COESpokesman Holtgen to ERFRA: Ukraine vPM Zubko+COESG Jagland deal Helps DeCentralisation +Dialogue

*Strasbourg/CoE/Angelo Marcopolo/-  A 1st Step towards the Crucial for Peace Decentralisation Reform in Ukraine, signed Today by CoE's Secretary General Thornbjorn  Jagland and Kiev's vice-Prime Minister Henaddi Zubko, could Help and implies Talks between the Government and the People of Donetsk/Luhansk Autonomist Regions, notoriously needed for the Peace process, replied in substance CoE's Spokesman and Director of Communication, Daniel Holtgen, to a relevant "EuroFora"s Question, just a few Days before an Appreciation of the Minsk Agreements' implementation, is to be made, by the 4 Foreign Ministers of the Normandy Format, (i.e. of France, Germany, Ukraine and Russia), while also the PanEUropean Organization's Parliamentary Assembly is due to Dicuss, next Week in Strasbourg, the latest developments on the Ukranian Issue.     

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The Signature of the Official Documents between the CoE and Ukraine took place during the session of CoE's "European Committee for Democracy and Governance", chaired by Belgian Paul-Henri Philips, from the country which currentl Chairs the PanEuropean Organisation and whose King, as well as its Foreign Minister Reynders, are both due to actively participate at COE Parliamentary Assembly's 2015 Spring Session next week in Strasbourg, discussing probably also about recent developments on the Ukraine issue : "It's an important moment in the European Political Life", Chairman Philips said.

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    - Recently there were many Denunciations against alleged Kiev's Refusals to Talk together, Consult eachother,  particularly on the content and/or the implementation of the DeCentralisation and mainly on the Special Regime for Donetshl/Luhansk Autonomist Regions, the forthcoming Local Elections (due on October 2015),  etc. But, from the point of view of COE's Secretary General, what CoE is doing on DeCentralisation in Ukraine, might,  eventualy, contribute to a kind of Dialoguebetween all sides involved, or not at all ?", "EuroFora" asked Jagland's Spokesman.  

 - "There is No Blockade. DeCentralisation is going Forward", while he agreed, nevertetheless, that on related crucial issues, such as f.ex. the Local Elections, the February 2015 Minsk Deal asks for a kind of Dialogue. "My Understanding of Today is that Ukraine is Moving Forward on DeCentralisation, they are progressing both on DeCentralisation and also on Local Government's Reform", (i.e. f.ex. ./.. ), the CoE is Helping, and there was no mention of any blockage or anything like that" during the Jagland -  Zubko meeting, earlier Today in Strasbourg, as he said.

 - "They also mentioned that the Peace Process involved Consultation with Civil Society and the Population in the Regions", he stressed.

CoE's Director of Communications, Daniel Holtgen, with OSCE's Press Director Cathie Burton, (herself an experienced former CoE Press Officer), at OSCE's latest Summit in Basel, smila to "EuroFora": OSCE - CoE PanEuropean Cooperation going smoothly on Ukraine ?

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    + Asked by "EuroFora" to make it clear "if that includes also the the Donetsk/Luhansk Regions' Autonomists", his Reply appeared Positive :

- "They want to Include in this DeCentralisation (consultation process) also all the Regions in the Donbass, correct ! With Talks, with them, but also with the Population".

    - "That was the Spirit and the Understanding" of Today's meeting, "and it's also reflected in the Document that they Signed", Holtgen concluded.

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 - COE's "Committee of Ministers has decided on an overall Action Plan for Ukraine, including Reforms of the Judiciary, on the Parliament, in the Anti-Corruption Fight, etc, and containing an Important part on DeCentralisation. In this framework, the Document signed Earlier Today is a 1st Step, particularly concerning the Creation of a Centralized Network of Regional Offices, which are due to accompagny the Territorial Reform Process, collect Local Communities' views on the planned Changes, and, afterwards, explain them what would have been decided meanwhile. This may concern also Regionalisation,  even if it' might not be so much on the Agenda, but it's important, at least at the end. ... This is not yet absolutely clear, simply because it depends  mainly on the Constitutional Reforms, which will be finaly decided". + In parallel of course, there is also the Minsk Trilateral Contact Group, which is due to Consult also the Donetsk/Luhansk People, that I didn't mention here, because it wasn't officialy foreseen as such, even if it may be facilitated, in one way or another, meanwhile, resumed in substance the experienced Director of CoE's European Committee on Democracy and Governance, Alfonso De Salas, speaking to "EuroFora". 

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+ Indeed, in their signed Written "Joint Statement",  which "Acknowledges" from the outset "the Need for Decentralising Power, in full Compliance with the international Obligations of Ukraine and in line with European Standards and Best practice", they explicitly "understand... that Such Reform can only be Successful, if it is Inclusive and creates the conditions for Stakeholders to be Informed and to Actively Participate in its Preparation and Implementation".
    
    => For that purpose, the CoE and the Ukranian Government officially "affirm their Common Intention", "for the furthering of local government reform and decentralisation of power",  inter alia, also, f.ex., to "Monitor.. the implementation of the Reform at the Regional level, collecting information on Problematic Issues and submitting Proposals for their Solution to the Government".

    This will be done, among others, also by "a Network of 25 Offices on Local government Reform and Decentralisation of Power", where "the COE, jointly with the Ministry, shall identify and appoint one senior Expert per Office, and train and supervise the quality of his or her work",  shall support "the organisation of a Communication campaign on Goals and Impact of the Reform", as well as "set up an Expert Group at the Central level (the Central Office) to ensure Co-operation with the Regions", (in addition to CoE "Expert support to improving Legislation on .. Decentralisation", "a Communication campaign on .. the Reform", "Opinion Polls" conducting, etc.

+According to an official COE's Press release, such "Regional .. Offices", which "will be Set up in Early May" 2015, "will act as a hub, bringing Together ... local authorities (hromadas), elected Representatives and Civil Society. They will also provide Feedback from Regional Stakeholders on Draft Laws", etc.

 - "“These Regional Hubs will Help pave the way for Decentralisation, which we know will be Crucial to Ukraine’s lasting Political Stability", COE's Chief Jagland said. “Decentralising power has become the reality for virtually all Modern European States. The lesson from Europe is that these arrangements are most Successful when they are Locally-Owned, and Shaped by the Creativity and Enthusiasm of ordinary Citizens".

- For Ukranian vice-Prime Minister Zubko, such moves "will help facilitate the Decentralisation Reform at the Local level, and make sure that All Stakeholders are Informed about the decentralisation, and Actively Participate in its Preparation and Implementation", as he promised.

+ CoE's "Action Plan for Ukraine for 2015-2017", "which was approved by CoE's Committee of Ministers on 21 January 2015", as the Jagland - Zubko document reminds, contains; among many other interesting points, "CoE's intention", "in the forthcoming period", to "Focus on Local Self-Government and Decentralisation, including ... Participatoy Democracy", also by "aiding ...Stakeholders in improving institutional Dialogue", as well as "to enable Reform of Local Self-Government .. in line with Principles and Standards of Local and Regional Democracy".

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             - "The Decentralisation process, foreseen in Ukraine, is Indispensable for transforming Ukraine into a Modern and solid State. Let's Hope that it can, also, be a Contribution in a Political Settlement of the Crisis in Eastern Ukraine", stressed from the outset COE's Secretarry General, Thornbjorn Jagland, during that event where "EuroFora" was present.

 - "The Signature of Today's Statement is an Important 1st Step for the Decentralisation process, and .. a Part of a Larger Package, which the CoE has wraped up for Ukraine". "We (CoE) have been Present now in Kiev, with  a very Big  Office of more than 40 Persons, for many Years", and "we (CoE) have just Adopted a New Action Plan for Ukraine, which is the Biggest one in COE's History !", Jagland observed, adding also the recent fact that "COE has been Invited to participate in the Constitutional Committee set up by (Ukranian) President Poroshenko", mainly for Drafting Crucial Reforms incuding Decentralisation of Power, notoriously considered as a Key for a Peacefuk Solution to the Political Confict. - Indeed, "Decentralisation process is a very Important thing for consolidating the Ukranian State and its Independence in the Future", he added.

 - At the same time, it corresponds also to something that is currently "going on in all Modern European States : i.e. Give more Power there where People are living. Of course, they are part of Nation - States. But they are living in Local Communities, where they get their Health Services, they go to School, they are working there, getting elderly care, etc., so it's important to pay attention to the Local Communities to which People are attached. This is not something Specific for Ukraine". On the contrary, it's something Natural, which is going on in all European Countries". But this is also an integral Part in the process of Consolidating a Democratci,  Independent Ukraine with full Respect for its Territorial Integrity", Jagland concluded.

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    + "As of Today, the Means for Settling the Conflict in Eastern Ukraine, and Stopping the mutual Aggressions, are the Reforms, which have to be done in Ukraine, in order to reach the Turning point which will show Political Will and that Ukraine has chosen its path", (including by adopting the necessary Anti-Corruption Reforms), observed from the outset the Ukranian Deputy Prime Minister Hennadii Zubko, (whos is a Poroshenko faithful, having served until the End of Last Year at the Presidential Administration, before becoming a New Member of the Government since December 2014).

    - "We (the Kiev's National Government) consider that No Scenario of Transnistria  or of Ossetia (i.e. of "Frozen Conflicts", Non Recognized Entities), should be done in Ukraine", he stressed.

    - "That's why we have also adopted in the Parliament that Law about the specificity of Self-Governing of the secessionist territories on the Donetsk and Luhansk Regions, .. that will help us to Cooperate Together".

    => - "Right Now, what we Need is to Withdraw the  Russian Troops (a claim that Moscow notoriously Denies as False, speaking of privae "Volunteers") from our Territory, to have the Control of the Ukranian Government on the whole Territory of our Country, and to make necessary Reforms", as Deputy Prime Minister Zubko pointed out Concluding, in a series of 3 steps, which curiously, .. forgot the forthcoming Local Elections in Donetsk/Luhansk Autonomist Regions...

    The point is of Crucial Importance Today, because Kiev's Government was Accused by Donetsk - Luhansk Autonomists to have unilateraly Postponed the entry into force of the promised Special Status for the Autonomist Areas to the precondition to hold, before that, Local Elections according to Ukranian Laws, and reportedly some other Kiev's demands, contrary to the Minsk Agreements of February 2015. Such a controversial move would seriously Aggravate the already Hard Humanitarian Problems provoked to the detriment of the 4,6 Millions Population of Donetsk/Luhansk regions, f.ex. by Hindering them to sell legaly their own products. Curiously, it would even Deepen the Negative Consequences of a Division of Ukraine, inter alia, also by Obstructing the preexisting Economic Complementarity between Kiev and Donetsk/Luhansk, since the Coal produced in Eastern Ukraine could no more be sold to the rest of the Country, which notoriously Needs it for the production of Electricity, (etc).

         In addition, the signed "Joint Statement" also "recognizes .. that one of the major Obstacles to Decentralisation is the excessive Municipal Fragmentation of Ukraine and that Municipalities Need to be Consolidated BEFORE they can receive and efficiently implement New Competencies", as it says, without going into concrete details.

    + Moreover, Kiev Authorities would now Refuse to Negotiate, not even to hold serious Talks with the Donetsk/Luhansk Autonomists, claiming that they would be just some kind of illegal "Terrorists", etc, so that both the Crucial DeCentralisation Reforms, as well as the preparation of the conditions for Local Elections, and/or the Control of Ukraine's Borders vs a vis Russia, etc., would be seeked without any compromise agreement between the two sides, contrary to the spirit and to the letter of the latest Minsk Deal, Critics have reportedly denounced recently.

     An often repeated variant of such pro-Kiev claims sometimes goes as far (particularly in Public Debates, including at the Internet, etc) as to openly admit that, in fact, one of its real Aims would be to practicaly ...Change Interlocutors at Donetsk/Luhansk, before any Talks might, eventually, start taking place f.ex. on the crucial issue of DeCentralisation of Power, etc, by replacing them by some more lenient, if not pro-Kiev, substitutes, after giving a try to Marginalize the current Political Leaders of the Autonomists, through a particularly Adverse for them set of so-called "Conditions" for Local Elections "according to Ukranian Law", and/or by having, previously, Totally Surounded the pro-Autonomy areas, and Totaly Isolated them from any Free Contact wtth the Outside World, by attempting to take, ptreviously, over the Military Control of all External Borders...

    However, according to the Official, collective Conclusions of the latest EU Heads of State/Governments' Summit in Brussels, as early as since, already, the End of March 2015, it's only as "the Last point of the Peace Plan", scheduled only for "the End of 2015", that "Ukraine's regain of Control over its Borders in the East", is supposed to start being "implemented" : I.e. only after the Decentralisation Reform, the Local Elections (scheduled for October 2015), etc., (all that haaving, in principle, to be prepared and set up after relevant Debates and in Dialogue between Kiev's Authorities and Donetsk/Luhansk's Autonomists, (etc).

    Thus, already on April 1, 2015, when Ukranian Prime Minister Yatsenyuk, while visiting Berlin to meet with German Chancelor Merkel, claimed, inter alia, also that, in his view, "for the fulfillment of the Minsk Convention", "We (Kiev) will Not Negotiate with Terrorists, (as he called the current Leaders of the Donetsk/Luhansk Autonomists), "but, in order for us to speak, there must be a legitimate, elected authority on site. Therefore, these (local) Slections must be in accordance with Ukrainian legislation, with the Standards and the OSCE" Monitoring, (etc), he added. Such "PreConditions for ... Tansparent and free Elections must be created, so that they them can be Recognized" not only "by the International Community", but also  "Recognized by Ukraine" Authorities, as he said then. Otherwise, "Differend so-called Elections had been conducted" in the Past at the pro-Autonomy Donetsk/Luhansk Regions, (back on November 2014), in "a way to Legitimize the Russian-steered Separatists", as Yatsenyuk called them, but, "We (Kiev's Authorities) woN't go this way", Yatsenyuk warned. On the contrary, now, "heavy Weapons must be displaced, so that a Cease-Fire is carried outn, and the Troops must be Withdrawn" : Only "then, it can be a matter of conducting (Local) Elections", Yatsenyuk had stressed, (i.e. using a Format very Close, even if not identical, to that of Zubko Today : Comp. Supra).

 - But, on the Contrary, German Chancelor Angie Merkel, Replying to relevant Press Questions during the Same Press Conference as Yatsenyuk in Berlin, on April 1, 2015, (Comp. Supra), observed that, according to the Minsk Deal, in fact, it's the Other way round : I.e., f.ex., Local "Elections are a Prerequisitive for" the Final "Goal", i.e. "that Ukraine recovers its Territorial Integrity, that is to say, has also Access to its own Borders, (in particular) the Russian-Ukranian Border", (which, the Minsk Agreements clearly place at the End of the current Peace process).

So that, for the Local Elections, the main "Prerequisitive" was just that "the Withdrawal of Heavy Weapons" would be "Completed in a Transparent manner", thanks to an official "Statement of the SMM, OSCE's Special Monitoring Mission. "The Preparations for the (Local) Elections" would  "Start .. if we have this (OSCE) Statement", Merkel had noted on April 1st, (without asking anything more) and this was, indeed, done, meanwhile.

=> In consequence, since, as she had stressed in substance, Local "Elections (including at Donetsk/Luhansk Autonomist Regions) are a Prerequisitive" for "Ukraine to recover .. Access to the Russian-Ukranian Border", at  the End of the current Peace Process, according to Minsk Agreements, then, "I think, that it's in Everyone's interest that these Elections can also take place as Soon as possible", Merkel stressed in Conclusion, (obviously urging, indirectly but surely, all sides involved, including Kiev's Authorities, to Avoir raising more PreConditions, in order Not to Risk to Delay or Block the current Peace Process)...

Meanwhile, as Merkel had also hinted, the above-mentioned "Hot" Issues to settle for the Peace process in Ukfraine, are due to be Discussed at first inside certain "Contact Groups", expected to be set up according to "Minsk" Agreements, with Representatives from Both Sides, under the auspices of OSCE Envoy, Swiss Ambassador Heidi Tagliavini. Such Minsk's Trilateral "Contact Group's Thematic Sub-Groups" have been reportedly prepared on a series of issues, such as : "Humanitarian", "Economic", "Security" and "Politics".  Kiev's Authorities have recently appointed their Representatives to those Groups, as well as the Donetsk/Luhansk Autonomist Regions, but they are reportedly complaining that Kiev has been Delaying to Launch the work of Minsk's "Contact Group's SubGroups, despite the fact that they might facilitate agreed Solutions.

But the Minsk Agreements, concluded on Fabruary 2015, under the auspices of 4 Heads of State/Government from France, Germany, Ukraine and Russia, are Crystal-clear :  

- They demand to "Launch a Dialogue", (immediately after the Withdrawal of Heavy Weapons, which has already been achieved), "on modalities of Local Elections", "and on the Future Regime of the.. Areas" (of Donetsk and Luhansk Regions' autonomists), i.e. on  the planned Decentralisation, (Article 4, of the "Package of Measures for the Implementation of the Minsi Agreements").

 + The official Texts also ask, "promptly, ...no later than 30 Days after" the Minsk Agreements, (i.e.at about Mid-March 2015), to "Adopt .. a Resolution of the Parliament of Ukraine specifying the Area (already) Enjoying a Special Status"  - and Not : "which Will Enjoy" in any other, Postponed Future, (ibid).

- It's only "After the Local Elections", "and .. After the Comprehensive Political Settlement (i.e. ..... Constitutional Reform), to be Finalized by the End of 2015", that Kiev's Authorities will be able  to "Reinstat full Control of the State Border by the Government of Ukraine throughout the conflict Area", (Article 9, ibid).         

 + But this is Conditional : I.e. "Provided that, ... in Consultation with, upon Agreement by Representatives of certain Areas  of the Donetsk and Luhansk Regions, in the Framework of the Trilateral Contact Group", will have "Carried out Constitutional Reform in Ukraine, with a New Constitution entering into Force by the End of 2015", including "Decentralisation as a Key element", (with  "the Specificities of certain Areas in the Donetsk and Luhansk regions, Agreed with the representatives of these areas), as well as adopting Permanent Legislation on the Special Status of certain areas of the Donetsk and Luhansk regions", (Article 11 of the same text).

It should be done "in line with Measures as set out" in a Special Note contained at the Minsk Agreements, "until the End of 2015", (such as, f.ex., Amnesty, "Linguistid Self-Determination", "Participation ... in the appointment of heads of public Prosecution offices and Courts", "Agreements" and/or "State supports" of  "the Economic, Social and cultural Development", "Cross-Border Cooperation .... with ..the Russian Federation", "Creation of the people’s Police units by decision of local councils", etc).

I.e., in other words, Borders' Control is due to be not at all an intermediary, but only a Final Stage conclusion, to be reached at the End of the Peace process, which should almost always advance in Consultation and in agreement between Kiev and the Autonomists, according to the Minsk Deal.
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As for Today's surprizing repetition of Kiev Authorities' claim about a supposed existence of Regular "Russian Troops" inside Ukraine, (Comp. Supra : Something that Moscow notoriously Denies, and for which No sufficient and unquestionable Proof was yet published, at least at our knowledge, while the Russians admit only a presence of some Private Individuals among the various "Volunteers" who notoriousmy exist on Both Sides of the Ukranian Conflict), certainly, the Arrival of several Hundreds of USA's Military Troops, these Days, for the 1st Time in History in Ukraine, for so-called "Army Training", etc., is Not the Best Moment to try to convince critical thinkers...

Comparatively, until Today, even EU Member Country, with some 3.000 Years of History, as Cyprus, doesn't have so many Difficulties to ...prove the notorious existence of more than 45 Thousands of Turkey's Invasion Army Troops,  in several Military Camps at the Occupied Territories of the island, and/or accross the Demarcation's "Green Line", as well as in provocative Armed Parades, at a Huge Flag painted on the Mountain visible Kms away, even inside the Capital City of the Country, Divided in 2 Parts Separated by Barbed Wire, etc.

As for the ritual Obligation, for the Demoratically Elected President of the Country, voted by the Large Majority of Citizens at the Free Areas, to ... sit down personaly, for many Years, and even in front of UNO's Secretary General and/or his Envoy, together with the Separatists' alleged Chief, in order to try to "Negotiate" a Political Solution to the Problem of the imposed Division of the island, with someone who can't even pretend to represent a Minority of Separatists, since he can't be voted according to even elementadu Democratic principles in a Terriroty notoriously Invaded and still Occupied by a Foreign Army, from where the vast Majority of its lawful Inhabitants have been Brutaly Chassed Away, and are still Hindered to Return, their Homes and Properties have been Massively Usurpated, in repeated blatant Violations of ECHR's case-law, while even the Minority of local Separatists is Threatened to be progressively "Replaced" by a Growing Influx of Foreign "Settlers" massively Imported from another, Occupying Country (Turkey),  i.e. committing what, according to the International Criminal Court's Statute is generaly considered to be "a  War Crime". Despite all that, nevertheless, Cyprus' Direct Talks between the two sides, thanks God, are conducted, generaly, in a quite Correct, Kind, and sometimes even "Friendly" atmosphere, without anyone ever Refusing even to Speak between them, or calling names his/her interlocutor, accused to be f.ex. a "Terrorist" (sic !), etc., as it, unfortunately, happens Now in Ukraine, (Comp. Supra)...