halil wrote:In short,Sovereignty devolved on Cyprus in 1960 through a joint exercise of self-determination by the two communities and reposed in them jointly.There was no basis on which it could be said that either of the two communities was sovereign and other was not or that one community enjoyed sovereignty or legal control over other.
This constitutional arrangment ,apatly described as ''functional federation'' of two distinct national and poltical communities that happened at that time to live interspersed,is not without parellel in international experince.In Belgium for example,where the flemish-speaking community constitutes about 60% of the population and french-speaking community about 40%the constituation stipulates that the cabinet must be equally divided among Flemish and french ministers and that certain laws cannot be passed without seperate majority votes by each national group in each chamber of the legislature.See articles 1, 38bis and 86bis of the Belgian Constituation.In addition ,the constitution quarantees to the Flemish,French,and German-speaking communities the right to legislate sepertely on matters of personal status,language,social life and education article 59 bis as ammanded in 1980 and 1988.
Begining with the GC president!s attempt in 1963 to amend the constitution to eliminate the polt,cal equality of TC community,the unity that should have marked the operation of constitution was broken.Upon the unilateral denunciation by the GC community of the legal basis on which the joint exercise of sovereignty by 2 communities in cyprus was predicated,the constitution of 60 self-evidently ceased to be operative and the ''ROC'' as constituted by the 2 communties ceased to exist.From 1964 onwards the 2 communities developed increasingly seperate political and economic administrations and settlements,a process which culminated in 1975 with complete regrouping of the 2 communities in cyprus into two geographically and administratively separate areas. a situation which is reflected in the exchange of population agreement of 2 august 1975.This fundemental condition was recognized in 1974 by the foreign ministers of Bratain,Greece and Turkey in their Geneva Declaration of 30 July in which jointly called for''The reestblishment of constitutional goverment of Cyprus'' and ''an immediate return to constituational legitimacy'' In doing so,
The ministers noted that existence in practice on ROC of two autonomous adminstration,that of the GC community and that of thr TC community.
letter will continue
Here is the more from rest of the letter ...........
The''ROC''being no longer constitutionally or factually able to exercise sovereignty over the whole island was divided and thereafter reverted to authority actually control of each of the two territories:The Gc community in the south and The TC community in the north.
The fact that GC community in the south has continued to operate under the title ROC is no more than a matter of nomenclature;it does not and canot accord the Gc community a sovereignty in the north which it does not have the power to exercise.Nor can any such sovereignity result from any international recognition of the GC community as the ''ROC''correspondingly,The presence of Turkish forces in the north does not deprive the TC community of actual power and jurisdiction ,amounting in effect to sovereignity,which it exercises,and has since 1974 continously and without effective challenge exercised,there.The Goverment of Turkey recon-gnizes the TC community in the north as the sovereign goverment of the area,does not claim for itself or exercise power in the area,and expressly denies that northern Cyprus is part of Turkey.The absence of general
de jure international recognition of the status of the TC community under the name of the TRNC cannot deprive that community of the soverignty which as an indisputable matter of fact,it exercises in Northern Cyprus.
A sutiation that is reflected in the extensive
de facto relations that foreign states maintain with that community ...............
