пятница, 9 марта 2012 г.

A Brief recent History of Cyprus
Cyprus as we know is the third largest island in the world-But of course, after Sicily and Sardinia. It is situated 40 miles far from Turkey and 600 miles from Greece.

This island invaded by diverse enclaves and ruled a long period. Basically island became a part of the Ottoman Empire in 1571 and remained under Turkish administration until 1878. Later it was rented to Great Britain but it was belonging to the Ottoman Turks.

 But Zenon Stravrinides gave something different explanation to this historical background. As he said in 1453 the Ottoman Empire conquered Constantinople capital of the Byzantine Empire. And in 1460 the whole of the Greek mainland had been brought under Ottoman Empire and that time Ottoman Empire gave permission to the Christians freedom to retain their ethnic, religious and cultural identity under administration of the Greek Orthodox Church. So within the Byzantine Empire the Church had developed institution of the state. When in 1571 the Turks conquered Cyprus from the Venetian they recognized the Archbishop of the Orthodox Church as the head of the Greek Cypriot side. In 1821 under protection of Britain, France and Russia an independent state of Greece was established.

According to Ahmed Sozen sources-During First World War, Cyprus was invaded by Great Britain. Great Britain colonized the island in 1924 after the Lausanne Conference and the island remained a British colony until 1960. Actually after 1950s Greek Cypriots struggle against the British colonial rule.

So Greek Cypriots established EOKA against British rule in the island. EOKA-Ethniki Organosis Kyprion Agoniston-Cypriot Fighters Organization realized a bloody struggle against TMT (Turk Mukavement Teshkilati/Turkish Resistance Organization) after British rule in the island.  That time Turkish supported Britain rule in the island. Actually Greek Cypriots intent was on ENOSIS (union of Cyprus with Greece) and of course Turkish Cypriots didn’t want it. So that’s why they supported Britain rule in the island. However later when it was obvious that the British would withdraw from the island the Turkish Cypriot leadership supported the idea of “TAKSIM” (partition of the island between Greece and Turkey). 

In 1960 the island was granted a “restricted” independence. In 1959 an independent, bi-national, bi-communal state was established after treaty of Zurich and London and it was established under the Guarantorship of Greece, Turkey and the UK. So the Republic of Cyprus was established with 80% and 20 % proportion.  There were several alternatives: union of the island with Greece, returning island to previous owner-Turkey, partition of the island between Greece and Turkey or continuation of the British rule.

So in 1960 established “restricted independency” in Cyprus. It called restricted because of that UK would keep two sovereign bases for itself and both Turkey and Greece could keep a small number of troops in the island as a guarantor powers. So this is why exactly it was a “restricted independency”.

However the life of this partnership lasted only three years. In 1963 there was argument that the constitution of Republic of Cyprus is unworkable. The Greek Cypriot side wanted to amend the constitution. So Makarios came to power with his famous “thirteen point”. Actually eight of these articles to be amended were main fundamental basic articles of the constitutions of Republic of Cyprus. Meanwhile, the main objective of the amendments showed Turkish Cypriots as minority.

The Turkish Cypriot leadership rejected the amendments. So Turkish Cypriots took the issue of “establishing separate municipalities”. We can analyze it this point in article 173. But Makarios rejected it. That time the neutral President of the Court resigned and of course Makarios dismissed the Turkish Cypriot cabinet ministers, member of the House of Representatives and all the Turkish Cypriot civil servants. In addition he also discharged all the Turkish Cypriot diplomats at the United Nations. His aim here was to cut the channels of the Turkish Cypriots to present their case to the world.

But story from Greek Cypriot perspective is different. They believe that the Turkish Cypriot cabinet ministers and the members of the House left their position voluntarily in order to protest the Greek Cypriot proposal of the “thirteen amendments” and the Turkish civil servants were forced by the Turkish Cypriot leadership to leave their jobs.

So from 1963 to 1974 the Turkish were forced to choose migration to other places. Due to this migration the Turkish Cypriot left their land and homes and remained 3% in the island. There were guerrilla attacks on Turkish Cypriots. That time there was one great idea-Megalo idea. The aim was Hellenization of island. The intercommunal violence broke out on December 21, 1963. However the Turkish Cypriots used their resistance group, TMT as a counter force. Here of course TMT was much weaker in comparison to EOKA-B. So, a bitter and bloody struggle began between the two communities.

Turkish Cypriot that time indented on intervention of Turkey as guarantor according to treaty of Guarantee. However the international atmosphere was not convenient for Turkey to intervene into the island. However that time the president of US president Lyndon Johnson send a letter to the Turkish Prime Minister Ismet Inonu demanding “non-intervention” of Turkey into the island in 1964. US threaten Turkey that they would not fulfill its NATO obligations. Such as not coming to the aid of Turkey in case of a Soviet attack on Turkey. Ismet Inonu was so happy. Because of him, he thank that attracted US on Turkey. After Cuban Missile crisis it was second time that US shared position of Turkey at the glance.

During the second half of the 1960s and the early 1970s when there was a military regime in Greece there was a dispute between the leadership on the method of uniting Cyprus with Greece. However the military regime in Greece wanted a fast and effective military attack-a fait accompli and also genocide. So they realized coup d’etat against the Republic of Cyprus. As a result of this coup d’etat Turkey under provision of the Treaty of Guarantee of 1960 sent troops of the island on July 20, 1974 in order to prevent the union of the island with Greece and to prevent the bloodshed.

According to the Greek Cypriots of course this was direct invasion. So turkey captured one third of the island in the north. In 1975 the Turkish Cypriots established the “Turkish Federal State of Cyprus”. In 1977 and 1979 two high level agreements known as “Denktas-Makarios” and “Denktas-Kyprianou” Summits were signed in which the two sides agreed on establishing a bi-communal and bi-zonal federal state. Here UN played a mediation role.

In 1983 the Turkish Cypriots established their own independent state, the Turkish Republic of Northern Cyprus (TRNS). They insisted on self determination of Turkish Cypriot people.

Today here exist two de-facto nation-states in Cyprus. Republic of Cyprus is recognized internationally and claims to have the legal and legitimate government of the whole island. The other is not recognized and still this problem is not solved.   Also as Zenon Stvrinides insisted on the Greek and Turkish sides failed to reach a final agreement. These points raise several questions which are crucial to our understanding of the Cyprus conflict. As he claimed firstly we have to know to make clear how the Greek and Turkish communities of Cyprus have identified their national identity; such as what it means to a Greek Cypriot to be Greek and to a Turkish Cypriot to be Turkish.

 
The 1960 Constitution and the treaty of Guarantee
 In 1959 the Turkish and Greek Foreign Minister came to the negotiation table to solve problem of Cyprus. It took them to the Zurich Agreement on February 11, 1959 and it was signed in London on February 19, 1959.  Actually this compromise solution which was reached among Greece and Turkey and the UK was guaranteed by these powers by the Treaty of Guarantee of 1960.

Later treaty of Alliance was entered into force between Greece, Turkey and the Republic of Cyprus.  Of course it gave comfortable position to realize the establishment of a Tripartite Headquarters. In addition the treaty of Establishment between Cyprus and the UK established the republic of Cyprus. Basically the 1960 Constitution of the Republic of Cyprus was designed the framework of the Zurich and London agreements.

According to 1960 Constitution the new republic would be a presidential system. Division of executive power is like that: president of the Republic was to be a Greek Cypriot and the Vise-President a Turkish Cypriot. President and Vise-President were to have a Council of Ministers composed of 7 Greek Cypriot and 3 Turkish Cypriot ministers. One of the three important ministers (Ministry of Defense, Finance and Foreign Affairs) would be given to a Turkish Cypriot member. Also both the president and vise president would have veto power on decisions of the Council of Ministers concerning Foreign, Defense and Security. Here the decision of the Council would be taken by absolute majority.

Let’s analyze legislative power. Legislative power would be presented by the House of Representatives. 35 of the 50 member House would be Greek Cypriot and the remaining 15 would be Turkish Cypriot. The president of the House was to be a Greek Cypriot while Vise-president a Turkish Cypriot. In addition I can add here that this state was functional federal state. And compare with “Set of ideas” and “Anan plan” here we can’t see bi-zonality and bi-communality.

The authority in the area of judiciary is vested in
Supreme Constitutional Court
and the High Court. The
Constitutional Court
was composed of three Judges: A Greek Cypriot, a Turkish Cypriot and a neutral president. Neutral president must be not a Greek and Turkish Cypriot.  Basically the High Court was composed of neutral president again Greek and Turkish Cypriot judges. Actually neutral president has 2 votes. Meanwhile in Greek has 2 and in Turkish Cypriot judges have 1 vote right. If there someone steal something so people from different communities was to be determined by normal court. But judges who are going to defense issue would be deciding by High Court. Basically, the role of the Supreme Court analyzes and evaluates Constitution amendments. But Communal court gives attention to the daily issues. If we are going to compare with the “Set of ideas” there will be one Supreme Court which equally composed from both communities’ judges. Also in addition here will be each federal states court and policy to exercise judiciary power. Actually in according to “Set of Ideas” judge will be appointed by president and vise-president of course with the consent of Upper House. However president will be elected from senior Greek and Turkish Cypriot judges. If we are going to compare according to “Anan plan” we can see that in Supreme Court will deal federal law and there will be 9 members (3 T+3G+3F). Three foreign are for prevent any dead lock. Further, each state will has their judicial courts. But actually in last negotiations both sides came to common idea do not enter to their issue other foreign judges. Their intent is solve problem without them.

In accordance to 1960 Constitution Public service was to be composed of Greek and Turkish Cypriots according to the ratio of 70 % Greek Cypriots to 30 % Turkish Cypriots. This is the same ratio for the members of the Council of Ministers, the House of Representatives and the security forces of the republic.

The republic should have an army of 2000 men. The ratio is: 60% were Greek Cypriots and 40 % Turkish Cypriots. The republic should have an additional security force approximately 70% Greek Cypriot and 30 % Turkish Cypriot. This is about 2000 men. According to treaty of Alliance between Cyprus, Greece and turkey provided for a contingent 950 soldiers of the Kingdom of Greece and 650 soldiers of the republic Turkey.
Actually Cyprus republic was Consociationel democracy state according to 1960 Constitution. Consociationel democracy is the politics of accommodation where is rights and interests of different groups are protected and represented in the government. Basically Consociationel democracy is established and not worked in Lebanon and Cyprus. But it is useful in Belgium, Netherlands, and Switzerland.

In addition Cyprus has very significant geopolitical position. Both Greek and Turkey was member of NATO. So Cold war mentality was suppressed them. Finally in 1960 here emerged functional federation in Cyprus. This was division of power between two states.
In 1960 there was debate on treaty of Guarantee exactly on article 4.  Actually this article was so famous and debated article in the Cyprus conflict.  So the Greek Cypriots started to raise this issue at the international platforms in early 1960s.  Basically by article 4 it was agreed by the guarantor powers and the Republic of Cyprus that in the event of a breach of the provisions of the treaty.
(a)     “The Guarantor powers would consult together with respect to respect to representations or measures necessary to ensure observance of those provisions”.
(b)    “In so far as common or concerted action may not prove possible, each of the three Guaranteeing Powers reserved the right to take action with the sole aim of re-establishing the state of affairs created by the present Treaty

The Greek Cypriot leadership argued that the treaty did not authorize the use of force. During the 1960s both Greece and Greek Cypriot leadership repeatedly claimed that a Turkish military intervention would violate both the sovereign equality of Cyprus under article2 (1) of the UN Charter and the prohibition against the use of force under article 2(4) of the same Charter.  In the UN Security Council meeting the British representative’s response to the Greek Cypriot arguments was that in certain circumstances, the treaty did authorize the use of force such use would not necessarily be inconsistent with the United Nations Charter.

In order to better understand the dynamics of the Cyprus conflict one has to look at what the basic interests of the two sides are and how they have changed in time and according to the political situations.

Greek Cypriots have always been the majority of the population. They desired to unite the island with Greece with whom they identify as their motherland. Actually the Greek Cypriots leadership is still recognized as the legitimate of the Republic of Cyprus. Meanwhile the Turkish Republic of Northern Cyprus is not recognized by any country of course due to UN Security Council’s Resolution 541.  So, since 1963 and 1974 when two communities started to live separately in two parts of the island as North and South the Greek Cypriot leadership has been enjoying all of the foreign aid.

Also they representing the whole island in international platforms, also it has had no de facto control over the Turkish community and Turkish Cypriot territory for more than three decades.

The Greek Cypriot side has GNP which is three times than of the TRNC and almost twice of the GNP in Greece.

In reality the Greek Cypriot leadership wants to rule dominantly in island. For them the best solution is to have “unitary state” and to show the Turkish Cypriot as minority.
However Turkish Cypriot was happy with the 1960 Constitution and the Treaty of Guarantee. Meanwhile in 1963 it was obvious that the Greek Cypriot did not want share the governmental power with the Turkish Cypriots. Greek Cypriot believed that Turkish Cypriot got more than they deserved according to 1960s constitution. But Turkish Cypriot believed that turkey intervention was just to stop bloodshed. After the island’s division into two separate territories they wanted to live under their own territory and administration. So in 1975 they established the Turkish Federal State of Cyprus. They claimed that was a signal to the Greek Cypriot leadership to form a bi-communal and bi-zonal federal state.  Actually two communities came together in 1977 and 1979 and signed two high level agreements. In 1983 the Turkish Cypriot declared their independence. However, the UN Security Council’s resolution 541 called the state not to recognize the TRNC.

 It believes that only the people of Cyprus can resolve this conflict since they know the situation of their country better than the outside states.





The Cyprus negotiations and mediations

During the early years the Cyprus problem was seen dangerous dispute between Turkey and Greece. Actually Turkey and Greece are the two NATO allies. So, here is attracted many great powers to solve this problem.

After Lyndon Johnson mediation attempt between Turkey and Greece in 1964 London Conference was an important attempt to find a peaceful solution for the Cyprus problem. Representatives of Greece and Turkey attended in the conference and finally this conference is failed.

Later in 1964 January NATO offered NATO peacekeeping forces and mediation which was rejected by Makarios. In 1964 march 4 the UN Security Council Resolution 186 was passed. According to this resolution a UN peacekeeping force was formed and became operational on March 27, 1964. Also this is was first time that the UN Security General appointed mediator to promote a peaceful solution in Cyprus. According to resolution:
Article2: All members of UN shall refrain in their international relations in treat use force against the territorial integrity, political independence in any debate
Article4: According 680 resolutions a peace keeping force will be send country.
The article is important because UN peace keeping forces can send only by approval of legitimate government.

In summer there Acheson plan realized. Meanwhile US proposal resulted in the talks between Turkey and Greece under the auspices of the UN mediator. Actually Dean Acheson proposed plan for this dispute. This is: to unite Cyprus with Greece and to provide the Greek island of Kasstellorizon. Later this plan was rejected by Makarios and Greece.

In 1965 there was Gala Plaza Report. Plaza wrote a report criticizing the 1960 Constitution. He suggested that the Greeks abstain from ENOISIS. This report was rejected by Turkish Government because it believed that Plaza ceased to be mediator and acted like an arbiter who is against his UN mandate. That time Greeks and the Greek Cypriots accepted the report as the basis for negotiations.
So later in 1967 Greece and Turkey came together by the initiative of NATO foreign ministers in order to renew their commitments on Cyprus. The proposal of the Greek Junta was rejected by the Turks.

In 1967 September-there was time of Cyrus Vance’s Shuttle Diplomacy period. Vance undertook shuttle diplomacy between Athens, Ankara and Nicosia which was resulted withdrawal of Greek troops from Cyprus.

During 1963-68 the main attempts were to prevent confrontation of Turkey and Greece. Actually the US didn’t want to have a confrontation within NATO. So, here the US believed that a conflict between these countries would weaken the southern wing of NATO. Basically NATO was an important issue during the Cold War. So also the two communities in Cyprus had not been included into this search.

1968-74 is the period of Intercommunal talks. In 1968 the two communities in Cyprus were invited and they agreed to come and participate. So, not all negotiations were conducted. Here the objective of the talks was to explore various solutions for the constitutional problem on the basis of an independent republic. However Turkish Cypriots were trying to maintain the regional autonomy in their enclaves while the Greek Cypriots were trying to maintain the total control of the government machinery and a unitary state. Of course here each wanted different approaches:
1. Total Package Approach (Turks): Agreement should be reached on all issues before being it was signed
2. Peace Meal Approach (Greek): Issues must be taken separately agreed upon without any relation to other issues.

As we know after Greek coup and Turkish military operation resolution 353 called for the Guarantor powers to enter into negotiations in order to restore peace in Cyprus. So, two conferences were held in Geneva in 1974. In February 1975 the Turkish Cypriots declared the “Turkish Federal State of Cyprus”. So under the auspices of the UN five rounds of intercommunal talks took place. The results of these talks were the agreement of transference of the population from North to South and also vise versa.

In 1977 there was a meeting in Vienna, two heads of governments Denktas and Makarios agreed on very important 4 guide lines. Denktas invited Makarios to review the previous talk. These meeting resulted in four guidelines.
1)  an independent, non-aligned, bicommunal federal Republic
2)  the territory under the administration of each community should be discussed in the light of economic viability and productivity and land ownership
3)  Questions of principles like freedom of movement, freedom of settlement, the right of property and other specific matters are open for discussion taking into consideration the fundamental basis for a bicommunal federal system and certain practical difficulties which may arise for the Turkish community.
4)  The power and the functions of the central federal government will be such as to safeguard the unity of the country, having regard to the bicommunal character of the state.

In 1979 there was meeting between Denktas-Kyprianou. Actually this was set of negotiation under auspices of Secretary General Kurt Waldheim produced the “Ten-Point Agreement”.


In august 1980 Kurt Waldheim appointed a special representative Hugo Gobi to reactivate the intercommunal dialogue. So 1981 Waldheim came up with an evaluation paper. It called the Interim Agreement. Actually this agreement was accepted by the Greek Cypriots as a “basis for further discussion” and by the Turkish Cypriots as a “framework for negotiations”.

In 1983 important progress was reached on paper. It had to recognize Denktas as an equal. So Kyprianou’s intransigence to accept Denktas as equal in the negotiations gave the necessary pretext to the Turkish Cypriots to declare the “Turkish Republic of Northern Cyprus”.

1984-86 is the proximity talks time. Actually this was “mini-Package” approaches. Perez de Cuellar tried to formulate comprehensive approaches, which is based on 1977 and 1979 Summit Agreements. Cuellar is the UN’s special representatives for Cyprus. So Cuellar’s comprehensive approaches were taken more passionately by the Turkish Cypriots. They believed that if they accepted an agreement in which only a few issues of the conflict were solved then they would be committed to a negotiation process in which they would have no guarantee to fulfill their major concerns and that finally they would lose their bargaining power.
In 1984 Perez de Cuellar produced his Draft Framework Agreement which was modified several times. Finally draft agreement was accepted by Turkish and Turkish Cypriots. Kyprianou also satisfied. However draft agreement would be signed on January 17, 1985. But that time Kyprianou visited Greece Premier Papandreou. Basically he was against to improved Greko-Turkish relations. So after all Kyprianou rejected the draft agreement.

According to the plan the new Cypriot state was to be bicommunal as regards the federal constitutional aspect and bizonal as regards the territorial aspect. The Turkish Cypriots was to retain “29 plus” percent of the land. So the president was to be a Greek Cypriot and the vice president was to be a Turkish Cypriots.

Also here a house of representatives and a senate were to be established. The first one was to have 70% Greek Cypriot and 30 % Turkish Cypriots. In the Senate the membership was to be equally divided. The Turkish Cypriots were to have veto power over all decisions of the federal government. Each community was to have its own policy force.

So finally they came to decision withdrawal of non-Cypriots military troops. So this phase of the negotiations were interesting because a lot of external pressure, especially the US and UK. Also, here one important point that some Islamist countries threatened to recognize the “Turkish Republic of Northern Cyprus”.
Greek here asked:
1.  withdrawal of Turkish troops from North
2.  3 freedoms movement, settlement, property
3.  non TRNC should turn back
Actually this proposal is expressed as the two community’s best chance.

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