Mr. Max van der Stoel

the CSCE High Commissioner on

National Minorities

The Hague

7 June 1994

OSCE Ref. Com no. 23

Sir,

Let me express my sincere gratitude for your letter of this 15 May.

The Government of Ukraine highly appreciates your efforts aimed at assisting in the settlement of the problems that have arisen in the Crimea and Eastern regions of Ukraine. However since your last visit to Ukraine the situation around the Crimea has sharply aggravated.

On May 20, 1994, the Verkhovna Rada (Parliament) of the Republic of Crimea adopted the Law 'On Renewal of the Constitutional Basis of the Statehood of the Republic of Crimea' which resumpted the sections of the Constitution of the Republic of Crimea of May 6, 1992, aimed at changing the legal status of the autonomous Republic of Crimea as an integral part of Ukraine. By this act, the legislative body of the autonomous Republic of Crimea which is an inalienable part of Ukraine has violated the Constitution of the Ukraine, its legislation in force, including the Law of Ukraine 'On the Delimination of Powers between the State Power Authorities of Ukraine and the Republic of Crimea' of April 29, 1992.

This illegal decision provoked by the irresponsible policy of the present leadership of the Crimea and aimed at undermining the constitutional order of Ukraine and its territorial integrity, cannot be qualified other than an obvious attempt by separatist forces to put the internal political stability in Ukraine at risk and provoke tension in the relations between Ukraine and Russia. Actions of the Verhovna Rada of the Republic of Crimea contradict basic principles of the Helsinki Final Act, violate the right of states to their territorial integrity and inviolability of borders, set forth therein. Such actions pose a threat to peace and stability in the region and in the whole Europe, which may have far-reaching negative consequences.

I hope, Mr. High Commissioner, for your personal understanding and support of the legitimate actions of the Ukrainian Government in averting eventual negative consequences of the anticonstitutional decision adopted by the Verkhovna Rada of the Crimea. Ukraine reserves the right in the event of further escalation of the situation as a result of the irresponsible steps by the extremist forces in the Crimea, to take all necessary measures to ultimately ensure the state's territorial integrity as provided for by its Constitution and laws in force, in accordance with rules of international law.

In respect of the proposals and recommendations expressed in your letter I would like to note that they have been examined carefully by the Government of Ukraine and are in general acceptable.

As to the issue of granting wide powers to the Government of Crimea in the economic sphere to stabilize the economic situation in the region it should be noted that a number of bills, resolutions of the Verkhovna Rada and the cabinet of Ministers, decrees of the President of Ukraine aimed at expanding the powers of the government of the Crimea in the economic sphere have been adopted, prepared and are now being finalized. The aforementioned measures are sufficient to implement economic reforms in the region and they are going to be expanded in the future, In particular, the issue is being considered on setting up a state commission of experts from the ministries and departments concerned to elaborate the mechanisms of the realization of powers of the open economy regime in the territory of the Republic of the Crimea.

At the same time, ambitious aspirations of certain Crimean politicians contradict the good will of Ukraine in promoting the comprehensive social, economic and cultural development of the Crimea. Our balanced and reasonable position is being used by leadership of the Crimea for further intensification of its separatist activity, gradual separation of the Crimea from Ukraine under the pretext of ensuring its 'economic sovereignty'. In this context we support your proposal as to the invitation to Ukraine of a group of csce experts to provide the Government of Ukraine with expert assistance on constitutional and economic matters, and to elaborate specific recommendations with regard to the solutions of the existing problems.

We hope that the csce will ensure full objectivity and impartiality of such experts. Mandate of this group of experts shall be based on csce and un rules and principles, primarily those relating to the preservation of sovereignty, territorial integrity and inviolability of Ukrainian borders.

At the same time, taking into account ongoing complex and dangerous processes in and around the Crimea, we would be thankful for your consideration as to the possibilities to provide a long term presence of the csce in Ukraine in the form acceptable to the csce (mission, agency, bureau, etc.).

We are also concerned about language issues in Eastern areas. Ukrainian Constitution, its legislative machinery and governmental national policy, in order to establish harmonious inter-ethnic peace, provide for the protection of rights not only of national minorities, but also of Ukrainian ethnos weakened during the centuries of forcible rusification.

Yet we deal with the bilingual problems bearing this fact in mind. Ukrainian legislation does not establish limitations on the use of other languages equally with the state Ukrainian language. Article 8 of the Law of Ukraine 'On National Minorities in Ukraine' stipulates that in the work of state organs and organizations situated in places where a certain national minority constitutes the majority of the population, is language can be used alongside with the state Ukrainian language.

In addition, Ukrainian Law 'On the languages in Ukraine' provides the possibility to use Ukrainian alongside with other languages acceptable for the whole population not only in places where a certain national minority constitutes the majority of the population, but also in such administrative-territorial units, human settlements, where no nationality what to ever constitutes the majority of the population of a given area (Article 3). Article 4 of the Law stipulates also that languages of inter-ethnic communication in Ukraine are Ukrainian, Russian and other languages.

All this testifies to the fact that the Ukrainian legislation has settled the problem of use, alongside with the state Ukrainian language, of other languages spoken not only by the major part of the national minorities residing in the cities or other administrative-territorial units. Taking into consideration, the abovementioned in particular provision of the Ukrainian Law 'On Languages in Ukraine', we do not deem it necessary to revise Article 8 of the Ukrainian law 'On National Minorities in Ukraine'.

At the same time we are ready to put into practice your idea about motivation activity among Russian-speaking population. To this end, we consider it necessary to widely explain provision of the Part ii of the Article 8 of the Law of Ukraine 'On Languages in Ukraine', which provides for, in particular, that not-knowing of the Ukrainian language should not be a ground for rejection the employment of a citizen.

We would be fully interested in the realization of your proposal to render to Ukraine financial support in order to create conditions for the organized voluntary return to Ukraine of Crimea Tatar people. However it should be noted that similar assistance is also necessary to deportees of other nationalities. We should be very grateful if you could inform us about your vision of the practical mechanism for the organisation of such assistance. Perhaps this initiative might become a part of your report to the Committee of Senior Officials on the results of your visit to Ukraine before the international community.

I hope, Mr. High Commissioner, that the position stated in this letter with regard to the aggravation in the Crimea as well as considerations about the issues you have put forward will find an adequate response from your side as well from the side of the international community, including the csce. It will accelerate the process of settling problems our state faces.

Sincerely yours,

A.M. Zlenko

Minister for Foreign Affairs