ANALYSIS: New Black Sea Fleet crisis arises (02/19/06)

ANALYSIS

New Black Sea Fleet crisis arises

by Taras Kuzio

Soon after signing a new gas contract on January 4 that defused a Europe-wide gas crisis, Ukraine and Russia are again embroiled in a low-intensity conflict over the Black Sea Fleet. The issue is not just control over lighthouses, but reflects a far more fundamental campaign since President Viktor Yushchenko's election: Ukraine taking back control over lands and buildings in Crimea that are illegally held by the Black Sea Fleet.

Ukraine and Russia signed an agreement to divide the Black Sea Fleet in 1997 at the same time as a treaty recognizing their land border. Russia obtained 80 percent of the Fleet and Ukraine 20 percent, with its reduced share offsetting some earlier energy debts to Russia.

The issue of the Black Sea Fleet was never fully resolved, as many smaller additional agreements were negotiated in subsequent years. Under the Leonid Kuchma regime, encroachments by the Russian Black Sea Fleet onto land not leased to it became common place.

Soon after Mr. Yushchenko was elected, the new government sought to force the Russian Black Sea Fleet into legal compliance with the 1997 treaty and subsequent agreements. Demands for this new and tougher approach to treaty infringements by the Russian Black Sea Fleet grew exponentially throughout 2005.

During the winter gas crisis, Ukraine threatened to retaliate for the price rise in two ways. First, to increase the rent charged to the Russian Black Sea Fleet for the lease of bays in Sevastopol and other installations. The new rent would be four times higher at $400 million, up from the low annual rent of $95 million. Ukrainian polls show that the majority of Ukrainians would back an increase in rent paid by the Russian Black Sea Fleet.

Second, to either increase rent paid by Russia for its use of two early warning radars in Zakarpattia and Crimea or to ask Russia to vacate them. These would then be offered to the United States. During her December visit to Kyiv U.S. Secretary of State Condoleezza Rice raised this issue in her meetings with President Yushchenko.

Russia threatened to scrap the 1997 border treaty if Ukraine re-visited the rent paid by the Russian Black Sea Fleet. Russia claimed that Moscow's recognition of the Ukrainian border was tied to a resolution of the division of the Soviet Black Sea Fleet.

Contrary to Russian claims, the 1997 treaty and agreement on the Black Sea Fleet never fully resolved all outstanding issues. Russia refused to demarcate its border with Ukraine and in autumn 2003 launched territorial claims against the small island of Tuzla, off the eastern coast of the Crimea. Russian marines and sailors have also regularly infringed on Ukrainian territory by holding exercises outside of their designated compounds.

Many Russian nationalist politicians, such as Moscow Mayor Yuri Luzhkov, have never reconciled themselves to Ukrainian control over Crimea and the port of Sevastopol. Ukraine, therefore, has sought to take control of the situation surrounding the fleet ahead of the 2008 Russian elections out of fear that a more staunchly nationalist president could replace Vladimir Putin.

The Ukrainian side has persisted in insisting that it has a right to undertake an inventory of the facilities leased to the Russian Black Sea Fleet. In mid-December 2005 a Ukrainian government plan was released to this effect. Russian fleet commanders have refused access to Ukrainian facilities they rent, one reason being due to their corrupt sell-off and renting of these properties to commercial structures.

The Ukrainian side has sought to place the terms of the lease of Ukrainian land and facilities to the Russian fleet in line with "international standards," in President Yushchenko's words. The Ukrainian side points to the large number of unresolved problems that were ignored during the Kuchma era. These include the fleet's lease of land, its unwillingness to pay for its use of social facilities in Sevastopol (such as schooling for naval personnel's children and health care), and the fleet's non-compliance with environmental legislation. Ukraine is responsible for the safety of shipping in its territorial waters for which the lighthouses are indispensable.

Presidents Yushchenko and Putin met on January 11 to publicly show that the tension surrounding the gas crisis had been ended. However, a high degree of instability in Ukraine-Russia relations remains. Two days later the Ukrainian authorities took control of a Yalta lighthouse from the Russian Black Sea Fleet. Since then the conflict has escalated into a military stand-off.

At issue are the Ukrainian government's demand to transfer 35 coastal installations outside Sevastopol to Ukraine's Ministry of Transport. Under President Kuchma, Ukraine turned a blind eye to Russia controlling these since 1997. The "hydrographic installations" are lighthouses and communications stations along Crimea's coastline. Crimean courts had ruled in 2003 that the fleet should transfer these hydrographic installations to Ukraine; President Kuchma never reinforced the decisions. In July 2005 the Sevastopol economic court again ruled in Ukraine's favor. Russia, however, has refused to acknowledge the jurisdiction of these court decisions.

After Ukraine had taken control of one lighthouse, the Russian Black Sea Fleet illegally sent units of 20 marines with APCs to guard other hydrographic installations and provocately hung up signs stating "Territory of the Russian Federation." The commander of Russia's Black Sea Fleet, Admiral Aleksandr Tatarinov, held a meeting with the head of Yalta's merchant port but he failed to browbeat him into backing down and acquiescing to Russia's demands to maintain the illegal status quo.

Ukraine's National Security and Defense Council Secretary Anatolii Kinakh has stressed that Ukraine will step up all measures within international and Ukrainian law to protect its national interests and security.

Ukraine's Foreign Affairs Minister Borys Tarasyuk has commented that, "Russia unlawfully retained all these facilities of the navigation and hydrology service" and reiterated that "there are no legal foundations whatsoever for Russia to say that these facilities have anything to do with the Black Sea Fleet."

On February 16 the next round of the Black Sea Fleet commission with Ukraine will begin, and this escalating tension will be the main item on the agenda. It is doubtful that the will to speedily resolve the new crisis exists as it did during the gas crisis in the middle of a harsh winter.

Dr. Taras Kuzio is visiting professor at the Elliot School of International Affairs, George Washington University.

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