To achieve a “Bi-Zonal and Bi-Communal Federal Solution”,
it is inevitable that the struggle should be based on 1960 rights.
The unsolved Cyprus problem is causing irreparable damages to Turkish Cypriots. Greek Cypriot leadership has based its solution perspectives on the Turkey’s EU accession process, during which it is hopping to prune Turkish Cypriot’s rights “slice by slice” and finally achieve a unitary state. Turkey seems to be acting in line with Greek Cypriot’s strategy of playing for time.
Turkey’s short-term strategy is “I shall not open my ports, until isolations are lifted”. However, it is impossible to open the northern Cypriot ports to normal traffic under TRNC jurisdiction. Under these circumstances, Turkey will either accept concessions from Turkish Cypriot rights or face derailment of its EU process and pay for the consequences. Turkey, being unable to initiate any new openings and coupled with her local dynamic’s pressures, is at the verge of asking for its EU process to be suspended. Under these circumstances a crisis at autumn is inevitable.
The strategy to achieve the recognition of TRNC will not be successful. The only way for the Turkish Cypriot community to stop the “slice by slice policy” is to reclaim its 1960 rights. Opening of the northern ports to direct flights and international trade requires international recognition of TRNC jurisdiction, which is impossible. Thus, the strategy that “isolations will be lifted and the Greek Cypriots will be forced for a solution” is a long lost case.
“Bi-Zonal and Bi-Communal Federal Solution” can only be achieved by reclaiming 1960 constitutional rights. As things stand, Greek Cypriot leadership is faced with two alternatives. Is it going to be a solution similar to Annan Plan, based on political equality or pursue the current policy of “slice by slice” and achieve a unitary state which has so far been successfully implemented? Naturally, Greek Cypriot leadership will opt for “unitary state” option. However, should the Turkish Cypriot Community reclaims its 1960 rights, the unitary state option will be discarded and the Greek Cypriot leadership will be faced with the choice of either the 1960 administration or “a solution based on UN resolutions and Cyprus’s EU realities”.
According to the 1960 Constitution, the House of Representatives is formed by 70/30 ratios of Greek and Turkish Cypriots. Decisions of the Council of Ministers including those regarding Turkey, EU relations, foreign policies and taxation are to be taken by double majority. Of three key ministries, defence, finance, and foreign affairs, one is to be held by a Turkish Cypriot. The President and the Vice-President have the right of veto, separately or jointly, over certain laws or decisions of both the Council of Ministers and the House of Representatives. In reality, the 1960 power sharing system gives Turkish Cypriots more power. Further more, 1977 and 1979 High Level Agreements have already endorsed a bi-zonal solution.
According to a solution reached in line with UN resolutions and Cyprus’s European realities, there will be two constituent states, which shall carry out their daily business without the
approval of the other. Federal Government will take decisions on EU relations and foreign affairs. The constituent states will function without any hindrance and with regards to EU decisions; one side’s “yes” and the others “no” would still mean “yes”.
The rights invested by the 1960 constitution to both communities, concerning the whole of the island hindered the smooth running of the Government. However, in a Federal solution constituent states will function smoothly and disputes arising on EU matters will be solved by automated mechanisms.
Now we should put our taboos and obsessions to one side and start looking for a way out. The legal procedure started by 78 Turkish Cypriots with regards to the 1960 rights, will take a long time to be fruitful. Firstly the domestic remedies have to be exhausted according to generally recognised rules of law and the lengthy ECHR procedures will follow. The government of the Republic of Cyprus is doing its utmost to prolong the local procedures. Until then, Greek Cypriot leadership will pursue its current policy and Turkish Cypriots will continue to be the loosing party.
So far Greek Cypriots have based their struggle on “Doctrine of Necessity” and are winning. The “Doctrine of Necessity” argument has always been far more acceptable by the international law than TRNC. Once we shift to 1960 bases, we shall be in a better position than the “Doctrine of Necessity”. Meanwhile, based on our 1960 rights instead of the recognition of the TRNC, it shall be possible to end of the isolations imposed on the Turkish Cypriot community.
Under these circumstances, the Greek Cypriot policy to veto Turkey will be annihilated. 1960 rights of Turkish Cypriots cannot be rejected by the international law. If we, the Turkish Cypriot community, discuss and change track to this new strategy, we shall put an end to the Greek Cypriot leadership’s anti-solution policy. The choice of the Greek Cypriot leadership between “unitary state or UN plan” will be dismissed and they will be faced with “1960 administration model or the UN Plan”. Once forced to make such a choice, naturally Greek Cypriot community and its leadership will prefer “UN Comprehensive Solution” plan to 1960 Agreements.
It is worthwhile for Turkey to support the 1960 strategy. Otherwise, while Turkey’s EU accession process turn to doomsday scenario, the disintegration danger of the Turkish Cypriot community will continue.
Ali Erel
President
