OSCE REF. HC/10/95

14 November 1995

Sir,

Let me express you sincere gratitude for the active participation in "the round table" in Yalta on 20-22 September this year which resulted in attracting attention of the international community to the complex of problems related to the return and settlement of the deportees as well as the determination of further steps in this direction. We highly appreciate your personal efforts aimed at the mobilization of possible sources of international financial support in the solution of this issue.

With satisfaction I have received the information that your latest visit to Ukraine gave you the possibility to once again inform the OSCE Permanent Council of the consistent policy of the central authorities of Ukraine as regards the above-mentioned issue. Immediately after the reception of your letter which contained summaries of "the round table" in Yalta as well as commentaries and recommendations concerning the new draft Constitution of the Autonomous Republic of the Crimea, its translation was sent to the President of Ukraine, the Chairman of the Supreme Rada of Ukraine, the Prime Minister of Ukraine as well as to the Chairman of the Supreme Council and the Prime Minister of the Autonomous Republic of the crimes.

The assessments and recommendation stated in your letter are being studies by the relevant institutions of Ukraine, including your proposals as to the expedience of establishing a special body which would be engaged in problems of settlement of the deportees, improvement of the process of acquisition of the citizenship of Ukraine by them, provision of the representation of the deported citizens in the Supreme Council of the Autonomous Republic of the Crimea and co-operation with the Mejlis of the crimean Tatar people.

At the same time, it should be noted that, in our conviction, the solution of these issues should be based namely on the criterion of belonging of relevant persons to the category of deportees rather than to one or another ethnic group. The latter, in our opinion, may create an undesirable precedent in the aspect of development of the constitutional system of Ukraine.

In this context I would like to once again emphasize that we have inherited the problem of deportees from the former USSR. Therefore the top priority step in its solution should be speeding-up the ratification of the Agreement on Issues Related to Renewal of Rights of Deported persons, National Minorities and Peoples, signed in Rishkek in 1992 by the states, in the territory of which they reside. This will contribute to the creation of appropriate conditions for working out a relevant legislative basis. Determination of a legal status of deportees, regulation of the process of their return and settlement, coordination of financial and organizational efforts of different states.

As to the text of the new draft Constitution of the Autonomous Republic of the Crimea, we consider as especially important your argumented conclusion concerning inadvisability to include the provisions in respect of the so-called "Crimean citizenship"...... The idea of special citizenship for residents of one or another region of the state does not only correspond to the Constitution of Ukraine and international practice but is also deprived of concrete contents.

We also studied with interest your recommendations concerning delimitation of competence between the central bodies of the state power in Ukraine and authorities of the ARC, and issues of property division in the crimea, as well as the proposal to establish a trilateral commission composed of representatives of the authorities of Ukraine, ARC and Sebastopol, the task of which would be the development of proposals as to solution of practical issues on interaction between Sebastopol and ARK in different fields.

In conclusion I would like once again to thank you for your personal contribution to the matter of the settling of the situation around the ARK, as well as to assure you that Ukraine will continue to conduct the policy aimed at securing lawful rights and interests of all its citizens, and inadmissibility of aggravation of the situation.

H. Udovenko