CYPRUS

RIGHTS and FREEDOM ASSOCIATION

28 İbrahim Ramadan Sok. Lefkoşa KIBRIS --- 28 Ibrahim Ramadan Str. Nicosia – CYPRUS

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News Bulletin

10.01.20 01

Summary: A new `action plan` for the integration of the northern part of Cyprus with Turkey has created unease on both parts of the island. According to RADIKAL Turkish newspaper, the plan was approved by the National Security Council of Turkey on the 23rd of August 2000 and drawn up byShukru Sina Gurel, State Minister for Cyprus Affairs of Turkey.


A new `action plan` for the integration of the northern part of Cyprus  with Turkey has created unease on both parts of the island. According to  RADIKAL newspaper, the plan was approved by the National Security  Council of Turkey on the 23rd of August 2000 and drawn up by Shukru Sina  Gurel, State Minister for Cyprus Affairs of Turkey.   The detailed plan appeared in SABAH newspaper and NTV in Turkey and  Gurel confirmed that such a plan exists. Next week the partnership  Council of North Cyprus and Turkey is having a meeting in Ankara about the implementation of the plan and the opposition party CTP (Republican  Turkish Party) from North Cyprus declared that its representative will  not participate in this meeting, in protest of the integration plan.  If the plan is implemented, North Cyprus will be the 82nd district of  Turkey. According to SABAH newspaper, published in Turkey, the plan  foresees virtual integration of the northern part of Cyprus with Turkey  in every field, that is political, economic and social. The education  system of northern Cyprus will be `synchronised` to be part and parcel  of the education system in Turkey. Turkish Cypriots will be given  citizenship of Turkey and they will be able to get property there.   The Turkish Cypriot civil society, that has been working for peace and
  reconciliation on the island has reacted strongly to this plan. While  right wing political parties gave their support to integration of North  Cyprus with Turkey, opposition parties Republican Turkish Party (CTP)  and Patriotic Unity Movement) YBH both criticised the plan. In a  statement CTP said that such a plan will not bring any benefit to either  Turkish Cypriots or Turkey. In the statement CTP said that this plan  will endanger the existence of Turkish Cypriots on the island. Patriotic  Unity Movement (YBH) also stressed that the only way out for Turkish  Cypriots is the resolution of the Cyprus conflict and being a member of  EU. YBH also criticised Bulent Ecevit, the Prime Minister of Turkey.  Ecevit, earlier this week, said that `Even if Turkish Cypriots would  allow North Cyprus to be given to others, we shall not permit this.`  Meanwhile Turkish Cypriot trade unions also reacted to the integration  plan.   Civic initiatives, trade unions, NGOs and two opposition political  parties from the left, CTP and YBH have been campaigning with the slogan  `This country belongs to us` demanding that Turkish Cypriots should rule  themselves without outside intervention and that it should be Turkish  Cypriots, not others, who make decisions about their fate.   Tensions between Turkey and North Cyprus has been rising for the past  year when Turkey intervened in presidential elections in April 2000 and  sent an IMF styled socio-economic `package` to be implemented in North  Cyprus, despite protests and meetings where thousands of Turkish  Cypriots participated. The relationship was further strained when the  Commander of the TRNC security Forces, appointed by Turkey, attacked  civil authorities verbally, saying that the Turkish Cypriot police  cannot go under civil authorities. Political parties had created  consensus in changing the constitution last year, in order to bring the  police force under civil command. The Turkish Cypriot police force, at  the moment is under Turkish military control.   Another event that created tension between Turkey and North Cyprus was  the arrest of journalists writing in AVRUPA newspaper, an outspoken daily  published in North Cyprus, allegedly for spying for Greek Cypriots.  After an effective global campaign for their release, the journalists  were free. AVRUPA had been challenging the military authorities.  The integration plan, approved by the Council of Ministers of Turkey,  comes at a time when proximity talks for a just and viable solution to  the Cyprus conflict are due to start. There has been five rounds of  proximity talks in New York and Geneva, under the auspices of the UN and  the sixth round of talks were due to start in January. But the Turkish  Cypriot negotiator Rauf Denktash, in December last year, said he will not go  to these talks. The UN has been looking for ways to convince Denktash  but a date has not been set yet. Turkey, as a candidate member of EU, is  supposed to support the continuity of these proximity talks. The  Partnership Agreement for Turkey for EU membership candidacy was  disclosed at the end of last year and Turkey\'s contribution towards the  continuation of the Cyprus talks was one of the closes of this agreement  which created strong reaction in Turkey. Turkish public opinion stands  divided on the issue. While business elites see that the Cyprus conflict! must be resolved in order to become a member of EU, Reactionary forces  look at Cyprus as a `national issue`.

DOCUMENTS RELATING TO THE FOUNDING OF CYPRUS, INCLUDING THE TREATY OF GUARANTEE, 1959

[From Documents on International Affairs 1959 edited by Gillian King Oxford University Press, London, 1963]

1. DOCUMENTS REGARDING CYPRUS SIGNED AND INITIALLED AT LANCASTER HOUSE, LONDON, FEBRUARY 19, 1959

(A) BASIC STRUCTURE OF THE REPUBLIC OF CYPRUS

ANNEX I
A The defence questions subject to veto under Point 8 of the Basic Structure are as follows:-
(a) Composition and size of the armed forces and credits for them.
(b) Appointments and promotions.
(c) Imports of warlike stores and of all kinds of explosives.
(d) Granting of bases and other facilities to allied countries.
The Security questions subject to veto are as follows:
(a) Appointments and promotions.
(b) Allocation and stationing of forces.
(c) Emergency measures and martial law.
(d) Police laws. (It is provided that the right of veto shall cover all emergency measures or decisions, but not those which concern the normal functioning of the police and gendarmerie. )

(b) Treaty of Guarantee between the Republic of Cyprus and Greece, the United Kingdom and Turkey

The Republic of Cyprus of the one part, and Greece, the United Kingdom and Turkey of the other part:-
I. Considering that the recognition and maintenance of the independence, territorial integrity and security of the Republic of Cyprus, as established and regulated by the basic articles of its Constitution, are in their common interest;
II. Desiring to co-operate to ensure that the provisions of the aforesaid Constitution shall be respected:
Have agreed as follows:
ARTICLE 1
The Republic of Cyprus undertakes to ensure the maintenance of its independence, territorial integrity and security, as well as respect for its Constitution. It undertakes not to participate, in whole or in part, in any political or economic union with any State whatsoever. With this intent it prohibits all activity tending to promote directly or indirectly either union or partition of the Island.

ARTICLE 2
Greece the United Kingdom and Turkey, taking note of the undertakings by the Republic of Cyprus embodied in Article 1, recognize and guarantee the independence, territorial integrity and security of the Republic of Cyprus, and also the provisions of the basic articles of its Constitution. They likewise undertake to prohibit, as far as lies within their power, all activity having the object of promoting directly or indirectly either the union of the Republic of Cyprus with any other State, or the partition of the Island.
ARTICLE 3
In the event of any breach of the provisions of the present Treaty, Greece, the United Kingdom, and Turkey undertake to consult together, with a view to making representations, or taking the necessary steps to ensure observance of those provisions. In so far as common or concerted action may prove impossible, each of the three guaranteeing Powers reserves the right to take action with the sole aim Of re-establishing the state of affairs established by the present Treaty.
ARTICLE 4
The present Treaty shall enter into force on signature. The High Contracting Parties undertake to register the present Treaty at the earliest possible date with the Secretariat of the United Nations, in accordance vith the provisions of Article 102 of the Chapter.

(d) Declaration by the Government of the United Kingdom, 11 February

DECLARATION BY THE GOVERNMENT OF THE UNITED KINGDOM

The Government of the United Kingdom of Great Britain and Northern Ireland, having examined the documents concerning the establishment of the Republic of Cyprus, comprising the Basic Structure for the Republic of Cyprus the Treaty of Guarantee and the Treaty of Alliance, drawn up and approved by the Heads of the Governments of Greece and Turkey in Zurich on February 11, 1969, and taking into account the consultations in London, from February 11 to 16, 1969, between the Foreign Ministers of Greece, Turkey and the United Kingdom
Declare:

A. That, subject to the acceptance of their requirements as set out in Section B below, they accept the documents approved by the Heads of the Governments of Greece and Turkey as the agreed foundation for the final settlement of the problem of Cyprus.
B. That, with the exception of two areas at
(a) Akrotiri-Episkopi-Parmali, and
(b) Dhekelia-Pergamos-Ayios Nikolaos-Xylophagou, which will be retained under full British sovereignty, they are willing to transfer sovereignty over the Island of Cyprus to the Republic of Cyprus subject to the following e conditions:-

(i) the protection of the fundamental human rights of the various communities in Cyprus;
(ii) the protection of the interests of the members of the public services in Cyprus;
(iii) determining the nationality of persons affected by the settlement;
(iv) the assumption by the Republic of Cyprus of the appropriate obligations of the present Government of Cyprus, including the settlement of claims.

C. That the Government of the United Kingdom welcome the draft Treaty of Alliance between the Republic of Cyprus, the Kingdom of Greece and the Republic of Turkey and will co-operate with the Parties thereto in the common defence of Cyprus.

D. That the Constitution of the Republic of Cyprus shall come into force and the formal signature of the necessary instruments by the parties concerned shall take place at the earliest practicable date and on that date sovereignty will be transferred to the Republic of Cyprus.

The following rights will be necessary in connexion with the areas to be retained under British sovereignty:-

(a) to continue to use, without restriction or interference, the existing small sites containing military and other installations and to exercise complete control within these sites, including the right to guard and defend them and to exclude from them all persons not authorised by the united Kingdom Government
(b) to use roads, ports and other facilities freely for the movement of personnel and stores of all kinds to and from and between the abovementioned areas and sites
(c) to continue to have the use of specified port facilities at Famagusta;
(d) to use public services (such as water, telephone, telegraph, electric power, etc.);
(e) to use from time to time certain localities, which would be specified, for troop training;
(f) to use the airfield at Nicosia, together with any necessary buildings and facilities on or connected with the airfield to whatever extent is considered necessary by the British authorities for the operation of British military aircraft in peace and war, including the exercise of any necessary operational control of air traffic;
(g) to overfly the territory of the Republic of Cyprus without restriction;
(h) to exercise jurisdiction over British forces to an extent comparable with that provided in Article VII of the Agreement regarding the Status of Forces of Parties to the North Atlantic Treaty, in respect of certain offenses committed within the territory of the Republic of Cyprus:
(i) to employ freely in the areas and sites labour from other parts of Cyprus;
(j) to obtain, after consultation with the Government of the Republic Of Cyprus, the use of such additional small sites and such additional rights as the United Kingdom may, from time to time, consider technically necessary for the efficient use of its base areas and installations in Cyprus.

(e) Additional article to be inserted in the Treaty of Guarantee

The Kingdom of Greece, the Republic of Turkey and the Republic of Cyprus undertake to respect the integrity of the areas to be retained under the sovereignty of the United Kingdom upon the establishment of the Republic of Cyprus, and guarantee the use and enjoyment by the United Kingdom of the rights to be secured to the United Kingdom by the Republic of Cyprus in accordance with the declaration by the Government of the United Kingdom.

1 The agreement on Cyprus was aproved by the Greek Parliament on 28 February, by 170 votes to 118 by the Turkish Parliament on 4 March, by 347 votes to 139 with 2 abstentions, and by the House of Commons on 19 March with no division, after an opposition amendment criticising the Government's policy since 1954, had been defeated by 299 votes to 246. On 10 November 1959 agreement wns reached on the question of executive authority in the new constitution. On 13 December Archbishop Makarios was elected first President of the future republic ot Cyprus, he received 70 per cent of the votes. The state of emergency on the island ended on 4 December 1959.

OVERVIEW OF THE CONSTITUTION

The Republic of Cyprus was born in the early hours of 16 August 1960. On that date the Republic?s constitution was signed by the lst Governor of the Colony of Cyprus, Sir Hugh Foot, the Consul-General of Greece, George Christopoulos, his Turkish counterpart, Turel, and Archbishop Makarios and Dr. Fazil Kutchuk on behalf of the Greek Cypriot and Turkish Cypriot communities.

The range of signatories reflected the fact that the constitution of Cyprus did not emanate from the free will of its people, who were not consulted either directly or through their ad hoc elected representatives, but from the Zurich Agreement between Greece and Turkey. The terms of that agreement, outlined in the last chapter, were included in the constitution as fundamental Articles, which could not be revised or amended.

The constitution was drafted by the Joint Constitutional Commission created under Part VIII of the London Agreement of 19 February 1959. It comprised representatives of Greece, Turkey, the Greek Cypriot community and the Turkish Cypriot community. But the structure of the constitution again reflected the Zurich Agreement, with various provisions from the 1950 Greek constitution also incorporated along with the provisions of the European Convention of Human Rights in respect of fundamental rights and liberties.

Two main principles underpinned the constitutional structure agreed at Zurich. The first recognised the existence of two communities on the island - the Greek and the Turkish - who, despite their numerical disparity, were given equal treatment. The rights of Cypriots and other communities which made up the island?s population were conspicuously ignored.
The second principle, that of partial communal autonomy, aimed at ensuring the participation of each community in the exercise of government, and at avoiding the domination of the larger Greek Cypriot community in administrative matters. These two principles permeated the entire constitutional structure.

The Constitutional Structure

Under Article 1 of the constitution it is provided that Cyprus will be an independent and sovereign Republic with "a President who shall be Greek and a Vice-President, who shall be a Turk, elected by the Greek and Turkish communities of Cyprus respectively (Article 1).

Under the constitution the Greek Cypriot community comprises all citizens of Greek origin. This includes those whose mother tongue is Greek and those who share Greek cultural traditions or are members of the Greek Orthodox Church (Article 2 (1)). The Turkish community comprises all citizens of the Republic who are of Turkish origin, whose mother tongue is Turkish, who share Turkish cultural traditions or who are Moslems (ibid paragraph (2)).

Citizens of the Republic who did not come under the above provisions were given three months to exercise the option of becoming, for constitutional purposes, a member of the Greek or Turkish community. Under this arrangement the Armenian, the Latin and Maronite religious orders opted to belong to the Greek Community.

The 1960 constitution accorded equal status to the Greek and Turkish languages. All legislative, executive and administrative acts and documents, were to be drafted in both languages, while judicial proceedings were to be conducted and judgments drawn up in the language of the parties concerned (Art. 3 and 18C). In addition equal rights to fly the national flag of the respective mother countries (Art. 4) and celebrate the respective national holidays were granted (Art.5).

Both communities were given the right of maintaining a special relationship with Greece and Turkey, including the right to receive subsidies for educational, cultural, athletic and charitable institutions, and of obtaining and employing schoolmasters, professors or clergymen provided by the Greek or Turkish government (Art. 108).

The entrenched communal character of the constitution was confirmed by the voting systems. All elections were to be conducted on the basis of separate communal electoral lists (Art. 63 and 94) and separate voting (Art. 1, 39, 62, 86, 173, and 178). A Communal Chamber exercising legislative and administrative power on certain restricted communal subjects - such as religious affairs, educational and cultural matters, and over communal taxes and charges levied to provide for the needs of bodies and institutions under the control of the Chamber (Art. 86 to 90) was established for each community.

The establishment of separate municipalities for the Greek and Turkish inhabitants in five of the six largest towns was provided by Article 173, while in other localities special provisions were made for the constitution of municipal organs in accordance, as far as possible, with the rule of proportional representation of the communities. However, for town planning purposes the establishment of planning authority comprising seven Greek and three Turkish members was permitted. The authority?s decisions were to be taken by an absolute majority though no decision could be taken in respect of a Greek or Turkish community without the support of at least four or two of the community?s members of the Authority (Article 176).

The main organs of the Republic

The same distinctions between the two communities were adopted with regard to the organs of the Republic exercising political and other State powers.

Executive power

The Zurich Agreement set out the framework of executive authority in the new Republic, though with significant loopholes. In the event of the temporary absence or incapacity of the President, the Agreement stipulated that the President of the House of Representatives, who was to be a Greek Cypriot would take over. The Vice-President of the House, a Turkish Cypriot would play a similar role in relation to the Vice-President. The Agreement also stipulated that the President would appoint seven Greek Cypriot Ministers and the VicePresident three Turkish Cypriot Ministers. However, the Zurich Agreement was unclear as to whether the Vice-President would have the same powers in every respect as those of the President. This matter was tackled by the Joint Constitutional Commission. After long and hard negotiations, the Commission agreed that the President should be Head of State enjoying the authority to receive the credentials of diplomatic representatives, to sign the credentials of the diplomatic envoys, to confer honours and to represent the Republic in all its official functions (Article 37). The Vice-President, as Vice-Head of State, was to be entitled to be present at all such official functions (Article 39). Apart from his official functions, the President was also given the right to prepare the agenda for, convene and preside over meetings of the Council of Ministers (Articles 55 and 56). The Vice-President was given the right to suggest subjects for inclusion in the agenda, propose the convening of meetings and to attend. Neither the President nor the Vice-President were given the right to vote at such meetings (Articles 48(b) and 49(b)).

Although the President and the Vice-President of the Republic were not granted executive power except on the specific matters stipulated in Articles 47, and 49 of the Constitution, where they had a right to act either jointly or separately, they did enjoy the right to "ensure the executive power?. For this purpose they were jointly responsible for establishing a Council of Ministers (Article 46), with the Ministry of Foreign Affairs, the Ministry of Defence or the Ministry of Finance being entrusted to a Turkish Cypriot. The President and the Vice-President were also given the right to terminate the appointment of any Minister designated by themselves. (Article 59).

The President and the Vice-President of the Republic were granted considerable authority in relation to the legislature, including either conjointly or separately, a right of final veto on any law or decision of the House of Representatives relating to foreign affairs, defence and security (in areas stipulated in Article 50). Furthermore, they have, either separately or conjointly, the right to return any law or decision of the House of Representatives (Article 51.2), or any decision of the Council of Ministers (Article 57.2).

The President and the Vice-President of the Republic are required to promulgate a law or decision of the House of Representatives by publication in the official Gazette of the Republic within 15 days of notification unless they choose to exercise their right of veto, their right to return the legislation or to refer it to the Supreme Constitutional Court for a ruling on its constitutionality (Articles 138, 140 and 141). Finally, the President and the Vice President of the Republic exercise the prerogative of mercy, the right of remission, commutation or suspension of any sentence in respect of members belonging to their respective Communities (Article 53).

The main organ for the exercise of the executive power under the 1960 Constitution is the Council of Ministers, which enjoys all the residuary of executive power other than that specifically reserved for the President and the Vice-President of the Communal Chambers.

Legislative Power

The legislative power of the Republic is exercised by the House of Representatives in all matters not expressly reserved for the Communal Chambers (Art. 61). The 1960 Constitution stipulated that there should be 50 Deputies of which 70%, that is to say 35, were to be elected by the Greek Community and 30% that is to say 15, by the Turkish Community. The Deputies are elected for five years (Article 62 and 65.1).

Under the 1960 Constitution, the President of the House of Representatives was to be a Greek Cypriot elected by Greek Cypriot Deputies, and the VicePresident a Turkish Cypriot elected by Turkish Cypriot Deputies. Both were to be elected separately at the same meeting, following an election. In case of vacancy in either office an election was required to fill it. In the case of temporary absence or incapacity of the President or the Vice-President of the House, their functions were to be performed by the eldest Deputy of the respective community (Article 72). In the composition of any parliamentary committee, the proportional representation of the two communities (Article 73) was to be adhered.

A simple majority vote of the Deputies present is required for laws and decisions passed by the House of Representatives under the 1960 Constitution, except in the case of modification of the Electoral Law, the adoption of any law relating to the municipalities or of any law imposing duties or taxes. In such cases a separate simple majority of Greek Cypriot and Turkish Cypriot Deputies is required (Article 78).

Judicial Power

The administration of justice is exercised by the island?s separate and independent judiciary. Under the 1960 Constitution and other legislation in force the following judicial institutions have been established:-

The Supreme Court is composed of thirteen judges one of whom is the President of the Court.

The Supreme Court adjudicates on all matters of constitutionality of legislation referred to it by the President of the Republic or arising in any judicial proceedings including complaints that any law or decision of the House of Representatives or the Budget is discriminatory; also on matters of conflict or contrast of power or competence between state organs and questions of interpretation of the Constitution in cases of ambiguity.

The Supreme Court is the final Appellate Court in the Republic and has jurisdiction to hear and determine appeals in civil and criminal cases from the Assize Court, District Courts as well as appeals from decisions of its own judges when sitting alone in the exercise of original and revisional jurisdiction of the Supreme Court.

It is also vested exclusively with Administrative Law revisional jurisdiction in connection with administrative or executive acts, decisions or omissions; the relevant remedy is by way of a recourse for annulment.

The Supreme Court, moreover, exercises original jurisdiction as a Court of Admiralty.

In its original jurisdiction the Supreme Court deals also, exclusively with proceedings for the issue of orders of habeas corpus, mandamus, prohibition, quo warranto and certiorari.

The public service of the Republic under the 1960 settlement was to comprise 70% of Greek Cypriots and 30% of Turkish Cypriots. A Public Service Commission consisting of a Chairman and nine other members - seven Greek Cypriot and three Turkish Cypriot - appointed for a term of six years by the President and the Vice-President of the Republic, was also created. The Commission was given responsibility for allocating public office between the two Communities and appointing, promoting, transferring and retiring staff as well as exercising disciplinary control, including dismissal and removal from office. (Articles 122-125).

The definition and protection of fundamental human rights and liberties was catered for in the London Agreement rather than the Zurich Agreement. Article 5 of the Treaty of Establishment of the Republic undertook to secure for everyone within its jurisdiction, human rights and fundamental freedoms comparable to those set out in Section 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, to which Cyprus is a party.

Part II of the Constitution sets out a broad range of human rights, including all eighteen rights provided by the European Convention and its Protocols. These cover both individual and social rights such as the right to life, prohibition of torture or inhuman or degrading treatment or punishment, prohibition of slavery or forced or compulsory labour, the right to liberty and security of person, the fair and public hearing of civil and criminal trials, the right to privacy, the right to marry, the freedom of thought and expression, the right to property, the right to education and the right to effective remedy. Other rights include the right to a decent existence and social security, the right to work, the right to enter into any contract, the right to form and join trade unions, the right to strike, the right to address written petitions or complaints to the competent authorities for a remedy, and the right of equality before the law. Justice is guaranteed to any person without any direct or indirect discrimination. (Article 28).

Like many modern constitutions, that of the Republic provides for individual duties, such as the duty to contribute to the public burdens (Article 24.1) and the duty to serve a military service (Article 10.3 (b), in addition to individual rights and liberties.

Legislative, executive and judicial authorities of the Republic are bound to secure within the spheres of their respective competence the efficient application of the provisions relating to fundamental rights and liberties. These rights cannot be regulated or restricted except by a law, or for purposes expressly set out in, for instance, where security of the Republic, constitutional order, public safety, public order or public health is threatened. Remedies for the enforcement of the fundamental rights are provided in the Constitution.

Annexed to the Zurich Agreement and the constitution are two draft Treaties, the Treaty of Guarantee and the Treaty of Alliance, concluded between the Republic and other countries. Under the former, the Kingdom of Greece, the Republic of Turkey and the United Kingdom agreed to guarantee the territorial integrity and the Constitution of the Republic, becoming Guarantor Powers for the island. The Treaty of Alliance between the Republic of Cyprus the Kingdom of Greece and the Republic of Turkey was a military alliance agreed for defence purposes.. It is worth noting in the context of Cyprus? later history that under Article 185 of the Constitution the territory of the Republic is one and indivisible and the complete or partial union of Cyprus with any other state is expressly excluded.

With the exception of articles contained in Annex III, any other provision of the Constitution could be amended by a law passed with a majority comprising at least two-thirds of the total number of the Deputies belonging to both communities (Article 182.2 and 3)

EXECUTIVE

Cyprus is an independent sovereign Republic with a presidential system of government.
Under the 1960 Constitution, executive power is vested in the President of the Republic, elected by universal suffrage to a five-year term of office. The President exercises executive power through a Council of Ministers appointed by him. The Ministers may be chosen from outside the House of Representatives.

Makarios - Denktas High - Level Agreement February 1977

The 10 - Point Agreement of 19 May 1979

Following is the text of the agreement between the president of the Republic, Mr Kyprianu and the Turkish Cypriot leader, Mr Denktash, concluded on 19 May 1979 during a meeting under the auspices of the UN Secretary-General Dr Waldheim: