In June representatives of civil society from Russia, Ukraine, and other European countries took part in a seminar on establishing justice and facilitating reconciliation in conflict affected areas in the OSCE, with a particular focus on the Ukraine conflict. The seminar looked at human rights and peace approaches in dealing with conflicts and their aftermath. It was organized by German Russian Exchange (GRE), and the Netherlands Helsinki Committee. GRE serves as the secretariat to CivilM+ a civil society network for conflict resolution in the Donbass. The NHC serves as secretariat to the Civic Solidarity Platform, a human rights network covering the OSCE region.

The first day opened with speeches by representatives of the UN and OSCE, and several sessions on different aspects of transitional justice. Eva Schmidt, Head of the Administration of Justice, Freedoms, and Civic Space Unit at the UN Office of the High Commissioner for Human Rights spoke about how the work of international organizations like the UN contributes to accountability and transitional justice issues. In particular, their findings and assessments can “inform on questions of transitional justice” and be relevant in discussions at the International Criminal Court (ICC) on complementarity—the principle which allows the ICC to investigate cases only when national governments are unable or unwilling to do so genuinely.

Wolfgang Sporrer, Head of the Human Dimension Unit of the OSCE Special Monitoring Mission to Ukraine (SMM), spoke about the mission’s work. He emphasized that the scope of SMM activities goes well beyond observing ceasefires agreed upon within the Minsk protocol. It has had a presence in Ukraine since before the breakout of the armed conflict and has a “wide political mandate” in monitoring and facilitating dialogue among all parties to the conflict. This mandate covers the entire country and a variety of issues from security to human rights, and its daily reports on the security situation are publically available. “In short it has a mandate aimed at stabilization and normalization of the country,” he said.

Framing narratives for reconciliation

Sporrer also described the OSCE’s attempts to contribute to future reconciliation by producing narratives of the conflict. In particular, the SMM is conducting in-depth interviews to “showcase how the conflict has affected the lives of people regardless of what side they are on”. Schmidt echoed this by calling for the need to “collect and disseminate impartial correct information for people on both sides of the conflict line and about both people on both sides of the conflict line”.

In the panel discussion on “how to escape dead ends” Izabela Kisić, Executive Director of the Helsinki Committee for Human Rights in Serbia spoke about the role of narratives in preventing reconciliation, stating: “The narratives Serbia created during the [Yugoslav] war are still there…as long as these narratives stay the same there is no hope for true reconciliation.” Kisić went on to say education was one of the “most important mechanisms of transitional justice especially” and that we needed to “speak with [students] about narratives and causes of war, otherwise we may create a new post-war generation of nationalists that could be ready to engage in another conflict in the future”. Similarly, Paata Zakareishvili, Former State Minister of Georgia for Reconciliation and Civic Equality, called for the need to understand each other better, to which common narratives could contribute.

The role of civil society

Another topic discussed was what role civil society could play in reconciliation. Schmidt said all actors involved in a conflict needed to “pave the road for transitional justice” as soon as possible. One such step are mitigation measures, with civil society playing a key role. These measures include activities which address the everyday concerns of people in conflict affected areas, and which contribute to building trust across conflict lines. Civil society has the potential to increase the legitimacy of processes based on its deeper roots in local society. They are also better equipped to provide better understanding of a situation which could help in forming adequate narratives during and after a conflict.

Safi van ‘t Land, Programme Officer at Impunity Watch spoke about the importance of inclusive processes, reminding the audience that “sometimes those at the table are the ones driving these systems of hostilities and violence” therefore having a wider group of people involved can increase likelihood of success. She said often civil society is given more of a “peripheral role in design and implementation” of transitional justice processes and called for a more holistic approach that serves to strengthen civil society leadership in these processes. NHC Senior Advisor, Harry Hummel later explained: “The OSCE has in different countries contributed to positive steps regarding aspects of transitional justice but is missing an organization-wide doctrine on the topic.” He also expressed his hope that civil society would be able to contribute to such a doctrine.

The opening session touched on topics the participants would dive further into the following days. It also provided an opportunity to get several civil society organizations together, from both Ukraine and Russia, to discuss how they can cooperate further. In general, there was a universal recognition of the need to keep dialogue open between groups on different sides of conflict lines, in order to work out complex issues like transitional justice and reconciliation.

Source: Security and human rights monitor

“I truly regret that on 7th August 2019 the Security working group of the Trilateral Contact Group was not able to hold its extraordinary meeting in form of a video-conference, as had been proposed by the Ukrainian side […] I urge all sides to fully, entirely and unconditionally adhere to their recommitment to ceasefire that was agreed in the TCG and successfully came into force on July 21”.

According to “Novosti Donbassa”, the extraordinary meeting did not take place because of the refusal of DPR representatives, who considered such an initiative premature.

Sources: OSCE, “Novosti Donbassa”

The OSCE Representative on Freedom of the Media, Arlem Desir, made a statement demanding the release of the journalist:

“I strongly denounce the imprisonment of Stanislav Aseev and I am shocked by his completely illegal conviction and sentencing to 15 years in jail. I reiterate that he must be released immediately,” Désir said.

Dezir also called for the release of blogger and journalist Oleh Galazyuk, who has been held captive by the DPR since August 2017:

“Aseev and Halaziuk were among the very few independent journalists who worked and reported from the non-government controlled area of Donetsk region. The silencing of independent journalists is a crime against the freedom of expression and it is unacceptable,” Désir said. “I again call on all OSCE participating States to increase pressure on any relevant actors to release both Aseev and Halaziuk.”

Source: OSCE

“The TCG and its Working Groups convened today for the first time this year.

Looking at our achievements last year, I would like to highlight a significant decrease in the number of civilian casualties, by more than half compared with 2017. This is an important outcome. Even so, however, I always say and I will repeat again today that every human victim is one too many.

I also would like to mention the Statement by the Trilateral Contact Group on recommitment to the ceasefire adopted in late 2018 on the occasion of the New Year and Christmas holidays.

As its result, the number of ceasefire violations from 29 December to the day before yesterday decreased more than by half compared with the previous two-week period. However, in the in recent days, the number of ceasefire violations has tended to rise.

Compliance with the ceasefire was thus the major topic for the Security Working Group.

In this regard, I once again call on the sides to take all steps necessary to prevent civilian casualties, protect critical infrastructure and ensure a sustainable ceasefire.

Safeguarding decent living conditions for civilians in the conflict zone is the key priority of the new OSCE Chairmanship in the current year, Foreign Minister of Slovakia, Miroslav Lajčak.

The Economic Working Group has considered current issues of water delivery in the “Karbonyt” and “Voda Donbasa” supply systems. The sides agreed to conduct an audit of the “Voda Donbasa” company, with ICRC assistance. Another discussion topic has been the payment of pensions to residents of certain areas of Donetsk and Luhansk regions (CADR and CALR).

Today was Per Fisher’s last meeting as Co-ordinator of the Economic Working Group. On behalf of the TCG and on my own behalf, I would like to express deep gratitude for his invaluable contribution to solving the many issues that are vital for the population in the conflict zone.

I also want to greet the new Co-ordinator of the Economic Working Group, an experienced diplomat, former German Ambassador to the Russian Federation, Ulrich Brandenburg. I am confident that his profound professional experience will contribute to the continued successful work of the Group.

The Humanitarian Working Group further discussed the issues related to the exchange of detainees.

The Political Working Group took forward its exchanges on its well-known agenda, namely the implementation of the ‘Steinmeier formula’, amnesty and the modalities of local elections in CADR and CALR as stipulated by the Minsk agreements.”

Source: OSCE

At a functioning hospital on the south-western edge of Zolote-5/Mykhailivka (non-government-controlled, 58km west of Luhansk), the SMM observed holes and broken glass in two windows on a north-north-west facing wall (one on the first floor and one on the third floor). The SMM assessed that the two holes and broken glass were caused by small-arms fire. Staff at the hospital told the SMM that they had discovered the damage on 23 January.

Source: OSCE

On the occasion of the fourth anniversary of the signing of the documents, the OSCE Special Representative in Ukraine, Martin Sajdik, said that despite unanimous re-commitments to the Minsk Agreements, a solution to the conflict has not yet come nearer:

“In the region, confrontations are still ongoing, causing suffering to the civilian population and losses of human lives although their number was considerably reduced in the course of last year. I am convinced that the only way to the peaceful resolution of the conflict in eastern Ukraine is the full and comprehensive implementation of the Minsk Agreements by all sides of the conflict. I once again call on them to display all targeted efforts in this direction”.

The full statement is available on the OSCE website in Russian and English. 

Source: OSCE

Minister Lajčák once again reiterated his deep regret about the decision of the Ukrainian authorities, which de-facto denies accreditation to ODIHR’s international observers with passports from the Russian Federation.

“Our Heads of State have all committed to invite observers from other participating States that wish to observe our elections, including through ODIHR,” the Chairperson-in-Office said. “I remain convinced that not accepting accreditation for all ODIHR’s observers is not in line with the OSCE commitments and therefore not in the best interest of the OSCE, Ukraine or its people”.

The OSCE Chairperson-in-Office intends to discuss the situation in and around Ukraine, along with other issues, with Russian Foreign Minister Sergey Lavrov later this week in Moscow.

Source: OSCE

“We sincerely welcome the recommitment to the ceasefire made by the Trilateral Contact Group. The recommitment came into effect at 00:01 (Kyiv time) on 8 March 2019, coinciding with International Women’s Day. We encourage full adherence to the ceasefire as envisaged in the recommitment well beyond this holiday, and hope it benefits not only all women but the entire population of Ukraine.

We appreciate that the sides have once again recommitted to the Minsk agreements and urge them to take all the necessary measures to ensure that a sustainable and long-lasting ceasefire follows.”

Source: OSCE