OSCE PA document: Resolution on militarization of Crimea

Below is the full text of the Resolution on the Militarization by the Russian Federation of the Temporarily Occupied Autonomous Republic of Crimea and the City of Sevastopol, Ukraine, the Black Sea and the Sea Of Azov, which was passed (94-7, with 11 abstentions) on July 8 by the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE).

1. Faced with the continuation by the Russian Federation of clear, gross and uncorrected violations of the purposes and principles enshrined in the Charter of the United Nations and the Helsinki Final Act, in particular concerning respect for the sovereignty, territorial integrity and inviolability of frontiers of states, peaceful settlement of disputes, and refraining from the threat or use of force, non-intervention in internal affairs, cooperation among states, and fulfilment in good faith of obligations under international law,
2. Recalling the OSCE Parliamentary Assembly Resolution on Clear, Gross and Uncorrected Violations of Helsinki Principles by the Russian Federation (2014), the Resolution on the Continuation of Clear, Gross and Uncorrected Violations of OSCE Commitments and International Norms by the Russian Federation (2015), the Resolution on Adherence to the Helsinki Principles in Inter-State Relations Across the OSCE Area (2015), the Resolution on Violations of Human Rights and Fundamental Freedoms in the Autonomous Republic of Crimea and the City of Sevastopol (2016), the Resolution on Restoration of the Sovereignty and Territorial Integrity of Ukraine (2017), and the Resolution on Ongoing Violations of Human Rights and Fundamental Freedoms in the Autonomous Republic of Crimea and the City of Sevastopol (Ukraine) (2018),
3. Taking into account U.N. General Assembly Resolution 68/262 of 27 March 2014 “Territorial Integrity of Ukraine,” U.N. General Assembly Resolution 71/205 of 19 December 2016 “Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol (Ukraine),” U.N. General Assembly Resolution 72/190 of 19 December 2017 “Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine,” U.N. General Assembly Resolution 73/194 of 17 December 2018 “The Problem of militarization of the Autonomous Republic of Crimea and the city of Sevastopol (Ukraine), as well as parts of the Black Sea and the Sea of Azov,” and U.N. General Assembly Resolution 73/263 of 22 December 2018 “Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine”,
4. Recalling the Declaration of the 1034th (Special) OSCE Permanent Council Meeting of 20 January 2015 and U.N. Security Council Resolution 2202/2015 of 17 February 2015 concerning the “Package of measures for the Implementation of the Minsk Agreements,” reaffirming full respect for the sovereignty, independence and territorial integrity of Ukraine and full implementation of the Minsk Agreements,
5. Having regard that the temporary occupation of Crimea and the threat or use of force against the territorial integrity or political independence of Ukraine by the Russian Federation is in contravention of the commitments made under the Memorandum on Security Assurances in Connection with Ukraine’s Accession to the Treaty on the Non-Proliferation of Nuclear Weapons (Budapest Memorandum) of 5 December 1994, in which, inter alia, the commitment to respect the independence and sovereignty and the existing borders of Ukraine was reaffirmed, and hereby recalling the non-nuclear status of Ukraine as a state party to the Treaty on the Non-Proliferation of Nuclear Weapons,
6. Recognizing that the ongoing temporary occupation and attempted annexation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation, and the illegal mounting military presence of the Russian Federation in Crimea and territorial waters of Ukraine represent the most serious threats to security and stability in the OSCE area,
7. Stressing that the construction and opening of the Kerch Strait bridge between the Russian Federation and temporarily occupied Crimea, which was built against the will and without the consent of the Government of Ukraine, represent yet another flagrant violation of Ukraine’s sovereign rights and international law, facilitate further militarization of Crimea, and hamper the economic development of Ukraine, notably by limiting the size of ships that can reach the Ukrainian ports on the Sea of Azov,
8. Concerned over the increasing military presence of the Russian Federation in the Sea of Azov, the Kerch Strait and the Black Sea, and also the selective search of Ukrainian and foreign ships, which impedes the lawful exercise of navigational rights and freedoms in accordance with applicable international law, which results in a decrease in cargo flows and tangible financial losses for the local economy in Ukraine and the merchants whose vessels are subject to this regime,
9. Reaffirming that the mandate of the OSCE Special Monitoring Mission (SMM) covers the entire territory of Ukraine within its internationally recognized borders, which include the Autonomous Republic of Crimea, the city of Sevastopol and maritime areas,
10. Taking note of the OSCE SMM reports on the severe socio-economic implications of the Russian Federation’s ongoing systematic disruptions of freedom of international navigation in the Sea of Azov and the Kerch Strait, in particular for the Ukrainian ports of Mariupol and Berdiansk,

The OSCE Parliamentary Assembly:

11. Reaffirms its full respect for the sovereignty, political independence, unity and territorial integrity of Ukraine within its internationally recognized borders, which include the Autonomous Republic of Crimea, the city of Sevastopol and maritime areas;
12. Reiterates its condemnation of the ongoing illegal occupation and attempted annexation of Crimea by the Russian Federation, and urges the Russian Federation to reverse them and withdraw Russian occupation forces from Crimea and to bring it back under the control of the Government of Ukraine;
13. Reiterates its grave concern over the increasing militarization of the Crimean peninsula and the Russian Federation’s intention to deploy nuclear weapons in that area, violating the non-nuclear status of Ukraine and further undermining global, European and regional peace and security;
14. Condemns the increasing militarization of the Sea of Azov, the Kerch Strait and the Black Sea by the Russian Federation;
15. Condemns the unprovoked act of armed aggression and unjustifiable and disproportionate use of military force by the Russian Federation against Ukrainian vessels and their crews, which took place in the neutral international waters of the Black Sea near the Kerch Strait on 25 November 2018;
16. Encourages the OSCE Chair-in-Office, OSCE institutions and the participating States to make every effort and use all instruments available to facilitate the immediate and unconditional release of Ukrainian prisoners of war held in captivity by the Russian Federation, and the seized vessels;
17. Urges the Russian Federation to grant, pending their release, the necessary medical, legal and/or consular assistance to Ukrainian prisoners of war in accordance with relevant provisions of international humanitarian law, including the Geneva Conventions;
18. Urges the Russian Federation to ensure freedom of passage in the Sea of Azov and the Kerch Strait in accordance with applicable international law, in particular the provisions of the 1982 United Nations Convention on the Law of the Sea;
19. Supports providing the necessary resources to enhance OSCE SMM capabilities, in particular through the use of technical surveillance equipment, unmanned aerial vehicles and satellite imagery, to monitor the situation in the Sea of Azov and the Kerch Strait, and urges the Russian Federation to lift all impediments to the monitoring activities of the OSCE SMM, in particular in the Russian-occupied southern parts of the Donetsk region adjacent to the Sea of Azov;
20. Supports the development of other relevant measures by the OSCE participating states and institutions aimed at deterring further aggressive actions and impediment of the freedom of shipping by the Russian Federation on the Sea of Azov and the Black Sea, inter alia, by exploring ways of effective international monitoring of the shipping traffic in the Kerch Strait and around it.