OSCE Reference no. HC/4/95

His Excellency

Mister Max van der Stoel

High Commissioner of the OSCE

on national Minorities

the Hague, the Netherlands

Kyiv, 30 June 1995

Dear Mr. High Commissioner,

First of all let me express my satisfaction with the results of your visit to Ukraine on this 18-20 June. We highly appreciate your activity aimed at helping us to settle the situation around the Autonomous Republic of Crimea (ARC) on the basis of OSCE principles, in particular those concerning sovereignty, territorial integrity and inviolability of borders of states, within the framework of the Constitution of Ukraine. We hope that the results of your visit will enable you to once again inform the international community about the balanced constructive policy conducted in repect of this issue by central bodies of state power in Ukraine.

In the course of your last visit, we repeatedly addressed the subject of the proposals and recommendations developed in Locarno during "The Ukrainian Round Table" on whicch results you kindly informed me in your letter of May 15, 1995. immediately on the receipt of your letter its translation was sent to the Chairman of the Supreme Rada of Ukraine, the Prime-minister of Ukraine, the Chairman of the Supreme Rada of the ARC and the Prime-minister of the ARC.

It should be noted that the proposals and recommendations of the OSCE which we are now thoroughly studying, are no doubt of interest to Ukraine. First of all I would like to touch upon some of the above-mentioned recommendations of the OSCE.

We completely share your opinion as to the necessity to avoid any actions which can result in the escalation of tension in relations between Kyiv and Simferopol. We consider that at the present stage it is possible to speak of the availability of certain promising tendencies in the development of the situation in the ARC. We consider the abolition by the Supreme Rada of the ARC of some of its anti-constitutional decisions, in particular in respect of the known referendum, as an evidence of a certain influence of recommendations developed in Locarno.

As to the constitutional differences which hav emerged in connection with the fact that the decision of the Supreme Rada of the ARC exceeds the limits of the constitutional - legal fields of Ukraine, there is no doubt that any decision should be based on the respect for sovereignty, territorial integrity of Ukraine and proceed from the main principles of its Constitution. Useful material to determine the scope of the ARC authorities mandate may be taken from the text of the Ukrainian Law "on the delineation of powers between the bodies of state power in Ukraine and the Autonomous Republic of the Crimea" which at its time failed to come into force.

Concerning the so-called problem of dual (Ukraine and the Russian federation) citizenship in the ARC which from time to time is raised by certain political circles of the Crimea and some states adjoining to Ukraine, we quite agree that this issue should be solved by means of the establishment of legal basis to to settle specific problems of social and economical nature which exist both on the Crimean peninsula and in ukraine as a whole (pensions, obtaining education abroad and so on).

With great interest we have also familiarized ourselves with your recommendations concerning such isssues as regulation of ownership right to natural resources in the territory of the ARC, the acquisition of the citizenship of Ukraine by the Crimean Tatars and securing their proper representation in the local bodies of power, establishment of a special conciliatory body which would include representatives of the Supreme Rada of Ukraine and the Supreme Rada of the ARC for the period pending the creation of the Constitutional Court of Ukraine.

I am convinced that your recommendations will contribute to the achievement of our common goal of the strengthening of stability and security in the region of the OSCE, the necessary prerequisite of which is the existence of the united, sovereign and democratic Ukraine.

Recent developments around the ARC show that at the present stage there are certain prerequisites for the work of the interim deputy groups of the Supreme Rada of Ukraine and the Supreme Rada of the ARC to turn in to the constructive channel. Changes in the position of the Supreme Rada of the ARC show that the leaders of the Autonomous Republic begin to realize that their previous political course and attempts to put in question the unity of our state and its territorial integrity have no future. In our opinion, joint and consistent efforts by Ukraine and the OSCE (inter alia - "The Ukrainian Round Table" and the recommendations developed as a result of the discussion) will help convince Crimean politicians in the objective need to look for the compromise settlements within ther framework of the legislation in force in Ukraine and on the basis of OSCE principles.

In conclusion, I would like once again to thank you for yout personal contribution in the matter of settlement of the situation around the ARC as well as to assure you that Ukraine will continue its balanced policy directed to the securing of legitimate rights and interests of all its citizens, prevention of aggravation of the situation.

Please, accept, Mister High Commissioner, assurances in my highest consideration.

Minister of Foreign

Affairs of Ukraine

H.Udovenko