prerequisites for a lasting solution of the Cyprus problem are abundantly
clear to all since these are the basic universal principles embodying
respect for human rights, democracy and security.
None of these universal
principles can be allowed to be derogated in any way to appease the
aggressor since it would not only undermine the basis of western law,
society and civilisation but it would also give a mandate to every
aggressor to act with impunity in their violation.
1) All Turkish
troops must be removed from Cyprus soil.
This action is
non-negotiable and must be taken by Turkey immediately so that it complies
with Article 2 Paragraph 4 of the United Nations Charter. "All Members
shall refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any
State, or in any other manner inconsistent with the purposes of the United
Every relevant United
Nations Security Council Resolution from Resolution
186 (1964), which dates to the time when military aggression against
Cyprus began, to the present day demands that this principle be
implemented, including Security Council Resolution
353 (1974) passed on the day of the first wave of the Turkish invasion
United Nations General Assembly Resolution 37/253 (1983)
specifically demands the "immediate withdrawal" of all Turkish
"occupation forces" from the Republic of Cyprus.
The above also demand
the end of any further Turkish interference in Cyprus affairs.
2) All Turkish
colonists and their descendents must be repatriated.
Again this is not a
matter for negotiation but implicit in the application of international
The Convention on the Prevention and Punishment of the
Crime of Genocide equates the ethnic cleansing of the Greek Cypriots
from the occupied areas and its subsequent colonisation by non-Cypriot
Turks implanted from the Turkish mainland and Turks from Bulgaria, with
Article 2 (c) of the
convention states that "deliberately inflicting" on a group
"conditions of life calculated to bring about its physical destruction
in whole or in part;" is defined as Genocide.
This has been taken by
the international community to encompass the movement or transfer of
populations by use of force including acts of "ethnic cleansing"
Resolution 1987/19 (1987) of the United Nations
Sub-Commission on Prevention of Discrimination and Protection of
Minorities; "Expresses its concern at the policy and practice of the
implantation of settlers in the occupied territories of Cyprus which
constitute a form of colonialism and attempt to change illegally the
demographic structure of Cyprus;"
3) All the refugees must be allowed to return in
freedom and in safety.
Once more this
prerequisite is non-negotiable and has been demanded by the United Nations
in General Assembly Resolutions 3212 (XXIX) (1974)
& 37/253 (1983).
The European Court of
Human Rights has also ruled that the property rights of the refugees are
inviolable, regarding both residential and commercial property including
farms and that Turkey must allow the refugees to enjoy their properties
with just satisfaction. This has been stated by the ECHR in the judgments
against Turkey in the cases of Loizidou vs. Turkey (no. 40/1993/435/514)
and Cyprus vs. Turkey (application no. 25781/94) which found Turkey guilty
of mass violations of the human rights of both Cypriot communities.
It is clear from the
above that the mandate of international community is to remove the illegal
Turkish occupation forces from Cyprus and reverse the illegal Turkish
colonisation since by no other way can the refugees be expected to return
to their homes as demanded by the European Court of Human Rights verdicts
and the resolutions of the United Nations.
The solution cannot impinge
on or derogate the Acquis Communautaire of the European Union which means
that the freedom of movement, the freedom settlement and the right to
property of the refugees must be respected. This is also demanded by the
United Nations in General Assembly Resolution
37/253 (1983). Therefore any form of forced partition or apartheid is
outlawed. Since 90% of the property in the occupied areas is legally owned
by the refugees this must be retuned to them and they must have the same
democratic and legal rights and any other citizen of an EU member state.
As stated on 26 October
2001 by Romano Prodi the President of the European Commission on an
official visit to Cyprus "...we can't make any exception neither with
Cyprus or with any other country, to human rights, rule of law, acquis
communautaire. These serve the general rules. There cannot be any exemption
from these general rules."
The solution of the
Cyprus problem is not a matter of reaching an accommodation with Turkey by giving
it concessions in order to appease it but is a matter of making Turkey
comply with international law without one single concession whosoever. This
is what was expected of other evil dictators such as Saddam Hussein,
Slobodan Milosovich, and the Taliban and this is what must be expected from