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

Foundation Agreement

Article 3 Citizenship

4. Until Turkey’s accession to the European Union, a constituent state may limit the establishment of residence by persons hailing from the other constituent state. To this effect, it may establish a moratorium until the end of the sixth year, after which limitations are permissible if the number of residents hailing from the other constituent state has reached 7% of the population of a village or municipality between the 7th and 10th years and 14% between the 11th and 15th years and 21% of the population of the relevant constituent state thereafter. After the second year, no such limitations shall apply to former inhabitants over the age of 65 accompanied by a spouse or sibling, nor to former inhabitants of specified villages.

Comments

The above paragraph constitutes a FLAGRENT VIOLATION of fundamental human rights laws including the European Convention of Human Rights, and the International Declaration of Human Rights, and existing UN Security Council and General Assembly resolutions which were unanimously adopted and demand the immediate unrestricted return of the refugees to their homes in safety.

The derogation of the rights of freedom of residency and political representation is the basis for a system of illegal apartheid intended to legitimise the brutal ethnic cleansing of over 200,000 Greek Cypriots who made up over 82% of the population and and owned 90% of the land and property in the occupied north.

Kofi Annan should be ASHAMED of himself that he even allowed this paragraph to be considered let alone form part of his plan.

The fact that these unacceptable and illegal derogations of fundamental human rights are linked to the accession of Turkey to the EU is tantamount to BALACKMAILING both the state of Cyprus and the European Union.

This provision is legally untenable and unenforceable and cannot and will not be tolerated by either the people of Cyprus the EU or the European Court of Human Rights in any way shape or form.

In addition to vaulting existing Human Rights treaties which Cyprus is already committed to by Article 5 of the 1960 Constitution this provision constitutes a flagrant violation of Article 3 of the Treaty of Rome by denying freedom of movement of persons, Articles 48 of the Treaty of Rome by denying freedom of movement of workers, Article 52 and 53 of the Treaty of Rome by denying freedom of establishment, Article 59 of the Treaty of Rome by denying freedom to provide services in situ, and Article 3 of the Treaty of Rome by making it impossible for the Cyprus government to implement the Acquis Communautaire.

Further more Article 8 of the Treaty of Rome entitles all EU citizens the right of political representation at local level.

Article 3. 4 MUST BE DELLETED IN ITS ENTIRITY and replaced with a clause guaranteeing freedom of movement, residency and political representation.

Amendment Required

4. In accordance with the principles embodied in the Treaty of Rome and the European Convention of Human Rights there shall be no limits or restrictions placed on the rights of establishment of residence or democratic representation. No Cyprus citizen shall in any way or for any reason or under any circumstances be prevented from determining their place or permanent residence or from exercising political rights there in.

Clarification Required