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NOTE OF GUIDANCE
The suggested basis for
agreement on a comprehensive settlement of the Cyprus Problem is necessarily
lengthy, complex and comprehensive, with five detailed Appendices. It is
structured taking into account the need for a clear legal basis governing
Cyprus from the very moment of entry into force, and the need for all
contentious issues to be decisively resolved prior to decisions that are likely
to be taken at the Copenhagen European Council, leaving essentially drafting
work to be done thereafter.
The first stage of the
would be completed with the signature by the two leaders, no later than early December
2002 and prior to the European Council meeting in Copenhagen, of the
“Comprehensive Settlement of the Cyprus Problem”
By their signature, the
leaders would agree to the main articles of the Foundation Agreement (Appendix
A) and the substance of specially marked parts of the Annexes thereto
(including the main articles of the Constitution) and a map delineating the
boundary between the . They would also accept as a
whole the Draft Annexes to Appendix A as a basis for agreement to be finalized,
together with the Constitution, not later than 28 February 2003. They would
commit themselves to put to simultaneous referenda on 30 March 2003 the
finalized Foundation Agreement, which would include the Secretary-General's
suggestions, if any were indispensable, to finalize the Agreement. They would
also commit themselves to important measures to accompany and facilitate
finalization of the Agreement (Appendix B).
The "Comprehensive
Settlement of the Cyprus Problem" would also require the leaders, as
Co-Presidents of Cyprus for a transitional period after entry into force of the
Foundation Agreement, to sign a Treaty with Greece, Turkey and the United
Kingdom on matters related to the new state of affairs in Cyprus (Appendix C).
By this Treaty, the Foundation Agreement as approved by each side in Cyprus
would be approved and agreed by the guarantors, a Monitoring Committee would be
established, Additional Protocols to the Treaties of Guarantee and Alliance
would come into force, and transitional security arrangements for the phasing
period would be adopted.
Through the
"Comprehensive Settlement of the Cyprus Problem", the leaders would
also invite the Secretary-General to request the Security Council to take
decisions, to come into effect upon entry into force of the Foundation
Agreement, by which the Council would endorse the Foundation Agreement,
prohibit the supply of arms to Cyprus, and decide to maintain a United Nations
peacekeeping operation in Cyprus (Appendix D).
Finally, the leaders would
through the "Comprehensive Settlement of the Cyprus Problem" agree to
requests to the European Union to include a Protocol to the Act concerning the
terms of accession of ' Cyprus to the European Union, and to include
a paragraph in the conclusions of the Copenhagen European Council (Appendix E) - and the on the same occasion as the approval of
the Foundation Agreement at referenda the two sides would approve the
conditions of accession and request the signature and ratification by the
Co-Presidents of the Treaty of Accession of Cyprus to the European Union
The guarantor powers would by
signature agree with the "Comprehensive Settlement of the Cyprus
Problem", and commit themselves to sign together with Cyprus the Treaty on
matters related to the new state of affairs in Cyprus (Appendix C) after entry
into force of the Foundation Agreement.
This
elaborate structure may seem daunting at first, but should the two sides agree
to it, it would mean that all main issues in dispute between them would be
decisively resolved prior to Copenhagen (via the main articles of the
Foundation Agreement and the substance of specially marked parts of the
Annexes), as would all matters in which non- Cypriot parties are concerned
(namely, the Treaty on matters related to the new state of affairs in Cyprus,
the matters to be submitted to the United Nations Security Council for
decision, and the Protocol to the Act concerning the terms of accession of
Cyprus to the European Union).
The finalization of remaining
matters of a more technical nature (in particular, those parts of the document
not specially marked), could occur after the European Council meeting in
Copenhagen but would have to be completed prior to 28 February 2003. As
mentioned above, each side would be committed to put to simultaneous referenda
on 30 March 2003 the finalized Foundation Agreement, which would include my
suggestions, if any were necessary, to finalize the Agreement. Naturally any
such suggestions would not be on the major contentious issues, since these will
have been resolved by the "Comprehensive Settlement of the Cyprus
Problem".
Once approved in the two
referenda, the Foundation Agreement, of which the Annexes (including the
Constitution) are an integral part, would come into immediate effect, a new
state of affairs would come into being, and a reunified Cyprus would be in a
position to sign the Treaty of Accession to the European Union.
The
document uses the terms and ,
provisional terms that the United Nations has used during the negotiations. As
with all aspects of the document, these terms are used without prejudice to the
parties' ability to agree on alternatives.
Observations
on territorial adjustment, and relationship to property issue
The two maps suggested in the
document show fairly irregular lines. The following comments may assist the
parties in understanding how they were arrived at.
A map with a relatively
straight line, as has been suggested in the past, requires a number of villages
with a significant historically Turkish Cypriot population to fall within the
areas subject to territorial adjustment, and cannot achieve as many returns of
Greek Cypriots to historically Greek Cypriot villages as can be achieved by
alternative approaches within the same range of territorial adjustment. If one
departs from the "straight line" approach, it is possible to achieve
maps within the same territorial range as has been suggested in the past, but
which achieve better outcomes -
for both sides. The two maps
suggested in the document are consistent with this approach.
These maps minimize
dislocation of Turkish Cypriots (in the vicinity of 15-20% less than a straight
line map, such as that attached to the Set of Ideas), particularly those living
in their historic villages, and maximize return of Greek Cypriots to their
homes under Greek Cypriot administration (in the vicinity of 10% more than a
straight line map). This in turn allows the maximum levels of property
reinstatement under the property regime to be set considerably lower than is
possible with a straight line map with similar territorial proportions.
A mathematical formula permits
calculations, based on 1960 British Census figures, which ensure that both maps (and numerous
other map scenarios which the United
Nations has generated) produce a balanced result between the parties across the
related issues of territory and property. The basis of the formula is the
number of dispossessed persons able to return to their former homes due to the
territorial adjustment, which produces corresponding maximum limits on property
reinstatement to properties that are in the territory under the administration
of the other side. This maximum is slightly lowered In the case of the map
where significant coastline is transferred. The United Nations is ready to
explain to the parties the basis of these calculations in more detail.
Both maps are thus accompanied
by two figures related to the property regime, which are printed on the maps
and must be seen as integral features of them. One figure is the corresponding
maximum level of property reinstatements per ; the other
figure is the maximum level of property reinstatements per village or
municipality. Both maps, when combined with these maximum levels, achieve
substantially similar results overall in terms of reinstatements of properties.
It should be noted that it
would be appropriate for the agreed location of military facilities and
training fields of the Greek and Turkish contingents stationed on the island
not to be in areas subject to territorial adjustment.
BASIS FOR AGREEMENT ON A
COMPREHENSIVE
SETTLEMENT
OF THE CYPRUS PROBLEM
COMPREHENSIVE SETTLEMENT
OF THE CYPRUS PROBLEM
We, the democratically elected leaders
of the Greek Cypriots and the Turkish Cypriots, through negotiations under the
auspices of the Secretary-General of the United Nations in which each side
represented itself, and no-one else, as the political equal of the other, have
freely agreed to settle the Cyprus Problem in all its aspects in the following
comprehensive manner:
Article 1 Foundation Agreement
- The main articles of the appended Foundation
Agreement are
hereby agreed, as is the substance of the specially marked parts of the
Annexes thereto and the map delineating the boundary between the
. The Draft Annexes as a whole are hereby accepted
as a basis for agreement to be finalized no later than 28 February 2003.
- The finalization of all Draft
Annexes shall be accompanied and facilitated by the appended measures.
- The Secretary-General is
invited to certify the results of the finalization process, and to include
his suggestions, if any are indispensable, to finalize the Agreement.
- That finalized Foundation
Agreement shall be submitted by each side to referendum on 30 March 2003,
together with other specified matters related to the coming into being of
the new state of affairs, including accession to the European Union.
- Should the Foundation Agreement not be approved
at the separate simultaneous referenda, it shall be null and void, and the
commitments undertaken in this Comprehensive Settlement shall have no
further legal effect.
Article 2 Treaty on
matters related to the new state of
affairs in Cyprus
Upon entry into force of the Foundation
Agreement, the Co-Presidents of Cyprus shall, on invitation and in the presence
of the Secretary-General of the United Nations (or his representative), sign
the appended Treaty with Greece,
Turkey and the United Kingdom, which shall be registered as an international
treaty in accordance with Article 102 of the Charter of the United Nations.
Article 3 Matters to be submitted to the
United Nations Security
Council for decision
The
Secretary-General of the United Nations is invited to request the Security
Council to take decisions as appended.
Article
4 Conditions of accession to the European Union
Pursuant to the
willingness of the European Union to accommodate the terms of a comprehensive
settlement and to assist its implementation, as expressed in the conclusions of
the Brussels European Council of 24 and 25 October, the requests to the
European Union to attach the appended Protocol to the Act concerning the
conditions of accession of Cyprus to the European Union, and to include the
appended paragraph in the conclusions of the Copenhagen European Council, are
hereby agreed.
Glafcos
Clerides Rauf Denktash
For the
Greek Cypriot side For the Turkish Cypriot side
The Hellenic
Republic, the Republic of Turkey, and the United Kingdom of Great Britain and
Northern Ireland hereby agree with this Comprehensive Settlement of the Cyprus
Problem, and commit themselves to sign together with Cyprus the appended Treaty
on matters related to the new state of affairs in Cyprus, which shall be
registered as an international treaty in accordance with Article 102 of the
Charter of the United Nations.
Signature Signature Signature
Hellenic Republic United Kingdom of Republic of Turkey
Great Britain and
Northern
Ireland
Witnessed by
Kofi A. Annan
Secretary-General
of the United Nations
APPENDIX A
FOUNDATION AGREEMENT
i. Affirming that Cyprus is our
common home and recalling that we were co-founders of the Republic established
in 1960
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 others
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.
Arlicle
1 The new state of affairs
- This Agreement establishes a new state of affairs
in Cyprus.
- Upon entry into
force of this Agreement~ the treaties listed in this Agreement shall be
binding on Cyprus, and the attached legislation
indispensable for the functioning of the shall be in
force.
- 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.
- Cyprus shall sign and ratify
the Treaty of Accession to the European Union.
- 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 the 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.
Article 2 The State of Cyprus, its
government, and
its
1. The status and relationship
of the State of Cyprus, its government, and its
, is modeled on the status and relationship of
Switzerland, its federal government, and its Cantons.
Accordingly:
- Cyprus is an independent state in the form of an indissoluble
partnership, with a government and two equal
, 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 .
- The 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, fulfiil its obligations
as a European Union member state, and protect its integrity, borders and
ancient heritage.
- The are of equal status. Within the limits of the Constitution,
they sovereignly exercise all powers not vested by the
Constitution
in the government, organizing themselves freely under
their own Constitutions.
2.The
shall cooperate and co-ordinate with each other and with the , including through Cooperation Agreements, as well as through
Constitutional Laws approved by the legislatures of the
and the . In particular, the
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
may have commercial and cultural relations with the
outside world in conformity with the Constitution.
3.The
and the shall fully respect and not
infringe upon the powers and functions of each other. There shall be no
hierarchy between the laws of the and those of the
. 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 .
Article
3 Citizenship
1. There is a
single Cypriot citizenship. Special majority law shall
regulate eligibility for Cypriot citizenship.
2. All Cypriot citizens shall also enjoy internal citizenship status. Like the citizenship status of the European
Union, this status shall complement and not replace Cypriot citizenship. A
may tie the exercise of political rights at its level
to its internal 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 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 limitations shall be
permissible only if one third of the population hails from the other
.
Article 4 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 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 shall enjoy cultural and educational rights and shall be represented
in the 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 and
legislatures.
Article
5 The government
1. The
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 . The Chamber of
Deputies shall be composed in proportion to population, provided that each
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
. For specified matters, a special majority of
two-fifths of sitting Senators from each 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 , though no
less than one-third of the members of the Council must come from each
.
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 .
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 from the same .
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 .
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]
of the 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.
Article
6 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 and three
non-Cypriots.
3. The
Supreme Court shall, inter alia, resolve disputes between the
or between one or both of them and the , and resolve on an interim basis deadlocks within the institutions of
the if this is indispensable to the proper functioning of
the .
Article
7 Transitional
institutions
1. The
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.
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 Parliament to operate for one year.
4. A
transitional Supreme Court shall be appointed by the Co-Presidents for one
year.
Article
8 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 ;
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 and the Turkish Cypriot 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 , with the
concurrence of both , 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
, and the , 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 shall tolerate violence or incitement of violence against the , the , 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.
Article 9 boundaries and territorial
adjustment
1. The
territorial boundaries of the 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 upon entry into force of this Agreement, shall be administered during an
interim period no longer than three years by the Turkish Cypriot . Administration shall be transferred under the supervision of the
United Nations to the Greek Cypriot 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 .
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.
Article
10 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 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 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 and Y% in any given
municipality or village (other than villages specifically designated in this
Agreement) shall be reinstated to owners from the other ; 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 , as well as non-Cypriot members. No direct
dealings between individuals shall be necessary.
Article
11 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.
Article
12 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 from
which the claimant hails.
Article 13 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 raised in
accordance with the Constitution and relevant legislation, and the anthems of
Cyprus and of the 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.
Article
14 Annexes
The above
main articles are reflected in detailed legal language in the Annexes which
form an integral part of this Agreement.
Maps
Map A
Map B
For details in Greek see
http://www.phileleftheros.com/news/alitheia.htm
