Arakhamiya on the provisions and mechanisms of the Treaty on Security Guarantees of Ukraine

Olena Roshchina - Thursday 31 March, 2022, 01:27

The signing of the Security Treaty must be preceded by a complete ceasefire and the withdrawal of Russian troops. Then Ukrainian people should vote on Ukraine's neutral status in a referendum and abandon the intention to join NATO in exchange for peace with Russia.

Source: Davyd Arakhamiya, Member of Parliament and Head of Ukrainian delegation on joint TV broadcast

Details: Arakhamiya gave assurances that the Ukrainian side is building "many safeguards" and adding them to the draft "Security Guarantee Agreement for Ukraine".

He admitted that initially the Russian delegation had proposed a bilateral agreement, but the Ukrainian delegation rejected this proposal since Russia is at war with Ukraine.

Arakhamiya claimed that the Russian delegation confirmed that Russia is bound by the provisions of the Vienna Convention, according to which agreements procured under coercion are null and void.

Given the provisions of the Vienna Convention, no respectable country will sign an agreement while Russian troops are in Ukraine, he explained.

According to Arakhamiya, Article 10 of the agreement between Ukraine and Russia will actually be a road map for its implementation. However, he said that it is premature to talk about it now, because there are unresolved issues, in particular regarding the ORDLO (temporarily occupied territories of Donetsk and Luhansk regions) and Crimea.

The MP also stressed that the agreement can be signed "only as a whole package."

Arakhamiya listed the following steps for the implementation of possible agreements:

• A full ceasefire.
• A major summit of the partners.
• Withdrawal of troops - at least to their positions as of 23 February.
• Initialling of the agreement.
• Temporary application of the agreement so that the guarantor countries can ratify it.
• A referendum in Ukraine.
• Amendment of the Constitution of Ukraine to secure transition to neutral status.

According to Arakhamiya, Ukraine will need at least six months to hold a referendum, and at least a year to change the Constitution with an appeal to the Constitutional Court (300 votes are required at two sessions of the Verkhovna Rada (Ukrainian Parliament)).

The wording of the question for the referendum is still debatable, especially since Russia has not yet responded to Ukraine's proposals.

When asked about how the security mechanism for Ukraine would work if hostilities cease and then resume again, Arakhamiya replied: "We have written a comprehensive article in the event of aggression, special operations, provocations, etc. […] We have defined 72 hours for consultations (with guarantor countries)."

According to Arakhamiya, several countries expressed an opinion that Ukrainians have come up with a "free NATO" for Ukraine, and have chosen powerful countries to ask for guarantees.

Quote: "It is not certain that everyone will agree. We have already started consultations. I cannot give you details, but one country - a good country - has already said with certainty - ‘we are with you [...].’ Several powerful countries - and Ukrainians will be happy to see them - are saying 'we are provisionally ready, but let's get more details'. They are a little bit upset by such an uncompromising 72 hour activation mechanism... That is why we are insisting that everybody is afraid to attack Ukraine."

Details: Arakhamiya also gave assurances that the Ukrainian delegation is consulting with military experts and diplomats every step of the way.

Regarding Russia's permission to conduct military exercises, Arakhamiya said that in neutral countries there are usually no exercises at all, but in the current circumstances it is possible to resort to an approval procedure with the guarantors.

He also said that the delegations have been discussing who would pay for the reconstruction of Ukraine.

Quote: "Our countries are at war now. Sooner or later we will reach a peace agreement. It will be a very painful question, it will be a question of how they will recompense for everything they have destroyed, who will pay for it, at what time, in what tranches and so on. There are many questions - economic in nature as well… Who will pay for everything?

We have two options: either lawsuits in international courts, or lawsuits and then a peace agreement along with compensation. Especially since there is a de facto collateral - another question is how to turn it into real collateral, as these are just the assets of the Russian Federation that have been seized by various countries. Our diplomats are also working on this."