Cyprus-Forum.com

[turkcyp]

Roadmap to turn back to 1960 constitutional order. I have written this in 20 minutes so feel free to tear it up into pieces and make any changes and additions.

The following plan will be put into referendum just like the Annan plan and will be implemented if only it is accepted by both communities, and if rejected by any of the communities then will be considered null and void.

1) In 1 year after the referendum, if the plan is approved, new elections will take place in RoC, as it is agreed by 1960 constitutional agreements.
2) This new government will act like transitional government where normalization of relationship between communities will take place. During this first 5 years, everything from property problem to reforming 1960 constitution will take place.
3) Immediately the after the elections new Supreme Court of Cyprus will be appointed as it is laid out in 1960 constitutional agreements, from one GC, one TC and a foreign judge.
4) This Supreme court will start looking into all the laws that has been passed in the RoC after 1963, and evaluate them to see if they are compatible with the constitution.
A) If the laws are deemed constitutional they will be sent back to the approval of newly elected TC MPs (if that kind of approval is necessary) and will be sent back to newly elected VP to approve them. When they are approved they will become law.
B) If the laws are found to be unconstitutional then they will be sent back to the newly elected parliament to be discussed and changed and made it suit to the constitution.
5) Immediately after the election there will be established a joint committee from the newly elected parliament to discuss any changes to 1960 constitutional agreement. Before the end of the term of the parliament this commission will give its constitutional amendment to approval to parliament, and president and VP, and the procedure to change the constitution will continue. In this commission all issues not liked by GCs and TCs from 1960 constitution will be discussed and tried to be agreed on. Of course if each side is not happy with the commissions work they can introduce their own amendment proposals to parliament.
6) After the referendum before the 1 year new elections, there will be conducted a census on both sides of the island. This census will serve as a benchmark of who will be the citizens of RoC that will vote in the coming elections.
A) All GCs and TCs that are citizen of RoC before 1963, will be accepted citizen.
B) All offspring of (a) will be accepted as citizen
C) All those are married to (a) and (b) will be accepted as citizen.
D) All who are not (a), (b), and (c) will be accepted as citizen if the have the following conditions
- They are born on the island
- The have lived here minimum of 18 years.
- On the time of referendum they were residing on the island.
E) All other people will be given permanent residency (not citizenship, like green card of USA but without guaranteed citizenship rights), if they satisfy the following conditions.
- They have lived on the island more than 18 years.
- On the time of referendum they were residing on the island
F) After the referendum if these people choose to apply to gain citizenship of the RoC, they can do so only after the transitional first term of the parliament is over, and can only do so with the laws of RoC at that time, and are no way guaranteed a citizenship.
G) All other people that do not have a legal status on the island (illegal workers on both sides of the island) will be deported at the end of transitional period unless their skills are necessary for some job function deemed necessary by the new RoC.
7) Property issue will be solved as follows.
A) After the referendum there will be set a property commission.
B) Everybody that claim to be a refuge will apply to this commission to get his/her property back.
C) If the property they want back is used by another refugee, and if that property is used as primary dwelling place (i.e. residential building) than new owner will get to keep the property, provided that he/she pays the original value of the property back to old owner.
D) If (c) happens the old refugee that lost his land to new refugee will get to have a new residential building in the same village equaling to the amount he had left behind, if he wants it if not he can simply take his money and build a house anywhere else she wants on the island.
E) If the property which is asked back is farm land (not commercial and residential) then the old refugees can get his/her all of its property back.
F) If the property is a commercial property and there have been substantial investment in the property, then the new owner will keep the commercial property provided that he pays back the original value of the.
G) If in any case the new owner who was a refugee can not pay the original price of the property he want to keep he has to leave the property to old owner unless they both voluntarily settle on a new price.
H) Turkey, Greece, and other foreign governments will set up a fund to be used as supply for mortgage markets in the island for the above reasons, at low rate (LIBOR) and long term (20 year or more).
I) The fund set up in (H) will be used for anybody that has to live a property for the above reasons and also has to buy the property for above reasons.
J) Anybody that was not a refugee can only keep the property they hold only if they voluntarily agree a price with the old owner. If they can not they will have to leave the property at the end of transition period.
K) Any property that is used by the TRNC will be transferred to TC communal chamber if it is appropriate and necessary and will be transferred to RoC if it appropriate and necessary, provided that true value of it paid to old owner
L) Any property owned by current RoC will be transferred to GC communal chamber if it is appropriate and necessary and will be transferred back to new RoC if it is appropriate and necessary, provided that true value of it is paid to old owner.

[garbitsch]

I heard from several Greek members of this forum that they are against the idea of "veto power" being granted to the G.C President and T.C vicepresident. I wonder if they still insist that this power should be abolished.

[Saint Jimmy]

Turkcyp, I like it.
Two quick observations:
a) How acceptable do you think such a proposal would be amongst TCs, as the 1960 Agreements do not provide for bizonality? Is that not a major demand of the TC community?
b) What happens in case a GC refugee has left behind farm land, which has been built on, in the meantime?

Garbitsch, I wouldn't object to returning to the original 1960 agreements, with everything they provided (that includes the TC VP's veto powers) - especially as there will supposedly be a committee to discuss proposed amendments.

[Piratis]

I expect nothing. I fear no one. I am free. Kazantzakis

Thats one of my favorite quotes

Turkcyp, in general it seems ok. Can you explain this a bit more:

K) Any property that is used by the TRNC will be transferred to TC communal chamber if it is appropriate and necessary and will be transferred to RoC if it appropriate and necessary, provided that true value of it paid to old owner
L) Any property owned by current RoC will be transferred to GC communal chamber if it is appropriate and necessary and will be transferred back to new RoC if it is appropriate and necessary, provided that true value of it is paid to old owner.

The only point I disagree is this:

This Supreme court will start looking into all the laws that has been passed in the RoC after 1963, and evaluate them to see if they are compatible with the constitution.

I agree for the 63-74 period. However after 74 there was an emergency situation due to the occupation. The same way that "realities" will necessarily force some land redistribution, I believe that some things in the 74-2005(?) period should be accepted as realities also that can not be reversed. (EU membership for example)

[turkcyp]

Turkcyp, I like it.
Two quick observations:
a) How acceptable do you think such a proposal would be amongst TCs, as the 1960 Agreements do not provide for bizonality? Is that not a major demand of the TC community?

Hey that we will find out in referendum. I am just writing my opinion here.

b) What happens in case a GC refugee has left behind farm land, which has been built on, in the meantime?

If a farm land is used a residential building then it goes as a residential building. The current use of building is important because that is the only way we can minimize creating new refugees in year 2005.

Turkcyp, in general it seems ok. Can you explain this a bit more:

K) Any property that is used by the TRNC will be transferred to TC communal chamber if it is appropriate and necessary and will be transferred to RoC if it appropriate and necessary, provided that true value of it paid to old owner
L) Any property owned by current RoC will be transferred to GC communal chamber if it is appropriate and necessary and will be transferred back to new RoC if it is appropriate and necessary, provided that true value of it is paid to old owner.

For example roads, harbors, police stations will be transferred to ROC by both governments. Schools, courts, hospitals (I think health services was managed by community chambers in 1960 I may be wrong though) will be transferred by the governments to each community chambers.

Any building that is used by RoC/TRNC that was supposed to be the function of GC/TC communal chambers will be transferred to GC/TC communal chambers respectively.

The only point I disagree is this:

“This Supreme court will start looking into all the laws that has been passed in the RoC after 1963, and evaluate them to see if they are compatible with the constitution.”

I agree for the 63-74 period. However after 74 there was an emergency situation due to the occupation. The same way that "realities" will necessarily force some land redistribution, I believe that some things in the 74-2005(?) period should be accepted as realities also that can not be reversed. (EU membership for example)

Hey I do not know the full details of laws that has been passed by RoC in the last 30 plus years since 1974. But there may be laws that TCs would object fiercely (again I do not know full detail) like size or RoC army, and all the weapons they have bought. You are not expecting us to accept everything you have done in the last 30 some years blindly I hope.

And furthermore how can it be possible even if a law is made after 1974 to be against constitution. It has to be corrected if it is. That is the basic element of any legal state. If anything is against constitution you have to change it.

Also constitution asks for TC approval either as MP or VP or sometimes both. This has to be done id they are to be deemed legal and constitutional. Trust me, to my dismay, majority of TCs would approve EU membership anyway, if that is your concern. Plus I do not see many laws that GCs had passed that will be rejected by TCs, unless they are against TC interests bluntly.

[turkcyp]

Continuing to write down the roadmap.
8 ) After the referendum, if it approved, Turkish Army, Greek Army and United Nations forces will start to leave the island the withdrawal to be completed in the transition period.
A) Turkish Army will be reduced to 650 as specified in guarantee agreement
B) Greek Army will be reduced to 950 as specified in guarantee agreement
C) UN forces will be the last to leave but will leave nevertheless.
D) National guard, all other GC army units, and TC army units will be reduced to 1960 agreed levels.
E) All the weapons in the houses of GCs will be collected back, and all the weaponry system that is not used will be either sold to third parties or will be demolished.
F) All the mined areas will be cleaned during this transitional phase.

[magikthrill]

I agree for the 63-74 period. However after 74 there was an emergency situation due to the occupation. The same way that "realities" will necessarily force some land redistribution, I believe that some things in the 74-2005(?) period should be accepted as realities also that can not be reversed. (EU membership for example)

Otherwise wouldnt this mean that Cyprus can no longer be part of the EU since according to the constitution the RoC can only be part of an organization in which both Turkey and Greece are a part of.


Oops already discussed.


This would require of course an amendment to the constitution. Generally articless concerning Turkey, Greece and the UK should be given low concern if not eliminated completely.

[boulio]

there has to be a mechanism for the right to intervention,if some schizo g/c kills a t/c boy or some drunk t/c kills a g/c girl there cant be a unilatteral intervention,and if there is a intervention things must be restored to before,not the same thing all over again.

[insan]

I second your road map, turkcyp. It seems fair and balanced for both sides. If you can spread it to the Cypriots and all relevant parties; you may get their support as well. All you need is spreading this road map via mass media and get the reactions of concerned parties. Perhaps they forget about the Annan Plan and focused upon your road map to create a brand new unification plan. Nevertheless, I'm sure that the same GCs will oppose political equality of TC community. Can you hear the voice of Tassos, his team and his ultra-partisan supporters?
-"%18 and %82 cannot be politically equal on all legislative and judicial matters!"

[Alexandros Lordos]

I like it also, Turkcyp. You've done a very thorough job with this.

(by the way, my apologies for disappearing recently - I've just had a new baby and, well, the rest is obvious )

I agree also that returning, in some way, to the 1960 agreements is a much more effective way of satisfying each side's concerns than the bulky system of a BBF.

My own personal concern is the fact that the treaty of guarantee remains, foreign troops and intervention rights are endorsed through referenda and made permanent. Otherwise, the fact that we avoid a geographical split (as we inevitably would in any version of the BBF model) is rated as highly positive.

Frankly, I am not sure what I would vote in a referendum over this proposal - I am ambivalent over it. Since you are interested to understand the GC mindset, let me reveal the following thought I often catch myself making: "If the price of re-unification is that Turkey (and others) will have the right to intervene in our affairs, then perhaps partition is better". It is like when someone gets married, and the wife-to-be places a condition that her mother should have a key to the house, so that whenever the couple quarrels the mother will have the right to come into the house and put things in order. Is it not understandable if the husband-to-be thinks: "Emm ... if this is the price for getting married, then I would prefer to stay single"

What I woud amend from your roadmap, is that the "provisional return to the 1960 constitution" should include a summit agreement between the RoC, Greece, Turkey and the UK, in which the security aspect is re-examined, leading to a new treaty: A "protection pact" if you like, since the phrase "treaty of guarantee" has been thoroughly discredited in the GC mindset. I am not sure what the content of this new treaty will be, but it has to be phrased in such a way as to remove the elements that make the GCs insecure, without making the TCs insecure in the process. It will certainly have to spell out the precise responsibilities of the guarantor powers during the transitional period.

The referenda should only be held when the protection pact has been agreed on, and this pact will only be valid if approved in the referenda, along with the return to the 1960 constitution.

(Oh, by the way, I suggest you test your proposal in a survey of GCs and TCs before going public with it - this will give you a lot more credibility, especially if the survey result is positive. Otherwise, those who dislike your ideas will seek to label you as an "eccentric" and heat up the bizonality propaganda in order to neutralise your ideas)