Council Of Ministers Discusses Plan Of Annan

ANKARA - A text entitled ''positive elements of United Nations Secretary General Kofi Annan's Plan for the Turkish Side'' was taken up at Monday's meeting of the Council of Ministers.
The seven-page text, which was distributed to journalists following the press conference of Justice Minister and Government Spokesman Cemil Cicek is as follows:

BI-ZONALITY

1. The new partnership will be bi-zonal,
2. Distinct identity and integrity of the two sides will be recognized,
3. The sides will respect for each other's cultural, religious, political, social and linguistic identities,
4. One of the sides efforts to become dominant over the other will be renounced,
5. One of the sides will not be able to claim authority and jurisdiction over the other,
6. Constituent states will use authorities sovereignly in their fields, and freely organize themselves,
7. Constituent states will have their own constitutions,
8. Constituent states will have territorial boundaries,
9. Constituent states will have their own national anthems and flags,
10. Everyone will respect for identity, security and constitutional order of the constituent states,
11. Constituent states and the federal government will not intervene in each others' authorities and functions,
12. Turkish Cypriot State will be shown in the new map by name,
13. A new border will be demarcated between the two constituent states,
14. Hierarchy will not be required between laws of the federal state and the constituent states,
15. Constituent states will be able to give up citizenship. A person cannot become citizen of both constituent states at the same time,
16. Constituent states will be able to restrict residence of citizens of each other to preserve their own national identities. After the agreement comes into force:
a. A moratorium will be put into practice for residence for a five-year period. Afterwards,
b. Constituent states will be able to restrict residence up to 6 percent of village or municipality population between the 6th and 9th years,
c. Constituent states will be able to restrict residence up to 12 percent of village or municipality population between the 10th and 14th years,
d. Constituent states will be able to restrict residence up to 18 percent of village or municipality population between the 14th and 19th years (or till Turkey's membership to the EU),
17. If those over 65 years of age and former residents of Karpaz villages return earlier than 2 years, will be included in the above-mentioned restriction rates,
18. Under measures to be taken by one of the constituent states to preserve its identity, its population can include 1/3 foreigners the most,
19. Those to be elected from the Turkish Cypriot State as members of the Senate, will be of Turkish Cypriot nationality,
20. Constituent states will be able to set up commercial and cultural relations with the rest of the world and to sign agreements,
21. Constituent states will have authority of primary judicial proceeding about crimes against federal laws,
22. Constituent states will have separate police organizations,

PARTNERSHIP AND EQUALITY

1. Cyprus is the common home of Turkish Cypriots and Greek Cypriots,
2. Turkish Cypriots and Greek Cypriots are co-founders of the Republic established in 1960,
3. Turkish Cypriots and Greek Cypriots will form the new system by using their separate inherent constitutive powers,
4. Turkish Cypriot State and Greek Cypriot State are the constituent states,
5. Relationship between Turkish Cypriots and Greek Cypriots is not one of majority and minority, but of political equality,
6. Equality of the constituent states will be explained in the Constitution clearly,
7. During the transition period, at the federal level, the office of Head of State will be vested in a Co-Presidency; the federal government will be composed of a Council of Ministers of six members (three Greek Cypriots, three Turkish Cypriots),
8. During the transition period, delegates from each constituent state parliament will sit in the transitional federal Parliament (24 Greek Cypriots, 24 Turkish Cypriots),
9. There will be general elections at constituent, federal and European Union level on June 13, 2004, after which the constituent state and federal governments will operate regularly, though the office of President and Vice-President at the federal level will rotate every 10 months during the first term of the Presidential Council.
10. Constituent states can make co-operation agreement with each other,
11. Constituent states will contribute to development of foreign relations and EU policy of the federal state,
12. The Senate will be composed of an equal number of Greek Cypriots and Turkish Cypriots (24+24),
13. Decisions of the Senate will require one quarter of voting senators from each constituent state. For specified matters (approval of federal budget, election of members of the Presidential Council, a special majority of two-fifths of sitting Senators from each constituent state will be required,
14. The Chamber of Deputies will be composed in proportion to persons holding internal constituent state citizenship status of each constituent state, provided that each constituent state will be attributed no less than one quarter of seats,
15. The parliament can take decisions only with approval of the Senate and the Chamber of Deputies by simple majority,
16. Presidents and vice-presidents of the Chamber of Deputies and the Senate cannot be elected from the same constituent state, 17. The Presidential Council will be elected on a single list by special majority in the Senate and approved by majority in the Chamber of Deputies for a five year term. It will comprise six voting members, and additional non-voting members should Parliament so decide. The composition of the Presidential Council will be proportional to the number of persons holding the internal constituent state citizenship status of each constituent state, though no less than one-third of the voting members and one-third of any non-voting members of the Council must come from each constituent state,
18. The Presidential Council will strive to reach decisions by consensus. Where it fails to reach consensus, it will, unless otherwise specified, take decisions by simple majority of members present and voting, provided this comprises at least one member from each constituent state,
19. The heads of the Departments of Foreign Affairs and European Union Affairs will not come from the same constituent state,
20. Unless the Presidential Council decides otherwise, it will elect two of its members not hailing from the same constituent state to rotate every twenty months in the offices of President and Vice-President of the Council.
21. The heads of government of the constituent states will be invited to participate without a vote in all meetings of the Council in the first ten years after entry into force of the Agreement, and thereafter on a periodical basis.
22. The Supreme Court will uphold the Constitution and ensure its full respect. It will comprise an equal number of judges from each constituent state, and three non-Cypriot judges until otherwise provided by law.
23. The official languages of the United Cyprus Republic are Turkish and Greek,
24. Special dates of Turkish Cypriot people such as the first day of Ramadan; the first day of Feast of Sacrifice and the birthday of the Prophet Mohammed will be acknowledged official holidays of the United Cyprus Republic,
25. There will be a federal police composed of an equal number of personnel hailing from each constituent state,
26. The commission responsible for appointment of public officials will comprise an equal number of Turkish Cypriot and Greek Cypriot members,
27. At least one-third of all officials of the public administration should come from the Turkish Cypriot Constituent State,
28. Governor and deputy governor of the Central Bank will not come from the same constituent state. Each constituent will have at least two members in the five-member Executive Board and at least three members in the seven-member Monetary Policies Committee,
29. The Attorney-General and the Auditor-General will not hail from the same constituent state,
30. Equal number of Turkish Cypriots and Greek Cypriots will be charged in the committee to demarcate the new border between the two constituent states,
31. The Basic Articles of the Constitution are irrevocable. The other articles can be amended only in consultations with the two constituent states and with the parliamentary approval. The amendments will be put to vote in separate referendum in both sides,
32. Any person cannot be exposed to discrimination on the basis of ethnic origin or religion.

SECURITY AND GUARANTEES

1. Union of Cyprus in whole or in part with any other country, any form of partition or secession, and any other unilateral change to the state of affairs established by the Foundation Agreement and this Constitution is prohibited,
2. Guarantee and Alliance treaties of 1960 will be valid by putting into practice in the new order,
3. The Treaty of Guarantee, in applying mutatis mutandis to the new state of affairs established in this Agreement and the Constitution, will 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,
4. Turkish and Greek contingents will be permitted to be stationed under the Treaty of Alliance in the Turkish Cypriot State and the Greek Cypriot State respectively as follows:
i) each contingent not to exceed 6,000 all ranks, until 2011;
ii) each contingent not to exceed 3,000 all ranks thereafter until 2018 or the European Union accession of Turkey, whichever is sooner; and
iii) the Greek contingent not to exceed 950 all ranks and the Turkish contingent not to exceed 650 all ranks thereafter, subject to three-yearly review with the objective of total withdrawal;
5. There will be a United Nations peacekeeping operation to monitor the implementation of this Agreement and use its best efforts to promote compliance with it and contribute to the maintenance of a secure environment, to remain as long as the federal government, with the concurrence of both constituent states,
6. A Monitoring Committee composed of representatives of the guarantor powers, the federal government, and the constituent states, and chaired by the United Nations, will monitor the implementation of this Agreement,
7. The constituent states will prohibit violence and the incitement to violence against the United Cyprus Republic, the federal government, the constituent states, or the guarantor powers,
8. Cyprus will not put its territory at the disposal of international military operations other than with the consent of both constituent states; until the accession of Turkey to the European Union, the consent of Greece and Turkey shall also be required,
9. The provisions about security do not prejudice the provisions of the Treaty of Establishment, the Treaty of Guarantee and the Treaty of Alliance,
10. Lands to be handed over to the Greek Cypriot State will remain under rule of the Turkish Cypriot state for a temporary period,

TURKEY'S ROLE

1. Special ties of friendship with Turkey and Greece will be maintained,
2. The constituent states will respect the balance between Turkey and Greece within a peaceful environment in the Eastern Mediterranean,
3. The new Cyprus will support Turkey's accession to the EU,
4. The Treaty of Establishment's coming into force will require not only approval of the sides through referendums, but also signing of an agreement about the new order by the guarantor powers,

NEW STATE OF AFFAIRS AND INTERNATIONAL GUARANTEES

1. With the Treaty of Establishment, a new state of affairs will be established,
2. The sides will announce their decision to renew their partnership,
3. The United Cyprus Republic will have new anthem,
4. The United Cyprus Republic will have a flag,
5. The Treaty of Establishment will be approved by the United Nations Security Council,
6. Cyprus will become a member of the United Nations under the new order to be established in the island,
7. The Council of Europe will ratify the Treaty of Establishment,
8. The EU will ratify the Treaty of Establishment,
9. Co-presidents will request the EU to make parameters of the solution a part of the primary law of the EU,
10. Co-presidents will inform the European Court of Human Rights that the United Cyprus Republic will be the interlocutor of legal applications about property, and ask the court to dismiss the current cases of property,
11. Representatives of the two constituent states (4 Greek Cypriots and 2 Turkish Cypriots) will be charged at the European Parliament,
12. Presidential council President and Vice President will represent the new Cyprus at meetings of the EU Council,
13. Turkish will become one of the official and working languages of the EU after meeting necessary requirements of personnel and technical equipment,

OTHER ELEMENTS

1. The sides will announce that the tragic events of the past will never be repeated,
2. The sides legislative, executive and judicial proceedings prior to the Treaty of Establishment's coming into force will be valid on the condition of conformity with the Treaty,
3. During the transition period, legislative, executive and judicial organs of the constituent states will process,
4. 45 thousand of those who migrated from Turkey to Cyprus in the course of the time, will be granted citizenship and continue staying in the island,
5. The claims of persons who were dispossessed of their properties by events prior to entry into force of this Agreement will be resolved in a comprehensive manner in accordance with international law. Property claims will be received and administered by an independent, impartial Property Board, governed by an equal number of members from each constituent state, as well as non-Cypriot members,
6. External debts since 1964 will be repaid by the constituent state which benefited the loan,
7. In the first years after the Treaty of Establishment comes into force, federal economic policy will give priority to adjustment of economies of the two constituent states,
8. The EU will provide the Turkish Cypriot State with financial aid under adjustment to EU acquisitions,
9. Owners of lands to be handed over to the Greek Cypriot State will be provided with alternative residence and livelihood opportunities. The deadline for resettlement will be extended for poorly dispossessed owners. A fund will be allocated from the federal budget for the year 2005,
10. The non-Cypriot people who resided in these lands for at least five years will be encouraged financially to return to their countries,
11. Turkish Cypriot State's handing over lands to the Greek Cypriot State will be completed in a period of 3.5 years,
12. Property restitution will not start for empty properties before 3 years for inhabited properties before 5 years,
13. Requests for compensation stemming from loss of use will be diverted to the constituent state of the citizen making the request.

(UK-AÖ) 05.04.2004