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Ukraine parliament approves Donbas zone self-governance, amnesty

Ukraine parliament approves Donbas zone self-governance, amnesty

17 September 2014

Ukraine’s parliament approved in a blind vote on Sept. 17 two bills that are aimed at establishing the peace plan proposed by Ukrainian President Petro Poroshenko. The first bill designates a “special order of local governance” for three years in the territory of Ukraine controlled by Russian and pro-Russian forces, which amounts to one-third of the Donetsk and Luhansk regions (the occupied territory collectively known as Donbas). It protects those not committing severe crimes in the Donbas war from criminal prosecution or administrative punitive measures. Residents of the special zone will be able to vote in the national parliamentary election in October and local elections are set for December. A line item is established in the state budget to finance the region’s “socio-economic development.” Local governments will establish people’s militias of volunteers and participate in selecting their prosecutors and judges. The influence of local state administrations, representing the Presidential Administration, will be minimized. The law foresees cooperating between governing bodies and local communities with Russian entities based on border cooperation agreements.

 

The second legislation, known as the amnesty bill, forbids the persecution and punishment of those involved in the armed conflict in the Donbas region, particularly the members of the illegal armed formations, the members of the self-declared government bodies and those who acted against the Ukrainian government’s anti-terrorist operation. These individuals are protected from prosecution if they free their hostages, evacuate state buildings, and surrender their arms within a month of the legislation taking effect (upon the president’s signature). They will also have all criminal cases and administrative fines dropped against them. The amnesty doesn’t apply to those found responsible for shooting down Malaysian Airlines Flight MH17 or interfered with crash site investigations.

 

Despite the secret vote held, it became evident afterwards that the Presidential Administration mustered support for the legislative items by forming a coalition of parliament’s pro-Russian forces, as well as the pro-presidential Ukrainian Democratic Alliance for Reform (UDAR) party. The bills’ fiercest critics were the nationalist Freedom party and pro-NATO Fatherland party, both of which have called for martial law and the use of the military to remove Russian forces from Donbas. Former Prime Minister and Fatherland Head Yulia Tymoshenko characterized the legislation as “a complete surrender of Ukraine’s interests in Donbas,” asserting that the legislation “legalizes terrorism and the occupation of Ukraine.”

 

Those in opposition also criticized Parliamentary Head Oleksandr Turchynov for violating parliamentary regulations by holding the secret vote without the parliament’s approval. “We simply saw the number 277 on the screen,” said Fatherland MP Andriy Shevchenko. “We don’t know who voted for these laws and we don’t know if parliament truly supported these laws. I’m very ashamed of this parliament.” In response to the criticisms, UDAR MP Pavlo Rozenko justified the measures as giving MPs the necessary anonymity to vote for a potentially unpopular decision that’s ultimately good for the country’s interests.

 

Zenon Zawada: As we expected, several pro-Western parties in Ukraine’s parliament have carved out a niche for themselves by opposing the president and declaring the need for more radical approaches. Despite their criticisms, Poroshenko’s only other option to pursuing peace was to engage in military conflict with the Russian Federation, which could have easily resulted in a full-scale Russian invasion and possible occupation of much of Ukraine. Our concern is that the invasion and occupation are still on the Russians’ agenda, with the peace efforts merely delaying the inevitable. Yet with peace, the president is hoping to provide the foundation for desperately needed economic stability. He’s also buying time for the Ukrainian military to bolster itself. Nevertheless, if Russian aggression continues, even beyond the military front, time is on the side of the Russians, not the Ukrainians.

 

Also important to note is that the president’s efforts in pursuing peace, and forming a temporary coalition with pro-Russian forces, solidifies his image as a centrist and pragmatic politician, capable of finding compromises between diverse interests. He’s carved out a very comfortable niche in the Ukrainian political fauna, which should provide the Poroshenko Bloc with the strongest result in the Oct. 26 parliamentary vote. What could ruin this victory is a Russian military escalation ahead of the election, which would undermine the public’s confidence in him. Yet in reaching the Sept. 12 agreement with the Russians (and delaying the free trade area’s implementation), Poroshenko has tried to show the Russian leadership that it can also benefit from his approach to politics and that it can find a potential partner in him.

 

The biggest question at this point is whether the Russians will be satisfied enough with Poroshenko’s concessions to halt the aggression, at least on several fronts (ending military expansion, ceasing the daily bomb threats in the capital city). It’s our view that they won’t be and that we should brace for more attempts to undermine Ukrainian statehood. But Poroshenko will have at least satisfied Western demands for peace, which was necessary given the Ukrainian government’s dependence on Western financing.

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