PILPG Ukraine Drafting Notes: Observers

Observers

During peace negotiations with Russia, the role of observers in post-war Ukraine could be an issue discussed.  Unlike peace agreement monitors and guarantors, which focus on the implementation of and compliance with the peace agreement, observers could be tasked with focusing on certain aspects of the post-conflict recovery in Ukraine.  Observers generally adopt a more passive role than international administrations that are tasked with interim governance. 

When negotiating the question of observers in Ukraine, the following considerations might need to be taken into account:

• Types of Observers:  Observers could be deployed in various roles, each with specific mandates designed to ensure compliance with international law and facilitate post-conflict recovery.

• Reporting:  Reporting of observers’ findings could be directed to Ukraine and Russia directly, made public, and/or shared with international organizations for further deliberation.

Types of Observers

• Human Rights Observers:  Such observers could be responsible for documenting human rights and humanitarian law violations and reporting on the treatment of civilians, including displaced persons, former combatants, and other vulnerable or marginalized groups .  The UN Office of the High Commissioner for Human Rights (OHCHR) and/or other UN agencies, as well as civil society organizations commonly perform such functions. 

• Election Observers:  Elections observers could be tasked with monitoring post-war elections in Ukraine or specifically in the occupied territories.  Ukraine could decide to deploy observers from OSCE Office for Democratic Institutions and Human Rights (ODIHR), European Union Election Observation Missions, or civil society organizations to verify the legitimacy and transparency of any referenda or elections held as part of a political settlement. 

• Reconstruction and Development Observers:  Observers can also be entrusted with overseeing any reconstruction efforts to ensure efficient use of financial aid and prevent corruption.  This may be particularly relevant where international aid or reparations from Russia are the primary source of funding for reconstruction.  This type of observation could be performed by the World Bank, European Bank for Reconstruction and Development (EBRD), United Nations Development Programme (UNDP), international anti-corruption bodies, and/or civil society organizations.

Reporting

• Direct Reporting to Ukraine and Russia:  Observers could send reports directly to both Ukraine and Russia through secure, diplomatic communication channels.  These reports would be focused on findings that both parties need to be aware of, like ceasefire violations or troop movements.

• Public Reporting:  Observer findings could be made public through official statements, reports, or press releases that highlight key observations such as violations of agreements, civilian impacts, or humanitarian conditions.  These reports could be available for international scrutiny and awareness.

• Sharing with International Organizations:  Observers could send regular, comprehensive reports to international organizations like the United Nations, the OSCE, or the European Union.  These reports could be used to inform decisions on sanctions, peacekeeping missions, or diplomatic efforts.

• Combined Approach (Direct, Public, and Shared):  Observers could submit findings both privately (directly to Ukraine and Russia) and publicly (via press releases or websites) at the same time, ensuring that both governments are informed while maintaining transparency for the international community.  In some cases, certain sensitive reports could be shared privately first with Ukraine and Russia for diplomatic discussions, followed by a public release once those talks have taken place. This could balance confidentiality and transparency.