Package of Measures for the Implementation of the Minsk Agreements (Minsk II)

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Country/entity
Ukraine
Region
Europe and Eurasia
Agreement name
Package of Measures for the Implementation of the Minsk Agreements (Minsk II)
Date
12 Feb 2015
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Ukrainian Revolution and War in Donbass (2014 - ) )
Stage
Implementation/renegotiation
Conflict nature
Government/territory
Peace process
Ukraine peace process
Parties
Second President of Ukraine, L. D. Kuchma
Ambassador of the Russian Federation to Ukraine, M. Yu. Zurabov A.W. Zakharchenko
I.W. Plotnitski
Third parties
Ambassador Heidi Tagliavini
Description
Short agreement outlining the modalities for implementing the Minsk Agreement, including establishing a ceasefire, a OSCE-led monitoring mission, and a devolution of powers to the two regions of Donetsk and Luhansk.

Agreement document
UA_150212_MinskAgreement_en.pdf | 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
Page 2, Footnote:
Such measures are, according to the Law on the special order for local self- government in 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;

Governance

Political institutions (new or reformed)
No specific mention.
Elections
Page 1, ... ... 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.

Page 1-2, ... 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.

Page 2, ... 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.

Page 2, Footnote:
Such measures are, according to the Law on the special order for local self- government 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.
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
Governance→Constitution→Constitutional reform/making
Page 2, ... 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.

Footnote to provision: Such measures are, according to the Law on the special order for local self-government in certain
areas of the Donetsk and Lugansk regions:
- Exemption from punishment, prosecution and discrimination for persons involved in the events that
have taken place in certain areas of the Donetsk and Lugansk 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 pf the Donetsk and Lugansk regions;
- Possibility for certain 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 Lugansk regions;
- State supports the social and economic development of certain areas of the Donetsk and Lugansk regions;
- Support by central government authorities of cross-border cooperation in certain areas of Donetsk
and Lugansk 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 Lugansk regions; The powers of deputies of local councils and officials, elected at early elections, appointed by the Verkhovna

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
Power sharing→Territorial power sharing→Local/municipal government
Page 2, Footnote:
Such measures are, according to the Law on the special order for local self- government in certain areas of the Donetsk and Luhansk regions:
... – 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;
Power sharing→Territorial power sharing→Autonomous regions
Page 1, ... ... 4. ... 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.

Page 2, ... 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]

Page 2, Footnote:
Such measures are, according to the Law on the special order for local self- government in certain areas of the Donetsk and Luhansk regions:

Page 2, Footnote:
Such measures are, according to the Law on the special order for local self- government 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;
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
Page 1, ... 7. Ensure safe access, delivery, storage, and distribution of humanitarian assistance to those in need, on the basis of an international mechanism.
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
Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Footnote:
Such measures are, according to the Law on the special order for local self- government 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;

Page 2, Footnote:
Such measures are, according to the Law on the special order for local self- government in certain areas of the Donetsk and Luhansk regions:
... – State supports the social and economic development of certain areas of the Donetsk and Luhansk regions;
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, ... 7. Ensure safe access, delivery, storage, and distribution of humanitarian assistance to those in need, on the basis of an international mechanism.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
Socio-economic reconstruction→Taxation→Reform of taxation
Page 1, ... 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.
Banks
Socio-economic reconstruction→Banks→Personal or commercial banking
Page 1, ... 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.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
Land, property and environment→Cultural heritage→Intangible
Page 2, Footnote:
Such measures are, according to the Law on the special order for local self- government in certain areas of the Donetsk and Luhansk regions:
... – Right to linguistic self-determination;

Page 2, Footnote:
Such measures are, according to the Law on the special order for local self- government 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;
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. Immediate and comprehensive ceasefire in certain areas of the Donetsk and Luhansk regions of Ukraine and its strict implementation as of 15 February 2015, 12 a.m. local time.

Page1, .. 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 calibre 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.

Page 1-2, ... 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.
Police
Page 2, Footnote:
Such measures are, according to the Law on the special order for local self- government in certain areas of the Donetsk and Luhansk regions:
... – 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;
Armed forces
Page 2, ... 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.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 2, ... 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.
Withdrawal of foreign forces
Page 2, ... 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.
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
Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 1, ... 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.

Page 2, Footnote:
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;
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
Page 1, ... 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.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
Page 1, ... ... 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.

Implementation

UN signatory
No specific mention.
Other international signatory
Ambassador Heidi Tagliavini, OSCE Representative
Referendum for agreement
No specific mention.
International mission/force/similar
Page1, .. 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 calibre 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.

Page 1, ... 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.

Page 2, ... 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.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
UN Peacemaker; http://peacemaker.un.org; http://peacemaker.un.org/sites/peacemaker.un.org/files/UA_150212_MinskAgreement_en.pdf

Package of measures for the Implementation of the Minsk agreements

1. Immediate and comprehensive ceasefire in certain areas of the Donetsk and Lugansk regions of Ukraine and its strict implementation starting from 00.00 AM (Kiev time) on the 15th of February, 2015.

2. Withdrawal of heavy weapons by both sides on equal distances in order to create a security zone at least 50 km wide from each other for the artillery systems with caliber greater than 100mm and more, a security zone of 70 km wide for MLRS and 140 km wide for MLRS

“Tornado-C”, “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 Lugansk oblast of Ukraine from the line of contact according to the Minsk memorandum of September 19, 2014.

The withdrawal of the heavy weapons as specified above is to start on day 2 of the ceasefire at the latest and to 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 the 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 Lugansk 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 the document a resolution of the Parliament of Ukraine specifying the area enjoying the special regime, under the Law of Ukraine On interim local self-government order in certain areas of the Donetsk and Lugansk 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 Lugansk 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 socio-economic 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 conflictaffected 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 Lugansk 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 Lugansk 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 Lugansk 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 Lugansk regions in line with measures as set out in the footnote until the end of 2015i.

12. Based on the Law of Ukraine “On interim local self-government order in certain areas of the Donetsk and Lugansk regions”, questions related to local elections will be discussed and agreed upon with representatives of certain areas of the Donetsk and Lugansk 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.

Participants of the Trilateral Contact Group:

Ambassador Heidi Tagliavini

Second President of Ukraine, L.D. Kuchma

Ambassador of the Russian Federation to Ukraine, M.Y. Zurabov

A.V. Zakharchenko

I.V. Plotnitskiy

Minsk, 12 February 2015

Such measures are, according to the Law on the special order for local self-government in certain areas of the Donetsk and Lugansk regions:

- Exemption from punishment, prosecution and discrimination for persons involved in the events that have taken place in certain areas of the Donetsk and Lugansk 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 pf the Donetsk and Lugansk regions;

- Possibility for certain governmental authorities to initiate agreements with organs of local selfgovernment regarding the economic, social and cultural development of certain areas of the Donetsk and Lugansk regions;

- State supports the social and economic development of certain areas of the Donetsk and Lugansk regions;

- Support by central government authorities of cross-border cooperation in certain areas of Donetsk and Lugansk 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 Lugansk regions;

The powers of deputies of local councils and officials, elected at early elections, appointed by the Verkhovna Rada of Ukraine by the law, cannot be early terminated.