THE SITUATION IN UKRAINE AND CANADA’S RESPONSE Ukrainian Canadian Congress Briefing Note to the House of Commons Standing Committee on Foreign Affairs and International Development Situation in Eastern Europe and Central Asia 25 Years After the End of the Cold War April, 2017 National Office: 130 Albert Street, Suite 806 Ottawa ON K1P 5G4 Canada Tel: (613) 232-8822 Fax: (613) 238-3822 Head Office: 952 Main Street, Suite 203 Winnipeg MB R2W 3P4 Canada Ukrainian Canadian Congress Briefing Note Situation in Ukraine: Executive Summary The Russian Federation illegally invaded and illegally occupied Ukraine’s Crimean Peninsula in March 2014 (Autonomous Republic of Crimea) and has waged war against Ukraine in the eastern oblasts of Donetsk and Luhansk for over two years. Thousands of regular Russian troops and massive amounts of Russian high tech heavy weapons are present on sovereign Ukrainian territory in Donetsk and Luhansk oblasts. On September 25, 2016, Ukraine’s President Poroshenko reported that there are more than 700 Russian tanks, more 1250 Russian artillery systems, more than 300 Russian- multi-rocket launch systems and more than 1,000 Russian armored personnel carriers in the occupied territories of Donetsk and Luhansk oblasts. The Russian Federation has ignored and routinely violated the Minsk I and Minsk II ceasefire agreements of September 2014 and February 2015, respectively. Russia’s war against Ukraine has resulted in the deaths of over 9,900 people, over 23,000 wounded and 1.4 million internally displaced people. From March 2016 onwards, attacks by Russian-proxy forces on Ukrainian positions on the eastern front increased again, with daily use by Russian-proxy of heavy weapons, including mortars and artillery. From May 1, 2016 to April 16, 2017, at least 226 Ukrainian soldiers were killed and at least 1397 wounded in combat on the eastern front. On September 28, 2016, the Joint Investigation Team into the downing of Flight-MH17, as part of its criminal investigation, concluded that MH-17 was shot down by a BUK missile system that was transported from the Russian Federation into occupied eastern Ukraine, and then transported back to the Russian Federation during the night following the shoot-down of the airliner on July 17, 2014. All 298 passengers on board, including one Canadian student, were killed. Russia’s aggression against Ukraine is not an isolated phenomenon. Since the collapse of the USSR, Russia has fomented instability and frozen conflicts in neighbouring states as a means of controlling their domestic and foreign policies. Ukraine is defending its sovereignty and independence against Russia’s war of aggression, while concurrently implementing comprehensive reforms. Canada and Western allies must continue to support Ukraine’s territorial integrity and sovereignty by providing meaningful support to Ukraine’s reform process and strengthening Ukraine’s security and defence capabilities. 2 Ukrainian Canadian Congress Briefing Note Canada’s Policy Response The current situation demands firm and robust measures to prevent Russia from enacting its political, economic, and military objectives vis-a-vis Ukraine, which would have grave consequences for both European security and international stability. Russia’s aggression against Ukraine has direct security implications for Canada. The long northern border between Canada and Russia makes Russia a potential threat to Canada’s security. By continuing to support Ukraine’s right to defend its territorial integrity and independence, a clear message is sent to the Kremlin that changing borders by force is unacceptable in the 21st century, and discourages Russia from becoming emboldened to threaten Canadian sovereignty in the Arctic. KEY OPPORTUNITIES FOR CANADA Foreign Policy - Country of Focus for Canada’s International Assistance - It is in Canada’s national security interest that Europe remain secure. The best way to ensure the return of peace to Europe is to ensure the success of a democratic, prosperous and strong Ukraine, whose territorial integrity and sovereignty are respected. Canada must ensure that Ukraine remains a “Country of Focus” and a key Canadian foreign policy priority. - Continue to advocate for Ukraine in international fora such as NATO, the OSCE, and the UN. Canada must remain a strong and unequivocal voice of support for Ukraine’s territorial integrity and sovereignty, and of the inherent right of the people of Ukraine to choose their country’s future. Canada must continue to support Ukraine’s further integration with the European Union and NATO. - Ensure continuing dialogue between the UCC and the Department of Global Affairs as a forum for regular consultation through the Canada Ukraine Stakeholder Advisory Council. Defence and Security - Ukraine must be added to the Automatic Firearms Country Control List, to allow the export of certain defensive equipment to Ukraine. - Strengthen Ukraine’s Security Forces - Strengthening the ability Ukraine’s security forces to defend their citizens against foreign aggression will prevent further bloodshed and facilitate a diplomatic resolution. - Support the reform of Ukraine’s military Canada must continue to support the 3 Ukrainian Canadian Congress Briefing Note reform of Ukraine’s military through the NATO-Ukraine Trust Funds: (Command, Control, Communications and Computers (C4); Logistics and Standardization; Cyber Defence; Medical Rehabilitation; Military Career Management; Counter-Improvised Explosive Devices and Explosive Ordnance Disposal). Given that these Trust Funds were set up in 2015 with duration commitments of two years, Canada must work with Ukraine and NATO allies to ensure these Funds are operational past 2017, where necessary. - Defensive Equipment - Canada and NATO allies must provide Ukraine with defensive equipment – most importantly, anti-tank, anti-artillery systems and surveillance systems. - International peacekeeping mission - At such time when Russia finally begins to implement its commitments under the Minsk Agreements, a large and robust international peacekeeping mission will be necessary in order to ensure effective monitoring of the comprehensive withdrawal of Russian troops, weapons and materiel from the eastern Ukrainian oblasts of Donetsk and Luhansk. Canada must play a leading role in ensuring that international monitoring of the Ukraine-Russia border is effective – either through a Mission under the auspices of the United Nations or the OSCE. International Assistance - Technical Assistance to the Government of Ukraine – Canada must continue to provide technical assistance to ensure the success of the Government of Ukraine’s reform process, targeted at entrenching the rule of law and implementing full transparency and accountability in governance. - Assistance to Ukraine’s civil society to ensure the continuing consolidation of democracy and democratic institutions. Canada must continue to support efforts to strengthen Ukraine’s civil society in order to ensure continuing consolidation of democratic institutions. Particularly, Canada should continue to assist with programs that will build capacity and increase the effectiveness of Ukraine’s political parties, media and independent journalism and non-governmental organizations. - Assistance to support economic development, most importantly small and medium enterprises. Upon being ratified, the Canada-Ukraine Free Trade Agreement will provide for increased business, trade and investment opportunities between Canada and Ukraine. Canada must continue to focus on improving economic opportunities in Ukraine and supporting economic reforms necessary for Ukraine to realize its full economic potential. - Humanitarian assistance to those affected by the conflict through international institutions as well as bilaterally, Canada must continue to provide humanitarian assistance to those affected by Russia’s invasion of Ukraine. 4 Ukrainian Canadian Congress Briefing Note - Ensure the increased participation of the Ukrainian Canadian community in the development, planning and implementation of Canada’s development assistance to Ukraine. Sanctions - Toughen economic sanctions on Russia, including the removal of Russia from the SWIFT international payments system- Canada in cooperation with the EU, the G7 and other like-minded nations must toughen economic sanctions on Russia. Such actions will deter further Russian efforts to grab more Ukrainian territory and pressure Moscow into full implementation of the Minsk agreements and withdrawal of Russian troops (and their proxies) from the territory of Ukraine, including Crimea. - Adopt a “Magnitsky Amendment” to the Special Economic Measures Act to directly target human rights abusers in Russia by instituting travel bans and asset freezes against them. The “Magnitsky Amendment” would allow Canada to impose sanctions on individuals responsible for the illegal imprisonment of Ukrainians illegally held in Russia. On April 11, Canada’s Senate adopted the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law); - Designate the so-called Donetsk and Luhansk “Peoples’ Republics” as terrorist organizations, and designate the Russian Federation as a state sponsor of terrorism, as has been requested by the Parliament of Ukraine. Immigration - Implement a liberalized visa regime for citizens of Ukraine travelling to and studying in Canada. The EU has conducted ‘Visa Liberalisation Dialogues’ with three Eastern Partnership countries, including Ukraine and will be implementing