Memorandum of 19 September 2014 (Memorandum on Implementation)

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Country/entity: Ukraine
Region: Europe and Eurasia
Agreement name: Memorandum of 19 September 2014 (Memorandum on Implementation)
Date: 19 Sep 2014
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Ukrainian Revolution and War in Donbass (2014 - )
In November 2013, protestors in Ukraine took to Maidan Nezalezhnosti in Kiev to protest to protest against the government of Viktor Yanukovych in favour of European integration. Protests eventually led to the 2014 Ukrainian Revolution or the 'Revolution of Dignity', where Yanukovych was ousted. Pro-Russian protests were also held across several regions of the Ukraine, and following the removal of Yanukovych, Russia annexed the Crimean peninsula in February 2014. International outcry led to Russia's suspension from the G8 and other international sanctions including condemnation from the United Nations. Spurred on by Russia's annexation of the Crimea and the subsequent referendum, pro-Russian militants began agitating for a similar outcome in March. However, by April, militants launched a separatist insurgency in the Donetsk and Luhansk oblasts spurring a Ukrainian counter-attack and the resulting War in Donbass. Since then, Russian troops have remained active in the warzone, although their presence is denied by the Russian government. In September 2014 “Minsk Protocol” was signed under the auspices of OSCE and “Minsk II” in February 2015, both failing to halt fighting completely in the region. Recently, in October 2019 Ukraine, Russia, the DPR and LPR, and the OSCE signed an agreement based on “the Steinmeier formula” originally proposed in 2016 by Germany’s then foreign minister – simplified version of the Minsk agreements to help parties agree on the sequence of events outlined in the agreements i.e. free fair elections in the east and grant of special status to the Donetsk and Luhansk regions. This deal was Russia’s key pre-condition for a summit of the leaders of Ukraine, Russia, France and Germany – the Normandy format. At the end of the month Ukrainian troops and Russian backed separatists have begun withdrawing from key front-line areas in eastern Ukraine under OSCE supervision.
Stage: Ceasefire/related
Conflict nature: Government/territory
Peace process: Ukraine peace process
Parties: Second President of Ukraine Leonid D. Kuchma; Ambassador of Russian Federation to Ukraine, Mikhail Y. Zurabov; Aleksander V. Zakharchenko, chairman of the Donetsk People's Republic; Igor.V. Plotnitskiy
Third parties: OSCE Ambassador Heidi Tagliavini;
Description: This short nine point agreement details plans for a bilateral ceasefire, in order to fulfill point 1 of the Protocol based on consultations of the trilateral contact group. It details that the ceasefire should begin on September 19 2015, bans on leathal weapons, heavy weapons, and mines and explosives, and the role of the OSCE monitoring mission.

Agreement document: UA_140919_Memorandum of 19 September 2014.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 1. The cease-fire is to be considered mutual.

Page 1, ... 3. There is a ban on the use of all types of weapons and any form of offensive action.

Page 1, ... 4. Within 24 hours after the approval of this memorandum, all lethal weapons more than 100 millimeter caliber are to be moved back from juxtaposition by at least 15 kilometers (with the exception of those indicated below), including from residential areas, which will allow to create a zone from from use of weapons of no less than 30 kilometers in width (the safety zone).

At the same time, artillery systems of more than 100 millimeter caliber are to be moved back from their juxtaposition by the length of their maximum range, in particular:
100 mm canons MT12 - by 9 kilometers; 120 mm mortars - by 8 kilometers; 122 mm howitzers D30 - by 16 kilometers; 152 mm 2C5 Giatsint-C (2C3 Acacia, 2C19 Mcta-C, 2A65 Mcta-B) - by 33 kilometers; Multiple Rocket Launch System (MRLS) 9K51 Grad - by 21 kilometers, 9K57 Uragan - by 36 kilometers; 9K58 Smerch - by 70 kilometers; MRLS Tornado-G - by 40 kilometers; MRLS Tornado U - by 70 kilometers; MRLS Tornado-C - by 120 kilometers. tactical rocket systems - by 120 kilometers.

Page 1, ... 5. A ban is to be introduced on deployment of heavy weapons and military equipment in the district limited by the towns of Komsomolske, Kumacheve, Novoazovsk, Sakhanka, with OSCE monitoring.

Page 1, ... 6. A ban is to be introduced on installment of new mines and explosive barriers within the limits of the safety zone.
There is an obligation to dismantle previously installed mines and explosive barriers in the safety zone.

Page 1, ... 8. The OSCE monitoring mission made up of observers of the organization is to be deployed to the cease-fire zone within 24 hours from the moment of approval of this memorandum. The above-mentioned zone should be divided into sectors, the number and limits of which should be agreed in the course of preparation of the OSCE monitoring mission for work.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, ... 6. A ban is to be introduced on installment of new mines and explosive barriers within the limits of the safety zone.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, ... 2. Subdivisions and military formations of the sides along are to stop in their juxtaposition as of Sept. 19.
Withdrawal of foreign forces: [Summary] Ceasefire provides for a withdrawal of all armed more than 100mm in calibre to be withdrawn to 100km from seperation line.

Page 1, ... 9. All foreign militarized formations, military equipment and militants and mercenaries are to exit the territory of Ukraine under OSCE monitoring.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: Page 2, Participants of the trilateral contact group
OSCE Ambassador Heidi Tagliavini (signed)
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, ... 5. A ban is to be introduced on deployment of heavy weapons and military equipment in the district limited by the towns of Komsomolske, Kumacheve, Novoazovsk, Sakhanka, with OSCE monitoring.

Page 1, ... 7. A ban from the moment of approval of this memorandum is to be introduced on flights of military aviation and foreign drones, with the exception of drones used by the monitoring mission of OSCE, along the line of juxtaposition in the weapons-free zone of 30 kilometer width.

Page 1, ... 8. The OSCE monitoring mission made up of observers of the organization is to be deployed to the cease-fire zone within 24 hours from the moment of approval of this memorandum. The above-mentioned zone should be divided into sectors, the number and limits of which should be agreed in the course of preparation of the OSCE monitoring mission for work.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Archived hard copy on file with C. Bell

Memorandum of 19 September 2014

To fulfill point 1 of the protocol based on consultations of the trilateral contact group on joint steps towards implementation of the peace plan of Ukrainian President Petro Poroshenko and initiatives of Russian President Vladimir Putin (in Minsk, Belarus, on Sept. 5), participants of the trilateral contact group made up of representatives of Ukraine, Russian Federation and Organization for Security and Cooperation in Europe, as well as representatives of certain districts of the Donetsk and Luhansk oblasts reached an understanding regarding the following measures called to seal the bilateral cease-fire agreement.

1. The cease-fire is to be considered mutual.

2. Subdivisions and military formations of the sides along are to stop in their juxtaposition as of Sept. 19.

3. There is a ban on the use of all types of weapons and any form of offensive action.

4. Within 24 hours after the approval of this memorandum, all lethal weapons more than 100 millimeter caliber are to be moved back from juxtaposition by at least 15 kilometers (with the exception of those indicated below), including from residential areas, which will allow to create a zone from from use of weapons of no less than 30 kilometers in width (the safety zone).

At the same time, artillery systems of more than 100 millimeter caliber are to be moved back from their juxtaposition by the length of their maximum range, in particular:

100 mm canons MT12 - by 9 kilometers;

120 mm mortars - by 8 kilometers;

122 mm howitzers D30 - by 16 kilometers;

152 mm 2C5 Giatsint-C (2C3 Acacia, 2C19 Mcta-C, 2A65 Mcta-B) - by 33 kilometers;

Multiple Rocket Launch System (MRLS) 9K51 Grad - by 21 kilometers, 9K57 Uragan - by 36 kilometers;

9K58 Smerch - by 70 kilometers;

MRLS Tornado-G - by 40 kilometers;

MRLS Tornado U - by 70 kilometers;

MRLS Tornado-C - by 120 kilometers.

tactical rocket systems - by 120 kilometers.

5. A ban is to be introduced on deployment of heavy weapons and military equipment in the district limited by the towns of Komsomolske, Kumacheve, Novoazovsk, Sakhanka, with OSCE monitoring.

6. A ban is to be introduced on installment of new mines and explosive barriers within the limits of the safety zone.

There is an obligation to dismantle previously installed mines and explosive barriers in the safety zone.

7. A ban from the moment of approval of this memorandum is to be introduced on flights of military aviation and foreign drones, with the exception of drones used by the monitoring mission of OSCE, along the line of juxtaposition in the weapons-free zone of 30 kilometer width.

8. The OSCE monitoring mission made up of observers of the organization is to be deployed to the cease- fire zone within 24 hours from the moment of approval of this memorandum.

The above-mentioned zone should be divided into sectors, the number and limits of which should be agreed in the course of preparation of the OSCE monitoring mission for work.

9. All foreign militarized formations, military equipment and militants and mercenaries are to exit the territory of Ukraine under OSCE monitoring.

Participants of the trilateral contact group:

• OSCE Ambassador Heidi Tagliavini (signed)

• Second President of Ukraine Leonid D. Kuchma (signed)

• Ambassador of Russian Federation to Ukraine Mikhail Y. Zurabov (signed)

• Aleksander V. Zakharchenko, chairman of the Donetsk People's Republic (signed)

• Igor.

V. Plotnitskiy (signed)