a potential for Russian interference in Ukraine’s internal government affairs. With mutually exclusive goals on either sides of the conflict, negotiations for a ceasefire repeatedly come to a stalemate.

Timeline

August 24, 1991 - Ukraine declares itself as an independent state, signifying its separation from the Soviet Union.14

July 2, 1993 - Ukraine passes the document On the Key Directions of the Foreign Policy of Ukraine, which declares the nation’s aspirations for integrating into the EU.15

February 22, 2007 - Ukraine passes the Declaration of the of Ukraine, which includes directions on beginning negotiations and cooperation with the EU.16

2013 - Ukraine’s pro-Russia president, Victor Yanukovych, is offered a free trade agreement with the EU. He does not accept, instead choosing a deal with Russia; many Ukrainian citizens who wanted closer ties between Europe and Ukraine are upset by this deal.17

February 2014 — March 2014 - Russia annexes after President Victor Yanukovych flees Kyiv, Ukraine. Yanukovych faces severe public backlash as a result of the Russian trade deal, prompting Russian president Vladmir Putin to hold a ‘private’ referendum, in which he claims 80% of Crimean citizens voted in favour of becoming a part of Russia.18

12 http://www.batory.org.pl/upload/files/pdf/rap_otw_eu/The%20Minsk%20(dis)agreement%20and%20Europe%E2% 80%99s%20security%20order.pdf 13 http://euromaidanpress.com/minsk-agreements-faq/ 14 https://theweek.com/articles/449691/ukraines-fraught-relationship-russia-brief-history 15 https://ukraine-eu.mfa.gov.ua/en/ukraine-eu/relations 16 Ibid. 17 https://www.heritage.org/europe/heritage-explains/what-you-need-know-about-the-war-ukraine 18 Ibid.

2014 - In the latter half of the year, Russian-backed separatist groups begin leading armed separatist movements, such as riots and coups, in eastern Ukraine, seizing several cities.19

July 17, 2014 - Russian-funded separatist groups shoot down a Malaysian commercial jet over eastern Ukraine, killing nearly 300 civilians.20

May 2014 — August 2014 - The War in Donbass continues to escalate, causing the EU and the United States to impose economic sanctions against Russia in hopes of ceasing Russian support of separatist rebel groups.21

August 2014 - Russian artillery, personnel, and troops (which are sent to support Russian- backed separatists) cross Ukrainian borders without government permission, further exacerbating tensions.22

September 2014 - The first Minsk peace agreement, which calls for a ceasefire, is signed by Ukraine, Russia, and the separatist groups.23

2015 - In early 2015, full-scale conflict breaks out once again, following a rocky period of temporary ceasefire.

February 12, 2015 - Germany and France initiate the Package of Measures for the Implementation of the Minsk Agreements, or Minsk II, attempting to revive the ceasefire.24

March 2016 - Austria, Italy, Greece, and Hungary declare that, if Russia commits to the Minsk Protocol, any sanctions imposed on Russia would be lifted.25

2017 - In Sochi, Russia, a joint conference is held between Russian president and German chancellor . Merkel encourages all parties involved in the conflict to commit to the ceasefire; she also outlines requirements in implementing the Minsk Protocol, which must be met in order to lift EU sanctions against Russia.26

19 https://www.economist.com/the-economist-explains/2016/09/13/what-are-the-minsk-agreements 20 https://www.thebalance.com/ukraine-crisis-summary-and-explanation-3970462 21 Ibid. 22 https://www.bbc.com/news/world-middle-east-26248275 23 https://www.economist.com/the-economist-explains/2016/09/13/what-are-the-minsk-agreements 24 https://www.arcgis.com/apps/MapJournal/index.html?appid=53d7d6a0829b40ea8064204d83353585 25 Ibid. 26 http://euromaidanpress.com/minsk-agreements-faq/

2019 - After Ukrainian President Zelensky pledges to end the Donbass conflict, negotiations between Ukraine and Russia to ease the conflict see some progress; however, the Organization for Security and Cooperation in Europe (OSCE) reports continued ceasefire violations in the region.27

Historical Analysis

Russia-Ukraine Relations

Ukraine and Russia’s complicated history traces its roots back to Kievan Rus, the first East Slavic state located between the Baltic and the Black Sea, which existed from the 9th century to the 13th century—a time when the two countries were one. In the present day, Russia still views Ukraine as Russian territory.28 At the end of the 18th century, Imperial Russia had complete control over Ukraine, with the exception of the region Galicia, which was still under the Austro-Hungarian Empire’s control.29 The Russian government aimed to suppress Ukrainian nationalism, as much of Ukraine was often referred to as “Little Russia,” and the government attempted to wipe out the Ukranian language and assimilate Ukrainian school systems. After the fall of both the Russian and Austro-Hungarian empires following WWI, Kyiv, the capital of Ukraine, became the first independent Ukranian state.30 However, Ukraine was, once again, dominated by the Soviet Union in 1922 when Stalin came into power. After mass executions of Ukrainian Cossacks (predominantly East Slavic-speaking Orthodox Christian people), Stalin moved millions of Russian citizens to repopulate the area. Both the cultural and historical differences between the east and west of Ukraine indicate why western Ukraine is far more nationalistic than eastern Ukraine. In 1991, during the collapse of the Soviet Union, Ukraine officially declared its independence.31

The EU’s Relations with Ukraine The European Union’s close relations with Ukraine began in 1991, when the EU’s President formally recognized Ukraine’s independence.32 In the following years, Ukraine expressed its desire to join the Union; on July 2, 1993, Ukraine declared its plans for European integration in an official document titled On the Key Directions of the Foreign Policy of Ukraine.33 This

27 https://www.cfr.org/blog/top-conflicts-watch-2020-crisis-between-russia-and-ukraine 28 https://theweek.com/articles/449691/ukraines-fraught-relationship-russia-brief-history 29 Ibid. 30 Ibid. 31 Ibid. 32https://eeas.europa.eu/headquarters/headquarters-Homepage/4081/eu-ukraine-relations-factsheet_en 33 Ibid.

document prioritizes achieving “Ukrainian membership in the European Communities, as long as it does not harm Ukraine’s national interests.”34 It also outlines a Partnership and Cooperation Agreement, which serves to strengthen Ukraine’s relationship with the EU and eventually lead the nation to full membership. After years of productive collaboration, Ukraine adopted the Strasbourg Resolution on March 13, 2014, confirming its European integration.35 This demonstrated dedication strengthened Ukraine’s ties with the Union and its member states, making Ukraine a country of primary importance to the EU.36

Pro-Russian Separatist Movements and Subsequent Treaties

Pro-Russian sentiments have existed in Ukraine since 1991, but the recent Ukrainian-Russian tensions have sparked a rise in Pro-Russian separatist groups. In late 2013, President Yanukovych had an opportunity to implement a trade deal with the EU; although this would have been another step toward European integration, Yanukovych held a Pro-Russia stance and instead accepted an offer with Russia, subsequently shutting down the EU deal.37 Ukranian citizens who hoped for closer ties with Europe were greatly upset by this decision, leading to numerous protests and demonstrations in the country. Eventually, Yanukovych fled Kyiv, and Ukraine became more pro-Western under the leadership of President . This period of political unrest gave way to instability within the nation, during which Russian troops annexed Crimea.38 The annexation soon gave rise to a rapid increase of Russian separatist movements in eastern Ukraine, which were encouraged by the success of the annexation, with rebel groups seizing several cities. In previous years, such rebel groups had always existed, but did not take substantive action until the occurrence of these events.

The Trilateral Contact Group on Ukraine (TCG), which oversees discussions around a diplomatic resolution for the Donbass war, signed the first Minsk Protocol on September 5, 2014 in Minsk, .39 This agreement, later known as Minsk-1, called for a ceasefire on the Donbass conflict. Two weeks later, it was followed by a corresponding Memorandum which offered specific details on the conditions of the agreement; additions included measures on surveilling the ban on combat aircrafts, as well as prohibition of heavy weaponry in the conflict zone.

34 Ibid. 35 http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2F%2FEP%2F%2FTEXT%2BTA%2BP7-TA-2014- 0248%2B0%2BDOC%2BXML%2BV0%2F%2FEN&language=EN 36 Ibid. 37 https://www.heritage.org/europe/heritage-explains/what-you-need-know-about-the-war-ukraine 38 Ibid. 39 https://www.thebalance.com/ukraine-crisis-summary-and-explanation-3970462

Four months later, the first ceasefire failed. In response, the TCG hastily signed the Minsk-2, in an effort to revive the ceasefire initiated by Minsk-1.40 The Minsk-2 was created not to replace the Minsk-1, but rather to amend the first protocol and maintain the ceasefire.41 The second agreement was followed by a summit led primarily by Ukraine, Russia, France, and Germany, where a package of measures to bring the war in Donbass to a close was agreed upon. However, a major pitfall of the Minsk-2 is that the agreement features convoluted language and vague methods, resulting in a lack of consensus over countries’ responsibilities in adhering to the protocol.42

Current Situation

The first Minsk Agreement failed when the most important provision, the ceasefire, was not implemented completely; Russia continues to maintain arms in the region and, as a result, causes Ukrainian forces to remain as well. The Minsk-2, which called for a ceasefire between Moscow and Kyiv, was not entirely successful either. Although the ceasefire is violated every day, given the multiple attacks on Ukranian army positions by Russian forces since 2016, there are no plans for a new agreement.43 Without new revisions or agreements, it is likely that Donbass will simply become a frozen conflict zone where, in spite of periods of paused conflict, no official peace treaty or framework exists. Consequently, without cooperation between the opposing parties, the war on Donbass may never be completely resolved.

In order to understand the nature of the situation and look for solutions, it is crucial to first examine the pitfalls of the existing Minsk Protocols. Minsk-2, revised from the earlier Minsk- 1, is essentially a roadmap set out by the OSCE, with the goal of resolving the Donbass conflict. The second protocol focuses on a total bilateral ceasefire, beginning with both sides withdrawing heavy weapons from the front lines.44 The key points of the roadmap also include the planning of local elections and decentralization in Ukraine, the release of illegally detained prisoners, the delivery of humanitarian aid to affected civilians, and the restoration of economic links to the conflict areas.45 Ukraine has pledged to implement constitutional reforms towards decentralization, which essentially reallocates authority from its current centralized government, to more local ones. This move, however, comes in exchange for peace at its state borders. Nevertheless, none of the protocol’s points have been fully implemented,

40 Ibid. 41 http://euromaidanpress.com/minsk-agreements-faq/ 42 Ibid. 43 Ibid. 44 https://www.economist.com/the-economist-explains/2016/09/13/what-are-the-minsk-agreements 45 https://www.bbc.com/news/world-europe-31436513

and conflict continues.46 The main aspect of the Minsk Protocol that Ukraine and Russia disagree on is the order in which the points must be fulfilled, particularly the measures for withdrawing heavy weapons and exchanging prisoners.47 Although Ukraine’s motives for entering the Minsk Agreements were primarily to cease Russian invasion, Russia continues to demand control of Ukrainian regions.

EU Involvement

For decades, Ukraine has been an EU priority partner, since both the Union and Ukraine signed the Association Agreement (AA) in which the EU agreed to support Ukraine’s independence and sovereignty, as well as to uphold stable democracy in the nation.48 The AA also introduces the Deep and Comprehensive Free Trade Area (DCFTA), which promotes political ties, economic links, and common values between the two parties.49

Since 2014, the EU’s European Financial Institutions have supported Ukraine in not only the Donbass conflict, but also in the country’s constitutional reforms, economic stability, and eradication of corruption through electoral reforms that aim to achieve decentralization.50 The EU has allocated over EUR 15 billion to Ukraine to support these goals, under the condition that Ukraine maintains continuous progress toward stable democratization. In 2014, the EU imposed two consecutive rounds of economic sanctions against Russia, in hopes of impeding Russia’s destabilization of Ukraine. 51 Although these sanctions have proved difficult to maintain, as the EU depends on Russia for nearly 50% of its gas, these sanctions have a significant financial impact on Russia. Indeed, five of the six major banks in Russia are affected, as the sanctions drastically limit crucial financing from Europe.52 European leaders have clarified that the sanctions will be lifted under the condition that the Minsk Agreements are fully implemented. The EU’s efforts and influence will be critical in resolving Ukrainian- Russian tensions.

Human Rights Violations and the Humanitarian Crisis Over the course of several years, the Donbass conflict has cost the lives of over 10,000 individuals, with many being innocent civilians in villages surrounding the conflict zone. Nearly a million individuals have been displaced from their homes, fleeing from what has

46 Ibid. 47 Ibid. 48 https://eeas.europa.eu/headquarters/headquarters-Homepage/4081/eu-ukraine-relations-factsheet_en 49 Ibid. 50 https://eeas.europa.eu/headquarters/headquarters-Homepage/4081/eu-ukraine-relations-factsheet_en 51 https://www.bbc.com/news/world-middle-east-26248275 52 https://www.thebalance.com/ukraine-crisis-summary-and-explanation-3970462

become a constant war zone. Thousands of civilians remain trapped in towns and villages caught in the midst of a 400 kilometre-long contact line,53 where fighting continues day and night. Both internal fragmentation and a lack of international humanitarian aid have caused a devastating number of civilian deaths and injuries.54

United Nations Involvement

Although several ceasefire agreements have been made, there is no official UN peacekeeping force on the ground in . A UN issued operation is currently being negotiated, with discussions focusing on whether the operation would serve as a military intervention or a humanitarian aid mission for local civilians.55

Since 2014, Russia, has opposed the deployment of any OSCE or UN forces; the Minister of Foreign Affairs of Russia, , stated in 2016, “The question is no longer relevant, there exists no need...No militarized missions, neither that of the OSCE nor of any other structure, which is periodically discussed in Kyiv, no one is considering them.” 56 This fairly rigid stance may prove difficult for EU member states hoping to intervene and secure cooperation with Russia.

European Union Although neither Russia nor Ukraine are a part of the EU, the Union has proven to be deeply involved throughout the development of both Minsk Agreements, with EU states such as France and Germany having facilitated and initiated important frameworks and peace treaties in negotiating a ceasefire.

With the first Protocol being initiated by and overseen by EU member states,57 the EU has also made its support of Ukraine in the situation clear. The Union has stated that it does not officially recognize Russia’s private referendum, which followed the annexation of Crimea, and condemns the actions taken by Russian-separatist groups.58

53 https://www.aljazeera.com/indepth/inpictures/ukraine-forgotten-war-190407053834708.html 54 Ibid. 55 http://euromaidanpress.com/minsk-agreements-faq/ 56 Ibid. 57 Ibid. 58 https://www.thebalance.com/ukraine-crisis-summary-and-explanation-3970462

Apart from the sanctions imposed upon Russia, the EU also implemented a support group for Ukraine in the EU-Ukraine Association Agreement, which outlines cooperation and support for Ukraine’s national security and human rights.59

United Nations Security Council Chapters VI and VII of the United Nations charter provide the United Nations Security Council (UNSC)’s framework for settling the dispute,60 with the council calling for all parties to adhere to the Minsk Agreements. In recent years, the UNSC has actively monitored the rise of pro-Russian separatism in eastern Ukraine, analyzing its effects since March 1, 2014, by the request of both Ukraine and Russia. The Security Council has also attempted to ameliorate the situation of the Crimea annexation, publishing several official UN reports detailing the act and attempting to hold Russia accountable.61 In the same year, the UNSC also adopted a resolution that condemned pro-Russian rebels in the Donbass region, who killed nearly 300 civilians in shooting down a Malaysian commercial airplane. The resolution declared that all States must refrain from committing acts of violence towards civilian aircrafts.62 In 2015, all member states of the UNSC adopted Resolution 2202, hence supporting the Minsk-2.

Delegates should note that Russia holds a permanent seat within the council, which may lead to challenges in the effectiveness of UNSC’s contributions.

Organization for Security and Cooperation in Europe (OSCE)

As part of the Trilateral Contact Group, which includes Ukraine and Russia, the OSCE plays a crucial role in mediating and facilitating dialogue from both parties in the conflict. This organization has contributed through a multitude of efforts in observing and settling the various aspects pertaining to the war. For instance, in 2014, the OSCE implemented the Special Monitoring Mission for Ukraine,63 which provides third-party observation and support in carrying out the Minsk Protocols. Additionally, the OSCE has included the Donbass war as a prominent issue in the agenda for the annual OSCE Security Review Conference.64

59 Ibid. 60 https://news.un.org/en/story/2019/04/1037371 61 Ibid. 62 https://www.ecfr.eu/article/commentary_un_peacekeeping_in_donbas_the_stakes_of_the_russia_ukraine_confl 63 https://www.bbc.com/news/world-middle-east-26248275 64 http://euromaidanpress.com/minsk-agreements-faq/

North Atlantic Treaty Organization (NATO)

NATO has been an active figure in efforts to reach an agreement for peace in the Donbass region; NATO has publicly condemned Russia’s annexation of Crimea and military aggression against Ukraine, both of which breach international law.65 As well, the alliance has facilitated discussions between Ukraine and Russia, making several negotiations within the NATO-Russia Council for a ceasefire to Russia’s military aggression.

Nearly all actions taken to ameliorate the Donbass conflict have been on the part of the UN and its individual bodies. While some of these actions have proven successful, all have ultimately failed to resolve the war. Moving forward, delegates should keep in mind the benefits of UN action in conjunction with bilateral or multilateral deals, but continue to consider the limitations of UN agencies.

Possible Solutions

UN Peacekeeping Missions Discussions on UN intervention are still underway, as Russia is strongly opposed to the idea. When considering UN military involvement, delegates must consider that peacekeeping missions should not infringe on either country’s sovereignty, or take any specific side.

However, if a UN peacekeeping mission is deployed in Donbass, it could introduce a neutral third-party that could more effectively aid in conflict resolution; sufficient and capable peacekeeping troops could oversee and mediate the withdrawal of weapons from the contact line, returning control of the occupied Donbass region back to Ukraine. Another benefit of UN peacekeeping is that it could speed up the resolution process, allowing Russia to end offensive action, while maintaining its reputation in the eyes of Russian nationalists who hold strong anti-Kyiv sentiments.66 Peacekeeping creates the impression of a Russian initiative implemented to benefit Russian-speaking individuals in East Ukraine, allowing Russia to withdraw from the conflict while minimizing backlash from Russian nationalists. Should this solution be pursued, however, delegates should expect strong pushback from Russia; having demonstrated reluctance to adhere to minimum ceasefire measures in past protocols and agreements, Russia would likely resist having UN interference in Donbass. In addition, UN peacekeeping forces are known to lack structure, training, and resources compared to state militaries, thus potentially limiting their effectiveness.

65 https://www.nato.int/cps/en/natolive/topics_37750.htm 66 https://www.ecfr.eu/article/commentary_un_peacekeeping_in_donbas_the_stakes_of_the_russia_ukraine_confl

Decentralization within Ukraine

In order to reintegrate the Donbass region into Ukraine, elections must be held on both federal and local levels; in particular, elections should also be held in the currently uncontrolled Donetsk and Luhansk territories, which have a special local self-government regime (known as ORDLO).67 Decentralization within Ukraine is outlined in the Minsk Agreements, wherein Ukraine has agreed to create conditions under which democratic and fair elections can take place. Seeing as elections cannot take place in a war zone, it currently remains unclear how Ukraine can meet this policy, which is heavily called for by its allies and partners, without control of its borders first.68 In order to achieve decentralization, delegates must first determine methods of returning border control to Ukraine. This can allow for fair elections to take place and ultimately fulfill representation of the different groups of individuals in Ukraine, preventing further uprisings and rebellions.

Delegates should note that a major challenge with this solution may include difficulty restoring control to Ukraine’s border areas in the first place, with Russian separatist forces having repeatedly demonstrated an unwillingness to cease armed attacks against Ukranian military positions. Additionally, efficiency of the bureaucracy is one of the largest problems facing Ukraine in the status quo; therefore, it may prove difficult for Ukraine to organize the restructuring needed to decentralize the government.69

Humanitarian Aid

With over 1 million innocent civilians either displaced from their homes or trapped in areas surrounding the conflict zone,70 a humanitarian crisis has stemmed from the war in Donbass. With the conflict unresolved, these individuals remain in unsafe conditions with inadequate access to healthcare. Along with ceasefire measures to draw the dispute to a close, countries should also consider the need for humanitarian assistance in the region; this may be achieved through various means, such as UN cooperation, working with non-governmental organizations, or sending financial and medical resources from member states.

67 http://euromaidanpress.com/minsk-agreements-faq/ 68 Ibid. 69 https://www.researchgate.net/publication/316976184_Ukrainian_Government_Bureaucracy_Benefits_and_Costs_fo r_the_Society 70 https://www.aljazeera.com/indepth/inpictures/ukraine-forgotten-war-190407053834708.html

Revised Peace Treaty

The current Minsk Agreements have proven to be ineffective in reaching solutions and even temporarily curbing conflict.71 Despite the agreements’ failures, there are no anticipated summits or meetings to discuss a new agreement. However, EU member states, such as Germany and France, have overseen such processes in the past, helping to reach peace agreements; as such, member states have the necessary experience to consider facilitating future meetings. Within these meetings, it is crucial to focus on creating a revised peace treaty and further outlining what such a settlement would entail.

With this solution, it should be noted that in the past, convoluted and unclear terms have resulted in ineffective deals. To avoid the same downfalls, delegates should consider methods to legitimately implement the actions agreed upon and hold Russia and Ukraine accountable.

Bloc Positions

France and Germany France and Germany hold unique roles in the Donbass conflict as a part of the , a diplomatic group consisting of Germany, France, Ukraine, and Russia.72 The member nations’ Ministers of Foreign Affairs first met in June of 2014 in Normandy; since then, this group has been critical to the collaboration and development of the Minsk Agreements.73 Although a part of the EU, and thus allies with Ukraine, both France and Germany are concerned that the continued conflict in the Donbass region may negatively impact EU-Russia relations, hence affecting their economic growth and trade frameworks. As a result, it is likely that these nations would be in favour of revisiting the Minsk Agreements to fully resolve the situation, and would oppose the implementation of sanctions and other restrictive measures against Russia.

OSCE Countries

In addition to France and Germany, all European countries in the OSCE oversee negotiations and agreements concerning the Donbass war.74 The OSCE is a third party that also makes up

71 http://euromaidanpress.com/minsk-agreements-faq/ 72 https://katehon.com/agenda/4-things-you-need-know-about-normandy-format-meeting 73 Ibid. 74 http://euromaidanpress.com/minsk-agreements-faq/

the Trilateral Contact Group, which was paramount in the process of holding negotiations for both Minsk Agreements.75

Countries in the OSCE will likely each have their own unique perspectives and motivations for the situation at hand; however, nations in this bloc would generally support the creation of a more effective peace agreement which outlines not only the standards and expectations of the different parties for Russia and Ukraine, but also a clear timeline for implementation. As well, this bloc would look to create mechanisms to hold Russia and Ukraine accountable for adhering to solutions, such as withdrawing weapons at the front lines.76

Eastern European Nations Affiliated with Russia With Russia’s main goal being to gain control over Ukraine’s internal government affairs through the autonomy of Donbass, they seek to create conditions within the Minsk Agreements which allow for continued Russian influence in Donbass. In Eastern Europe, countries such as Hungary, Latvia, and Poland, which have stronger geographical, political, and trade ties to Russia,77 may be in favour of lessening the sanctions currently imposed upon Russia.78 As well, this bloc may support Russia’s initiatives of pushing for full or unconditional amnesty, prior to any elections, of local civilians who were members of the Russian military.79

This is not to say that Eastern European nations no longer prioritize the EU’s long-standing relations with Ukraine; instead, this bloc may want greater compromise in resolving the conflict in appealing to Russia, rather than implementing measures such as sanctions against Russia.

Discussion Questions

1. What past actions has your country taken on this issue? How has your country’s role in the conflict affected domestic and foreign policy?

2. What specific steps can the EU take to ensure the realisation of a ceasefire agreement?

75 Ibid. 76 Ibid. 77 https://apnews.com/e62669c80b9f4c43a3362c0891467c1a 78 Ibid. 79 https://www.aljazeera.com/indepth/inpictures/ukraine-forgotten-war-190407053834708.html

3. Are there other ways to hold two opposing sides accountable, in conjunction with existing efforts and treaties? What past methods have been successful in ensuring accountability?

4. Is a sustainable ceasefire possible between Ukraine and Russia, when trying to satisfy both parties?

5. How can countries develop a more humanitarian-based focus when approaching the Donbass conflict? What steps should be taken upon addressing the humanitarian crisis?

6. What are the root causes of long-term ceasefire failures? What can be done by nations to address these issues?

Works Cited

Amadeo, Kimberly. “Ukraine Crisis, Summary, Explanation.” The Balance, 25 June 2019, https://www.thebalance.com/ukraine-crisis-summary-and-explanation-3970462

Bates, Theunis. “Ukraine’s fraught relationship with Russia: A brief history.” The Week, 8 March 2014, https://theweek.com/articles/449691/ukraines-fraught-relationship-russia-brief- history

BBC. “Ukraine ceasefire: new Minsk agreement key points.” BBC, 12 Feb 2015, https://www.bbc.com/news/world-europe-31436513

BBC News. “Ukraine crisis: What's going on in Crimea?” BBC, 2016, https://www.bbc.com/news/world-europe-25182823

BBC News. “Ukraine Crisis: Timeline.” BBC, 13 November 2014, https://www.bbc.com/news/world-middle-east-26248275

BBC News. “Why are Russia-Ukraine tensions high over Crimea?” BBC, 2014, https://www.bbc.com/news/world-europe-25182823

EEAS. “EU-Ukraine relations.” EEAS, 31 August 2017, https://eeas.europa.eu/sites/eeas/files/eu-ukraine_relations_factsheet.pdf

EEAS. “EU-Ukraine relations - Factsheet.” EEAS, 7 May 2019, https://eeas.europa.eu/headquarters/headquarters-Homepage/4081/eu-ukraine-relations -factsheet_en

European Commission. “EU Relations with Ukraine.” European Council, https://www.consilium.europa.eu/en/policies/eastern-partnership/ukraine/

European Parliament. “European Parliament resolution of 13 March 2014 on the invasion of

Ukraine by Russia.” European Parliament, 13 March 2014, http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2F%2FEP%2F%2FTEXT%2 BTA%2BP7-TA-2014-0248%2B0%2BDOC%2BXML%2BV0%2F%2FEN&language= EN

Grant, Thomas D. “Frozen Conflicts and International Law.” Cornell, Volume 50, https://www.lawschool.cornell.edu/research/ILJ/upload/Grant-final.pdf

Hon, Kate. “4 Things You Need to Know About the Normandy Format Meeting.” Katehon, https://katehon.com/agenda/4-things-you-need-know-about-normandy-format-meeting

Martin, Sarah. “Assessing the failure of Minsk-2 in Ukraine, and the success of the 2008 ceasefire.” RealClear Defence, 21 Jan 2019, https://www.realcleardefense.com/articles/2019/01/21/assessing_the_failure_of_minsk_ii _in_ukraine_and_the_success_of_the_2008_ceasefire_in_georgia_114118.html

Messori, Erik. “Ukraine: The Forgotten War.” Aljazeera, 7 Apr 2019, https://www.aljazeera.com/indepth/inpictures/ukraine-forgotten-war-190407053834708.h Tml

NATO. “Relations with Ukraine.” NATO, 1 July 2019, https://www.nato.int/cps/en/natolive/topics_37750.htm

N.S. “What are the Minsk agreements?” The Economist, 14 Sep 2016, https://www.economist.com/the-economist-explains/2016/09/13/what-are-the-minsk-agre ements

OSCE. “The European Union.” OSCE, https://www.osce.org/partnerships/european-union

Pelczynska-Nalecz, Katarzyna. “The Minsk (dis)agreement and Europe’s Security Order.” Batory Foundation, March 2017, http://www.batory.org.pl/upload/files/pdf/rap_otw_eu/The%20Minsk%20(dis)agreement %20and%20Europe%E2%80%99s%20security%20order.pdf

Poroshenko, Petro. “What you need to know about the war in Ukraine.” Heritage, https://www.heritage.org/europe/heritage-explains/what-you-need-know-about-the-war- ukraine

Shandra, Alya and Yuri Zoria. “Everything you wanted to know about the Minsk peace deal, but were afraid to ask.” Euromaiden Press, http://euromaidanpress.com/minsk-agreements-faq/

Umland, Andreas. “UN peacekeeping in Donbas? The stakes of the Russia-Ukraine conflict.” ECFR, 8 June 2018, https://www.ecfr.eu/article/commentary_un_peacekeeping_in_donbas_the_stakes_of_th E_russia_ukraine_confl

UNIAN. “Poroshenko, Guterres discuss opportunities of increasing UN involvement in donbas settlement.” UNIAN, 10 July 2017, https://www.unian.info/politics/2019156- poroshenko-guterres-discuss-opportunities-of-increasing-uns-involvement-in-donbas- settlement.html

Vlach, Tomas. “Security Council: UN calls for ‘spirit and letter’ of Ukraine agreements ot be upheld, as Russia issues simplified citizenship decree.” UN News, 25 April 2019, https://news.un.org/en/story/2019/04/1037371

Vyshnevskyy, Yuriy. “Demography of ORDLO.” DS News, http://www.dsnews.ua/static/longread/donbas-eng/demography-of-ordlo.html

112 UA. “3,332 Civilians Die Since Beginning of Donbas War.” 112 UA, 13 June 2019, https://112.international/conflict-in-eastern-ukraine/3332-civilians-die-since-beginning-of- Donbas-war-un-mission-40696.html