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 - )
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: 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 (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: 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.