(CNN) — In the midst of the crisis between Ukraine and Russia, and after President Vladimir Putin’s decision to recognize Donetsk and Luhansk as independent territories, the conversation has focused on the Minsk agreements.
The deal, the second of its kind (and the one that matters), was forged in the Belarusian capital in a bid to end what was then a bloody 10-month conflict in eastern Ukraine.
But Minsk II has never been fully implemented: its key problems remain unresolved.
Which countries were key in the Minsk agreements?
An unusual meeting between the leaders of Russia, Ukraine, Germany and France in February 2015 sought to bring peace to areas of Ukraine seized by pro-Russian separatists the year before. Those areas, in ukrainian region of donbas, became known as the Luhansk People’s Republic (LPR) and the Donetsk People’s Republic (DPR). The Ukrainian government in Kyiv claimed that the two regions were occupied by Russia.
The talks also aimed to work towards a political settlement for the region.
The result, Minsk II, was signed by representatives of Russia, Ukraine, separatist leaders and the Organization for Security and Cooperation in Europe (OSCE). It was subsequently endorsed by a UN Security Council resolution.
What were the terms of the agreement?
A ceasefire. As of February 2015, there was still heavy fighting in some areas between Ukrainian forces and Russian-backed rebels. The Ukrainians suffered heavy losses.
Also, the withdrawal of heavy weapons from the front line.
Also, let the OSCE, a 57-member security organization that also includes the US and Canada, control the front lines.
As well as a dialogue on the local elections in the areas occupied by the pro-Russian rebels.
The restoration of full economic and social ties between the two parties, so that, for example, pensions can be paid.
That the control of the Government of Ukraine be restored over the border with Russia.
The withdrawal of all foreign forces and mercenaries.
Constitutional reform that would grant some autonomy to the regions of the eastern area of Donbas in Ukraine that are no longer under the control of the central government.
What happened after the signing of the Minsk II agreements?
The worst of the fighting ceased and the OSCE monitors moved in. To this day, the OSCE patrols the front lines and reports ceasefire violations along the border. However, there is much less fighting and fewer casualties than in 2014-2015. From that perspective, the agreement was fulfilled, at least in part.
A burned military vehicle in front of a destroyed building in Uglegorsk, Ukraine, in February 2015.
Still, there are 1.5 million internally displaced people in Ukraine and nearly 14,000 people have been killed in the conflict.
But there is a trick
The Minsk agreements were very hastily conceived. Russia was a signatory but its role in the conflict was not recognized. In fact, the word “Russia” does not appear anywhere in the text. Since then, that allows the Kremlin to say that it is simply an observer and that an agreement must be reached between the Ukrainian government and the rebels in the east of the country. Despite the evidence that Russia supports the separatists. Meanwhile, Kyiv refuses to speak directly with the rebels.
Furthermore, the language of the agreement is imprecise: Russia and Ukraine interpret its political roadmap to mean very different things.
Ukraine first wants to regain control of its international border before local elections are held in rebel-held areas. He also wants the Russian forces (point 7 of the agreement) to leave. Russia, of course, says it has no forces in the rebel-held areas.
Moscow wants elections while the region is still under separatist control, and before Ukrainian authorities regain control of the border.
The efforts of Western diplomats to find solutions to these differences have not been successful.
What other problems are there?
The status of the rebel-controlled areas of Donbas has never been defined (point 8 of the conditions).
Kyiv believes that the region should have the same kind of autonomy as other regions of Ukraine, within a federal structure.
Moscow points to language in the Minsk agreements that refers to the “special situation of certain areas of the Donetsk and Luhansk regions.” In that sense, he interprets that the agreement allows these regions to have their own police forces and judicial system, among other advantages.
But any Ukrainian government that agrees to grant special status to Donbas may not survive a backlash from the public. In 2015, then-Ukrainian President Petro Poroshenko introduced constitutional amendments on decentralization that were strongly opposed by Ukrainian nationalist groups. Riots in Kyiv left three police officers dead.
Why does Vladimir Putin consider the Minsk agreements so important?
If interpreted in favor of Moscow, the Minsk agreements are potentially a way for Russia to retain its influence in Ukraine for and through pro-Russian groups in Donbas.
This would give Russia the ability to control the territory, without annexing it, as they did with Crimea in 2014, and a voice in Ukraine’s national affairs.
To further complicate matters, Russia has issued passports to hundreds of thousands of Donbas residents.
That could also give Russia a role in Ukraine’s parliament through its proxies, and a chance to derail any far-flung efforts by Ukraine to join NATO or the European Union. Precisely, a key demand that Russia says must be met to defuse current tensions. Depending on how the elections are organized, it is possible that people with Russian citizenship and amnestied for killing Ukrainians could end up in Ukraine’s parliament.
That would further destabilize Ukraine.
Ukrainian servicemen from the Donbas volunteer battalion take part in mopping-up operations in the Lysychansk district of the Lugansk region in January 2015.
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