Independent In-depth Paragraph by Paragraph Analysis of the Implications of the Annan Plan

Foundation Agreement

Article 2 The United Cyprus Republic, its federal government, and its constituent states

Paragraph 1 The status and relationship of the United Cyprus Republic, its federal government, and its constituent states, is modeled on the status and relationship of Switzerland, its federal government, and its cantons.

Accordingly:

a. The United Cyprus Republic is an independent state in the form of an indissoluble partnership, with a federal government and two equal constituent states, the Greek Cypriot State and the Turkish Cypriot State. Cyprus is a member of the United Nations and has a single international legal personality and sovereignty. The United Cyprus Republic is organised 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 constituent states.

Comments

The first sentence in paragraph 1a which calls for a federal government is contradicted by the main clause which cites the constitution of Switzerland as the basis of the Annan plans model. The Swiss constitution spells out that it is a “confederation” in 3 languages (Confédération suisse/Schweizerische Eidgenossenschaft/Confederazione Svizzera in title to Article 1) and Kofi Annan could not have been ignorant of this.

A Confederal solution blatantly contravenes the Makarios Denktash 1977 and 1979 High Level Agreements and every UN Resolutions since Security Council resolution 649 (1990) which lays out the basis for a bi-communal bi-zonal federation.

Mr Annan refers to bi-zonality but he fails to make any mention of bi-communality anywhere in his plan. He cannot have been unaware of the contents of his own organisation resolutions when he drafted this plan and that these must form the basis of a solution.

Under the definitions of the communities given in the 1960 constitution bi-communal means that Greek, Armenians, Mariontie, Latin and Turkish Cypriots must be allowed to live together anywhere and everywhere in the island.

It is clear from the divisive labels “Greek Cypriot State” and “Turkish Cypriot State” in clause a. that Kofi Annan intends to partition Cyprus along ethno-religious lines and this can only be archived by legalising the product of ethnic cleansing and by depriving the refugees of their property rights which is completely illegal and for which there is no justification. Prior to ethnic cleansing of Cyprus that was perpetrated by the Turkish invasion forces in 1974 the Galo Plaza UN Secretary Generals report of 1965 affirmed the fact that the people of Cyprus never lived separately or in any form of cantons but have always lived in mixed communities.

According to Cyprus President Tassos Papadopoulos (ANA 03-10-17) as far as land ownership is concerned, “the Turkish Cypriots have 12.9 percent and the rest is for Greek Cypriots, Maronites, Armenians and Latins. 'So there is no area where Turkish Cypriot ownership is predominant so as to explain having two states’”.

Paragraph 1a must be amended to bring it inline with the resolutions of the United Nations Security Council which demand the end of the illegal occupation of Cyprus by Turkey and the return of the refugees to their homes safety and call for a federal system of government to be established.

Clarification Required

Why is Mr Annan not adhering to the form of solution specified by his own organisations resolutions.

What does Mr Annan mean by bi-zonality and why has he deliberately failed to make any mention of bi-communality anywhere in his plan.

Does Mr Annan intend to force the communities of Cyprus to live apart.

Does Mr Annan intend to legalise and preserve the status-quo created by illegal aggression and ethnic cleansing and if not why does he refer to a “Greek Cypriot State” and a “Turkish Cypriot State” for which there was never any demographic basis.

Does Mr Annan intend to deprive any of the Greek Cypriot refugees of their land and property.

Does Mr Annan intend create and a Apartheid state within Cyprus and if not why is there no clause in the Agreement prohibiting apartheid.

Amendment Required

1. The status and relationship of the Republic of Cyprus, its federal government, and its cantons is based on EU law.

Accordingly:

a. The Republic of Cyprus is an independent state in the form of an indissoluble federation, with a federal government and equal cantons. Cyprus is a member of the United Nations and has a single international legal personality and sovereignty. The Republic of Cyprus is organised under its Constitution in accordance with the basic principles of rule of law, democracy, representative republican government, political equality, bi-zonality and bi-communality, and the equal status of the cantons.

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revised 30/01/04