LEFKOSA - The Turkish Cypriot Constituent State draft Constitution, which will take effect after a likely agreement in Cyprus was announced on Saturday.
The draft constitution will be put to vote in a referendum together with the plan of United Nations Secretary General Kofi Annan, and it will be valid if both Turkish and Greek Cypriot sides approve it.
The draft constitution was envisaged to be presented to the United States yesterday in line with the schedule of the negotiation process. However, both sides did not present it to the United Nations.
If the draft constitution is approved, the President of the Turkish Republic of Northern Cyprus (TRNC) will become the President of the Turkish Cypriot state. And, if the newly elected parliament ratifies it, he will also act as the Co-President envisaged in the Constitution of the United Cyprus Republic.
The draft was prepared by the Parliamentary Turkish Cypriot Constituent State Constitution Preparation Committee and specialized jurists. It is composed of eight parts and 166 articles.
The draft arranges the issues of general principles, fundamental rights, freedoms and duties, legislation, executive power, judiciary, several rules, interim rules and final rules.
The draft will take effect after being accepted in the simultaneous referenda on April 20, 2004.
The first part of the draft constitution stresses that declaration of the TRNC does not prevent two equal nations and their administrations from forming a new partnership under the roof of a real federation.
Under the draft, the TRNC parliament will be formed by 50 deputies again. The parliament will have the authority to legislate for Turkish Cypriot state, to approve co-operation agreement with the federal state and the Greek Cypriot state, to inspect the Council of Ministers and to contribute to international agreements. Parliamentary elections will be held once in five years.
On the contrary of the current implementation, the authority of choosing the President will belong to the parliament to be formed by 50 deputies. Deputies and people to be named out of the parliament can be elected the President. A candidate should receive votes of two-thirds of deputies in the first two rounds. If the President cannot be elected in the first two rounds, absolute majority of deputies will be sought.
If the draft constitution is approved, the TRNC parliament will become the legislative organ of the Turkish Cypriot state, and parliamentary elections will be held within 40 days after approval of the Constitution.
After approval of the Constitution, all existing institutional organs, institutions and organizations of the TRNC will become institutional organs, institutions and organizations of the Turkish Cypriot state.
The draft expresses form and characteristics of the Turkish Cypriot state as follows: ''the Turkish Cypriot state, one of the two constituent states forming the United Cyprus Republic on the basis of political equality, bi-zonal structure and equal status, and representing characteristic identity of Turkish Cypriot people, is a secular republic based on the principles of human rights, democracy, social justice and rule of law.''
Stressing that the Turkish Cypriot state, with its territory and nation, was an indivisible entity, the draft says, ''Turkish Cypriot state's language is Turkish. It has a separate flag and national anthem. The capital city is Lefkosa.''
Noting that sovereignty was vested in the nation without reservation or condition in Turkish Cypriot state, the draft says, ''legislative power is vested in the parliament on behalf of the Turkish Cypriot nation. Executive power and function will be exercised and carried out by the President and the Council of Ministers in conformity with the Constitution and the law. Judicial power will be exercised by independent courts on behalf of the Turkish Cypriot nation.''
The parts about individual rights and freedoms, fundamental rights and freedoms are arranged under the European Union (EU) norms and in line with the Annan Plan. The draft includes gender-equality under modern norms.
Meanwhile, the draft constitution bans death penalty.
The general principles taking place in the first part of the draft constitution is as follows:

Form and Characteristics of the State:
Article 1: The Turkish Cypriot state, one of the two constituent states forming the United Cyprus Republic on the basis of political equality, bi-zonal structure and equal status, and representing characteristic identity of Turkish Cypriot people, is a secular republic based on the principles of human rights, democracy, social justice and rule of law.
Authorities of the Turkish Cypriot State:
Article 2:
1) Turkish Cypriot state uses all authorities and functions about legislation, execution and jurisdiction, which are not given to the federal state clearly by the Constitution of the United Cyprus Republic, in its own country sovereignty, and make the necessary organization.
2) Turkish Cypriot state freely uses all authorities given by the Foundation Agreement and handed over by the federal state, and undertake responsibilities.
3) Turkish Cypriot state freely arranges and carries out its relations with the European Union (EU), international organizations and foreign countries, and undertake responsibilities.
Integrity of the State, Official Language, Flag, National Anthem, and Capital City:
Article 3:
1) Turkish Cypriot state, with its territory and nation, is an indivisible entity.
2) Its language is Turkish. Use of Greek and English languages for official purposes is arranged with law.
3) Turkish Cypriot state has a separate flag and national anthem.
4) The capital city is Lefkosa.
Sovereignty:
Article 4:
1) In Turkish Cypriot state, sovereignty is vested in the nation without reservation or condition.
2) Turkish Cypriot nation will exercise its sovereignty through the authorized organs as prescribed by the principles laid down in the constitution.
3) Any organ, person or agency cannot exercise any authority which does not emanate from the constitution.
Legislative Power:
Article 5: Legislative power is vested in the parliament on behalf of the Turkish Cypriot nation.
Executive Power and Function:
Article 6: Executive power and function will be exercised and carried out by the president and the Council of Ministers in conformity with the constitution and the law.
Judicial Power
Article 7: Judicial power will be exercised by independent courts on behalf of the Turkish Cypriot nation.
Supremacy and Binding Force of the Constitution:
Article 8:
1) The provisions of the constitution are fundamental legal rules binding upon legislative, executive and judicial organs, and administrative authorities and other agencies and individuals in Turkish Cypriot state.
2) Any actions and proceedings of Turkish Cypriot state cannot be in conflict with the constitution.
Irrevocable Provisions
Article 9: The provision of article 1 of the constitution establishing the form and characteristics of the state cannot be amended, nor can their amendment be proposed.

REFERENDUM TO BE HELD ON APRIL 20
Turkish Republic of Northern Cyprus (TRNC) Council of Ministers has prepared a draft law about referendum under its efforts to find a fair and lasting solution to the Cyprus issue.
Under the draft, the referendum will be held on April 20. Those who cast their votes in the latest elections will vote in the referendum.
Following the meeting of Council of Ministers, TRNC Interior Minister Ozkan Murat said, ''this draft law is one of the most important decisions we have made so far.''
The draft law targets to put to referendum the foundation agreement which was presented to the sides by United Nations Secretary General Kofi Annan and constitutes the basis of an agreement about the Cyprus issue and the accession of the united Cyprus Republic to be newly founded to the European Union and the foundation agreement together with its appendices, he said.
Recalling that the referendum would be held on April 20, Murat added, ''those who cast their votes in the latest elections, and those who gained the right to be in electoral roll after reaching the age of 18, will vote in the referendum.''
(UK-MS) 14.03.2004