Ukraine

Baroness Stuart of Edgbaston Excerpts

Tuesday 18th March 2014 Commons Chamber

[Mr Hague]

That gives me the cue to run through, and make clear to the House, the spurious arguments Russia has advanced for its actions, including on the Budapest memorandum.

First, Russia says that it has acted in defence of Russian compatriots who were in danger from violence and facing a humanitarian crisis. However, the OSCE High Commissioner on National Minorities has stated that there is

“no evidence of any violence or threats to the rights of Russian speakers”

in Crimea. Indeed, there is no evidence of Russian compatriots being under threat anywhere in Ukraine, or of attacks on churches in eastern Ukraine, as Russia has alleged. It is not true that thousands of refugees are fleeing Ukraine into Russia, nor is there any threat to Russian military bases in Crimea, since the Ukrainian Government have pledged to abide by all existing agreements covering those bases.

Numerous international mechanisms exist to protect the rights of minorities, and Russia’s own actions are the greatest threat to stability in Ukraine. On top of evidence of gangs of thugs being bussed across the Russian border to provoke clashes with communities in eastern Ukraine, over the weekend the Ukrainian Government reported that Russian forces have seized an oil and gas facility 5 miles outside Crimea.

Secondly, to respond to the point made by my hon. Friend the Member for Hexham (Guy Opperman), Russia claims not to be bound by any of its previous agreements with Ukraine, including the 1994 Budapest memorandum, on the grounds that the new Government in Ukraine are illegitimate. However, the interim Government, formed when former President Yanukovych fled his post, were approved by an overwhelming majority in a free vote in the Ukrainian Parliament including representatives from Yanukovych’s Party of Regions. The Government have restored the 2004 constitution and scheduled presidential elections. Their legitimacy and their commitment to democracy are clear.

Moreover, treaties and international agreements are between states, not between Governments, and a change in Government does not in itself affect the binding force of those agreements. The commitments in the Budapest memorandum still stand, and Russia has flagrantly breached its pledge, in the words of the memorandum, to

“refrain from the threat or use of force against the territorial integrity or political independence of Ukraine”.

Thirdly, although Russia still denies that its troops are in Crimea, the Russians maintain that former President Yanukovych, whom they describe as the

“legitimate president of Ukraine”,

is entitled to request military assistance from Russia. That, too, is false, since the Ukrainian constitution is clear that only the Ukrainian Parliament has the authority to approve decisions on admitting foreign troops. The President has no such right, nor does the Crimean Parliament. In law and as a matter of logic it is clearly ludicrous to argue that a President who abandoned his post and fled has any right whatsoever to make any decisions about the future of that country, let alone to invite foreign troops into it.

Fourthly, Russia argues that the people of Crimea have a right to self-determination and that it is their basic right to choose to join Russia, citing Kosovo as an alleged precedent, but there is no equivalence whatsoever between Crimea and Kosovo and, as Chancellor Merkel has said, it is “shameful” to make the comparison. NATO intervention in Kosovo followed ethnic cleansing and crimes against humanity on a large scale. An international contact group, including Russia, was brought together to discuss the future of Kosovo after the conflict. The independence of Kosovo followed nine years of work by the Kosovan authorities to satisfy the conditions of independent statehood and mediation by a UN special envoy. None of these circumstances applies to Crimea.

In all those areas, Russia is attempting to find justifications in precedent or law to excuse its actions in Ukraine and to muddy the waters of international opinion. What we are actually witnessing is the annexation of part of the sovereign territory of an independent European state through military force. The fall of President Yanukovych and the change of Government in Ukraine was a massive strategic setback for the Russian Government, who had made no secret of their desire to prevent Ukraine from moving towards closer association with the EU. Seen in that light the annexation of Crimea is a bid to regain the advantage, to restore Russian prestige and permanently to impair Ukraine’s functioning as a country, and given that Russia still maintains it has the right to intervene militarily anywhere on Ukrainian soil, there is a grave risk that we have not yet seen the worst of this crisis.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Given that the Foreign Secretary referred to the unilateral redrawing of boundaries, which we have not seen for the last 25 years, neighbouring countries will become very important. Although Turkey is a member of the OSCE, have there been other, more detailed, discussions with Turkey as to how it could help the EU and the US efforts?

[Mr Hague]

Yes, there have been many discussions, including regular conference calls between EU Foreign Ministers and Secretary Kerry, which have also included my Turkish colleague, Foreign Minister Davutoglu, so Turkey’s opinions are very closely aligned with the ones I have been expressing. It of course has a particular affinity with the Tatar minority in Crimea, so Turkey is extremely anxious about this situation. It must choose its own measures, however: it is not a member of the European Union and it will choose, of course, its own measures as a sovereign state.

--- Later in debate ---

[Mr Alexander]

First and foremost, we must avoid a situation in which escalation continues as a result of the arrival of Russian troops in eastern Ukraine. Secondly, there must be a meaningful dialogue between the Ukrainian authorities and the Russian authorities, and I will explain what I mean by that in the course of my remarks. Thirdly, there must be a recognition that the international community remains unyielding in its opposition to the illegal referendum that took place in Crimea last weekend. Alas, the Kremlin has not yet recognised or acted on any of those steps, but I hope that it will do so in the coming days. Why do I make that point? Ukraine’s future still hangs in the balance, so today’s debate is welcome and takes place at a crucial time.

The recent trajectory of Ukrainian politics hinges on the events of 21 November when Yanukovych’s Cabinet abandoned an agreement on closer trade ties with the EU, and instead sought closer co-operation with the Russian Federation. Days later, hundreds of thousands of Ukrainians descended on Maidan square, and for months the various protests endured and grew on the streets of Kiev. On 20 February, in a vibrant European capital, Government snipers turned their fire on protesters and the day ended with makeshift morgues lining the pavements of that historic city. On 27 February, just four days after the end of the Sochi winter Olympics, Russian troops effectively occupied Crimea under the false pretence of protecting its Russian-speaking population.

Ukraine faces a generational choice: in the decades ahead, can it face both east and west? Russia, too, is faced with two alternative futures: greater integration or greater isolation within the existing international order. It is right that the international community’s approach to date has been characterised by engagement with Russia where possible but by appropriate diplomatic pressures where required, which is why I welcome the draft UN resolution criticising the referendum in Ukraine’s Crimea region. Recent events in Ukraine are a key test of resolve for the European Union in particular. This clear and flagrant breach of international law has happened on Europe’s doorstep, and the burden of responding to the crisis rests heavily on European Union leaders.

It is worth acknowledging from the outset that getting agreement among the EU 28 is always difficult, particularly when a number of member states are vulnerable to Russian action on issues such as energy supply. I therefore welcome the steps that have already been agreed by the EU, including the suspension of negotiations with Russia on visa liberalisation and targeted asset freezes and visa bans against those responsible for threatening Ukraine’s territorial integrity and independence.

Despite those important steps, I regret that, to date, the EU’s unity in condemning Russia’s military aggression has not been matched by a shared resolve to act more decisively in extracting costs and consequences for Russia’s actions. Only four days before this week’s Foreign Affairs Council, Chancellor Merkel made it clear that if Russia continued on its current course, it would cause

“massive damage to Russia, both economically and politically.”

Following her comments, and ahead of the EU Foreign Affairs Council meeting, the press quoted reports that more than 100 names were being considered for targeted measures by the EU. At that Foreign Affairs Council meeting, a list of 21 individuals was agreed, and only 13 of them were Russian. Given that the objective of the sanctions is to alter the calculus of risk in the minds of the Russian leadership, it would be unfortunate if confused messages were sent to Moscow, however inadvertently, at this critical time.

[Ms Gisela Stuart]

My right hon. Friend mentioned the importance of the EU speaking with one voice. Does he not think that it was slightly naive of the French, German and Polish Foreign Ministers to take action without bringing the United States into the meeting? That would have shown unity not only within the EU but with our allies in north America.

[Mr Alexander]

I have no criticism of the French, German and Polish Foreign Ministers. We saw from the dynamic on the streets of Kiev that that potential agreement was overtaken by events, including the fleeing of the President from Ukraine. I do not believe that any reasonable criticism can be levelled at the European Union for somehow ignoring or being unwilling to work with our friends, colleagues and allies in the United States. Indeed, one of the brighter shafts of light amid the darkness has been the degree of effective co-operation between European leaders and the US Secretary of State John Kerry in the recent days and weeks. This is a big geopolitical moment and, as the Foreign Secretary made clear, all of us in the west—in the European Union and the United States—have a strong interest in upholding the international order that has lasted in Europe since the second world war.