Article 9 Constituent state boundaries and territorial adjustment

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

Foundation Agreement

Article 9 Constituent state boundaries and territorial adjustment

1. The territorial boundaries of the constituent states shall be as depicted in the map which forms part of this Agreement.2

2. Areas subject to territorial adjustment which are legally part of the Greek Cypriot State upon entry into force of this Agreement, shall be administered during an interim period no longer than three years by the Turkish Cypriot State. Administration shall be transferred under the supervision of the United Nations to the Greek Cypriot State in agreed phases, beginning 90 days after entry into force of this Agreement with the transfer of administration of largely uninhabited areas contiguous with the remainder of the Greek Cypriot State.

2 Observation: There are, in fact, two maps attached to the Constitution. The first map depicts the territory of the United Cyprus Republic and the territorial boundaries of the constituent states upon entry into force of the Foundation Agreement. The second map depicts the territory of the United Cyprus Republic and the territorial boundaries of the constituent states upon entry into force of the Additional Protocol to the Treaty of Establishment.

Comments

The maps and boundaries provided by this plan are deliberately designed to deny the Greek Cypriot refugees the right to return to their homes in safety as demanded by the Resolutions of the United Nations Security Council and General Assembly, and the used of the terms Greek Cypriot and turkis Cypriot components state indication that the intention of this plane is to create a legalised system of Apartheid. It envisages putting places in which Greek Cypriots have always formed the majority, such as Kyrenia and Famagousta in a component state under Turkish Cypriot control. The areas that will be retuned to the Greek Cypriot as delineated in such a way as to make the un navigable and undependable therefore the Greek Cypriots cannot feel safe. The road linking the Greek Cypriot city of Famagousta and Varasha to Nicosia is placed under Turkish Cypriot control thus cutting of the Greek Cypriots form the capital, when it could have easily been placed under Greek Cypriot control. The Greek Cypriot who need to use this road to serve their economy interests will be left out in the cold. A similar situation exists in the Karpasia region and many others.

The Galo Plaza UN Secretary General report of 1965 affirms the fact that the people of Cyprus were never separate and 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''

The only way a federal system can be create is though the creation of as system of virtual cantons. All villages in which the Greek Cypriots formed a majority before the invasion and are the majority land owners must be retuned to the Greek Cypriot refugees. All villages in which the Turkish Cypriots formed a majority before the invasion an are the majority land owners must be retuned to the Turkish Cypriot refugees. The occupants of these villages should then elect which canton the chose to belong to by majority. These virtual cantons will become the constituent states and elect their own legislatures. On a local and municipal level, local and municipal government should be carried out within the existing regional boundaries of Kyrenia, Famagousta, Lefkosia, Larnaca, Limasol and Paphos under federal law.

The attempt to putting the areas to be retuned to Greek Cypriot refugees under Turkish Cypriot administration for 3 years is a further admission of apartheid by the plan and can only be view as an attempt to deter the Greek Cypriot refugees from returning to their homes in safety. How can they feel safe under Turkish military rule which is inevitable.

Apart from this there is no guarantee that Turkey will withdraw its illegal forces and colonists or return the territory it illegally occupies when this agreement comes into force therefore Turkey must remove its illegal troops and colonists from Cyprus soil prior to the enactment of this Agreement.

Articles 1 and 2 must therefore be amended as follows.

Amendment Required

1. There shall be no Apartheid in Cyprus. There will be no territorial boundaries of the constituent states. Once all the refugees have returned to their homes and all displaced person have been re-settled the residents of each village, town and city, shall elect which constituent state they will be considered part of, by special majority. On a municipal and local level the existing boundaries of the regions of Kyrenia, Famagousta, Lefkosia and Larnaka shall remain valid, and these regions within their boundaries shall be administered by their residents irrespective of the constituent-state affiliation of the individual villages, towns and cities.

2. All territory shall be subject to the federal government. Administration shall be transferred under the supervision of the United Nations commencing with the transfer of administration of largely uninhabited areas contiguous with the remainder to the Government of the existing Republic of Cyprus government in agreed phases, beginning immediately after signing of this Agreement. This constitutional, governmental and institutional changes contained within this Agreement shall not enter into force until all illegal Turkish occupation forces and colonists have been removed from Cyprus soil and all territory has been retuned to the Republic of Cyprus and all refugees are able to return to their homes in safety as called for by UN Resolutions and receive just satisfaction.

Clarification Required

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