Security Council vote on the draft resolution concerning Ukraine

15 March 2014

Explanation of vote by H.E. Ms Sylvie Lucas

Ambassador, Permanent Representative of Luxembourg

Luxembourg profoundly regrets that the Security Council was unable to adopt the resolution submitted by the United States of America on the situation in Ukraine due to the negative vote of a permanent member, Russia.

Luxembourg voted in favor of the draft resolution and co-sponsored the text, alongside many Member States of the United Nations. Why? Because this draft resolution focused on principles and dialogue.

1. Principles first. The aim of the draft resolution was to recall the purposes and principles of the United Nations, enshrined notably in article 2 of the Charter. The aim of the draft resolution was to reaffirm the Council’s commitment to the sovereignty, independence, unity and territorial integrity of Ukraine within its internationally recognized borders. These principles should find unanimity in the Security Council.

Indeed, the Charter of the United Nations states that, in discharging its duties, the Security Council, I quote, “shall act in accordance with the Purposes and Principles of the United Nations”, end of quote. Today, the Russian veto has prevented the Security Council from acting in conformity with this provision.

2. Now dialogue. Applying Chapter VI of the Charter of the United Nations, the aim of the draft resolution the Council had before it this morning was to urge all parties to pursue immediately a peaceful resolution through direct political dialogue, to exercise restraint, to refrain from unilateral actions and inflammatory rhetoric that may increase tensions, and to engage fully with international mediation efforts. However, the referendum organized tomorrow in Crimea would seek to alter the status of this Ukrainian territory against the will of Ukraine. Were this referendum to take place, it would constitute a unilateral action which would carry the risk of very seriously destabilizing Ukraine and the entire region.

Under the Charter of the United Nations, the Member States of the UN have conferred on the Security Council primary responsibility for the maintenance of international peace and security. Today, the Russian veto has prevented the Security Council from assuming this responsibility in the interest of peace and security in Ukraine, in Europe.

The referendum organized in Crimea tomorrow is contrary to the Constitution of Ukraine, which states that the territory of Ukraine is indivisible and inviolable. The referendum is also contrary to the Constitution of the Autonomous Republic of Crimea. The international community shall not recognize its result by any means.

The referendum of 16 March forms part of a disastrous sequence of events. The decision taken on 1st March by the Federation Council of Russia to authorize the use of Russian armed forces on the territory of Ukraine and the actions undertaken on the ground since then constitute a flagrant violation of international law. These actions violate the commitments Russia has taken towards Ukraine under the 1994 Budapest Memorandum and under the Treaty on Friendship, Cooperation and Partnership signed in 1997 between Russia and Ukraine.

Had it been adopted, the draft resolution would have contributed to stop this disastrous sequence of events and the nationalistic build-up that goes with it.

Today’s vote is thus a setback. A setback for the Security Council and the United Nations. But also, and above all, a setback for Russia.

Would it be naïve to hope that, despite this setback, it would still be possible for us to find a peaceful outcome to this crisis, a crisis which Russia has imposed on Ukraine and the international community?

For its part, Luxembourg does not want to lose hope. Even if they have not borne fruit yet, diplomatic efforts must be pursued to reach a solution which respects the political independence, sovereignty, unity and territorial integrity of Ukraine, in the interest of peace, stability and prosperity in Europe.

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