Deconstructing the results of the four-party talks

The media refers to the document that emerged out of yesterday’s four party talks as an “agreement”. This is not strictly correct. The text of the document is here:

As its text makes clear what this document is in reality is not an an agreement to settle the Ukrainian crisis or even an outline of such an agreement but rather a statement of basic principles around which an agreement should be negotiated. The real agreement (if it comes about) will emerge from negotiations based on the principles set out in this document.

A number of points:

1. Kiev’s claims to the contrary notwithstanding, the statement that “all sides must refrain from all violence, intimidation and provocative actions” clearly rules out the “anti terrorist operation” in the eastern Ukraine that Kiev launched on Sunday;

2. As Lavrov has correctly pointed out the provisions in the third paragraph that require the disarmament and dissolution of armed groups is clearly intended to refer as much to Right Sector and the Maidan Self Defence Force as it does to the protesters in the east. Note specifically that the statement calls for a general amnesty except for those who have committed capital crimes (ie. murder). So far no protesters in the east have murdered anyone. Even Kiev admits that none of its soldiers have so far been killed. The same obviously cannot be said of Right Sector and of the Maidan Self Defence Force even if one disregards their likely responsibility for the sniper killings in Kiev on 20th February 2014;

Independence Square (Maidan) in Kiev still occupied by the protesters.
Independence Square (Maidan) in Kiev still occupied by the protesters.

3. The document clearly refers to Maidan itself, which it says must be cleared. Specifically alongside illegally occupied buildings the document refers to “all illegally occupied streets, squares and other public places in Ukrainian cities”. The reference to “squares” clearly is intended to refer to Maidan, which the militants in Kiev have said they will continue to occupy at least until the elections on 25th May 2014 and even beyond;

4. The referral to the OSCE as the enforcement and mediation agency between the regime and its opponents gives Russia a formal role in the process since it is a member of the OSCE. By contrast the negotiations which took place before 21st February 2014 were negotiated and mediated by the EU of which Russia is not a member;

5. The reference to the fact that in the negotiations concerning constitutional changes there should be “outreach to all the Ukraine’s regions and constituencies” (note especially use of the word “constituencies”) gives a role to the protesters in the east in the negotiations and not just to those formal official bodies currently recognised by Kiev.

This document on its face therefore represents a shift towards the Russian/east Ukrainian side. Indeed it basically sets out principles Russia has been arguing for ever since Yanukovitch was deposed on 22nd February 2014.

Unfortunately that does not mean this road map is going to be successfully followed. Already Kiev is trying to argue that the “anti terrorist operation” it has ordered is somehow exempt from it (it isn’t) whilst the US is threatening to impose more sanctions on Russia if following the weekend Russia fails to impose pressure on the eastern Ukrainians to evacuate buildings they occupy without the US undertaking to put any corresponding pressure on its clients in Kiev (shades of Syria here). It is very easy to see how the US and its allies could then blame Russia for the failure of the road map whilst having caused that failure themselves.

However the Russians do have a number of strong cards to play of their own:

1. The growing unrest in the Donbass, which will almost certainly spread to more regions of the eastern Ukraine unless some serious concessions are made. The events of the last few days have exposed Kiev’s difficulties in suppressing this unrest. Significantly no further step in pursuit of the “anti terrorist operation” seems to have been taken today as Kiev reels from the military defections of yesterday;

putin-main.si2. Russia as Putin pointedly reminded everybody in his television marathon yesterday can always refuse to recognise the results of the Presidential elections on 25th May 2014 if the negotiations are failing to make progress and also has authority from the Federation Council to send troops into the eastern Ukraine if the situation there deteriorates further. A refusal to recognise the results of the election will further undermine the legitimacy of whoever is elected. It is now clear that there will be no significant military resistance from forces loyal to Kiev if the Russian army moves into the eastern Ukraine. If that happens the likelihood is that Kiev will lose the easterh Ukraine forever (note Putin’s pointed reference to “Novorossiya” in his television marathon today) – a nightmare scenario for both Kiev and the west though not one Russia is pursuing at the moment;

3. It is now clear that without Russia’s assistance the possibility of stabilising the Ukraine’s economy quite simply does not exist. The last paragraph specifically refers to the importance of the Ukraine “financial and economic stability” to “the participants” and says “the participants…. would be ready to discuss additional support as the above steps are implemented”. The most important of the “participants” in this regard is Russia. It bears repeating (as Putin has recently pointed out) that Russia is the only participant so far providing any economic assistance to the Ukraine at all. The US is only offering $1 billion in loan guarantees and the EU is offering just 1.6 billion euros none of which have so far been provided. What this document in effect therefore says is that whilst Russia is prepared to assist in the stabilisation of the Ukraine’s economy its help is conditional on the fulfilment of the provisions of the road map;

4. It is becoming increasingly clear that there is growing resistance within the EU to further sanctions against Russia. The fact that a process has now been launched to settle this crisis will redouble European reluctance to introduce more sanctions and will increase pressure within the EU for the process to be treated seriously so that it can succeed.

In conclusion, we are not out of the woods or anywhere close. This is not the beginning of the end of the crisis. But we may be a small step closer to that point. A lot will depend on what happens next and the key decisions will be made on the ground in the Ukraine itself.

Alexander Mercouris is a former British barrister, international law expert.

Source: Da Russophil

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