Dáil debates

Thursday, 3 April 2014

Current Crisis in Ukraine: Motion

 

12:35 pm

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move:

That Dáil Éireann:

rejects the validity of the referendum held in Crimea on 16th March without the minimum democratic guarantees which cannot pave the way for a change of borders between Russia and Ukraine;

condemns the illegal annexation of Crimea by the Russian Federation which violates the sovereignty, political independence, unity and territorial integrity of Ukraine in breach of the Charter of the United Nations and the 1975 Helsinki Final Act of the Conference on Security and Cooperation in Europe, as well as Russia’s specific commitments under the 1994 Budapest Memorandum, the 1997 Treaty on Friendship, Cooperation and Partnership between Ukraine and the Russian Federation and the 1991 Alma Ata Declaration;

calls on all parties, and particularly the Russian Federation, to pursue immediately the peaceful resolution of the situation regarding Ukraine, in full respect of its bilateral and multilateral commitments to respect Ukraine’s sovereignty and territorial integrity and the right of its people to democratically decide their own future and self determination, through direct political dialogue, to exercise restraint, to refrain from unilateral actions and inflammatory rhetoric that may increase tensions and to engage fully with international mediation efforts;

commends the measured response shown so far by Ukraine and calls on the interim government to ensure they maintain inclusive and representative governmental structures, reflecting regional diversity, to ensure the full protection of the rights of all persons, including those belonging to national minorities, to undertake constitutional reform, to investigate all human rights violations and acts of violence and to fight extremism;

welcomes the holding of Presidential elections in Ukraine on 25th May and underscores the right of the Ukrainian people to choose their own constitutional framework without outside interference; and

pledges its solidarity with, and support for Ukraine, including through multilateral organisations of which Ireland is a member such as the United Nations, the OSCE and the Council of Europe and welcomes Ukraine’s signature of the political elements of the Association Agreement with the European Union and its Member States.

Ukraine has rightly been the focus of much concern by all parties and Deputies represented here since peaceful demonstrations started last November in Kiev. In moving this motion, I want to address three points in the House. I will explain why these developments matter, I will elaborate on the Irish and EU responses to them and I will address some questions and issues that have been prominent in the debate in recent times. The Irish people watched as the demonstrators were met with repressive and ultimately lethal force, and subsequently as Russian forces in a matter of weeks seized a part of Ukrainian territory, installed a compliant local regime, orchestrated an invalid referendum under a heavy military presence and finally announced the illegal annexation of Crimea and the city of Sevastopol by the Russian Federation.

Our greatest concern must relate to what these developments mean for the future of all countries, particularly small countries like Ireland, that support an international system where respect for the rule of law is fundamental to stability and the well-being and prosperity of all nations. It is necessary to be clear that this is not a debate about cultural affinities, the language that is spoken or the flag that is flown. We must debate the sorts of values that we want to see embedded in our societies and institutions and how we want public life and international order to be structured. We want democratic values to underpin a global international system that is based on co-operation, rather than confrontation, and allows each country to determine its own future free of external pressure, or the threat or use of force. That is why our message has been consistent from the outset. We have spoken clearly about the need for inclusive dialogue, full respect for global norms and laws, including fundamental rights and freedoms, the exercise of restraint from all sides and a total rejection of intimidation and violence.

As it has developed over recent months, the crisis in Ukraine has presented the most significant and dangerous political crisis in Europe for several decades. We must take a strong view on what has happened in Ukraine because of our respect for the rule of international law and the values and the culture that underpin this. We must recognise the scale and gravity of the events that have unfolded in Ukraine and Crimea. We have strongly condemned Russian actions from the outset of this crisis. The Tánaiste called in the Russian ambassador on 3 March to express his deep concern and asked him to convey this to his authorities in Moscow. The Russian ambassador has been advised repeatedly by senior officials in the Department of Foreign Affairs and Trade of our continued concern. He has been told that Ireland does not recognise the outcome of the illegal referendum in Crimea. We are not alone in our actions. The European Council has expressed the firm view that there is no place for the use of force and coercion to change borders in Europe in the 21st century. On 6 March last, in response to Russian actions, the Heads of State and Government set out a three-stage roadmap to target measures against the Russian Federation in the absence of steps to de-escalate the situation. They also endorsed an earlier decision to suspend talks with Russia on visa matters and on a new agreement, both of which are priorities of the Russian Government.

Following the referendum in Crimea, the Foreign Affairs Council implemented a second phase of measures, including the imposition of travel restrictions. On 20 and 21 March, the European Council added a further 12 names to this list. The council clarified any further steps by the Russian Federation to destabilise the situation in Ukraine would have far-reaching consequences for the federation's relations with the EU and its member states in a broad range of economic areas. In preparation for such a contingency, the Commission and member states were tasked to prepare possible targeted measures. This work is ongoing in Brussels. It is right that we prepare these decisions carefully. We continue to hope that further steps will not prove necessary and that a diplomatic and peaceful solution to the current crisis can be found, but there is a need to be prepared. I emphasise to Deputies that at each stage, the EU has taken a very careful and meditated approach to the actions that could be taken. It has been clearly acknowledged that the three-stage framework, which I have already mentioned, sets out clearly what the EU will do and will consider doing in response to each set of actions.

Ireland, together with its EU partners, strongly supports the new interim Government in Ukraine. The EU Heads of State and Government and the acting Ukrainian Prime Minister signed the political provisions of the association agreement in Brussels on 21 March last. This was an important symbol of our support. It was also a clear signal that the EU is ready to offer significant assistance to Ukraine on its path to closer co-operation. It is estimated that the total international support to be provided by the EU and the IMF will amount to approximately $27 billion over the next two years. While the new Government in Ukraine faces extraordinary challenges, it has shown admirable restraint. The EU has encouraged it to ensure the presidential elections to be held on 25 May will be free and fair. We welcome the Ukrainian Government’s commitment to ensure full protection of the rights of people belonging to national minorities, undertake constitutional reform, investigate all human rights violations and acts of violence and fight extremism. I emphasise that those issues are given some prominence in the text of the motion before the House.

We have also been active at the UN in New York. Following a Russian veto of a Security Council resolution on 15 March, Ireland co-sponsored a General Assembly resolution which underscored that the referendum had no validity and could not form the basis for any alteration of the status of Crimea or the city of Sevastopol. A UN human rights monitoring mission has been deployed to Ukraine. Similarly, Ireland has been strongly supportive of the many efforts by the Council of Europe and the OSCE to establish a presence on the ground that can assist in providing an accurate and independent assessment of developments in Ukraine. On 21 March, the OSCE permanent council adopted a decision to deploy an OSCE special monitoring mission to Ukraine. This decision sanctions an initial deployment of 100 civilian monitors and provides for an increase in this number to 400. A number of Irish experts with experience of OSCE field operations have volunteered for the mission.

I will conclude by addressing some of the questions and issues that have been raised by Deputies during previous debates on this issue. It has been suggested that the situation in Crimea is in some way comparable to events in Kosovo. There can be no such comparison.

In view of the conflict of the 1990s and the extended period of international administration under UN Security Council Resolution 1244, Kosovo constituted a sui generiscase which did not call into question the principles of the UN Charter and the Helsinki Final Act. This point was specifically stated by the European Council in 2008.

Furthermore, the declaration on friendly relations confirms that no territorial acquisition resulting from the threat or use of force by one state against another shall be recognised as legal. Amid the complexity in the debate, that is a core point I commend to the House. The acquisition by one country of another country's territory cannot be recognised as legal if it takes place through the use of force.

Throughout this crisis, the European Union has been united and strong in its response while ensuring, above all else, that co-operation with the Ukrainian Government has been maintained in respect of its decisions and in full compliance with international law. While it is not unusual to have different perceptions among member states on global issues, all member states have been and are united in their view that what has happened in Ukraine is completely unacceptable and that it will have consequences for Russia.

I wish to end where I began with the issue of why this should be of concern to the people that we are all privileged to represent. Why should Ireland be concerned about developments many thousands of miles away from here with all the other challenges and needs that our people have? Why is the motion worthy of support by this House? We stand here as representatives of a country with a very clear history in areas such as this and obviously a clear history of our own. We have a track record of absolute insistence that the rule of law is the fundamental bedrock and guarantor of stability in the international system. As a country which has always defended the values on which the very foundation of peace and stability in Europe is based, we must reject the validity of the referendum in Crimea, condemn its illegal annexation and pledge our support for Ukraine.

I commend the motion to the House and I urge Deputies to do the same.

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