Cyprus-Forum.com

[insan]

Supremacy of the law

THE Turkish Cypriot Chamber of Commerce declared in a lengthy policy statement this week that Turkish Cypriots want "a comprehensive solution within international law and the Annan Plan," but "without losing the communal rights we have won throughout the historical process."

The Chamber's demand that a settlement must be based on respect for international law is indeed most welcome, since it is also one of the basic demands of the Greek Cypriot side.

This convergence of views would greatly facilitate a settlement if it is also adopted by Turkey and the Turkish Cypriot political leadership.

It is regrettable, however, that at the same time the Chamber also insists that a settlement must be equally based on the controversial Annan Plan which has been rejected by the Greek Cypriot side, primarily because it violates fundamental human rights principles such as the refugees' right to return and to the restitution of their properties.

This right is backed fully by the judgements of the Human Rights Court of the Council of Europe and is thus an inviolate part of international law, which the TCCC says must be respected.

It follows that, while adopting a pragmatic approach on the need for respect for international law, the TCCC negates this completely by it's parallel demand for acceptance of the Annan Plan. This rejectionist approach is bolstered further by the TCCC view that the vision of the Turkish Cypriots is to reach a settlement ``without losing the communal rights we have won through the historical process.''

The reference to the ``historical process'' of course incorporates the recent upheaval in Cyprus resulting from the Turkish invasion, the consequent ethnic cleansing of the Greek Cypriot population of the north, the usurpation of refugee properties and their illegal distribution to new owners, including tens of thousands of settlers from Turkey introduced to the occupied north in violation of the Geneva Convention, a war crime additional to that of the ethnic cleansing of the Greek Cypriot population.

The illegality of the Turkish actions, not least the establishment of the breakaway Turkish Cypriot state in the occupied north, has been fully backed by the numerous UN Security Council resolutions as well as the Human Rights Court judgements.

The mere fact that the Turkish Cypriots voted in favour of the Annan Plan does not automatically legitimise the consequences of this series of war crimes, the consequent legitimisation of the breakaway state and numerous other illegal actions.

Recognition of the breakaway state, even as one of the two Cypriot "constituent states'" proposed by the Annan Plan can only come about if the illegal actions on which it is founded are recognised and corrected.

The Turkish Cypriot Chamber of Commerce needs to be commended for proposing that a settlement must be based on respect for international law. What does and what does not constitute compliance with the law, and inviolate Human Rights principles, has already been determined both by the Human Rights Court and the earlier Security Council resolutions.

So, let everyone concerned with the Cyprus problem stop playing self-serving political games.

The moment all concerned agree that a settlement must be based on respect for international law and human rights the problem is all but solved, except for transitional arrangements. Is it too much to hope that common sense may finally prevail?




Dashed hope

This hope, of a settlement based on full respect for the law, was dashed yesterday by Turkish Cypriot leader Mehmet Ali Talat in statements he made during his visit to the Hala Sultan Teke at Larnaca.

In what appeared like a clearly contradictory position, Talat insisted that while the Annan Plan is in full compliance with the EU acquis, a Cyprus settlement should not be sought on this perfectly legal basis.

The EU acquis is, of course, firmly based on full respect for the European Human Rights Charter, that fully guarantees equal rights for all EU citizens, including the right to move freely, settle and own property anywhere within the EU. These principles are fully backed by the judgements of the Human Rights Court which recognises the absolute right of all Greek Cypriot refugees to return and to regain their properties, something ruled out by the Annan Plan.

It is time this rigmarole came to an end.

Is respect for International Law and Human Rights supreme, or do the political considerations of the major powers backing the Annan Plan for the sake of satisfying Turkey take precedence?