Solution to the Cyprus Problem on the Net

I am creating this page in order to find a common solution to the Cyprus Problem via correspondence over the Internet between the people affected.

I will start by presenting a preliminary plan for a solution which will be amended as time passes. Everyone reading this page is invited to contribute to this solution by E-Mailing me with suggestions and comments. It you think an item concerning the solution should be changed or modified or you would like to put forward your amendments I will consider your views and act accordingly.

I will also include a Guest Book linked to this page which will contain your own personal views for a solution.

1 CITIZENSHIP, OBLIGATIONS AND RIGHTS

There Will be Only One Citizenship.

The Terms Greek and Turkish Cypriot will no longer be used to refer to Cyprus Citizens.

Existing Citizenship

Those already Citizens of the Republic of Cyprus will keep their Cyprus citizenship.

Those who were Citizens before the invasion will have the right to Cyprus citizenship.

New Citizenship

For a period of 20 years hence only those whose Mother and Father, or both sets of Grandparents were born in Cyprus before the invasion, or who's forebears were all Cyprus Citizens or were eligible for Cyprus citizenship before the invasion and can be deemed as qualifying, or that have a Legitimate reason for asylum, will be considered for Cyprus citizenship.

Illegally Implanted Turkish Colonists and their descendants that do not meet the above requirements will not have the right to Cyprus Citizenship and will be immediately repatriated to Turkey.

Obligations

All people wishing to be considered for Citizenship of Cyprus, must Swear and/or Sign a Statement of Loyalty and Allegiance to the Cyprus Republic which specifies their obligations as Citizens.

Those who do not swear or sign the Statement will be denied Cypriot Citizenship.

Existing citizens will be adjudged to have already agreed to these obligations.

Rights

These rights will apply only to Cyprus Citizens and cannot be derogated

All Cyprus Citizens will be have the right to vote in all Parliamentary Elections and Referenda irrespective of their place of residence wheather in Cyprus or elsewhere.

All Cyprus Citizens and EU Citizens, if Cyprus becomes an EU member, residing in Cyprus will be allowed the right to vote in Municipal elections

All Cyprus Citizens and EU Citizens, if Cyprus becomes an EU member, residing in Cyprus will be allowed the right to welfare benefits.

All Cyprus Citizens will be guaranteed the right to Freedom of Movement and Settlement, and the right to Own, Buy or Sell Land or Property anywhere on the island without prejudice irrespective of their place of residence wheather in Cyprus or elsewhere.

2 DEMILITARIZATION AND DEFENSE

All foreign forces on the Island of Cyprus must be removed from the Island. Foreign forces will include all British, Turkish and Greek forces.

Peace Making Force

The foreign forces will be replaced by an International Peace Making Force which must not consist in any part of British, Turkish or Greek forces, these countries having failed to meet their original guarantees. The Peace Making Forces will be under United Nations appointed command but will function independently of the UN under the Authority of the Cyprus Government. Britain, Turkey and Greece will not be permitted to affect the control or command of these Forces. Neither will America because of its role in supporting the Fascist Junta in Greece and bringing about the coup against President Makarios of Cyprus.

Security Guarantees

The government of Cyprus will be allowed to maintian an army which will consist of all Cypriots to supplement the Peace Making Force.

The Peace Making Force and the Cyprus Army will jointly Guarantee the Sovereignty, Independence, Unity and Territorial Integrity of The Entire Island of Cyprus.

Accountability

The Peace Making Force and the Cyprus Army will be accountable to the recognized Government of Cyprus and the United Nations and will have a Renewable Mandate.

3 CONSTITUTION

The United Nations Charter, The Charter of the European Union, and European Convention on Humans Rights of the CoE, will become part of the New Constitution of Cyprus as is a Prerequisite for membership of these organizations.

The 1960 Constitution including the treaty of Guarantee will be negated and declared legally invalid as both violate the right to Self Determination and Chapter I Article 2 Paragraph 4 of the UN 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 Nations".

Territory and Sovereignty

Cyprus will exist as a single indivisible social, political and territorial entity with one sovereignty deriving directly from its Citizens on the basis of universal equality.

Administration

Cyprus will be administered by a single Unitary Government.

Once all reparations have been paid and the refugees have returned to their original homes to the full satisfaction of all parties, any future Government which is ellected will be alowed the power, if it so wishes, to devolve agreed elements of its authority to other elected bodies, such as municipalities and districts, for the duration of a single term of office after which the authority will revert back to the new parliament unless the mandate is renewed by the new parliament within a fixed period.

4 DISPLACED PERSONS

Refugees

All the Refugees and their Heirs and Descendants, who have been displaced from or denied access to their legitimate homes, land or properties in Cyprus, must be allowed and facilitated to return to and reclaim the afore mentioned homes, land and properties, in freedom, in peace and security.

The return of occupied homes, land, properties and business premises will be phased in village by village over a fixed period.

All illegal settlers and illegal immigrants and their descendants will be repatriated.

Ownership of Occupied Property

The Property rights of all displaced Persons will be respected

In the case where the homes, land and properties of a displaced person, or that persons descendants or heirs, is being inhabited by another who was not the legal owner before the 20^th July 1974, the inhabitant must vacate and return the homes, land and properties to the legal owner and will be temporarily housed in a transition centre.

All alterations and new structures built since the Occupation will be the property of the original pre-invasion landowner or their heirs and descendants.

Compensation

The present occupants of the homes, land or properties of a Displaced Person will be compensated for the value of any alterations or structures which they built, and the cost in relocating by the Government of Turkey in the case of a property located the north and by the Government of the Republic of Cyprus in the case of a property located in the south.

If any structures built or alterations are detrimental to the properties value or are deemed unsafe or cause the property to be uninhabitable, or the property has been destroyed, the original pre-invasion landowner will be compensated for the restoration and/or re-building costs plus any other losses incurred if anything of value has suffered.

The original legal owners of the property will be compensated for the cost of any restoration required by the Government of Turkey in the case of a property located the north and by the Government of the Republic of Cyprus in the case of a property located in the south.

Both Governments working together with an independent Commission will decide what level of compensation is appropriate. In case of disagreement the Commissions view will be decisive.

The will be no time limit for which claims can be lodged.

Reparations

Turkey will pay full non-prejudicial reparations for all damage it has caused to the Republic of Cyprus and to Individuals as a result of its occupation and will pay the full cost involved in its withdrawal, repatriation of illegal settlers and the return of refugees.

All parties will afterwards have the right to appeal to the Europeans Courts for further reparations.

5 ELECTIONS

Voting

Provisional Elections will take place among all persons of Cypriot Citizenship as soon as everyone's citizenship has been decided.

The electors will elect a provisional Parliament which will Govern the Entire Territory of the Island. The political composition of the Provisional Parliament will be in proportion with the ratio of votes per political party standing. The electoral System to be used will be outlined below and will be a variant of the List System.

Each Political Party will put forward the same number of candidates, equal to the total number of seats in the parliament. The Members of each party will choose the candidates themselves. The Candidates for each party will stand as a block, that is one legal mark on the ballot paper for the party will be a vote for all of the candidates and their party. When the votes are counted, each party will be given a number of seats in proportion to their share of the vote. The parties may then choose which of their list of candidates takes up each allocated seat.

Parliamentery Government

A Speaker will be elected by the members of parliament, using Simple Majority Voting.

The Provisional Government will be formed in one of the following ways:

(A) The party or coalition of parties which can muster a simple majority or a simple working majority will form the Provisional Government. The Provisional Government will be able to choose any of the MP's sitting in the parliament to act as ministers. All further Government, Cabinet and Parliamentary decisions will be taken by Simple Majority Voting.

or

(B) A Provisional Unified Government will be formed consisting of all the parties elected which obtain a qualifying percentage of the vote equivalent to 1 MP. The party with the largest share of the vote will appoint the Prime-minister and that with the second largest vote will appoint the deputy Prime-minister who will replace the PM during absence or illness. Each qualifying party will be allocated a number of ministerial positions in accordance with its ratio of the vote, each qualifying party being entitled to a minimum of 1 Ministerial post. All further Government, Cabinet and Parliamentary decisions will be taken by Simple Majority Voting.

The Provisional Government will begin a process of consultation in view to creating a new constitution. Once decided by parliament, the New Constitution will be put to a democratic referendum. If passed by a qualified majority of 2/3 (two thirds) of the registered voters the Constitution will immediately come into effect. If not passed new consultations will take place and the process will be repeated.

Period of Office

New Elections on the basis referred to above will take place every Four Years unless An Agreed and Implemented Constitution says otherwise.

In the case of the Death, Retirement or Resignation of an MP, they will be replaced by another candidate of the same party allegiance form the parties original list, unless either there are no more names left on the list or the MP had transferred allegiance to another party different form the one who's list he was on or had been expelled from the original party but remained sitting, in which case he will not be replaced.

If the number of sitting MP's falls bellow 1/2 of the number of seats, there will be new elections.

6 LOCAL GOVERNMENT - DISTRICTS AND MUNICIPALITIES

Bounderies

Until a new constitution is approved all land and district boundaries will be as they were before 20^th July 1974.

Any new constitution will preserve the existing recognised bounderies and changes will not be allowed to be made to the pre 1974 districts and boundaries within Cyprus unless Turkey as the Aggressor has first made Reparations to the Republic of Cyprus and to all affected parties to the full satisfaction of all parties without prejudice, and payment of these reparations has been completed.

Administration

All Municipalities (Councils), will be elected by additional member proportional representation. Municipalities will be governed by Simple Majority Vote.

There will be two tires of Municipality. District being the upper tire to contol afairs of major importence and Town/Village the lower tire to contol simple local afairs.

7 JUDICIARY

The Legal System will comply with European Court of Justice and Humans Rights legislation.

Until a final Constitution is agreed Trials will take place before Judges appointed to each case by the Government, or Magistrates appointed to each case by the Municipalities as appropriate.

Selection

Judges and Magistrates will be apointed to the bar by each individual District Municipality either directly by public referendum or by the vote of elected local authority. Each Municipality will elect two Judges and twelve Magistrates by simple majority.

All of the islands elected Judges will be placed on a list and Judges will be selected from the list for a particular case by the Government in accordance with their capabilities, based on the recomendation of a Judicial panel selected from among the elected Judges by secret ballot.

Appeals and Fairness

All parties being litigated against will have the right to have their case herd in any Municipality of their own choosing without prejudice.

Appeals where leave is given will be heard in-front of a panel of 5 judges selected by the Government in accordance with their capabilities, based on the recommendation of the Judicial Panel.

All parties will have the further Right of Appeal to the European Courts of Justice and Humans Rights.

8 EDUCATION

All Schools

Until a final Constitution is agreed upon Education will be the responsibility of each District Municipality who will be obliged to oversee and maintian primary standards set by the Goverment for all schools as well as being able to set its own secondery standears for all public schools.

Public Schools

The Official Languages in public Schools will be the Official Languages of the European Union.

All School Children throughout Cyprus attending public schools will be taught in one single common language, that of the majority Cyprus population in all subjects except languages. Each Student may elect to be taught one other European Union Language by right.

Private Schools

Private schools will be alowed the power to set their own independent secondery standards.

Private schools may elect to teach most lessons in any language of their choice on condition that all students attend adequate classes in the language of the majority.

Universities

New Univerities will be granted the right to set Degrees by the Government but will maintain their own afairs.

Funding

Primary Funding for public Education will be given by the Government to be administerd by the Districts.

Additional top-up funding may also be given by the Districts.

9 HEALTH CARE

Public

Until a final Constitution is agreed upon each District Municipality will apoint an independent Local Health Authority composed of 50% local Doctors and 50% of lay-people to oversee public Health Care which will be obliged to maintain primary health standards set by the Government.

Private

Private Health Care will be overseen by an independent body apointed by the Government.

Funding

Funding for the independent health bodies will come from the Goverment.

The Facts.	The Claims.

Cyprus	Turkey

On July 20, 1974, Cyprus was invaded by Turkey in violation of the UN Charter and Existing UN Resolutions, whereby it captured 5% of Cyprus Territory in the Kyrenia District which was overwhelmingly populated by Greek Cypriots. (See Maps).	Turkey claimed that Cyprus was invaded in-order to protect the Turkish Cypriots yet none had claimed that they were ever at risk and there were few to protect in any of the areas Turkey captured. Instead Turkey proceeded to Ethnically Cleanse the area of its Greek Cypriot inhabitants.
On August 15 1974 Turkey Violated a UN Cease-fire and proceeded to Annex 38% of Cyprus Territory and occupy it with 40,000 Troops, 400 Tanks, a Division of the Turkish Navy, Attack Helicopters, War-Planes based in Turkey, and other Military hardware.	This was a long standing Turkish aim which had been planned since the 1950's and first attempted in 1964, eventhough Turkey had signed away all claims to Cyprus in the 1923 Lausanne Treaty. The green line splitting Cyprus in two matches exactly that of the Atila Line found on Turkish invasion maps of the 50's.
200,000 Greek Cypriots over 1/3 of the total Cyprus population were Brutally Ethnically Cleansed by Turkey and made Refugees in their own country.	There was no Reciprocal Action by the Greek Cypriots. Cyprus did not attack Turkey nor were any Muslim Inhabitants ever hurt.
Turkey held over 70,000 Cypriot Civilian Prisoners in Concentration Camps in occupied Cyprus and in Turkey as hostages. Over 1600 of these prisoners which included the old, women and children, who’s names were known to the Red Cross but to which access was denied, have never returned. A further 8000 Greek Cypriots were killed by Turkey in the invasion.	Under instructions from Turkey which threatened to use force against civilians and refugees held prisoner, and which was already napalming civilian populated villages, the United Nations organized the transfer of 70,000 Muslims (2/3 of the Muslim population) from the free areas into the occupied areas, none of whom had been harmed or threatened in any way or at any time by the Greek Cypriots.
In 1975 20,000 Greek Cypriots and Maronites remained enclaved in the Karpas Peninsula and Kyrenia. Since then all but 600 have be forced to leave through denial of basic rights including health care and education.	Since 1974 over 90,000 Illegal Turkish Colonists have been transplanted into the occupied areas and now outnumber the Muslim Cypriots who now number less than 60,000 and are being forced to emigrate by the illegal occupation regime and the colonists.
Over 90% of the Land, Property and Businesses in the occupied areas is Legally owned by Greek Cypriot Refugees as adjudged by the European Court of Human Rights.	The Muslim Cypriots own less than 10% of the land in the occpied areas which amounts to less than 4% of Cyprus territory. Yet the illegal occupation regime, a puppet of Turkey in the opinion of the ECHR, denies the Greek Cypriots access to their property, while the Muslim Cypriots are able to return to the free areas.
The composition of the population of the occupied areas in 1974 is shown on these maps.
In 1992 UN Secretary General Boutros Boutros Ghali, without consulting any of the affected parties and following directions from the USA, which has never condemned Turkeys Crimes in Cyprus, proposed a "Set of Ideas" for a solution for the Cyprus Problem. The plan went back to the original Unworkable Cyprus Constitution of 1960, and endeavored to unfairly Reward Turkish Aggression and Ethnic Cleansing and Punish the Refugees and their Descendants. It was not accepted by either side.

The Minimum Prerequisites for a Solution.

A Solution Must respect the following universal principles which cannot be derogated.
Freedom of Movement and Settlement as demanded by the Masstricht Treaty (Article 8a, Paragraph 1) including the safe return of all refugees as demanded unanimously by the United Nations General Assembly and Security Council Respect for Ownership of Property as demanded by the European Court of Humans Rights Political Representation as demanded by the Masstricht Treaty (Article 8b) which implies that there can only be one Cypriot Identity. There must be NO reward for Aggression, Illegal Occupation, Illegal Colonization and Ethnic Cleansing.