European Parliament resolution of 6 February 2014 on the situation in Ukraine (2014/2547(RSP))
The European Parliament,
– having regard to its resolution of 12 December 2013 on the outcome of the Vilnius Summit and the future of the Eastern Partnership, in particular as regards Ukraine(1),
– having regard to its resolution of 23 October 2013 on the ‘European Neighbourhood Policy: towards a strengthening of the partnership – position of the European Parliament on the 2012 reports’(2),
– having regard to its resolution of 12 September 2013 on the pressure exerted by Russia on Eastern Partnership countries (in the context of the upcoming Eastern Partnership Summit in Vilnius)(3),
– having regard to the Joint Declaration of the Vilnius Eastern Partnership Summit of 29 November 2013,
– having regard to the Council conclusions on Ukraine of 20 January 2014,
– having regard to the resignation of Prime Minister Azarov and his government on 28 January 2014,
– having regard to the Joint Statement of the Prime Ministers of the Visegrad Group countries on Ukraine of 29 January 2014,
– having regard to the Partnership and Cooperation Agreement (PCA) between the European Union and Ukraine, which entered into force on 1 March 1998, and to the new Association Agreement initialled on 30 March 2012,
– having regard to the EU-Russia Summit of 28 January 2014,
– having regard to Rule 110(2) and (4) of its Rules of Procedure,
A. whereas the demonstrations that started more than two months ago as a consequence of President Yanukovych’s decision not to sign the Association Agreement with the EU continue to the present day in the capital and the discontent is spreading to other cities, including in eastern regions of Ukraine; whereas the popular uprising in Ukraine has reached a majority of the regions, with the administrations of those regions being under the control of the people;
B. whereas over the past weeks the situation has further deteriorated at an increasing pace, with people taking to the streets to defend democracy and civil liberties after brutal crackdowns by Berkut riot police on demonstrators, human rights activists and journalists;
C. whereas despite international pressure, the Ukrainian authorities continue to pursue a policy of intimidation, repression, torture and violence against protesters, which has resulted in more than 2 000 people being injured, many people being abducted and at least six people killed;
D. whereas the adoption on 16 January 2014 of a series of anti-protest laws by the government majority severely limiting the freedoms of expression and assembly provoked international outrage and sparked violent clashes in Kyiv resulting in the loss of human lives;
E. whereas any forcible crackdown or declaration of a state of emergency will be considered as a criminal act and a violation of fundamental rights with profound international consequences;
F. whereas the visit to Kyiv from 28 to 30 January 2014 of the ad hoc European Parliament delegation met with the authorities and with Euromaidan, the political opposition and church leaders and obtained a thorough and in-depth analysis of the situation in Ukraine;
1. Welcomes the democratic spirit and resilience of the Ukrainian people after two months of courageous protests which have met with a brutal response from the authorities, and expresses its full solidarity and support for the people’s efforts for a free, democratic, independent Ukraine and its European perspective;
2. Expresses deep concern about the serious political crisis in Ukraine and the violent confrontations in Kyiv and other Ukrainian cities; calls strongly for a political solution to the crisis and insists on a truly democratic debate on the ways and means of overcoming the confrontation and divisions in the country;
3. Strongly condemns the escalation of violence against peaceful citizens, journalists, students, civil society activists, opposition politicians and clergy, and expresses its sincere condolences to the families of the victims of the violence in Ukraine; calls on the Ukrainian authorities to fully respect people’s civil rights and fundamental freedoms and to take immediate steps to end the state of impunity by investigating and punishing the authors of violence against peaceful demonstrators;
4. Calls also on the Maidan protesters to refrain from the use of force and to maintain the legitimacy of their cause in a peaceful way, and asks all opposition leaders to continue to refrain from unprovoked violence and to keep the protest peaceful;
5. Is concerned by the excessive use of violence by the security forces and the Titushki and by the violent actions of ultranationalists;
6. Demands in particular that President Yanukovych cease the shameful deployment of Berkut riot police and other security forces in provoking, kidnapping, harassing, torturing, beating and humiliating supporters of the EuroMaidans, as well as arbitrary arrests and over-extended pre-trial detentions; is particularly concerned about reports of torture and stresses Ukraine’s international commitments in this respect; points out the most recent case of Dmytro Bulatov, the leader of ‘AutoMaidan’, who was kidnapped and tortured;
7. Calls on President Yanukovych to order a stop to these practices and demands the immediate and unconditional release and political rehabilitation of all the demonstrators and political prisoners illegally detained, including Yulya Tymoshenko; calls for the setting-up of an independent investigative committee under the auspices of a recognised international body, such as the Council of Europe, in order to investigate all the human rights violations that have taken place since the demonstrations began;
8. Recalls the EU’s readiness to sign an AA/DCFTA with Ukraine as soon as the political crisis is overcome and the relevant requirements are met as defined by the Foreign Affairs Council of 10 December 2012 and supported by Parliament’s resolution of 13 December 2012;
9. Welcomes the Verkhovna Rada’s decision to repeal the anti-protest laws, and its signature by President Yanukovych, as a positive step towards the political resolution of the crisis; regrets, however, that the amnesty law turning victims into hostages was approved on 29 January 2014 without the consent of the opposition; takes the view that an unconditional release of protesters would greatly facilitate the talks and appease society;
10. Urges the President and the government to engage seriously in an inclusive dialogue with the opposition, civil society and the Maidan protesters in order to de-escalate the tense and polarised situation and to find ways of overcoming the current political and societal crisis in Ukraine through peaceful means;
11. Reminds President Yanukovych of his responsibility before the Ukrainian people and the international community to refrain from using repressive methods, to remedy the current political crisis and to respect the right to peaceful protest;
12. Calls for the continued engagement of the EU to mediate and facilitate a process leading to a de-escalation, a more constructive political dialogue in the country and a solution to the crisis, and bridging the gap of a total lack of trust; underlines the fact that such a dialogue should be transparent and fully involve EuroMaidan and civil society;
13. Takes the view, following numerous requests by ordinary Ukrainian citizens, activists and politicians, that the active involvement of Members of the European Parliament in Kyiv could prevent a further escalation of the crisis and calls, in this regard, for the establishment of a permanent European Parliament mission in Ukraine, with a view to defusing tension and facilitating dialogue between the parties; instructs the Conference of Presidents to set up this mission as soon as possible;
14. Calls for the EU institutions and the Member States to take immediate action, including increased diplomatic pressure and the preparation of personalised targeted measures (travel sanctions and asset and property freezes) with regard to all those Ukrainian officials and legislators and their business sponsors (oligarchs) who are responsible for the crackdowns on and deaths of protestors, and to step up efforts to stop money laundering and tax evasion by Ukrainian companies and businesspeople in European banks;
15. Calls for the EU, the US, the IMF, the World Bank, the EBRD and the EIB to continue to prepare a long-term package of concrete financial support to help Ukraine tackle its worsening financial and social situation and provide economic support to launch the necessary deep and comprehensive reforms of the Ukrainian economy by the government;
16. Welcomes and supports the ongoing work of the European Union and the United States to create a substantial support package for Ukraine which should be offered to a credible new interim government in order to alleviate the present tight situation in respect of payments;
17. Is of the opinion that one of the important measures for resolving the crisis in Ukraine is a return to the 2004 constitution, which was illegally abolished in 2010 by the Constitutional Court, bypassing the Ukrainian Parliament, together with the establishment of an interim government and early elections;
18. Calls for the EU institutions and the Member States to commit to a broad opening to Ukrainian society, in particular through a swift agreement on a cost-free visa regime and ultimately a visa-free regime; is of the opinion that the visa fee should immediately be drastically reduced for young Ukrainians, along with strengthened research cooperation, expanded youth exchanges and increased availability of scholarships;
19. Considers that further efforts should be made to include Ukraine in the EU’s energy market via the Energy Community; underlines the fact that it is for the Ukrainian people – and only for them – to decide, free from foreign interference, on the geopolitical orientation of the country and on which international agreements and communities Ukraine should join;
20. Calls on Russia to adopt a constructive attitude and to stop retaliatory measures and undue pressure aimed at undermining the sovereign right of its neighbours freely to determine their future; urges the EU and its Member States to speak to Russia with one voice in support of the European aspirations of the Eastern Partnership (EaP) countries that freely choose to deepen their relations with the EU; emphasises that applying political, economic and other coercion is in breach of the Helsinki Final Act and the 1994 Budapest Memorandum concerning Ukraine’s security; points out that both the EU and Russia bear responsibility for making an active contribution towards peace and prosperity in the common neighbourhood that benefits both the EU and Russia; reiterates its belief that cooperation to achieve this goal is the only way forward;
21. Supports the further involvement of civil society in national reform processes; encourages enhanced interparliamentary cooperation with the Euronest Parliamentary Assembly; welcomes the involvement of the Conference of Local and Regional Authorities of the Eastern Partnership;
22. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign and Security Policy, the Member States, the President of Ukraine, the Ukrainian Government, the Verkhovna Rada, the Euronest Parliamentary Assembly, and the Parliamentary Assemblies of the Council of Europe and the Organisation for Security and Cooperation in Europe.