Cyprus: Bridging the Property Divide
Europe Report N°210 9 Dec 2010
EXECUTIVE SUMMARY AND RECOMMENDATIONS
Politicians in Ankara, especially, should relaunch and sustain their outreach to Greek Cypriots to assure them of Turkey’s commitment to seeing through a settlement and return of property. For Ankara in particular, indefinite occupation would invite higher costs, both in court judgements and in its efforts to join the European Union. Greek Cypriots, on the other hand, should pay heed to international court rulings that challenge their conviction that the rights of original owners and their heirs supersede all other considerations. A compromise solution will have to accept that not all Greek Cypriots will automatically be able to return to their old properties within a new bizonal, bicommunal federation.
RECOMMENDATIONS
To the leaderships of the Greek Cypriot and Turkish Cypriot communities:
1. Convert the Greek Cypriot proposal to link negotiations on property, territory and settlers into the first stage of the international conference on all negotiating topics proposed by the Turkish Cypriots.
2. Commission in both zones a joint, rapid and representative audit of land owned by the other community to achieve a mutually agreed categorisation of properties.
3. Prepare expeditiously and jointly an economic impact study on the various proposals to redevelop property in both zones, including examination of the feasibility for normalisation of the ghost resort of Varosha ahead of a political settlement.
4. To bridge disagreements on basic approaches to the property issue:
a) both sides should state that all pre-1974 home owners have the right in principle to reclaim their primary residence;
b) the Greek Cypriot side should prepare public opinion to accept that rights to restitution in a Turkish Cypriot constituent state may be restricted by bizonality and in mutually agreed cases such as public usage;
c) the Turkish Cypriot side should offer as much reinstatement of property ownership as possible within the context of bizonality, while protecting the rights of the current users, especially if they themselves are displaced and are using the property as a primary residence; and
d) alternative accommodation should be provided for those who have to vacate current housing and have no other home.
To the Greek Cypriot leadership:
5. Make legal provision for property exchanges between displaced owners from both sides that have been approved by the Turkish Cypriot Immovable Property Commission (IPC).
6. Stop discouraging Greek Cypriot applications to the IPC.
7. Allow Turkish Cypriots residing in the north who own abandoned properties in the south to seek the same remedies open to owners residing elsewhere.
To the Turkish Cypriot leadership:
8. Ensure fairness and transparency in IPC procedures, compensation calculations and payment details and commit to extending its mandate beyond the end-2011 deadline.
9. Remove residency restrictions on inheritance of property in the north by heirs of displaced Greek Cypriots.
10. Support ongoing talks with a construction freeze on Greek Cypriot-owned property in the north.
To the Turkish leadership:
11. Relaunch and sustain efforts to assure Greek Cypriots of Turkey’s commitment to a settlement, including the handing back of property and territory along the lines of previous UN plans.
Nicosia/Istanbul/Brussels, 9 December 2010
http://www.crisisgroup.org/en/regions/e ... ivide.aspx