NEWS

Summary of UN plan for Cyprus

I. Affirming that Cyprus is our common home and recalling that we were co-founders of the Republic established in 1980 ii. Resolved that the tragic events of the past shall never be repeated and renouncing forever the threat or the use of force, or any domination by or of either side iii.Acknowledging each other’s distinct identity and integrity and that our relationship is not one of majority and minority but of political equality iv. Deciding to renew our partnership on that basis and determined that this new partnership shall ensure a common future in friendship, peace, security and prosperity in an independent and united Cyprus v. Underlining our commitment to international law and the principles and purposes of the United Nations vi. Committed to respecting democratic principles, individual human rights and fundamental freedoms, as well as each other’s cultural, religious, political, social and linguistic identity vii. Determined to maintain special ties of friendship with, and to respect the balance between, Greece and Turkey, within a peaceful environment in the Eastern Mediterranean viii. Looking forward to joining the European Union, and to the day when Turkey does likewise ix. Welcoming the Comprehensive Settlement freely reached by our democratically elected leaders on all aspects of the Cyprus Problem, and its endorsement by Greece and Turkey, along with the United Kingdom We, the Greek Cypriots and the Turkish Cypriots, exercising our inherent constitutive power, by our free and democratic, separately expressed common will adopt this Foundation Agreement. The new state of affairs 1. This Agreement establishes a new state of affairs in Cyprus. 2. Upon entry into force of this Agreement, the treaties listed in this Agreement shall be binding on Cyprus, and the attached «common state» legislation indispensable for the functioning of the «common state» shall be in force. 3. The Treaty of Establishment, the Treaty of Guarantee, and the Treaty of Alliance remain in force and shall apply mutatis mutandis to the new state of affairs. Upon entry into force of this Agreement, Cyprus shall sign a Treaty with Greece, Turkey and the United Kingdom on matters related to the new state of affairs in Cyprus, along with additional protocols to the Treaties of Guarantee and Alliance. 4. Cyprus shall sign and ratify the Treaty of Accession to the European Union. 5. Cyprus shall maintain special ties of friendship with Greece and Turkey, respecting the balance established by the Treaty of Guarantee and the Treaty of Alliance and this Agreement, and as a European Union member state shall support the accession of Turkey to the Union. 6. Any unilateral change to the state of affairs established by this Agreement, in particular union of Cyprus in whole or in part with any other country or any form of partition or secession, shall be prohibited. Nothing in this Agreement shall in any way be construed as contravening this prohibition. The State of Cyprus, its «common state» government, and its «component states» 1. The status and relationship of the State of Cyprus, its «common state» government, and its «component states» is modeled on the status and relationship of Switzerland, its federal government, and its Cantons. Accordingly: a. Cyprus is an independent state in the form of an indissoluble partnership, with a «common state» government and two equal «component states», one Greek Cypriot and one Turkish Cypriot. Cyprus has a single international legal personality and sovereignty and is a member of the United Nations. Cyprus is organized under its Constitution in accordance with the basic principles of rule of law, democracy, representative republican government, political equality, bi-zonality, and the equal status of the «component states». b. The «common state» government sovereignly exercises the powers specified in the Constitution, which shall ensure that Cyprus can speak and act with one voice internationally and in the European Union, fulfill its obligations as a European Union member state, and protect its integrity, borders and ancient heritage. c. The «component states» are of equal status. Within the limits of the Constitution, they sovereignly exercise all powers not vested by the Constitution in the «common state» government, organizing themselves freely under their own Constitutions. 2. The «component states» shall cooperate and co-ordinate with each other and with the «common state», including through Cooperation Agreements, as well as through Constitutional Laws approved by the legislatures of the «common state» and the «component states». In particular, the «component states» shall participate in the formulation and implementation of policy in external and European Union relations on matters within their sphere of competence, in accordance with Cooperation Agreements modeled on the Belgian example. The «component states» may have commercial and cultural relations with the outside world in conformity with the Constitution. 3. The «common state» and the «component states» shall fully respect and not infringe upon the powers and functions of each other. There shall be no hierarchy between the laws of the «common state» and those of the «component states». Any act in contravention of the Constitution shall be null and void. 4. The Constitution of Cyprus may be amended by separate majority of the voters of each «component state». Citizenship 1. There is a single Cypriot citizenship. Special majority «common state» law shall regulate eligibility for Cypriot citizenship. 2. All Cypriot citizens shall also enjoy internal «component state» citizenship status. Like the citizenship status of the European Union, this status shall complement and not replace Cypriot citizenship. A «component state» may tie the exercise of political rights at its level to its internal «component state» citizenship status, and may limit the establishment of residence for persons not holding this status in accordance with this Agreement. Such limitations shall be permissible if the number of residents hailing from the other «component state» has reached 1% of the population in the first year and 20% in the twentieth year, rising by 3% every three years in the intervening period. Thereafter, any limitation shall be permissible only if one third of the population hails from the other «component state». Fundamental rights and liberties 1. Respect for human rights and fundamental freedoms shall be enshrined in the Constitution. There shall be no discrimination against any person on the basis of his or her gender, ethnic or religious identity, or internal «component state» citizenship status. Freedom of movement and freedom of residence may be limited only where expressly provided for in this Agreement. 2. Greek Cypriots and Turkish Cypriots living in specified villages in the other «component state» shall enjoy cultural and educational rights and shall be represented in the «component state» legislature. 3. The rights of religious and other minorities, including the Maronite, the Latin and the Armenian, shall be safeguarded in accordance with international standards, and shall include cultural and educational rights as well as representation in «common state» and «component state» legislatures. The «common state» government 1. The «common state» Parliament composed of two chambers, the Senate and the Chamber of Deputies, shall exercise the legislative power: a. Each Chamber shall have 48 members. The Senate shall be composed of an equal number of Senators from each «component state». The Chamber of Deputies shall be composed in proportion to population, provided that each «component state» shall be attributed no less than one quarter of seats. b. Decisions of Parliament shall require the approval of both Chambers by simple majority, including one quarter of voting Senators from each «component state». For specified matters, a special majority of two-fifths of sitting Senators from each «component state» shall be required. 2. The Office of Head of State is vested in the Presidential Council, which shall exercise the executive power: a. The Presidential Council shall comprise six members elected on a single list by special majority in the Senate and approved by majority in the Chamber of Deputies. The composition of the Presidential Council shall be proportional to the population of the two «component states», though no less than one-third of the members of the Council must come from each «component state». b. The Presidential Council shall strive to reach decisions by consensus. Where it fails to reach consensus, it shall, unless otherwise specified, take decisions by simple majority of members voting, provided this comprises at least one member from each «component state». c. The members of the Council shall be equal and each member shall head a department. The heads of the Departments of Foreign Affairs and European Union Affairs shall not come form the same «component state». d. The offices of President and Vice-President of the Council shall rotate every ten calendar months among members of the Council. No more than two consecutive Presidents may come from the same «component state». The President, and in his absence or temporary incapacity, the Vice-President, shall represent the Council as Head of State and Head of Government. The President and Vice-President shall not enjoy a casting vote or otherwise increased powers within the Council. e. The [executive heads] (Observation: Terminology to be adjusted when the governmental structures of the «component states» are decided) of the «component states» shall be invited to participate without a vote in all meetings of the Council in the first ten years after entry into force of the Agreement, and thereafter on a periodical basis. 3. The Central Bank of Cyprus, the Office of the Attorney-General and the Office of the Accountant-General shall be independent. The Supreme Court 1. The Supreme Court shall uphold the Constitution and ensure its full respect. 2. It shall be composed of nine judges, three from each «component state» and three non-Cypriots. 3. The Supreme Court shall, inter alia, resolve disputes between the «component states» or between one or both of them and the «common state», and resolve on an interim basis deadlocks within the institutions of the «common state» if this be indispensable to the proper functioning of the «common state». Transitional «common state institutions 1. The «common state» institutions shall evolve during transitional periods, after which these institutions shall operate as described above. 2. Upon entry into force of this Agreement, the leaders of the two sides shall become Co-Presidents of Cyprus for three years. The Co-Presidents shall exercise the executive power during the first year, assisted by a Council of Ministers they shall appoint. For the following two years, the executive power shall be exercised by a Council of Ministers elected by Parliament, and the Co-Presidents shall together hold the office of Head of State. 3. «Component state» legislatures to be elected within 40 days of entry into force of this Agreement shall each nominate 24 delegates (reflecting the political composition of their legislature) to a transitional «common state» Parliament to operate for one year. 4. A transitional Supreme Court shall be appointed by the Co-President for one year. Demilitarization 1. Bearing in mind that: a. The Treaty of Guarantee, in applying mutatis mutandis to the new state of affairs established in this Agreement and the Constitution of Cyprus, shall cover, in addition to the independence, territorial integrity, security and constitutional order of Cyprus, the territorial integrity, security and constitutional order of the «component states»; b. The Treaty of Alliance shall permit Greek and Turkish contingents, each not exceeding [insert 4-digit figure] all ranks, to be stationed under the Treaty of Alliance in the Greek Cypriot «component state» and the Turkish Cypriot «component state» respectively; c. Greek and Turkish forces and armaments shall be redeployed to agreed locations and adjusted to agreed levels, and any forces and armaments in excess of agreed levels shall be withdrawn; d. There shall be a United Nations peacekeeping operation to monitor the implementation of this Agreement and use its best efforts to promote compliance with it and contribute to the maintenance of a secure environment, to remain as long as the government of the «common state», with the concurrence of both «component states», does not decide otherwise; e. The supply of arms to Cyprus shall be prohibited in a manner that is legally binding on both importers and exporters; and f. A Monitoring Committee composed of the guarantor powers, the «common state», and the «component states», and chaired by the United Nations, shall monitor the implementation of this Agreement, Cyprus shall be demilitarized, and all Greek Cypriot and Turkish Cypriot forces, including reserve units, shall be dissolved, and their arms removed from the island, in phases synchronized with the redeployment and adjustment of Greek and Turkish forces. 2. There shall be no paramilitary or reserve forces or military or paramilitary training of citizens. All weapons except licensed sporting guns shall be prohibited. 3. Neither «component state» shall tolerate violence or incitement of violence against the «common state», the «component states», or the guarantor powers. 4. Cyprus shall not put its territory at the disposal of international military operations other than with the consent of Greece and Turkey. «Component state» boundaries and territorial adjustment 1. The territorial boundaries of the «component states» shall be as depicted in the map which forms part of this Agreement. 2. Areas subject to territorial adjustment which are legally part of the Greek Cypriot «component state» upon entry into force of this Agreement, shall be administered during an interim period no longer than three years by the Turkish Cypriot «component state». Administration shall be transferred under the supervision of the United Nations to the Greek Cypriot «component state» in agreed phases, beginning 90 days after entry into force of this Agreement with the transfer of administration of largely uninhabited areas contiguous with the remainder of the Greek Cypriot «component state». 3. Special arrangements shall safeguard the rights and interests of current inhabitants of areas subject to territorial adjustment, and provide for orderly relocation to adequate alternative accommodation in appropriate locations where adequate livelihoods may be earned. Property 1. Claims by property owners dispossessed by events prior to entry into force of this Agreement shall be resolved in a comprehensive manner in accordance with international law, respect for the individual rights of dispossessed owners and current users, and the principle of bi-zonality. 2. In areas subject to territorial adjustment, properties shall be reinstated to dispossessed owners. 3. In areas not subject to territorial adjustment, the arrangements for the exercise of property rights, by way of reinstatement or compensation, shall have the following basic features: a. Dispossessed owners who opt for compensation or whose properties are not reinstated under the property arrangements shall receive full and effective compensation on the basis of value at the time of dispossession plus inflation; b. Current users, being persons who have possession of properties of dispossessed owners as a result of an administrative decision, may apply for and shall receive title if they agree in exchange to renounce their title to a property, of similar value and in the other «component state», of which they were dispossessed; c. Current users may also apply for and shall receive title to properties which have been significantly improved provided they pay for value in original condition; d. There shall be incentives for owners to sell, lease or exchange properties to current users or other persons from the «component state» in which a property is located; e. Properties not covered by the above shall be reinstated five years after entry into force of this Agreement (three years for vacant properties), provided that no more than X% of the area and residences in either «component state» and Y% (Observation: The figures X and Y shall depend on the agreed map) in any given municipality or village (other than villages specifically designated in this Agreement) shall be reinstated to owners from the other «component state»; and f. Current users who are Cypriot citizens and are required to vacate property to be reinstated shall not be required to do so until adequate alternative accommodation has been made available. 4. Property claims shall be received and administered by an independent, impartial Property Board, composed of an equal number of members from each «component state», as well as non-Cypriot members. No direct dealings between individuals shall be necessary. Reconciliation Commission 1. An independent, impartial Reconciliation Commission shall promote understanding, tolerance and mutual respect between Greek Cypriots and Turkish Cypriots. 2. The Commission shall be composed of men and women, comprising an equal number of Greek Cypriots and Turkish Cypriots, as well as at least one non-Cypriot member, which the Secretary-General of the United Nations is invited to appoint in consultation with the two sides. Past acts 1. Any act, whether of a legislative, executive or judicial nature, by any authority […] whatsoever, prior to entry into force of this Agreement, is recognized as valid and, provided it is not inconsistent with or repugnant to any other provision of this Agreement, its effect shall continue following entry into force of this Agreement. No-one shall be able to contest the validity of such acts by reason of what occurred prior to entry into force of this Agreement. 2. Any claims for liability or compensation arising from acts prior to this Agreement shall, insofar as they are not otherwise regulated by the provisions of this Agreement, be dealt with by the «component state» from which the claimant hails. Entry into force and implementation 1. This Agreement shall come into being at 00:00 hours on the day following confirmed approval by each side at separate simultaneous referenda conducted in accordance with the Agreement. 2. Upon entry into force of this Agreement, there shall be ceremonies throughout the island at which all flags other than those prescribed in the Constitution are lowered, the flags of Cyprus and of the «component states» raised in accordance with the Constitution and relevant legislation, and the anthems of Cyprus and of the «component states» played. 3. Upon entry into force of this Agreement, the Co-Presidents shall inform the United Nations that henceforth the membership rights and obligations of Cyprus in the United Nations shall be exercised in accordance with the new state of affairs. The agreed flag of Cyprus shall be raised at United Nations Headquarters. 4. This Agreement shall be implemented in accordance with the binding timeframes laid down in the various parts of the Agreement and reflected in the calendar of implementation.