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

Foundation Agreement

Main Articles

ii. Resolved that the tragic events of the past shall never be repeated and renouncing forever the threat or the use of force, or any domination by or of either side

Comments

Cyprus will join the European Union in May 2004 and like all EU members is a multi-ethnic state which has proven to the EU that it respects the rights of all of its citizens irrespective of culture, race, religion, creed, gender or sexual orientation.

Article 5 of the 1960 Republic of Cyprus Constitution states "The Republic of Cyprus shall secure to everyone within its jurisdiction human rights and fundamental freedoms comparable to those set out in Section I of the European Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on the 4th of November, 1950, and the Protocol to that Convention signed at Paris on the 20th of March, 1952." The Republic of Cyprus has always maintained it duties and obligations under this article. Why is nothing similar included anywhere in the Annan plan ?

Paragraph ii. is divisive and historically inaccurate because it purports to blame all of tragic events in the past including the brutal Turkish invasion and occupation of Cyprus on the people of Cyprus themselves who are accused of trying to dominate each other despite the fact that the decisions of the UN itself considered that the troubles of the 60’s and the two successive invasions of 1974 were due to acts of illegal Turkish aggression and Turkish state sponsored terrorism [Res. 186 (1964), Res. 244 (1967), Res. 353 (1974), Res. 357/258 (1974)] that occurred without provocation in order to further Turkeys ambition to annex Cyprus into its possession against the wishes of Cyprus own people. Turkey’s violation of international law and culpability for its crimes in Cyprus has been affirmed by the judgments and reports of European Court and Commission of Human Rights. The coup by the Greek junta to assassinate Cyprus president Makarios was sponsored by the American CIA which along with Henry Kissinger who personally ordered the assassination planned Cyprus partition between Greece and Turkey and thus constitutes more foreign interface in Cyprus affairs. It cannot and at the time was not construed by the UN as being directed against Turkey or against the Turkish Cypriot community since it’s victims were exclusively the Greek Cypriots and Turkeys second invasion of Cyprus on 14 August 1974 occurred after democracy had already been restored.

Under the provisions of the UN Charter all states are entitled to use force for the purpose of self defence. If the purpose of paragraph, ii. is to prevent the repetition of events such as those of 1963/4, 1967 and 1974 then the deprivation of Cyprus of its right to defend itself, for example if it were attacked by another state or by terrorists or suffered a coup-de-tat, would make it impossible for it to be implemented. Paragraph 2 of Security Council resolution 186 (1964) which is still in force gave Cyprus a UN mandate to defend itself and maintain its own internal security.

Paragraph, ii. should therefore be amended so that Cyprus can carry out the commitment it envisages and so that it does not use divisive terminology or misconstrue history.

Amendment Required

"ii. Resolved that the tragic events of the past shall never be repeated and therefore reserving the right to maintain internal security in accordance with the mandate given by paragraph 2 of UN Security Council resolution 186 (1964) and renouncing forever the threat or the use of force either to undermine the state or which is contrary to Article 1 Paragraphs 3 & 4 of the United Nations Charter while reserving the right to individual or collective self-defence in accordance with Article 51 of the United Nations Charter.

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