Agreement on settlement of political crisis in Ukraine

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The Agreement on the Settlement of the Political Crisis in Ukraine was an agreement to reduce bloodshed at Euromaidan demonstrations in Kyiv, which had become significantly more violent during the Revolution of Dignity and resulted in the deaths of over 100 people. The agreement also aimed to end the political crisis caused by Euromaidan, which began in November 2013 in response to Ukrainian authorities' decision to suspend the process of signing an association agreement with the European Union. It was signed on 21 February 2014 by the then-President of Ukraine, Viktor Yanukovych, and the leaders of Ukraine's parliamentary opposition through the mediation of the European Union and Russia.

The opposition was represented by Vitali Klitschko (Ukrainian Democratic Alliance for Reform), Arseniy Yatsenyuk (All-Ukrainian Union "Fatherland") and Oleh Tyahnybok (Svoboda). The signing was formally witnessed by the Foreign Ministers of Germany and Poland, Frank-Walter Steinmeier and Radosław Sikorski, and the head of the Department for Continental Europe of the French Ministry of Foreign Affairs, Eric Fournier. Vladimir Lukin, the Special Representative of the President of the Russian Federation, participated in the discussions but declined to sign the agreement.^[1]

The agreement called for a return to the 2004 Constitution, i.e., a parliamentary-presidential style of government, early presidential elections by the end of 2014, and a "government of national trust". It also called for the removal of security troops from downtown Kyiv, a cease of violence, and the surrender of opposition arms.^[2]

Although nearly all sides, except Russia, signed the agreement, it was not implemented. Protests continued after its signing, and Yanukovych eventually fled to Russia. With the Euromaidan protesters emerging victorious, an arrest warrant was issued for Yanukovych, who effectively became a fugitive.^[3]

Challenges

Vladimir Lukin, explaining his refusal to sign the Agreement, stated that "Moscow decided not to sign these agreements for a very valid reason. In fact, the situation with who is the subject of this agreement is not very clear", as "the forces and people who should implement it aren't seen" in the agreement.^[1]

On 21 February, Volodymyr Parasyuk stated that he and other "Maidan self-Defense" activists were not satisfied with the gradual political reforms specified in the agreement. He demanded instead the immediate resignation of President Yanukovych and otherwise threatened to storm the presidential administration and the Verkhovna Rada. This statement was met with applause.

The leader of the Right Sector, Dmytro Yarosh, refused to comply with the agreement and stated that it did not provide a clear commitment to the President's resignation, the dissolution of the Verkhovna Rada, and the punishment of heads of law enforcement agencies and "criminal orders, which had killed about a hundred Ukrainian citizens".^[4]

On the evening of 21 February, Yanukovych traveled to Kharkiv, where he was expecting to participate in a "Congress of South-Eastern Regions and Crimea". Many pro-Russian politicians and Russian diplomats were present, and the Crimean delegation openly proposed separation of the regions from Ukraine. The sentiment on the council, however, was against separation, so Yanukovych ended up not participating.^[5][6]

The next night on 22 February, Euromaidan activists occupied the government quarter as law enforcement abandoned it. They put forward a number of new requirements. In particular, they demanded the immediate resignation of President Yanukovych.^[7]

Russian President Vladimir Putin later described the Agreement as a practical surrender of power because Yanukovych agreed to all demands of the opposition.^[8]

Positions

Presidency of Ukraine

Viktor Yanukovych stated:^[9]

The Opposition and radical forces, which were submitted on the Maidan, and not only on the Maidan, but also in other regions, they had to disarm, vacate all the occupied territories. But it was not implemented. And, as a result, Kyiv was overrun by armed men who began to smash homes, religious institutions, temples, began to make suffer completely innocent people. People just on the streets robbed and beaten. And it continues today. So the agreement for us, of course, gave some hope. But with everything that happened next, it's difficult to call any epithets.

During an appeal on 28 March 2014, Yanukovych said: "I will seek the lawful execution of the agreement of 21 February and will make every effort to get organized. This farce was completely exposed and those responsible for the collapse of the state will be duly punished".^[10]

On 2 April 2014, Yanukovych gave an interview to Russian and foreign media:^[11]

Immediately after the signing of the agreement, I began to fulfill that part of the obligations that the government assumed. As the president of Ukraine, without delay, I instructed the police to retreat from the Maidan. Its radical part responded with shooting... My principle that no power is worth a drop of shed blood, I have always professed.

 

... In 2004, during the events of the Orange Revolution, I did not allow clashes between the opposing sides. When I signed the agreement, I was doomed to keep it. And I believed that the guarantors, the EU foreign ministers, would fulfill their obligations as well. I did not assume that this was a trap for the authorities, for the President of Ukraine, because already that night militants began to attack me openly, with weapons ... I am a living person, first of all. But I didn't even hear words of condemnation against the bandits, who began to be called activists.

Ukrainian opposition

After voting to remove Yanukovych, the Verkhovna Rada appointed Arseniy Yatsenyuk as Prime Minister of Ukraine. He stated: ^[12]

The First basic commitment was about the return of the 2004 Constitution, but the next day Viktor Yanukovych publicly refused to sign the bill and walked out of this Agreement

 

...the government of Ukraine was formed, as allowed by the Agreement, namely the inclusive government, which received even the new opposition in the face of the Party of regions. Constitutional majority 371 votes in the Parliament voted for this government.

Viktor Musiyaka, a professor of law and one of the developers of the Constitution, stated:^[13]

First, he within 48 hours from the moment of signing of the agreement with the opposition has not signed adopted by the Verkhovna Rada of Ukraine the Law on the renewal of the Constitution of Ukraine as amended on 08.12.2004 G. That he actually disavowed his signature to the agreement and made it legally null and void.

 

... Yanukovych, had to say about the unconditional execution of their powers and even to veto the laws passed by the Parliament. But for this he was necessary to remain in the workplace.

United States

According to U.S. permanent representative to the UN Samantha Power: "It was Yanukovych who failed to abide by the terms of that agreement, fleeing Kyiv, and ultimately Ukraine".^[14][15]

Russia

Russia refused to sign the agreement.

The next day, 22 February 2014, Minister of Foreign Affairs Sergey Lavrov urged the foreign Ministers of Germany, France and Poland to put pressure on the Ukrainian opposition to implement the agreement and resolve the political crisis.^[16] He stated:^[17]

According to this agreement, the authorities refused to impose a state of emergency, were removed from the streets by law enforcement. The opposition has done nothing. Illegal weapons haven't been handed in, public buildings and streets of Kyiv aren't fully free [of people], the radicals continue to control cities. Instead of the promised creation of a national unity government, the creation of the government of the winners has been announced.

On 5 March 2014, Lavrov met with US Secretary of state John Kerry. According to the Russian diplomat, they agreed it was necessary to implement the agreement.^[18] Lavrov also planned to meet with the Foreign Ministers of France, Germany and Poland, who were witnesses at the signing ceremony.^[19]

Russian President Vladimir Putin spoke on Yanukovych's actions:^[20]

... He gave the instruction to withdraw all police forces from the capital, and they complied with his order. He went to the event in Kharkiv, as soon as he had gone to Kharkiv, instead of the release of previously occupied administrative buildings, immediately seized and his presidential residence, government building, instead of trying to fulfill what we agreed.

European Union

The foreign ministers of Germany, France and Poland (Frank-Walter Steinmeier, Laurent Fabius and Sikorski) urged the new Ukrainian government to respect the agreement of 21 February. They issued a joint statement on 31 March 2014: "As intermediaries for the conclusion, we call on the Ukrainian authorities to do everything possible to the basic principles contained in the document became part of the Ukrainian policy".^[21][22]

References