My Turn

Ukraine: Sovereignty, territorial integrity

On Sunday, March 16, a referendum took place in Crimea. It was on the basis of that referendum that President Putin moved to annex Crimea on March 18.  But the referendum was fundamentally flawed—legally, practically and on principle. I would like to lay out for readers in Malawi why the UK and almost all the international community consider the referendum and annexation illegitimate.

This has been a difficult, and at times tragic, period for the Ukraine. In December 2013, thousands of people protested the Ukrainian government’s decision to pull out of plan to develop a closer relationship between the EU and Ukraine.

In February 2014, at least 88 people were killed in clashes in Kyiv and on February 22 former president Yanukovych abandoned his post. In keeping with Ukraine’s constitution, its Parliament conducted a free vote appointing an interim government and pledged to begin the process of constitutional reform and scheduled presidential elections by the end of the year.

These events prompted a military reaction in Crimea, in the South East of Ukraine, where increasing numbers of soldiers, Russian in all but their insignias, deployed on the ground. A new Parliament of Crimea was elected—while the Parliament building was occupied by unidentified gunmen—and on March 6, it voted for a snap referendum on whether to break from Ukraine or join Russia.  There was no option of maintaining the status quo.

This   referendum was legally flawed. The Ukrainian constitution is clear: a vote like this can only take place at the request of three million Ukrainian citizens; it must be an all-Ukraine referendum; and it can only be called by the Ukrainian Parliament. None of these conditions were met.

Russia’s military action in the Ukraine is in breach of Russia’s signature of the Budapest Agreement of 1994 in which they committed to: “Refrain from the threat or use of force against the territorial integrity or political independence of Ukraine.”

The referendum was also practically flawed. It took place with 10 days’ notice. There was no proper campaign and no electoral roll. Ukrainian leaders were unable to enter Crimea ahead of the poll, and political leaders opposed to Crimea joining Russia had no option but to boycott. The polls took place under the watch of armed foreign troops.

The UK supports self-determination as recognised in international law. Organisations like the Organisation for Security and Cooperation and Council of Europe (OSCCE), of which Russia is an integral member, exist to help States address questions of self-determination and defend the rights of minorities. But OSCCE  election monitors were denied access to the referendum.

The events in the Crimea fundamentally damage the operation of an international system where the rule of law is upheld and territorial integrity respected. That is why international condemnation of the referendum has been so widespread. On March 15, 13 of the UN Security Council’s 15 members voted in favour of a UN Security Council Resolution upholding Ukraine’s territorial integrity and asserting the illegitimacy of the referendum. Russia was isolated in voting against it.

The European Union has implemented asset freezes and travel bans against 23 individuals linked to the violations of Ukraine’s sovereignty and territorial integrity, and on March 20 announced its support for suspending negotiations on Russia’s joining of the Organisation for Economic Co-operation and Development, and the International Energy Agency. The UK has also introduced a number of bilateral measures.

The EU and Ukraine have now signed an Association Agreement, demonstrating a mutual commitment to the reforms needed to help Ukraine develop as a free-market economy underpinned by democracy, the rule of law and human rights.

This Saturday, Ukraine, supported by Costa Rica, Botswana, Qatar, Canada and Poland, circulated a draft UN General Assembly resolution urging restraint and dialogue, and stating the referendum in Crimea has no legal standing.  The UK government supports this resolution and hopes that other States including Malawi will do so too. At stake, is the principle of territorial integrity, which I know Malawi also holds dear.

All diplomatic channels remain open to Russia. As my Foreign Secretary said last week: “We call on Russia to enter into dialogue with Ukraine and with the international community to resolve this crisis through diplomacy and in accordance with international law.”

The author is British High Commissioner to Malawi.

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