Comparison Of 1960 Order In Cyprus With The Order To Be Formed By Annan Plan

ANKARA - Turkish Cypriots will gain more political and legal rights with the order which is envisaged to be formed by the revised Cyprus plan of the United Nations Secretary General Kofi Annan when compared with 1960 order.
The order which was formed by 1960 agreements in Cyprus and the order which will be formed by Annan Plan are compared in ''Cyprus Notes Towards Solution'' booklet of Turkish Parliament.

-CHARACTERISTIC OF PARTNERSHIP

Under 1959-1960 agreements, a functional federation depending on two separate societies was envisioned, not depending on a geographical distinction. The solution which is envisioned with Annan Plan depends on a federal structure and a new partnership. One side will not claim authority or power over the other side. Thus, the representation claim of Greek Cypriot administration on all island under the name of ''Cyprus Republic'' will end.
Two societies had the right of using Turkish and Greek flags, separate community assemblies and separate municipalities for certain great cities in 1960 order. The order which was formed with Annan Plan includes two constituent states which will have separate flags, parliaments, governments and constitutions that are in line with foundation agreement. Constituent states will take independent and sovereign decisions. There will be no hierarchy between the laws of constituent states and federal state. Turkish Cypriot state can sign agreements on economic investment and financial assistance in addition to cultural and commercial issues by itself with Turkey and other countries. Also, the international agreements which two sides had previously signed will continue to be valid as a list.
The new partnership state will be fulfilled after the agreement is accepted in both sides with referendums and it is signed by Turkey, Greece and Britain.

-STATE STRUCTURE

President was Greek Cypriot and Vice President was Turkish Cypriot in 1960 Cyprus Republic. They were elected for five years. House of Representatives, comprising of 50 members, had the authority of legislation and was including 70 percent Greek Cypriot and 30 percent Turkish Cypriot members who were elected separately two societies for five years. The chairman was Turkish Cypriot and deputy Chairman was Greek Cypriot. Decisions were taken with simple majority. However, for amendments in constitution separate majorities of two third of Turkish and Greek Cypriot members were necessary and also in issues such as elections, municipalities and taxes separate simple majorities of Greek and Turkish Cypriot members were necessary. Council of Ministers was comprised of seven Greek Cypriot and three Turkish Cypriot ministers. Decisions were taken with majority. However, Turkish Cypriot Vice President had the authority of veto. House of Representatives Greek Cypriot Chairman was acting as President's proxy and House of Representatives Turkish Cypriot deputy Chairman was acting as Vice President's proxy.
Under the order envisaged by Annan Plan, a Chairmanship Council will be formed which will be comprised of six members (4 Greek Cypriot and 2 Turkish Cypriot) who will have the authority of using vote and which can decide to appoint members by Parliament who will not have voting authority and will comprise of at least one third of Turkish Cypriots. The Chairman and deputy Chairman will certainly be from separate constituent states and will act 20 month of rotations. Deputy Chairman will participate European Union (EU) Council meetings together with the Chairman. Foreign Minister and EU Minister will be from separate constituent states.
Legislative branch of common state will be formed by Senate and Lower Assembly. The chairmen of Senate and Lower Assembly will not be from same nation. Upper and Lower Assemblies will be comprised of 48 members each who will be elected for five years. Lower Assembly will include Turkish Cypriot deputy at least in one fourth ratio and Senate will be formed by 24 Turkish Cypriot and 24 Greek Cypriot senators. Senate elections will be held on social basis. Decisions will be taken with simple majority in House of Representatives. In Senate, at least two fifth of the votes of Turkish Cypriot members who attend the session will be asked in the issues which concern constituent state authorities and in approval of international agreements on sea and air spaces, laws on citizenship, migration, water resources and taxes, federal budget, election of Chairmanship Council and other issues which require special majority.

-SECURITY AND GUARANTEES

1960 Guarantee and Alliance agreements still exist. 1960 Alliance agreement envisages Turkey and Greece's maintenance of one military quota each in the island. Greek regiment is comprised of 950 and Turkish regiment is comprised of 650 soldiers. Under the Guarantee agreement, the order which was formed by 1960 constitution was taken under the guarantee of Turkey, Greece and Britain and if this order is deteriorated, three countries will have the right of intervention together or separately.
The order which is established with Annan Plan assures the continuation of guarantee and alliance agreements similarly. In accordance with alliance agreement, Turkish and Greek units can be deployed in Turkish Cypriot and Greek Cypriot states as follows:
-6 thousand until 2011
-3 thousand until 2018 or Turkey's membership to the EU
-after that date, the military existence of 650 Turkish and 950 Greek units will be revised with the complete withdrawal opinion once in three years.
Guarantor countries will assure the territorial integrity, security and constitutional orders of not only United Cyprus Republic, but also constituent states.

-EU MEMBERSHIP AND DEROGATIONS

The United Cyprus Republic is envisaged to be member of EU in accordance with Annan Plan and differently from 1960 order.
Derogations and permanent limitations were envisaged as long term for the protection of bizonality. (19 years or until Turkey's EU membership). Thus;
-the ratio of Greek Cypriots who will be allowed to return to the north will be 18 percent until the 19th year or Turkey's EU membership. (It was 21 percent in previous version of the plan)
-five percent limitation on settlement of Turkish Greek citizens in the island will be lifted as of Turkey's EU membership or 19th year.

-MAP AND LAND

The map in the third Annan Plan was preserved similarly. Thus, Guzelyurt province and large part of Guzelyurt region and agricultural lands were left to Greek Cypriot side. Nearly 58 thousand Turkish Cypriots will have to leave their lands in accordance with the map.
Transfer of land will start within the scope of a six step timetable and from buffer zone and inhabited places as of the end of third month. (beginning of August 2004) The timetable was increased from 29 months to 42 months in the final version of the plan. The administration of the lands which will be transferred will temporarily be given to Turkish Cypriot state in accordance with the timetable. The lands which will be left until the end of the first year will be transferred to Greek Cypriot administration according to the previous timetable. After the first year, the lands, which will be left in addition to the previous timetable, will be transferred to the supervision of the United Nations for 3-10 months before it will be given to Greek Cypriot administration.

-RESIDENCE LIMITATIONS AND PROPERTY ISSUE

While the ratio of limitation which can be set by constituent states was reduced in our favor (Greek Cypriots' residence in Turkish Cypriot side), the periods were decreased in favor of Greek Cypriot side. Thus;
-there will be moratorium in the first 5 years
-the limitation will be six percent of the population of a village or municipality between the sixth and ninth years.
-this ratio will be 12 percent between tenth and 14th years.
-more than 18 percent of the population of related constituent state will not be given residence permission after 14th year until 19th year or Turkey's EU membership.

-CONCLUSION

New partnership state depends on political equality and equal status of two constituent states.
The commitment, which EU Commission made with the agreement, makes the envisaged derogations and limitations a primary law. On the other hand, co-presidents of new partnership state will express with a letter to Council of Europe that the comprehensive agreement which will be reached in Cyprus is a friendly solution to property conflict and United Cyprus Republic will be the interlocutor for the next lawsuits.
Thus, while Turkish side will have sacrifices in the issues of land and withdrawal of soldiers, a new constituent state will be formed in Cyprus under the name of ''Turkish Cypriot State'' and 1960 ''Cyprus Republic'' which Greek Cypriots claimed to represent will end.
(GC-AÖ) 06.04.2004