Foreign Policy

Results of the foreign policy of Ukraine for 2016

30.12.2016
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ICPS Press

Ukraine’s foreign policy agenda has been defined by post-Maidan challenges: Russian aggression, conflict in Donbass, European integration aspirations, economic decline of the country. During 2016, Ukraine managed to strengthen its positions in national security area and increased its military capacities but failed to advance any of its priorities in foreign policy. Moreover, there is a deadlock on Minsk, increasing hostilities with Russia, growing challenges with the EU, uncertain US future policy on Ukraine, more problems with neighbors in the region. In 2017, Ukraine’s international situation may change for the worse if Kyiv will continue with its current rich militaristic rhetoric and poor reforms records.

Minsk process

In 2016, Ukraine appeared at the crossroads of the Minsk process and has been facing an uneasy dilemma: either to continue implementing political provisions of the Minsk agreements under external pressure or withdraw from such unpopular obligations under public pressure. Kyiv opted for imitating implementation of the Minsk agreements that allowed the government to balance its dependence on foreign and domestic factors, buy time and prolong sanctions against Russia. As a result, there was no significant progress in the Minsk process throughout 2016. Meanwhile, the war in Donbas remains a low intensity conflict.

First of all, there were no changes in implementing the political provisions of the Minsk agreements. Conducting local elections in uncontrolled Donbas, deploying an OSCE police mission in Donbas and elaborating a roadmap on implementing the Minsk agreements were the most frequently discussed issues during the meeting of heads of state in Berlin (October 2016) and several meetings of foreign ministers in the Normandy format (Ukraine, Russia, Germany, France). The members of the Normandy Group did not meet a deadline to agree on roadmap (November 30, 2016) due to divergent views on the sequence of implementing political and security provisions. In early 2016, Ukrainian diplomacy demanded that conducting elections in uncontrolled Donbas shall be proceeded by deploying OSCE armed police mission along the disengagement line, uncontrolled part of the border and future polling stations. Despite a preliminary agreement on the OSCE police mission, the members of the Normandy Group did not agree on its mandate and areas of presence. Besides, a pressure by Russian, French and German diplomats did not convince Ukraine to adopt a law on local elections in uncontrolled Donbas before necessary a security environment is met.

Just as elections in uncontrolled Donbas, changes in the Constitution of Ukraine and amnesty for pro-Russian insurgents were not on the agenda in Kyiv due to a lack of parliamentary support and a risk of public anger.

However, regular meetings of the Trilateral Contact Group (Ukraine, OSCE, Russia) produced some results in implementing the security provisions of the Minsk agreements. In particularly, the parties agreed to withdraw troops and hardware in Zolote, Petrivske and Stanytsia Luhanska, which has already taken place in the former two settlements. Moreover, a number of Ukrainian POWs were released from Russian prisons or DPR/LPR capture and subsequently exchanged, including Nadiya Savchenko, Yuriy Soloshenko and Hennadiy Afanasiev. At the same time, 109 Ukrainian citizens are still held in prison (as of November 2016). Their future is dependent on Russia’s position that binds prisoner exchange with Ukraine’s political concessions.

The changing international environment will make it harder for Ukraine to resist the pressure from Russia and the West in 2017 with regard to a new composition of the Normandy Group following presidential elections in France (François Hollande will not run for a second term) and parliamentary elections in Germany (Angela Merkel may lose the battle for chancellor).

Ukraine-Russia relations

There were no grounds for mitigating Ukrainian-Russian confrontation in 2016 as a result of the annexation of Crimea and the war in Donbas. Despite maintaining diplomatic relations, Kyiv and Moscow attempted to compromise mostly by means of multilateral channels (Normandy Group, Trilateral Contact Group, Ukraine-Russia-EU negotiations) or some individual contacts between Ukrainian and Russian politicians.

Ukraine managed to revive the Crimea issue on the international agenda. It was preceded by tougher political persecutions by Russian authorities in Crimea (namely, banning Mejlis of the Crimean Tatar People) and stirred-up efforts by the Ukrainian diplomacy. The militarization of Crimea and violations of human rights in the annexed peninsula were mentioned in the European Parliament resolution ‘On the human rights situation in Crimea, in particular of the Crimean Tatars’ (February 4, 2016), two PACE resolutions ‘Political consequences of the Russian aggression in Ukraine’ and ‘Legal remedies to human rights violations on the Ukrainian territories outside the control of the Ukrainian authorities’ (October 12, 2016) and the annual Report on Preliminary Examination Activities by the Office of the ICC Prosecutor (November 14, 2016). Moreover, the UN General Assembly is expected to vote on the draft resolution on human rights situation in Crimea in the near future that was approved by the Third Committee, which may become the first UN document where Russia is recognized as an occupying power. Besides, higher attention was paid to Crimea due to an incident in Armiansk in August 2016 and the Russian parliamentary election in September 2016, which was held in the annexed peninsula.

A number of documents covering the conflict in Donbas were also adopted. Namely, the above PACE resolutions and ICC Report are the only multilateral documents so far that provide that the situation in Eastern Ukraine has features of international armed conflict involving Russia.

The Ukrainian-Russian enmity has naturally affected Ukraine’s foreign economic activity. There was a higher drop in trade between Ukraine and CIS countries in 2016.

It cannot be ruled out that the Ukrainian-Russian conflict may face a transformation in 2017 after Donald Trump is sworn in as US president, the EU becomes increasingly involved in domestic disparities and early parliamentary elections are held in Ukraine.

Ukraine-EU relations

In 2016, Ukraine expected to benefit from the advantages of European integration that were achieved after 2014. However, such expectations were not delivered due to increasing ‘Ukraine fatigue’ in Europe and the unprecedented systemic crisis in the EU. As a result, Kyiv and Brussels came closer to a crisis of mutual trust. Ukraine lacks efficient incentives to continue necessary reforms. At the same time, EU domestic problems made relations with Ukraine secondary to Brussels.

First of all, the ratification of the Ukraine-EU Association Agreement was not completed due to the Dutch advisory referendum in April 2016, in which 61% of voters were against ratifying the agreement. As a result, the agreement continues to be provisionally applied, while its formal entry into force depends on negotiations between the Dutch government and EU leaders. A way-out of this situation is likely to be postponed until Dutch parliamentary elections in March 2017.

Amid the drastic decline in Ukraine-EU relations in 2014-2015, the Ukrainian economy has not benefited from the Deep and Comprehensive Free Trade Area (DCFTA) so far applied from January 1, 2016. Trade turnover between Ukraine and the EU (both export and import) started to increase in Q2 2016 for the first time since 2013.

Though Ukraine carried out all requirements pursuant to the Visa Liberalization Action Plan (VLAP), including launching e-declaration of incomes, the EU has not granted a visa-free regime to Ukrainian citizens. Migration fears in some EU member-states have made granting the visa-free regime to Ukraine dependent on revising the visa suspension mechanism.

In November 2016, Brussels held the EU-Ukraine summit, which brought modest achievements amid Ukraine’s European aspirations. Ukraine managed to receive € 170 mln totally in support for public administration reform, fighting corruption and strengthening the rule of law. During the summit, the parties also signed the Memorandum of Understanding on a Strategic Energy Partnership which assigns Ukraine a role of EU key transit partner. However, the EU-Ukraine summit did not bring any progress in completing the ratification of the Association Agreement and granting the visa-free regime for Ukraine.

Ukraine-EU relations are expected to become even less intensified in 2017 with regard to turbulent political developments in Europe: Brexit talks, elections in the Netherlands, France and Germany as well as far-reaching consequences of the Italian referendum on constitutional changes held in December 2016.

Ukraine-US relations

Though Ukraine has been secondary to US priorities, Washington remains Kyiv’s key strategic partner in countering Russian aggression. Under the presidency of Barack Obama, the US never hesitated over prolonging sanctions against Russia. Furthermore, in 2016, the US provided $335 mln of military-technical assistance aimed at training Ukrainian soldiers, non-lethal weapon and advisory support for reforming the defense sector. Besides, Ukraine held US-led Rapid Trident and Sea Breeze multinational exercises involving a number of NATO member-states.

However, the US has been distanced from conflict resolution in Donbas since 2014, shifting responsibility for European security to Germany and France. At the same time, the ‘Ukrainian crisis’ was an agenda item during Russia-US channels – Lavrov-Kerry and Surkov-Nuland talks.

The US presidential elections have become a primary source of uncertainty regarding further Ukraine-US relations. The Ukrainian political elite mostly favoured Hillary Clinton over Donald Trump, who has been perceived as the ‘pro-Russian’ candidate given several controversial statements on developments around Ukraine. Such incautious acts will complicate bilateral relations under the Trump administration.

Ukraine and the whole world await the first steps taken by the 45th US president to understand how Trump’s foreign policy will coincide with his election program. The future US president is unlikely to pay higher attention to Ukraine than his predecessor. This may result in diminishing US financial and military assistance to Ukraine under Trump. Moreover, a possibility of ‘geopolitical deal’ between Trump and Putin is also a subject of debates.

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