21 Kasım 2005

 

AN ANNOUNCEMENT FROM İŞAD
to
TURKISH CYPRIOTS
&
THE EUROPEAN UNION & THE INTERNATIONAL COMMUNITY.

More than a year and a half passed after the acceptance of the internationally approved UN Peace Plan by Turkish Cypriots and its rejection by Greek Cypriots. Meanwhile, on 3rd October, Turkey started accession negotiations with the EU, of which Republic of Cyprus representing only the Greek Cypriots is a Member State.

Since then, no serious effort is spent towards the solution of the Cyprus Problem, and in the meantime Turkish Cypriots are faced with even more desolation. Acting upon this, Turkish Cypriot Businessmen Association started devising necessary policies, imperative to facilitate a timely solution to the Cyprus problem.  

The first phase of our study is completed and is now being presented to our Community, EU and the International community for their evaluation. The next phase of our work will be to cooperate and elaborate on these ideas with other T/C NGOs. We aim to draw up and follow a road map, which will lead the Cypriots to a mutually acceptable solution of the Cyprus Problem.

THE NECESSARY STEPS TO BE TAKEN TO ELEVATE AND BRING CLOSER THE POLITICAL SOLUTION OF THE CYPRUS PROBLEM:

1.  Current situation:

              I.      Turkey began tough accession negotiations with the EU, for which she dropped back from her previous positions. Being one of the 25 Member States of the EU, the Republic of Cyprus, with her present structure representing the Greek Cypriots only, had managed to include elements to her advantage in Turkey’s Negotiation Framework. Negotiations will be a long and tough process and will be carried out under similar conditions where, even more concessions will be required from Turkey in the opening and closing stages of each 35 chapters of the Acquis.

             II.      ‘Cyprus Problem’ is now the biggest obstacle on Turkey’s primary goal of accession to the EU. The need for a solution of the Cyprus Problem, from Turkey’s point of view is now more inevitable than ever.  

            III.      While Turkish Cypriots are aware of the urgent need for the solution of the problem, Greek Cypriots are playing for time and does not feel the necessity for a solution. Consequently, the prolonged stalemate does not help the peace process.  

2.  Threats posed by the lack of a solution:

              I.      The sympathy gained by the Turkish Cypriots by approving the UN solution-plan is wearing down every day. The progress of the events on legal bases reinforces the isolation of the Turkish Cypriots and encourages the Greek Cypriot intransigency.

             II.      The continuation of the unsolved problem may end up in the permanent division of the island. In such a case, both sides in Cyprus are doomed to lose and Turkey will probably be faced with the suspension of her accession negotiations with the EU.

            III.      Turkeys’ priority is to successfully complete the accession negotiations and accede to the EU. Whereas the priority of the Turkish Cypriots is a solution where they will practice their EU citizenship rights within a united Cyprus, of which they will be the politically equal partner. Turkey may be forced by the Republic of Cyprus, to take measures that will harm Turkish Cypriot interests. These priorities not coinciding pose the danger of conflict of interests of Turkish Cypriots and Turkey, which may strain their relations in the near future.

3.  Ways out of the present perilous stalemate:

               I.      Statements like “we have done what was expected of us, thus; it is now up to the Greek Cypriots and the other interested parties to make a move” is detrimental and loss of time to the Turkish Cypriots. We should also take all the other necessary steps in parallel, while working for lifting the isolations.

             II.      By understanding Turkey’s need for a solution and utilizing this need, new policies should be made in order to get rid of the unhealthy relations, exorbitant dependence and artificial fears of Turkish Cypriots with Turkey.

            III.      Consequently, a way out should be searched for by not only preserving our gains but also in understanding and minimizing the needs and fears of the other side. Proposals to be made should be acceptable and supported by the UN, the EU and the International Community in general. 

4.  The necessary features of the proposals: 

               I.      It should include elements of understanding and minimizing the anxieties of the Greek Cypriots,

             II.      It should be supportable by the UN, the EU and the International Community,

            III.      It should be compatible and applicable within International Law and methodology,

          IV.      It should include measures to motivate the Greek Cypriots for final solution,

            V.      It should be in line with the will of the Turkish Cypriots shown on the referendum,

          VI.      It should facilitate Turkey’s EU accession process,

         VII.      It should be based on the Annan Plan or similar principles, acceptable by the International Law.

5.  New Policies:

               I.      Regulating the economic and commercial ties with the EU and the World:

New policies should be created in order to integrate north Cyprus within the developing economic relations between Turkey – EU – South Cyprus. To achieve this, Turkish Cypriot ports and customs should be aligned with the Acquis Communautaire. Furthermore, to assure that the goods entering the customs area from the ports in the north are compatible with the EU arrangements, a way should be found until a comprehensive settlement to run the northern ports under the supervision or inspection of the European Commission.

             II.      Financial Aid Regulation should be adopted as soon as possible. Financial Aid Regulation and Direct Trade Regulation should be decoupled and the Aid regulation should be adopted by the Council as soon as possible. Instead of the Direct Trade Regulation, a way should be found to integrate the northern part of Cyprus within the “Free Trade” relations of the EU – Turkey – south Cyprus. Following the adoption of the Regulation, 259 Million Euros should be used for the harmonization of the Turkish Cypriot legislation and standards with the Acquis, development and restructuring of the infrastructure and for the promotion of the economic development of Turkish Cypriots.

III.   Acknowledging and conserving the rights of Turkish Cypriots under the Constitution of the Republic of Cyprus: A study to demand the rights of the Turkish Cypriots granted by the 1960 Cyprus Constitution which cannot be practiced now should be initiated. Such a study will put forward arguments at International Law Courts, stating that the prevailing State of Affairs in Cyprus is contradictory to its 1960 Constitution, just to give an example; the Constitution of 1960 states that Many International Treaties and agreements need the approval of both the President and the vice President of the Republic. We consider it imperative that ways of demanding this and many other similar rights and practicing them in line with the International Law should be explored. Getting these rights back will nullify the push strategy of the Greek Cypriot leadership, which aims to force the Turkish Cypriots to an unbalanced solution, by threatening to use their right to veto against Turkish accession. We would like to underline that our proposal to practice our rights derived from the 1960’s Constitution does not mean that we would like to get back to the conditions of that time, but it’s a tool to prove the Greek Cypriot Politicians that a federal solution reached under UN umbrella, based on political equality is the best alternative.   

   Within this frame work; (Annan Plan, Foundation Agreement, Main Articles ) ’’ Affirming that Cyprus is our common home and recalling that we were co-founders of the Republic established in 1960“ and reminding:    

a)      Firstly, within an action plan prepared by the pro solution forces of Turkey; demands should be made to UN Secretary General, UN Security Council, International Law Institutions (European Court of Human Rights, The Court of Justice in The Haig, European Court of Justice, etc.), and the EU Institutions, within their respective rules and regulations, to attain our rights invested to us by the 1960 Cyprus Constitution. For these initiatives, to receive support from the international community, every means available and lobbying should be used.

b)      There are rumours that, those who are longing for a “unitary state” are about to amend the 1960 Cyprus Constitution, pretending to get harmonized with the Acquis. Bearing in mind the statement of the EU that; “Considering that the Act concerning the accession of Cyprus to the EU shall not prevent the implementation of the Foundation Agreement, and shall accommodate its terms in line with the principles on which the EU is founded”, it should be registered that the Turkish Cypriots have rights coming from the Cyprus Constitution and rights that are noted all through the UN process and with 1977 and 1979 High Level Agreements, and that they will claim these rights and will resist the trimming of them.

IV. Motivation of Greek Cypriots for a solution: It is necessary to start the implementation of those sections of the Annan Plan on land and property which are unilaterally applicable, since the property aspect of the problem becomes more complex as time passes.

1)      Legal preparations should be initiated, for the “Turkish Cypriot State” and its Constitution, as stated in the Main Articles, Article 2 of the Annan Plan, that was ratified by the Turkish Cypriots,

2)      Legal preparations should be initiated to implement as far as possible the Article 3 of the Annan Plan concerning the Citizenship and Residence Rights.

3)      Implementation of the Article 9 of the Plan as far as possible, regarding the land and property to be reinstated to its original inhabitants/owners:

i.                     Greek Cypriot inhabitants of the settlements that were stated to be given back in the UN plan, around the Green Line, to be invited to resettle in their property.

ii.                   Greek Cypriot inhabitants of Varosha to be invited to resettle in their property and in parallel to the financial contributions of the UN, the EU and the international donors, rehabilitation plans for other settlements to be made.

iii.                  Legal preparations to be made for the land to be given back to the Greek Cypriots, stated in the Annan Plan.

iv.                 All operations to be within human rights and international law.

           IV.      Anxieties of Greek Cypriots:  Ways and steps should be found to understand and minimise the anxieties of the Greek Cypriots.

            V.      Effective and de facto control: The effective and de facto control of the authority in north Cyprus should be transferred to the Turkish Cypriot authorities. Steps should be taken in line with democratisation and transfer of powers to civil authorities.

          VI.      Community rights: Without giving away the basic communal rights of the Turkish Cypriots, to get two “YES” s in a second round of referenda, it is imperative that the Greek Cypriots’ anxieties be understood and minimised and a general satisfaction be created.

Turkish Cypriot Businessmen Association calls upon the Turkish Cypriot Civil Organisations, to the parties that are linked to the Cyprus problem; The United Nations, The European Union, The International Community and especially the Secretary General of the UN, His Excellency Kofi Annan, to start taking steps and contribute for an urgent solution of the Cyprus Problem.

Yours faithfully,

Özalp Nailer
President

(For the Board of Directors)

 

Tanzimat sok. No:54 Arabahmet, Lefkoşa – KKTC

Tel: +90 392 228 68 01  Fax: +90 392 228 68 08 Mobile: 0533 8648944

E-mail: isad@kibris.net    ozalp.nailer@mesancyp.com