Article 8 Demilitarisation

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

Foundation Agreement

Article 7 Transitional federal institutions

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 the United Cyprus Republic, the territorial integrity, security and constitutional order of the constituent states;

Comments

In order for the Annan plan to be functional and workable the people of Cyprus need to feel secure. The Treaty of Establishment, the Treaty of Guarantee, and the Treaty of Alliance were all incapable of preventing Greece from orchestrating a military coup against the democratised elected president of the Republic of Cyprus at the behest of the CIA on the orders of Henry Kissinger, which gave Turkey a pretext to invade Cyprus in violation of Article 2 Paragraph 4 of the UN Charter as stated in numerous UN resolutions. The US conspired with NATO so that no action was taken to stop Turkey and to the contrary NATO endorsed Turkey illegal invasion and the assassination attempt of Prsident Makarios. Britain failed in its commitments to protect Cyprus and because of the intervention of Henry Kissinger who ordered James Callahan not to attempt to intervene when Turkey violated a UN brokered cease fire on August 14 1974 and invaded Cyprus a second time in the same year 200,000 Greek Cypriots were ethnically cleansed and thousands were mutilated, raped, murdered, tortured or made to disappear by Turkish forces as documented in the Reports of the European Commission of Human Rights which found Turkey alone was guilty of mass violation of the European Convention of Human Rights.

From 1960 to 1974 and since then, the guarantor powers have undermined the sovereignty and integrity of the Republic of Cyprus they were supposed to guarantee in the first place. The Annan plan maintains and strengthens the rights of the guarantor powers as if the recent history of Cyprus never happened.

Turkey does not recognise the Republic of Cyprus nor has it shown any intention of respecting its unity, independence, sovereignty, and territorial integrity for over 30 years. Since 1964 Turkey has repeatedly failed to comply with over 130 UN Security Council Resolutions concerning Cyprus and numerous European Court of Human Right judgments ordering to unconditionally compensate the Cypriot victims of its human rights violations. How can Cyprus feel secure when a state that does not recognise it and holds the UN and ECHR in contempt, is expected to guarantee its security.

By relying on a failed system of guarantees and by ignoring recent history Article 8 a. is incapable of given the Cypriot people the security they need.

The Treaty of Establishment, the Treaty of Guarantee, and the Treaty of Alliance must be replaced be new treaties and new guarantees and guarantors which Cyprus can rely on. The most reliable guarantor of Cyprus security is Cyprus itself. The UN was powerless and incapable of stopping the two Turkish invasion of 1974, and none of the existing guarantor powers can be trusted individually or collectively nor can NATO.

Besides that the Treaty of Establishment, the Treaty of Guarantee, and the Treaty of Alliance are all incompatible with Cyprus EU membership. A member of the EU cannot have guarantors when the EU is its own guarantor. Cyprus is already a member of the ESDP initiative and is bound by its obligations under that. Cyprus should be incorporated into a single European defence structure which maintains a mutually binding clause that stated that an attack on one member state is an attack on all members then this could become the basis of Cyprus

Taking the above into consideration it is unthinkable that Article 8 Paragraph 1 a. can stand as it is and must be amended.

Amendment Required

“a. The Treaty of Establishment, the Treaty of Guarantee, and the Treaty of Alliance will all be abolished and become null and void and when Cyprus joins the EU in May 2004 when the European Union will undertake its responsibilities for guaranteeing Cyprus unity, independence, sovereignty and territorial integrity.”

Clarification Required