Security Council Resolution 2202 (2015) [on Implementation of the "Package of Measures for the Implementation of the Minsk Agreements"]

S/RES/2202 (2015)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 59 Letter dated 13 April 2014 from the Permanent Representative of the Russian Federation to the United Nations addressed to the President of the Security Council (S/2014/264), published in 2015.

What subjects does this mandate have?

4 subjects

Ceasefires Declarations (Text)Post-Conflict Reconstruction Ukraine

What’s in this document?

4 operative paragraphs

Endorses the “Package of measures for the Implementation of the Minsk Agreements”, adopted and signed in Minsk on 12 February 2015 (Annex I);

Welcomes the Declaration by the President of the Russian Federation, the President of Ukraine, the President of the French Republic and the Chancellor of the Federal Republic of Germany in support of the “Package of measures for the Implementation of the Minsk Agreements”, adopted on 12 February 2015 in Minsk (Annex II), and their continuing commitment therein to the implementation of the Minsk Agreements;

Calls on all parties to fully implement the “Package of measures”, including a comprehensive ceasefire as provided for therein;

Decides to remain seized of the matter.

Package of Measures for the Implementation of the Minsk Agreements

Minsk, 12 February 2015

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.

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.

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.

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.

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.

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.

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.

Ensure safe access, delivery, storage, and distribution of humanitarian assistance to those in need, on the basis of an international mechanism.

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.

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.

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.

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]

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.

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.

Note

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;

– 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 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;

– State supports the social and economic development of 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;

– 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;

– 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.

Participants of the Trilateral Contact Group:

Ambassador Heidi Tagliavini

Second President of Ukraine, L. D. Kuchma

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

A.W. Zakharchenko

I.W. Plotnitski

Annex II

Declaration of the President of the Russian Federation, the President of Ukraine, the President of the French Republic and the Chancellor of the Federal Republic of Germany in support of the “Package of Measures for the Implementation of the Minsk Agreements”, adopted on 12 February 2015 in Minsk

The President of the Russian Federation, Vladimir Putin, the President of Ukraine, Petro Poroshenko, the President of the French Republic, François Hollande, and the Chancellor of the Federal Republic of Germany, Dr. Angela Merkel, reaffirm their full respect for the sovereignty and territorial integrity of Ukraine. They firmly believe that there is no alternative to an exclusively peaceful settlement. They are fully committed to undertake all possible individual and joint measures to this end.

Against this background, leaders endorse the Package of Measures for the Implementation of the Minsk Agreements adopted and signed on February 12, 2015 by all signatories who also signed Minsk Protocol of September 5, 2014 and Minsk Memorandum of September 19, 2014. Leaders will contribute to this process and will use their influence on relevant parties to facilitate the implementation of that Package of Measures.

Germany and France will provide technical expertise for the restoration of the segment of the banking system in the conflict affected areas, possibly through the establishment of an international mechanism to facilitate social transfers.

Leaders share the conviction that improved cooperation between the EU, Ukraine and Russia will be conducive to the crisis settlement. To this end, they endorse the continuation of trilateral talks between the EU, Ukraine and Russia on energy issues in order to achieve follow-up stages to the gas winter package.

They also support trilateral talks between the EU, Ukraine and Russia in order to achieve practical solutions to concerns raised by Russia with regards to the implementation of the Deep and Comprehensive Free Trade Agreement between Ukraine and the EU.

Leaders remain committed to the vision of a joint humanitarian and economic space from the Atlantic to the Pacific based upon full respect for international law and the OSCE principles.

Leaders will remain committed to the implementation of the Minsk Agreements. To this end, they agree to establish an oversight mechanism in the Normandy format which will convene at regular intervals, in principle on the level of senior officials from the foreign ministries.

Who adopted this document and its mandates?

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