by halil » Wed Dec 10, 2008 7:55 pm
HOPPALA YAVRUMİ HOPPALLA ...................
another perspective ......................
Annan Plan for the Comprehensive Settlement of the Cyprus Problem
Although the Annan Plan was first submitted in November 2002[1] as a "basis for agreement on a comprehensive settlement", it has been revised several times until the UN had submitted the final and fifth version of the plan in March 2004.
The first part of the plan regards the new state of affairs in Cyprus. The plan starts with a common statement by both sides that "Cyprus is our common home and we were co-founders of the Republic established in 1960".[2] This important declaration is in fact a mutual recognition by both the Republic of Cyprus and the TRNC. The plan proposes a new state, with elements of both federation and confederation according to the Swiss model[3] that shall consist of three sovereignties:
The United Cyprus Republic is an independent state, with a federal government and two equal constituent states, the Greek Cypriot State and the Turkish Cypriot State.
The Greek-Cypriot constituent state would administrate 70.8% of the island, while the Turkish-Cypriot state 29.2%.[4] The United Republic shall be, of course, a full member of the United Nations and act with its own legal personality and sovereignty.[5] The new Republic of Cyprus will join the European Union and fulfill its obligations as a member state, and is "looking forward to the day when Turkey does likewise".[6] As to the role of the constituent states, the plan determines that the cooperation between the constituent states and the federal government will rely mostly on constitutional laws approved by the federal Parliament and both constituent state legislatures.[7] The constituent states, being of equal status, are to organize themselves freely under their own constitutions and in particular, shall participate in the formulation and implementation of policy in external relations and European Union affairs on matters "within their sphere of competence, in accordance with Cooperation Agreements modeled on the Belgian example".[8] In reference to the "Belgian Example", the meaning is of independent commercial and cultural relations with the outside world (in accordance to the constitution).[9]
The second part of the plan regards issues on citizenship, residency and identity. In relation to citizenship, it is stressed that "there is a single Cypriot citizenship", for residents of both constituent states. In addition to this, there shall also be an "internal constituent state citizenship status". [10] The question of residency is considered one of the most sensitive issues in the conflict altogether. The plan legitimizes, to a large extent, the permanent citizenship of the Turkish settlers, brought by Turkey to the TRNC since 1974.[11] Direct legitimization is provided for 45,000 settlers and all those who married Turkish Cypriots or were born in Cyprus (approximately 20,000).[12][13]. It is notable, that no provision is made for the withdrawal of the rest of the settlers, and no further explanation is given as to immigration laws after the period of 19 years (or Turkey's accession). In addition to this, the plan offers that for a period of 19 years (or until Turkey’s accession to the European Union, whichever is earlier), "Cyprus may limit the right of Greek nationals to reside in Cyprus if their number has reached 5% of the number of resident Cypriot citizens holding Greek Cypriot internal constituent state citizenship status, or the right of Turkish nationals to reside in Cyprus if their number has reached 5% of the number of resident Cypriot citizens holding Turkish Cypriot internal constituent state citizenship status"
The third part of the plan regards issues on fundamental rights and liberties. Although proclaimed to follow fundamental freedoms and basic human rights, the Annan Plan includes limitations of the freedom of movement and freedom of residence. Under this policy, restrictions are put on the number of Greek Cypriots that may reside in the Turkish Cypriot constituent state and vise versa: "for a transitional period a constituent state may, pursuant to Constitutional Law, limit the establishment of residence by persons hailing from the other constituent state".[14] It is notable, though, that according to the plan these and other restrictions nearly cease to exist after Turkey joins the European Union, or after a period of nineteen years. Theophanous claims, in contrast, "in the long run the constrictions will only be eased, but not completely phased out"[15]
The fourth part of the plan regards issues on the Federal Government and the Supreme Court of the new Republic of Cyprus. The federal Parliament is composed of two chambers, the Senate and the Chamber of Deputies, each consists of 48 members.[16] As to the proportions, while the Senate is composed of an equal number of Greek Cypriots and Turkish Cypriots, the Chamber of Deputies shall be composed in proportion to the citizenship status of each constituent state, with a restriction of each constituent state shall be attributed no less than one quarter of seats.[17] Decisions of Parliament will require a simple majority approval of both chambers, including one quarter of voting Senators from each constituent state. Special majority of two-fifths of Senators from each constituent state shall be required upon select issues. The Presidential Council will be composed proportionally to the number of citizens in each state.[18] In order to prevent favoritism and compulsion in important decisions, especially issues concerning the European Union and foreign policy, it has been determined that the heads of the Departments of Foreign Affairs and European Union Affairs "shall not come from the same constituent state".[19] As to the question of presidency, the plan suggests that it the council "shall elect two of its members not hailing from the same constituent state to rotate every twenty months in the offices of President and Vice-President of the Council".[20] The new Republic of Cyprus Supreme Court will consist of an equal number of judges from each constituent state, and three non-Cypriot judges.[21] This structure has been criticized heavily, relating mainly to the fact that in a situation of a deadlock and complete disagreement between the judges from the two constituent states, the foreign judges will take the final decision.[22] This has naturally, as Sholomo Avineri says, given rise to fears of bribery and preference in the decision making process.[23]
The fifth part of the plan regards issues on Demilitarization, Security and Foreign troops. This is one of the most controversial issues in the conflict, and thus treated "with silk gloves". Generally, the Annan Plan determines that all the Cypriot forces shall be disbanded, and troops from Turkey and Greece will remain on the island for an undetermined period of time.[24] The plan does, however, include a specified and complex timetable for graduated withdrawal of Turkish and Greek armies from the Island. Eventually the Greek contingent shall not exceed 950 troops of all ranks and the Turkish contingent not to exceed 650 troops of all ranks after 2018 or the European Union accession of Turkey, whichever is sooner.[25] A United Nations peacekeeping operation will be assigned to monitor the implementation of this agreement. To promote peace on the island, the plan suggests prohibiting all weapons except licensed sporting guns as well as the use of Cypriot land to any international military operation, with the exception of both Turkish and Greek agreement (once more, until 2018 or Turkey's accession to the EU).[26]
Last but definitely not least is the question of properties - also one of the most controversial issues in the conflict, the Annan Plan offers an "independent, impartial Property Board, governed by an equal number of members from each constituent state, as well as non-Cypriot members"[27] to deal with the compensations and the property claims from both sides. In general, the plan suggests restitution of properties in the future Greek-Cypriot administration, yet legitimizes, to a great extent, the Turkish-Cypriot occupation of Greek-Cypriot lands.[28] According to the plan, land that will not be returned to its legal owners shall grant the legal owner a right for compensations.[29] These compensations shall consist of one-third compensation bonds and two-thirds of shares in a property fund (to be established).[30] The bonds will be guaranteed by the federal government and will bear interest for 25 years. There has been some criticism of this arrangement on the behalf of the international economic community, claiming that the plan "does not contain serious economic thought".[31] Even if the compensations do partially correct the injustices of 1974, one should point out that the main financer of the compensations is the new Federal Government of the Republic of Cyprus, thus – the Cypriot citizens themselves.[32] And, upon the application of this plan, all recourses against Turkey regarding properties are withdrawn.
Together with all the above steps of the Annan Plan, a Reconciliation Commission shall be established, with a goal of promoting understanding, tolerance and mutual respect between Greek Cypriots and Turkish Cypriots.[33]
