Published November 18th 2002

Annans Plan leaves Cyprus at the Mercy of Turkey

By

Argyros Argyrou

 

President Glafkos Clerides of the Republic of Cyprus
Nicosia
Cyprus
Your Excellency,

[My parents are from the villages of Pyrga and Yiallousa in the district of Famagousta in the part of Cyprus illegally occupied by Turkey since 1974.]

I am writing to you today in anger, disgust and outrage at the “plan” for Cyprus future which was put together by UN Secretary General Kofi Annan and the governments of Great Britain and the United States in bad faith and which fails to meet any of the requirements of a just solution to the problem of the Turkish invasion of Cyprus.

Cyprus Attorney-General Alecos Markides has described the provisions of Kofi Annan’s “plan” as incomprehensible.

Gunter Verheugen the European Union Commissioner responsible for enlargement has now publicly stated that "some provisions in the UN proposals are not fully compatible with acquis communautaire".

Not only does this “plan” violate the UN's own resolutions which demand a Federation and not a Confederation like the Swiss model that is being suggested.

Not only does this “plan” fail to adhere with the judgments of the European Court of Human Rights which demand that all refugees must return to their homes unimpeded, have the right to freedom of movement, the right of property ownership, the right of settlement anywhere they like, and that Turkey must pay damages and reparations which do not affect the continuation of refugees right of ownership.

Annan’s “plan” also violates the Laws of the European Union and the Treaty of Rome.

Its only aim is to reward Turkish aggression, the brutal Turkish massacre and rape and ethnic cleansing of our people and blackmail Cyprus before the decision is made on its EU membership.

This plan is even worse for Cyprus than UN Secretary General Ghalis Set of Ideas presented in 1992 which were rejected by both sides and leaves Cyprus at the mercy of Turkey which has no respect for human rights, UN resolutions or international law.

Annan’s plan is deliberately designed to be only acceptable to Turkey with unjust concession after unjust concession and nothing in return.

The refugees will have to wait over 20 years before they can even go back to the less than 9% of the territory which might be returned and which will be put under Turkish administration for at least 3 years and will not be allowed to constitute more than 20% of the population of the rest of the territory at the end of this time, and our legal system which already meets EU standards of justice will be controlled by foreigners.

All the illegal Turkish colonists will be allowed stay and keep the Greek Cypriot land and properties they have stolen which makes up 90% of the occupied areas.

Not one refugee will see a penny in compensation which will have to be paid by the refugees themselves out of their own taxes and not by the aggressor Turkey. By this time all the refugees who were born in the north will either be dead or in their 50’s.

Cyprus will be completely disarmed and face an embargo on new weapons and spare parts while Turkey gets to keep 10,000 troops on the island fully armed with up to date weaponry which will only be reduced to that level in 2 years.

Instead of a UN, International or EU force guaranteeing Cyprus security there will be nothing but the three guarantor powers which all failed Cyprus.

Turkey perpetrated a monstrous and brutal genocide on the people of Cyprus so can never be a guarantor. Britain deliberately allowed Turkey to annihilate the people of Cyprus when it could have stopped their annihilation, and Greece betrayed Cyprus to serve American interests.

A minority which now makes up less than 10% of the population will be allowed to hold on to 29% of the territory and over 60% of the coastline which was taken by force. They will be given half of the seats in parliament and instead of the 3 out of 10 places on the council of ministers they were given in the unworkable 1960 constitution which is 30% they will now have 2 out of 6 seats including the president which is 33%.

It is obvious where this figure came from. Cyprus demanded representation proportional to population on the council which means 2 seats out of 10 and the British and Americans who devised the “plan” in bad faith promptly reduced the seats on the council to 6 so that proportionally with population could not be implemented in practice.

On top of this the position of president will rotate every 10 months. This is a recipe to make Cyprus ungovernable for future disaster. Cyprus told the UN that a one year rotating presidency was unacceptable so the British and Americans again in bad faith promptly reduced the term to less than a year.

What the Americans, who orchestrated the Turkish occupation in the first place when Kissinger ordered President Makarios to be murdered and prevented British troops from stopping the Turkish invasion, want is to give the Turks everything they want so that they will accept the “plan” and this will put pressure on the innocent Greek Cypriot victims to accept their own annihilation in their own country.

Annan’s “plan” can never be accepted by the Refugees.

It is in Cyprus interest to wait a year until we join the EU and there we can put pressure on Turkey.

The solution to the problem of the Turkish invasion of Cyprus must be based on justice not compromise. Justice which is compromised is no justice at all.

All Turkish troops and colonists must be removed from Cyprus soil immediately and without conditions attached. This element of a solution can not be the basis of negotiation. It must be demanded outright by the Republic of Cyprus

All the refugees must be allowed to return to their own homes in every part of Cyprus and those illegally occupying them must leave the refugees property and all the villages they did not occupy before the Turkish invasion so as not to alter the demography. The refugees must also have full recourse to the European courts to secure their rights and demand damages and reparations which Turkey must pay. This element of a solution again can not be the basis of negotiation. It must also be demanded outright by the Republic of Cyprus.

The system of government and justice must be based on the principle of proportionality with the population without any kind of fixed quotas that compromise that proportionality. The president must be elected by the majority of the electorate and stay in office for the full duration of his full term so that Cyprus can have a strong government and strong economy.

Cyprus sovereignty, independence, and territorial integrity must be guaranteed by the European Defence Force (ESDP) after EU membership and no foreigners can be allowed to determine matters pertaining to Cyprus right to self defence or who Cyprus can or cant invite to use its soil for defensive purposes and related matters of security.

I wish to receive assurances from you and from the governments of Cyprus and Greece that what I have asked for in the last 6 paragraphs will be adhered to and that Cyprus will not be sold out to serve foreign interests.

I also wish to receive assurances from you and from the governments of Cyprus and Greece the Kofi Annan’s “plan” will not be accepted in any way shape or form.

Below I have summarised the legal aspects of Annan’s plan and the UN Resolutions, European Human Rights Laws and Acquis Communautaire which it fails to comply with. I hope it will be of use.

Annan’s “plan” violates 10 United Nations Security Council Resolutions which demand a solution based on a Federation and not on the Swiss model which is a Confederation and the basis of his plan.

"Swiss Constitution

Title 1 General Provisions

Article 1 Swiss Confederation

The Swiss People and the Cantons of Zurich, Berne, Lucerne, Uri, Schyz, Obwald, Nidwald, Glarus, Zug, Fribourg, Solothurn, Basel-City, Basel-Land, Schaffhausen, Appenzell Outer-Rhodes, Appenzell Inner-Rhodes, St. Gall, Grisons, Aargau, Thurgau, Ticino, Vaud, Valais, Neuchâtel, Geneva, and Jura form the Swiss Confederation.

Article 2 Purpose

(1) The Swiss Confederation protects the liberty and rights of the people and safeguards the independence and security of the country…."

UN RESOLUTION 649 (1990)

"1. Reaffirms, in particular, its resolution 367 (1975), as well as its support for the 1977 and 1979 high-level agreements between the leaders of the two communities in which they pledged themselves to establish a bi-communal Federal Republic of Cyprus that will safeguard its independence, sovereignty, territorial integrity and non-alignment, and exclude union in whole or in part with any other country and any form of partition or secession;"

RESOLUTION 716 (1991)

"3. Reaffirms its position on the Cyprus question, expressed most recently in resolution 649 (1990) and in line with the 1977 and 1979 high-level agreements between the parties in Cyprus, that the fundamental principles of a Cyprus settlement are the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus; the exclusion of union in whole or in part with any other country and any form of partition or secession; and the establishment of a new constitutional arrangement for Cyprus that would ensure the well-being and security of the Greek Cypriot and Turkish Cypriot communities in a bi-communal and bi-zonal federation;"

RESOLUTION 750 (1992)

"2. Reaffirms the position, set out in resolutions 649 (1990) and 716 (1991), that a Cyprus settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as defined in paragraph 11 of the Secretary-General’s report (S/23780) and in a bi-communal and bi-zonal federation, and that such a settlement must exclude union in whole or in part with any other country or any form of partition of secession;"

RESOLUTION 939 (1994)

"2. Reaffirms its position that a Cyprus settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as described in the relevant Security Council resolutions, in a bi-communal and bi-zonal federation, and that such a settlement must exclude union in whole or in part with any other country or any form of partition or secession;"

RESOLUTION 1092 (1996)

14. Reaffirms its position that a Cyprus settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as described in the relevant Security Council resolutions, in a bi-communal and bi-zonal federation, and that such a settlement must exclude union in whole or in part with any other country or any form of partition or secession;

RESOLUTION 1117 (1997)

"11. Reaffirms its position that a Cyprus settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as described in the relevant Security Council resolutions, in a bi-communal and bi-zonal federation, and that such a settlement must exclude union in whole or in part with any other country or any form of partition or secession;"

RESOLUTION 1146 (1997)

"12. Reaffirms its position that a Cyprus settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as described in the relevant Security Council resolutions, in a bi-communal and bi-zonal federation, and that such a settlement must exclude union in whole or in part with any other country or any form of partition or secession;"

RESOLUTION 1179 (1998)

"2. Reaffirms its position that a Cyprus settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as described in the relevant Security Council resolutions, in a bi-communal and bi-zonal federation, and that such a settlement must exclude union in whole or in part with any other country or any form of partition or secession;"

RESOLUTION 1217 (1998)

"7. Reaffirms its position that a Cyprus settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as described in the relevant Security Council resolutions, in a bi-communal and bi-zonal federation, and that such a settlement must exclude union in whole or in part with any other country or any form of partition or secession; "

RESOLUTION 1251 (1999)

"11. Reaffirms its position that a Cyprus settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as described in the relevant Security Council resolutions, in a bi-communal and bi-zonal federation, and that such a settlement must exclude union in whole or in part with any other country or any form of partition or secession;"


Annan’s “plan” fails to pay any attention to UN Resolutions demanding the removal of all Turkish troops, the removal of Turkish colonists, and the return of all refugees.

Instead the “plan” allows the occupation troops to remain, it allows the illegal colonists whose presence its regarded by the UN as tantamount to genocide to remain, and prevents the refugees from retuning to their homes.

General Assembly RESOLUTION 3212 (XXIX) (1974)

"2. Urges the speedy withdrawal of all foreign armed forces and foreign military presence and personnel from the Republic of Cyprus and the cessation of all foreign interference in its affairs; "

"5. Considers that all the refugees should return to their homes in safety and calls upon the parties concerned to undertake urgent measures to that end; "

Security Council RESOLUTION 365 (1974)

"1. Endorses General Assembly resolution 3212(XXIX) and urges the parties to implement it as soon as possible; "

General Assembly RESOLUTION 37/253 (1983)

"7. Considers the withdrawal of all occupation forces from the Republic of Cyprus as an essential basis for a speedy and mutually acceptable solution of the Cyprus problem; "

"8. Demands the immediate withdrawal of all occupation forces from the Republic of Cyprus; "

UN Resolution 1987/19 (1987) RESOLUTION OF THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES

"1. Demands the full restoration of all human rights to the whole population of Cyprus, including the freedom of movement, the freedom of settlement and the right to property; "

"3. Expresses its concern also at the policy and practice of the implantation of settlers in the occupied territories of Cyprus which constitute a form of colonialism and attempt to change illegally the demographic structure of Cyprus; "


Annan’s “plan” violates 3 articles of the European Convention of Human Rights by preventing the refugees from returning to their homes.

a violation of Article 8 (right to respect for private and family life, home and correspondence) concerning the refusal to allow the return of any Greek-Cypriot displaced persons to their homes in northern Cyprus;

a violation of Article 1 of Protocol No. 1 (protection of property) concerning the fact that Greek-Cypriot owners of property in northern Cyprus are being denied access to and control, use and enjoyment of their property as well as any compensation for the interference with their property rights (compensation which does not prejudice their continued rights of ownership of said property);

a violation of Article 13 (right to an effective remedy) concerning the failure to provide to Greek Cypriots not residing in northern Cyprus any remedies to contest interferences with their rights under Article 8 and Article 1 of Protocol No. 1.


"ARTICLE 8

Everyone has the right to respect for his private and family life, his home and his correspondence.

There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. "

"PROTOCOL 1

ARTICLE 1

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties."

"ARTICLE 13

Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."


Annan’s “plan” violates Article 3 of Treaty of Rome by denying refugees the freedom of movement of goods, persons, services and capital; Article 8 by denying refugees the right to vote and to stand as a candidate at municipal elections; and Article 8 by denying refugees the right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which they reside.

It also violates Article 48 of the Treaty of Rome by preventing the free movement of Workers.

It also violates Article 52 and Article 53 of the Treaty of Rome by preventing the refugees from setting up their own business in the occupied areas.

It also violates Article 59 of the Treaty of Rome by preventing the refugees from providing services in the occupied areas.

It also violates Article 3 of the Treaty of Rome by making it impossible for the Cyprus government to make decisions on the implementation of the acquis communautaire in its own territory.

Treaty of Rome

"Part One. Principles

Article 3.

For the purposes set out in Article 2, the activities of the Community shall include, as provided by this Treaty and in accordance with the timetable set out therein:

(c) an internal market characterized by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital;

(h) the approximation of the laws of the Member States to the extent required for the functioning of the common market; "

"Article 7a. The Community shall adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992, in accordance with the provisions of this Article and of Articles 8b, 8c, 28, 57(2), 59, 70(1), 84, 99, 100a and 100b and without prejudice to the other provisions of this Treaty.

The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty."

"Article 7c. When drawing up its proposals with a view to achieving the objectives set out in Article 8a, the Commission shall take into account the extent of the effort that certain economies showing differences in developments will have to sustain during the period of establishment of the internal market and it may propose appropriate provisions.

If these provisions take the form of derogations, they must be of a temporary nature and must cause the least possible disturbance to the functioning of the common market."

"Part Two. Citizenship of the Union

Article 8.

Citizenship of the Union is hereby established.
Every person holding the nationality of a Member State shall be a citizen of the Union.

Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to the duties imposed thereby.

Article 8a.

Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect.

The Council may adopt provisions with a view to facilitating the exercise of the rights referred to in paragraph l; save as otherwise provided in this Treaty, the Council shall act unanimously on a proposal from the Commission and after obtaining the assent of the European Parliament.

Article 8b.

Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at municipal elections in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements to be adopted before 31 December 1994 by the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament; these arrangements may provide for derogations where warranted by problems specific to a Member State.


Without prejudice to Article 138(3) and to the provisions adopted for its implementation, every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements to be adopted before 31 December 1993 by the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament; these arrangements may provide for derogations where warranted by problems specific to a Member State. "

"TITLE III. FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL

CHAPTER 1. WORKERS
Article 48.

Freedom of movement for workers shall be secured within the Community by the end of the transitional period at the latest.
Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission.
The provisions of this Article shall not apply to employment in the public service. "

"CHAPTER 2. RIGHT OF ESTABLISHMENT

Article 52. Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be abolished by progressive stages in the course of the transitional period. Such progressive abolition shall also apply to restrictions on the setting up of agencies, branches, or subsidiaries by nationals of any Member State established in the territory of any Member State.

Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Art. 58, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the Chapter relating to capital.

Article 53. Member States shall not introduce any new restrictions on the right of establishment in their territories of nationals of other Member States, save as otherwise provided in this Treaty."

"CHAPTER 3. SERVICES

Article 59. Within the framework of the provisions set out below, restrictions on freedom to provide services within the Community shall be progressively abolished during the transitional period in respect of nationals of Member States who are established in a State of the Community other than that of the person for whom the services are intended."

"Article 60. Services shall be considered to be 'services' within the meaning of this Treaty where they are normally provided for remuneration, in so far as they are not governed by the provisions relating to freedom of movement for goods, capital and persons.

'Services' shall in particular include:

(a) activities of an industrial character;
(b) activities of a commercial character;
(c) activities of craftsmen;
(d) activities of the professions.

Without prejudice to the provisions of the Chapter relating to the right of establishment, the person providing a service may, in order to do so, temporarily pursue his activity in the State where the service is provided, under the same conditions as are imposed by that State on its own nationals."


Yours faithfully,


Argyros George Argyrou BSc (Hons.