His Excellency
Mr Hennady UDOVENKO
Minister for Foreign Affairs of Ukraine
Mykhaylivska Sor. 1
252018 KYIV
Republic of Ukraine
The Hague 19 March 1996
Reference: No 533/96/L
Dear Mr Minister,
On 14-17 March I convened a Round Table in Noordwijk in the Netherlands in which members of the Government of Ukraine, members of the Parliament of Ukraine, the representative of the President in the Autonomous Republic of Crimea and leading members of the Government and the Parliament of the Autonomous Republic of Crimea took part.
An extensive discussion took place on the Constitution of the Autonomous Republic of Crimea as adopted on 1 November 1995. From these exchanges of views I gathered the impression that on a number of articles of this Constitution differences remain between the Parliament of Ukraine and the Parliament of the Autonomous Republic of Crimea. But it was also obvious that differences have narrowed considerably, and that, in fact, on quite a number of articles of the text of the Constitution of the Autonomous Republic of Crimea consensus has been reached. A considerable number of participants felt that this would enable the Ukrainian Parliament to approve the coming into force of those articles of the Constitution of the Autonomous Republic of Crimea on which consensus has been reached.
In my view it would be highly desirable to implement this formula. Such a step would register the considerable progress which has been made in the solution of the constitutional differences and would provide an important stimulus for renewed efforts to solve the remaining differences in the near future. In this respect I also noted during the discussions that all sides recognised the need to bring these differences to an early end.
In the light of the foregoing I should like to recommend the following steps:
1) It would be desirable to adopt as quickly as possible a law of Ukraine on the approval of the Constitution of the Autonomous Republic of Crimea, which would approve the coming into force of the Constitution of the Autonomous Republic of Crimea with the exception of those articles which are still in dispute;
2) In order to avoid confusion about the status of Crimea, it would in my view be necessary to use the term "the Autonomous Republic of Crimea" and not the term "Republic of Crimea" in the text of the Crimean Constitution. Similarly, the term "citizens of Crimea" ought to be replaced by "citizens of Ukraine residing in Crimea". Furthermore, the term "the people of Crimea" used in the Constitution of the Autonomous Republic of Crimea does not take into account the fact that in Crimea people of various nationalities live together. I therefore suggest to use the term "the population of Crimea" in this Constitution. These editorial changes could be part of the law on the approval of the Constitution of the Autonomous Republic of Crimea;
3) It would seem to me that the law of Ukraine on the approval of the Constitution of the Autonomous Republic of Crimea would have to clarify the relationship between the law of Ukraine on the Autonomous Republic of Crimea and the Constitution of the Autonomous Republic of Crimea. This could be done by stipulating in the law on the approval on the Constitution of the Autonomous Republic of Crimea that the law of Ukraine on the Autonomous Republic of Crimea remains operative in those parts which do not contradict the articles of the Constitution of the Autonomous Republic of Crimea which have been approved;
4) In my view it would be of great importance if a special effort would be made to speed up the solution of the remaining constitutional differences. In this respect I would express the hope that the Parliament of the Autonomous Republic of Crimea would give renewed consideration to the articles still in dispute within a month, and that the Parliament of Ukraine would consider the new proposals of the Parliament of the Autonomous Repubic of Crimea as soon as possible thereafter.
I express the hope, Mr Minister, that these recommendations can be of some help in solving the questions which the OSCE Round Table of Noordwijk has been discussing. I take the liberty of asking you whether you would be willing to send these recommendations to the Government of the Autonomous Republic of Crimea, the Ukrainian Parliament and the Parliament of the Autonomous Republic of Crimea for their information. I hope before the end of this month to add to the recommendations made in this letter a number of suggestions regarding the solution of some of the remaining constitutional differences, which I am presently formulating after having consulted the experts whom I invited to take part as observers in the Noordwijk Round Table.
Yours sincerely,
Max van der Stoel
OSCE High Commissioner
on National Minorities
