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From Wikipedia:
The Annan Plan was a United Nations proposal to bring about the
reunification of the divided island nation of
Cyprus as the United Cyprus Republic. It was
named in recognition of
United Nations Secretary-General
Kofi Annan, who largely devised the proposal in
conjunction with
Didier Pfirter.
The Annan Plan proposed the creation of the
United Cyprus Republic, covering the island of
Cyprus in its entirety (except for the British
Sovereign Base Areas). This new country was to
be a loose
confederation of two
component states – the
Greek Cypriot State and the
Turkish Cypriot State – joined together by a
minimal federal government apparatus.
This federal level, loosely based on the
Swiss confederal model, would have incorporated
the following elements:
- A collective Presidential Council, made up
of six voting members, allocated according to
population (per present levels, four Greek
Cypriots and two Turkish Cypriots), and selected
and voted in by parliament. An additional three
non-voting members would be assigned 2:1.
- A President and Vice President, chosen by
the Presidential Council from among its members,
one from each community, to alternate in their
functions every 20 months during the council's
five-year term of office.
- A
bicameral legislature:
- A
Senate (upper house), with 48 members,
divided 24:24 between the two communities.
- A
Chamber of Deputies (lower house), with
48 members, divided in proportion to the two
communities' populations (with no fewer than
12 for the smaller community).
- A Supreme Court composed of equal numbers of
Greek Cypriot and Turkish Cypriot judges, plus
three foreign judges; to be appointed by the
Presidential Council.
The plan included a
federal
constitution, constitutions for each constituent
state, a string of constitutional and federal laws,
and a proposal for a United Cyprus Republic flag and
national anthem. It also provided for a
Reconciliation Commission to bring the two
communities closer together and resolve outstanding
disputes from the past.
It would also have established a limited
right to return between the territories of the
two communities, and it would have allowed both
Greece and
Turkey to maintain a permanent military presence
on the island, albeit with large, phased reductions
in troop numbers.
Negotiations
In
January 2002, direct talks under the auspices of
Secretary-General Annan began between the
Republic of Cyprus President
Glafcos Clerides and Turkish Cypriot Leader
Rauf Denktash.
In
November 2002, Secretary-General Kofi Annan
released a comprehensive plan for the resolution of
the Cyprus issue. It was revised in early December.
In the lead up to the European Union's
December 2002 Copenhagen Summit, intensive
efforts were made to gain both sides' signatures to
the document prior to a decision on the island's
EU membership. Neither side agreed to sign. The
EU invited the Republic of Cyprus to join on
16 December
2002.
Following the Copenhagen Summit, the UN continued
dialogue with the two sides with the goal of
reaching a settlement prior to Cyprus's signature of
the EU accession treaty on
16 April
2003. A third version of the Annan plan was put
to the parties in
February 2003. That same month the
Secretary-General again visited the island and asked
that both leaders agree to put the plan to
referendum in their respective communities. Also in
February 2003,
Tassos Papadopoulos was
elected as the fifth president of the Republic of
Cyprus. On
10 March
2003, this most recent phase of talks collapsed
in
The Hague,
Netherlands, when Denktash told the
Secretary-General he would not put the Annan Plan to
referendum.
In
February 2004, Papadopoulos and Denktash
accepted the Secretary-General's invitation to
resume negotiations on a settlement on the basis of
the Annan plan. After meeting with Annan in New
York, talks began on-island on
19 February
2004. The two community leaders, Rauf Denktash
and Tassos Papadopoulos, met nearly every day for
negotiations facilitated by the Secretary-General's
Special Advisor for Cyprus,
Álvaro de Soto. In addition, numerous technical
committees and subcommittees met in parallel in an
effort to resolve outstanding issues. When this
stage of the talks failed to reach an agreed
settlement Rauf Dentaksh refused to attend the next
stage of meetings which were scheduled to take place
in Bόrgenstock on
24 March
2004 and sent
Mehmet Ali Talat and
Serdar Denktash as his agents. The talks
collapsed and no negotiated agreement was reached by
the two communities. The Secretary-General then
stepped in as arbitrator and on
31 March presented to the two sides a proposed
final settlement. Rauf Dentaksh rejected Annan's
proposal immediately and Tassos Papadopoulos
rejected the plan a week later while Mehmet Ali
Talat supported it.
Rejection
- See:
Cyprus reunification referendum, 2004
The plan was placed before the two communities in
a simultaneous vote in the reunification referendum
of
24 April
2004. Whilst the proposal received a 65%
favorable vote from the Turkish community, the Greek
Cypriot community rejected it by over 75%. Since
implementation of the plan was dependent on its
approval by both communities, reunification did not
take place. Had there been a positive vote on both
sides, a unified Cyprus would have acceded to the
European Union on
1 May
2004.
Reasons for Greek-Cypriot rejection of the
Annan Plan
- The Plan did not include a settlement
regarding the repatriation of
Turkish settlers living on Greek Cypriot
owned land in the 'Northern
Cyprus', while after 19 years, the
possibility of abolishing the derogation of 5%
of
Greeks and Turkish citizens who could settle
in Cyprus, is obvious, and the danger of a
permanent mass settling of Cyprus by Turkey is
visible.
- The Plan did not deal in full with the
demilitarisation of the
de facto 'TRNC', and
Greek Cypriots felt they had no reason to
believe Turkish promises concerning the
withdrawal of troops.
- Many Greek Cypriots interpreted the Right of
Return policy as to be seriously flawed, meaning
only 20% of Greek Cypriot refugees would be able
to return over a time frame of 25 years, whereas
Turkish Cypriots would have had full right
of return.
- Turkish Cypriots would have gained all the
basic demands it made, from the first day of the
implementation of the solution. To be exact, 24
hours after the holding of the referendum. In
contrast, everything that the Greek Cypriots
were aspiring to achieve, would have postponed
without guarantees and depend upon the good will
of Turkey to fulfil the obligations it
undertakes. They are also subject to the
precondition that all would have gone well.
- The return of the
Turkish occupied land will take place in the
period between three and a half months and three
and a half years from the moment the solution is
signed with no guarantees whatsoever that this
shall be implemented. The Cypriot-Greek proposal
of placing these areas under the control of the
UN Peace Keeping Force and not the
Turkish army has been rejected.
- The Plan did not address the issue of the
British
Sovereign Base Areas (SBAs) on the island,
although parts of the SBAs would be transferred
to the governments of the two consituent states.
- The functional weaknesses of the Plan
endanger, inter alia, the smooth activity and
participation of Cyprus, with one voice, in the
European Union. While the Greek Cypriots have
with many sacrifices achieved Cyprus accession
to the
European Union, the Greek Cypriots could
very easily be led to the neutralization
of the accession until the adoption of all
necessary federal and regional legal measures or
the loss of the benefits of the accession or the
facing of obstacles in Cyprus participation in
the
Economic and Monetary Union and other
European institutions.
- The
Economy of Cyprus would have been separate
with the plan. There will be no common monetary,
fiscal policy and no investments by Greek
Cypriot businesses shall be allowed in the
Turkish Cypriot constituent state.
Recent developments
(1) On
6 April
2005 the
European Court of Human Rights decided that,
"even the adoption of the plan would not have
afforded immediate redress" of the Greek Cypriots
property rights.
Loukis Loukaides the Cypriot judge on the
European Court of Human Rights, has since called on
the Greek Cypriot political leaders to stop backing
the Annan Plan as a basis for negotiations, because
its basic philosophy violates fundamental human
rights and the EU acquis. (Cyprus Weekly 15 April
2005)
He recommends the following action be taken:
1 - The drafting of an official information
bulletin on the violation of the EU acquis by the
Annan Plan.
2 - To declare clearly that the Plan is
incompatible with the European Human Rights Charter
and other International Human Rights Treaties, which
are already binding on us and also as a result of
our EU accession.
3 - To cease at last to refer to the Annan Plan
as a basis for a settlement, or negotiations. So
long as this continues, foreign officials and
organisations that could assist us achieve a good
settlement, will not do so.
COMPREHENSIVE SETTLEMENT OF THE CYPRUS PROBLEM
INDEX
Basis for Agreement
Article 1 Foundation Agreement Article 2 Treaty on
matters related to the new state of affairs in Cyprus
Article 3 Matters to be submitted to the United Nations Security
Council for decision Article 4 Conditions of accession to
the European Union
APPENDIX A:
FOUNDATION AGREEMENT
Article 1 The new state of affairs Article 2 The State of
Cyprus, its {common state} government, and its {component states}
Article 3 Citizenship Article 4 Fundamental rights and liberties
Article 5 The {common state} government Article 6 The Supreme
Court Article 7 Transitional {common state} institutions
Article 8 Demilitarization Article 9 {component state}
boundaries and territorial adjustment Article 10 Property
Article 11 Reconciliation Commission Article 12 Past acts
Article 13 Entry into force and implementation Article 14
Annexes
Draft Annex I: Constitution of Cyprus
Part I: General Provisions Article 1 The State of Cyprus
Article 2 The {component states} Article 3 Constitution as
supreme law Article 4 Rule of law Article 5 Secular nature
of Cyprus and its {component states} Article 6 Demilitarisation
of {common state} and {component states} Article 7 The official
languages and promulgation of official acts Article 8 Official
Holidays of the {common state}
Part II: Fundamental Rights and Liberties Article 9 Fundamental
Rights Article 10 Citizenship Article 11 Exercise of
political rights Part III: The {common state} and the {component
states} Article 12 Competences and functions of the {common
state} Article 13 Competences and functions of the {component
states} Article 14 Cooperation and coordination Article 15
Joint Investigation Agency Article 16 External relations
Article 17 Cyprus as a member of the European Union Part IV:
{common state} Institutions Article 18 Eligibility and
incompatibility and discharge of duties Article 19 {common
state} immunities and exemptions Section A: The Legislature
Article 20 Composition and election of Parliament Article 21
Organisation Article 22 Powers Article 23 Procedure
Section B: The Executive Article 24 The Presidential Council
Article 25 The President and the Vice-President of the Council
Article 26 The Departments Article 27 Representation of the
Presidential Council Article 28 The administration of the
{common state} Article 29 The {common state} police 31
Section C: Independent Officers and Institutions Article 30
Central Bank of Cyprus Article 31 Other independent officers
Article 32 The office of the Attorney-General and the Deputy
Attorney-General Article 33 The office of the Auditor-General
and the Deputy Auditor-General Section D: The Judiciary
Article 34 The Supreme Court of Cyprus Part V: Amendments of
this Constitution Article 35 Amendments of this Constitution
Part VI: Transitional provisions Article 36 {component state}
institutions Article 37 Transitional {common state} Parliament
Article 38 Transitional {common state} Head of State Article 39
Transitional {common state} government Article 40 Participation
of [executive heads] of {component states} in meetings of
Presidential Council Article 41 Entry into force of accession
treaty to the European Union Article 42 Appointment and initial
term of office of Supreme Court Judges
Article 43 Public Service Article 44 Responsibility for debts incurred prior to the entry into force
of the Foundation Agreement 36 Article 45 Teaching of official languages
Article 46 State-owned property Part VII: Additional Provisions
Attachment 1: Map of Cyprus and its {component states}
Attachment 2: Flag of Cyprus Attachment 3: Anthem of Cyprus
Attachment 4: Property of the {common state}
Draft Annex II: Constitutional Laws 41
Attachment 1: Constitutional law on the elaboration and adoption of
constitutional laws 42 Attachment 2: Constitutional Law on police matters and the Joint
Investigation Agency 43 Article 1 {component state} police 43 Article 2 Joint Investigation Agency 43 Article 3 Cooperation 43 Attachment 3: Constitutional Law on internal {component state} citizenship
status 44 Article 1 Internal {component state} citizenship status upon entry into
force of the Foundation Agreement 44 Article 2 Acquisition of internal {component state} citizenship status 44
Article 3 Exercise of political rights at the {component state} level 44 Article 4 Supreme Court injunctions on entry or residence 44 Article 5 Permissible limitation on residency of non-Cypriots 45 Article 6 Permissible limitation on residency of Cypriots 45 Article 7 Permissible transitional limitations on residency 45
Draft Annex III: {Common state} Legislation upon entry into force of the
Foundation Agreement 47
Attachment 1: Law on the anthem, flag, insignia and honours of Cyprus (and
their use) 48 Attachment 2: Law on conduct of external relations 49 Article 1 Composition of diplomatic missions of Cyprus 49 Attachment 3: Law on conduct of European Union relations 50 Attachment 4: Law on Cypriot citizenship 51 Article 1 General provisions 51 Article 2 [Dual citizenship] 51 Article 3 Cypriot citizenship upon entry into force of the Foundation
Agreement 51 Article 4 Acquisition of Cypriot citizenship 51 Article 5 Acquisition by naturalisation 52 Article 6 Acquisition by facilitated naturalization 52 Article 7 Loss of Cypriot citizenship 52 Article 8 Passports 52 Article 9 The Citizenship Board 52 Article 10 Implementation of this law 53 Article 11 Review of decisions on citizenship 53 Article 12 Transitional rules and regulations 53 Attachment 5: Law on aliens, immigration and asylum 54 Article 1 General provisions 54 Article 2 Entry and residency rights of Greek and Turkish nationals 54 Article 3 Asylum 54 Article 4 The Aliens Board 55 Article 5 Implementation of this law 55 Article 6 Review of decisions on immigration, asylum, deportation and
extradition 55 Article 7 Transitional rules and regulations 55 Attachment 6: Law on the Central Bank 56 Part I: Transitional Provisions 56 Article 1 Exchange of deposits of citizens and residents of Cyprus 56 Attachment 7: Law on {common state} taxation and finances 57 Article 1 Transfer to {component states} 57 Attachment 8: Law on {common state} budget 58 Article 1 Carry over of previous budget 58 Attachment 9: Law on international trade, customs and excise 59 Attachment 10: Law on aviation and airspace management 60 Attachment 11: Law on international navigation, territorial waters, and
continental shelf 61 Attachment 12: Law on postal services 62 Attachment 13: Law on communications 63 Attachment 14: Law on meteorology 64 Attachment 15: Law on weights and measures 65 Attachment 16: Law on intellectual property 66 Attachment 17: Law on antiquities 67 Attachment 18: Law on election to popularly elected {common state} offices
68 Attachment 19: Law on {common state} administration 69 Attachment 20: Law on {common state} police 70 Attachment 21: Law on legislative procedure and on procedure for amendments
of the Constitution 71 Attachment 22: Law on administration of justice 72 Article 1 Judges of the Supreme Court 72 Article 2 The Chief Justice 72 Article 3 Seniority of judges 72 Article 4 Judiciary Board 72 Article 5 Partial periodic renewal of the Supreme Court 73 Article 6 Transitional Supreme Court 73 Attachment 23: Law on {common state} offences 74
Draft Annex IV: Cooperation Agreements between {common state} and
{component states} upon entry into force of the Foundation Agreement
Attachment 1: Cooperation Agreement on external relations 76 Attachment 2: Cooperation Agreement on European Union relations 77 Article 1 Scope of agreement 77 Article 2 Duty to inform 77 Article 3 Decision-making 77 Article 4 Representation 78 Article 5 Legal action 78 Article 6 Adaptation 78 Article 7 Presidency 78 Article 8 Disputes resulting from the application of this agreement 79 Attachment 3: Cooperation Agreement on police matters 80
Draft Annex V: List of International Treaties binding on Cyprus upon entry
into force of the Foundation Agreement 81
Draft Annex VI: Territorial Arrangements 82
Article 1 Delineation of {component state} boundaries 82 Article 2 Access and connecting roads 82 Article 3 Water resources 83 Article 4 Phasing of territorial adjustment 83 Article 5 Current inhabitants 83 Article 6 Properties 84 Attachment 1: Map of territorial adjustment 85
Draft Annex VII: Treatment of Property affected by Events since 1963 86
Part I: General articles 87 Article 1 General provisions 87 Article 2 The Cyprus Property Board 87 Article 3 Property in areas subject to territorial adjustment 87 Article 4 Religious sites 87 Part II: Regulation of exercise of property rights 88 Article 5 Suspension of dealings, proceedings or alterations with respect to
affected property 88 Article 6 Claims and applications 88 Article 7 Liability for damage 89 Section A: Compensation 89 Article 8 Entitlement to full and effective compensation 89 Article 9 Property owned by institutions 89 Article 10 Property used for public benefit purposes 89 Article 11 Property required for military purposes 90 Article 12 Property currently used by dispossessed owners 90 Article 13 Property currently used by subsequent purchasers from
dispossessed owners 90 Article 14 Significantly improved property 91 Section B: Reinstatement into possession 91 Article 15 Eligibility for reinstatement 91 Article 16 Agreed levels of reinstatement 91 Article 17 Moratorium for reinstatement 92 Article 18 Improvements on reinstated property 92 Section C: Sale, exchange and long-term lease 92 Article 19 Option to sell, exchange or lease 92 Article 20 Incentives for dispossessed owners to sell, exchange or lease 93
Part III: Loss of use 93 Article 21 Compensation for loss of use 93 Part IV: Judicial review 93 Article 22 The Property Court 93 Part V: Amendment 94 Attachment 1: Definitions 95 Article 1 Definitions 95 Attachment 2: The Cyprus Property Board and compensation arrangements 98 Section A: Establishment, operation, powers, staff and costs of The Cyprus
Property Board 98 Article 1 Establishment and conduct of the Cyprus Property Board 98 Article 2 Membership 98 Article 3 Powers 99 Article 4 Obligations of the {common state} and the {component states} in
respect of the Property Board 100 Article 5 Obligations of {common state} and {component state} courts and
competent authorities 101 Article 6 Staff 101 Article 7 Costs 102 Article 8 Period of operation of the Property Board 102 Section B: Handling of property transferred to or via the Property Board 103
Article 9 Handling of property transferred to or via the Property Board 103
Section C: Decision-making and claims for affected property 104 Article 10 Decision-making 104 Article 11 Claims procedure 104 Article 12 Determination of claims and applications 105 Article 13 Decisions on reinstatement 106 Section D: Assistance with sale, exchange or lease 106 Article 14 Assistance with sale, exchange or lease 106 Article 15 Standard form lease 107 Article 16 Sale, exchange and lease: other assistance 107 Section E: Compensation fund and bonds 108 Article 17 Compensation Fund 108 Article 18 Use of compensation bonds 108 Attachment 3: Measures in favour of current users 109 Section A: Extension of deadlines for vacating affected property 109 Article 1 Property occupied by current users with sufficient financial means
109 Article 2 Property occupied by current users without sufficient financial
means 109 Article 3 Payment of rent to dispossessed owner up to reinstatement 110 Section B: Preferential loans 110 Article 4 Preferential loans 110 Section C: Right of first refusal 111 Article 5 Right of first refusal for current user and others in sales of
affected property 111 Attachment 4: Property located in areas subject to territorial adjustement
112 Article 1 Application of these provisions to property in areas subject to
territorial adjustment 112 Article 2 Reinstatement of dispossessed owners 112 Article 3 Improved properties 112 Article 4 Owners of property in areas subject to territorial adjustment who
wish to leave 113 Article 5 Current users of property in areas subject to territorial
adjustment 113
Draft Annex VIII: Reconciliation Commission 114
Article 1 Establishment 114 Article 2 Aims 114 Article 3 Powers 114 Article 4 Composition 115 Article 5 Duration 115 Article 6 Costs 116 Article 7 Recommendations and reports 116 Article 8 Follow-Up Procedures 116
Draft Annex IX: Coming into Being of the New State of Affairs 117
Article 1 Conduct of separate simultaneous referenda 117 Article 2 Entry into force of the Foundation Agreement 117 Article 3 Flag-raising ceremonies 118 Article 4 The United Nations 118
Draft Annex X: Calendar of Implementation 119
APPENDIX B: MEASURES TO ACCOMPANY AND FACILITATE THE FINALIZATION PROCESS
120
Article 1 Finalization of Foundation Agreement 120 Article 2 Committees to finalize Foundation Agreement 120 Article 3 Flag and anthem competition 120 Article 4 {component state} constitutions and legislation 121 Article 5 Measures to promote confidence 121 Article 6 Transitional Supreme Court judges 121 Article 7 Import and distribution licenses 122 Article 8 Missing persons 122
APPENDIX C: TREATY BETWEEN CYPRUS, GREECE, TURKEY AND THE UNITED KINGDOM ON
MATTERS RELATED TO THE NEW STATE OF AFFAIRS IN CYPRUS 123
Article 1 Approval of Foundation Agreement 123 Article 2 Monitoring Committee 123 Article 3 Additional Protocol to the Treaty of Guarantee 123 Article 4 Additional Protocol to the Treaty of Alliance 124 Article 5 Transitional Security Arrangements 124 Article 6 Entry into force 124 Draft Annex I: Foundation Agreement 125 Draft Annex II: Additional Protocol to the Treaty of Guarantee 126 Article 1 126 Article 2 126 Draft Annex III: Additional Protocol to the Treaty of Alliance 127 Article 1 127 Article 2 127 Article 3 127 Article 4 127 Attachment 1: composition, equipment, locations and activities of Greek and
Turkish Contingents 129 Article 1 Composition 129 Article 2 Weapons and equipment 129 Article 3 Activities 130 Article 4 Facilities 130 Article 5 Training fields 130 Article 6 Movement 130 Article 7 Notice 131 Draft Annex IV: Transitional Security Arrangements 132 Article 1 Dissolution of Greek Cypriot and Turkish Cypriot forces, including
reserve units 132 Article 2 Adjustment of Greek and Turkish forces 132
APPENDIX D: MATTERS TO BE SUBMITTED TO THE UNITED NATIONS SECURITY COUNCIL
FOR DECISION 133
APPENDIX E: REQUESTS TO THE EUROPEAN UNION WITH RESPECT TO THE ACCESSION OF
CYPRUS 135
Protocol requested to be attached to the Act concerning the conditions of
accession of Cyprus to the European Union 135 Article 1 Arrangements relating to property and residency rights 136 Article 2 Safeguard measures 137 Article 3 Entry and residency rights of Turkish nationals 137 Article 4 The European Security and Defence Policy 137 Paragraph requested to be included in the conclusions of the Copenhagen
European Council 138
BASIS FOR AGREEMENT ON A
COMPREHENSIVE SETTLEMENT OF THE CYPRUS PROBLEM
We, the democratically elected leaders of the Greek Cypriots and the
Turkish Cypriots, through negotiations under the auspices of the
Secretary-General of the United Nations in which each side
represented itself, and no-one else, as the political equal of the
other, have freely agreed to settle the Cyprus Problem in all its
aspects in the following comprehensive manner:
Article 1 Foundation Agreement
1. The main articles of the appended Foundation Agreement are hereby
agreed, as is the substance of the specially marked parts of the
Annexes thereto and the map delineating the boundary between the
{component states}. The Draft Annexes as a whole are hereby accepted
as a basis for agreement to be finalized no later than 28 February
2003.
2. The finalization of all Draft Annexes shall be accompanied and
facilitated by the appended measures.
3. The Secretary-General is invited to certify the results of the
finalization process, and to include his suggestions, if any are
indispensable, to finalize the Agreement.
4. That finalized Foundation Agreement shall be submitted by each
side to referendum on 30 March 2003, together with other specified
matters related to the coming into being of the new state of
affairs, including accession to the European Union.
5. Should the Foundation Agreement not be approved at the separate
simultaneous referenda, it shall be null and void, and the
commitments undertaken in this Comprehensive Settlement shall have
no further legal effect.
Article 2 Treaty on matters related to the new state of affairs in
Cyprus
Upon entry into force of the Foundation Agreement, the Co-Presidents
of Cyprus shall, on invitation and in the presence of the
Secretary-General of the United Nations (or his representative),
sign the appended Treaty with Greece, Turkey and the United Kingdom,
which shall be registered as an international treaty in accordance
with Article 102 of the Charter of the United Nations.
Article 3 Matters to be submitted to the United Nations Security
Council for decision The Secretary-General of the United Nations is
invited to request the Security Council to take decisions as
appended.
Article 4 Conditions of accession to the European Union
Pursuant to the willingness of the European Union to accommodate the
terms of a comprehensive settlement and to assist its
implementation, as expressed in the conclusions of the Brussels
European Council of 24 and 25 October, the requests to the European
Union to attach the appended Protocol to the Act concerning the
conditions of accession of Cyprus to the European Union, and to
include the appended paragraph in the conclusions of the Copenhagen
European Council, are hereby agreed.
Glafcos Clerides Rauf Denktash
For the Greek Cypriot side For the Turkish Cypriot side
The Hellenic Republic, the Republic of Turkey, and the United
Kingdom of Great Britain and Northern Ireland hereby agree with this
Comprehensive Settlement of the Cyprus Problem, and commit
themselves to sign together with Cyprus the appended Treaty on
matters related to the new state of affairs in Cyprus, which shall
be registered as an international treaty in accordance with Article
102 of the Charter of the United Nations.
Signature Signature Signature
Hellenic Republic United Kingdom Republic of Turkey
of Great Britain and Northern Ireland
Witnessed by
Kofi A. Annan
Secretary-General of the United Nations
Appendices to the Comprehensive Settlement of The Cyprus
Problem:
* Appendix A: Foundation Agreement
* Appendix B: Measures to accompany and facilitate the finalization
process
* Appendix C: Treaty between Cyprus, Greece, Turkey and the United
Kingdom on matters related to the new state of affairs in Cyprus
* Appendix D: Matters to be submitted to the United Nations Security
Council for decision
Appendix E: Requests to the European Union with respect to the
accession of Cyprus to the European Union
Table of Contents of Appendices
APPENDIX A: FOUNDATION AGREEMENT
Draft
Annex I: Constitution of Cyprus
Attachment 1: Map of
Cyprus and its {component states}
Attachment 2: Flag of
Cyprus
Attachment 3: Anthem of Cyprus
Attachment
4: Property of the {common state}
Draft Annex II:
Constitutional Laws
Attachment 1: Constitutional law on
the elaboration and adoption of constitutional laws
Attachment 2: Constitutional Law on police matters and the Joint
Investigation Agency
Attachment 3: Constitutional Law on
internal {component state} citizenship status
Draft
Annex III: {Common state} Legislation upon entry into force of
the Foundation Agreement
Attachment 1: Law on the anthem, flag,
insignia and honours of Cyprus (and their use)
Attachment 2: Law on conduct of external relations
Attachment 3: Law on conduct of European Union relations
Attachment 4: Law on Cypriot citizenship
Attachment
5: Law on aliens, immigration and asylum
Attachment 6:
Law on the Central Bank
Attachment 7: Law on {common
state} taxation and finances
Attachment 8: Law on {common state} budget
Attachment 9: Law on international trade, customs and excise
Attachment 10: Law on aviation and airspace management
Attachment 11: Law on international navigation,
territorial waters, and continental shelf
Attachment 12:
Law on postal services
Attachment 13: Law on
communications
Attachment 14: Law on meteorology
Attachment 15: Law on weights and measures
Attachment 16: Law on intellectual property
Attachment
17: Law on antiquities
Attachment 18: Law on election to
popularly elected {common state} offices
Attachment 19:
Law on {common state} administration
Attachment 20: Law
on {common state} police
Attachment 21: Law on
legislative procedure and on procedure for amendments of the
Constitution
Attachment 22: Law on administration of
justice
Attachment 23: Law on {common state} offences
Draft Annex IV: Cooperation Agreements between {common
state} and {component states} upon entry into force of the
Foundation Agreement
Attachment 1: Cooperation Agreement
on external relations
Attachment 2: Cooperation
Agreement on European Union relations
Attachment 3:
Cooperation Agreement on police matters
Draft Annex V:
List of International Treaties binding on Cyprus upon entry into
force of the Foundation Agreement
Draft Annex VI:
Territorial Arrangements
Attachment 1: Map of
territorial adjustment
Draft Annex VII: Treatment of
Property affected by Events since 1963
Attachment 1:
Definitions
Attachment 2: The Cyprus Property Board and
compensation arrangements
Attachment 3: Measures in
favour of current users
Attachment 4: Property located in areas subject to territorial
adjustement
Draft Annex VIII: Reconciliation Commission
Draft Annex IX: Coming into Being of the New State of
Affairs
Draft Annex X: Calendar of Implementation
APPENDIX B: MEASURES TO ACCOMPANY AND FACILITATE THE
FINALIZATION PROCESS
APPENDIX C: TREATY BETWEEN CYPRUS,
GREECE, TURKEY AND THE UNITED KINGDOM ON MATTERS RELATED TO THE
NEW STATE OF AFFAIRS IN CYPRUS
Draft Annex I: Foundation
Agreement
Draft Annex II: Additional Protocol to the
Treaty of Guarantee
Draft Annex III: Additional Protocol
to the Treaty of Alliance
Attachment 1: composition,
equipment, locations and activities of Greek and Turkish
Contingents
Draft Annex IV: Transitional Security
Arrangements
APPENDIX D: MATTERS TO BE SUBMITTED TO THE UNITED NATIONS
SECURITY COUNCIL FOR DECISION
APPENDIX E:
REQUESTS TO THE EUROPEAN UNION WITH RESPECT TO THE ACCESSION OF
CYPRUS
Protocol requested to be attached to the Act
concerning the conditions of accession of Cyprus to the European
Union
Paragraph requested to be included in the conclusions of the
Copenhagen European Council
APPENDIX A - FOUNDATION
AGREEMENT
i. Affirming that Cyprus is our common home and recalling that we
were co-founders of the Republic established in 1960
ii. Resolved that the tragic events of the past shall never be
repeated and renouncing forever the threat or the use of force, or
any domination by or of either side
iii. Acknowledging each other's distinct identity and integrity and
that our relationship is not one of majority and minority but of
political equality
iv. Deciding to renew our partnership on that basis and determined
that this new partnership shall ensure a common future in
friendship, peace, security and prosperity in an independent and
united Cyprus
v. Underlining our commitment to international law and the
principles and purposes of the United Nations
vi. Committed to respecting democratic principles, individual human
rights and fundamental freedoms, as well as each other's cultural,
religious, political, social and linguistic identity
vii. Determined to maintain special ties of friendship with, and to
respect the balance between, Greece and Turkey, within a peaceful
environment in the Eastern Mediterranean
viii. Looking forward to joining the European Union, and to the day
when Turkey does likewise
ix. Welcoming the Comprehensive Settlement freely reached by our
democratically elected leaders on all aspects of the Cyprus Problem,
and its endorsement by Greece and Turkey, along with the United
Kingdom
We, the Greek Cypriots and the Turkish Cypriots, exercising our
inherent constitutive power, by our free and democratic, separately
expressed common will adopt this Foundation Agreement.
Article 1 The new state of affairs
1. This Agreement establishes a new state of affairs in Cyprus.
2. Upon entry into force of this Agreement, the treaties listed in
this Agreement shall be binding on Cyprus, and the attached {common
state} legislation indispensable for the functioning of the {common
state} shall be in force.
3. The Treaty of Establishment, the Treaty of Guarantee, and the
Treaty of Alliance remain in force and shall apply mutatis mutandis
to the new state of affairs. Upon entry into force of this
Agreement, Cyprus shall sign a Treaty with Greece, Turkey and the
United Kingdom on matters related to the new state of affairs in
Cyprus, along with additional protocols to the Treaties of Guarantee
and Alliance.
4. Cyprus shall sign and ratify the Treaty of Accession to the
European Union.
5. Cyprus shall maintain special ties of friendship with Greece and
Turkey, respecting the balance established by the Treaty of
Guarantee and the Treaty of Alliance and this Agreement, and as a
European Union member state shall support the accession of Turkey to
the Union.
6. Any unilateral change to the state of affairs established by this
Agreement, in particular union of Cyprus in whole or in part with
any other country or any form of partition or secession, shall be
prohibited. Nothing in this Agreement shall in any way be construed
as contravening this prohibition.
Article 2 The State of Cyprus, its {common state} government, and
its {component states}
1. The status and relationship of the State of Cyprus, its {common
state} government, and its {component states}, is modeled on the
status and relationship of Switzerland, its federal government, and
its Cantons. Accordingly:
a. Cyprus is an independent state in the form of an indissoluble
partnership, with a {common state} government and two equal
{component states}, one Greek Cypriot and one Turkish Cypriot.
Cyprus has a single international legal personality and sovereignty
and is a member of the United Nations. Cyprus is organized under its
Constitution in accordance with the basic principles of rule of law,
democracy, representative republican government, political equality,
bi-zonality, and the equal status of the {component states}.
b. The {common state} government sovereignly exercises the powers
specified in the Constitution, which shall ensure that Cyprus can
speak and act with one voice internationally and in the European
Union, fulfill its obligations as a European Union member state, and
protect its integrity, borders and ancient heritage.
c. The {component states} are of equal status. Within the limits of
the Constitution, they sovereignly exercise all powers not vested by
the Constitution in the {common state} government, organizing
themselves freely under their own Constitutions.
2. The {component states} shall cooperate and co-ordinate with each
other and with the {common state}, including through Cooperation
Agreements, as well as through Constitutional Laws approved by the
legislatures of the {common state} and the {component states}. In
particular, the {component states} shall participate in the
formulation and implementation of policy in external and European
Union relations on matters within their sphere of competence, in
accordance with Cooperation Agreements modeled on the Belgian
example. The {component states} may have commercial and cultural
relations with the outside world in conformity with the
Constitution.
3. The {common state} and the {component states} shall fully respect
and not infringe upon the powers and functions of each other. There
shall be no hierarchy between the laws of the {common state} and
those of the {component states}. Any act in contravention of the
Constitution shall be null and void.
4. The Constitution of Cyprus may be amended by separate majority of
the voters of each {component state}.
Article 3 Citizenship
1. There is a single Cypriot citizenship. Special majority {common
state} law shall regulate eligibility for Cypriot citizenship.
2. All Cypriot citizens shall also enjoy internal {component state}
citizenship status. Like the citizenship status of the European
Union, this status shall complement and not replace Cypriot
citizenship. A {component state} may tie the exercise of political
rights at its level to its internal {component state} citizenship
status, and may limit the establishment of residence for persons not
holding this status in accordance with this Agreement. Such
limitations shall be permissible if the number of residents hailing
from the other {component state} has reached 1% of the population in
the first year and 20% in the twentieth year, rising by 3% every
three years in the intervening period. Thereafter, any limitations
shall be permissible only if one third of the population hails from
the other {component state}.
Article 4 Fundamental rights and liberties
1. Respect for human rights and fundamental freedoms shall be
enshrined in the Constitution. There shall be no discrimination
against any person on the basis of his or her gender, ethnic or
religious identity, or internal {component state} citizenship
status. Freedom of movement and freedom of residence may be limited
only where expressly provided for in this Agreement.
2. Greek Cypriots and Turkish Cypriots living in specified villages
in the other {component state} shall enjoy cultural and educational
rights and shall be represented in the {component state}
legislature.
3. The rights of religious and other minorities, including the
Maronite, the Latin and the Armenian, shall be safeguarded in
accordance with international standards, and shall include cultural
and educational rights as well as representation in {common state}
and {component state} legislatures.
Article 5 The {common state} government
1. The {common state} Parliament composed of two chambers, the
Senate and the Chamber of Deputies, shall exercise the legislative
power:
a. Each Chamber shall have 48 members. The Senate shall be composed
of an equal number of Senators from each {component state}. The
Chamber of Deputies shall be composed in proportion to population,
provided that each {component state} shall be attributed no less
than one quarter of seats.
b. Decisions of Parliament shall require the approval of both
Chambers by simple majority, including one quarter of voting
Senators from each {component state}. For specified matters, a
special majority of two-fifths of sitting Senators from each
{component state} shall be required.
2. The Office of Head of State is vested in the Presidential
Council, which shall exercise the executive power:
a. The Presidential Council shall comprise six members elected on a
single list by special majority in the Senate and approved by
majority in the Chamber of Deputies. The composition of the
Presidential Council shall be proportional to the population of the
two {component states}, though no less than one-third of the members
of the Council must come from each {component state}.
b. The Presidential Council shall strive to reach decisions by
consensus. Where it fails to reach consensus, it shall, unless
otherwise specified, take decisions by simple majority of members
voting, provided this comprises at least one member from each
{component state}.
c. The members of the Council shall be equal and each member shall
head a department. The heads of the Departments of Foreign Affairs
and European Union Affairs shall not come from the same {component
state}.
d. The offices of President and Vice-President of the Council shall
rotate every ten calendar months among members of the Council. No
more than two consecutive Presidents may come from the same
{component state}. The President, and in his absence or temporary
incapacity, the Vice-President, shall represent the Council as Head
of State and Head of Government. The President and Vice-President
shall not enjoy a casting vote or otherwise increased powers within
the Council.
e. The [executive heads] of the {component states} shall 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.
3. The Central Bank of Cyprus, the Office of the Attorney-General
and the Office of the Accountant-General shall be independent.
Article 6 The Supreme Court
1. The Supreme Court shall uphold the Constitution and ensure its
full respect.
2. It shall be composed of nine judges, three from each {component
state} and three non-Cypriots.
3. The Supreme Court shall, inter alia, resolve disputes between the
{component states} or between one or both of them and the {common
state}, and resolve on an interim basis deadlocks within the
institutions of the {common state} if this is indispensable to the
proper functioning of the {common state}.
Article 7 Transitional {common state} institutions
1. The {common state} institutions shall evolve during transitional
periods, after which these institutions shall operate as described
above.
2. Upon entry into force of this Agreement, the leaders of the two
sides shall become Co-Presidents of Cyprus for three years. The
Co-Presidents shall exercise the executive power during the first
year, assisted by a Council of Ministers they shall appoint. For the
following two years, the executive power shall be exercised by a
Council of Ministers elected by Parliament, and the Co-Presidents
shall together hold the office of Head of State.
3. {component state} legislatures to be elected within 40 days of
entry into force of this Agreement shall each nominate 24 delegates
(reflecting the political composition of their legislature) to a
transitional {common state} Parliament to operate for one year.
4. A transitional Supreme Court shall be appointed by the
Co-Presidents for one year.
Article 8 Demilitarization
1. Bearing in mind that:
a. The Treaty of Guarantee, in applying mutatis mutandis to the new
state of affairs established in this Agreement and the Constitution
of Cyprus, shall cover, in addition to the independence, territorial
integrity, security and constitutional order of Cyprus, the
territorial integrity, security and constitutional order of the
{component states}
b. The Treaty of Alliance shall permit Greek and Turkish
contingents, each not exceeding [insert 4-digit figure] all ranks,
to be stationed under the Treaty of Alliance in the Greek Cypriot
{component state} and the Turkish Cypriot {component state}
respectively;
c. Greek and Turkish forces and armaments shall be redeployed to
agreed locations and adjusted to agreed levels, and any forces and
armaments in excess of agreed levels shall be withdrawn;
d. There shall 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 government of the
{common state}, with the concurrence of both {component states},
does not decide otherwise;
e. The supply of arms to Cyprus shall be prohibited in a manner that
is legally binding on both importers and exporters; and
f. A Monitoring Committee composed of the guarantor powers, the
{common state}, and the {component states}, and chaired by the
United Nations, shall monitor the implementation of this Agreement,
Cyprus shall be demilitarized, and all Greek Cypriot and Turkish
Cypriot forces, including reserve units, shall be dissolved, and
their arms removed from the island, in phases synchronized with the
redeployment and adjustment of Greek and Turkish forces.
2. There shall be no paramilitary or reserve forces or military or
paramilitary training of citizens. All weapons except licensed
sporting guns shall be prohibited.
3. Neither {component state} shall tolerate violence or incitement
of violence against the {common state}, the {component states}, or
the guarantor powers.
4. Cyprus shall not put its territory at the disposal of
international military operations other than with the consent of
Greece and Turkey.
Article 9 {component state} boundaries and territorial adjustment
1. The territorial boundaries of the {component states} shall be as
depicted in the map which forms part of this Agreement.
2. Areas subject to territorial adjustment which are legally part of
the Greek Cypriot {component state} upon entry into force of this
Agreement, shall be administered during an interim period no longer
than three years by the Turkish Cypriot {component state}.
Administration shall be transferred under the supervision of the
United Nations to the Greek Cypriot {component state} in agreed
phases, beginning 90 days after entry into force of this Agreement
with the transfer of administration of largely uninhabited areas
contiguous with the remainder of the Greek Cypriot {component
state}.
3. Special arrangements shall safeguard the rights and interests of
current inhabitants of areas subject to territorial adjustment, and
provide for orderly relocation to adequate alternative accommodation
in appropriate locations where adequate livelihoods may be earned.
Article 10 Property
1. Claims by property owners dispossessed by events prior to entry
into force of this Agreement shall be resolved in a comprehensive
manner in accordance with international law, respect for the
individual rights of dispossessed owners and current users, and the
principle of bi-zonality.
2. In areas subject to territorial adjustment, properties shall be
reinstated to dispossessed owners.
3. In areas not subject to territorial adjustment, the arrangements
for the exercise of property rights, by way of reinstatement or
compensation, shall have the following basic features:
a. Dispossessed owners who opt for compensation or whose properties
are not reinstated under the property arrangements shall receive
full and effective compensation on the basis of value at the time of
dispossession plus inflation;
b. Current users, being persons who have possession of properties of
dispossessed owners as a result of an administrative decision, may
apply for and shall receive title if they agree in exchange to
renounce their title to a property, of similar value and in the
other {component state}, of which they were dispossessed;
c. Current users may also apply for and shall receive title to
properties which have been significantly improved provided they pay
for value in original condition;
d. There shall be incentives for owners to sell, lease or exchange
properties to current users or other persons from the {component
state} in which a property is located;
e. Properties not covered by the above shall be reinstated five
years after entry into force of this Agreement (three years for
vacant properties), provided that no more than X% of the area and
residences in either {component state} and Y% in any given
municipality or village (other than villages specifically designated
in this Agreement) shall be reinstated to owners from the other
{component state} and
f. Current users who are Cypriot citizens and are required to vacate
property to be reinstated shall not be required to do so until
adequate alternative accommodation has been made available.
4. Property claims shall be received and administered by an
independent, impartial Property Board, composed of an equal number
of members from each {component state}, as well as non-Cypriot
members. No direct dealings between individuals shall be necessary.
Article 11 Reconciliation Commission
1. An independent, impartial Reconciliation Commission shall promote
understanding, tolerance and mutual respect between Greek Cypriots
and Turkish Cypriots.
2. The Commission shall be composed of men and women, comprising an
equal number of Greek Cypriots and Turkish Cypriots, as well as at
least one non-Cypriot member, which the Secretary-General of the
United Nations is invited to appoint in consultation with the two
sides.
Article 12 Past acts
1. Any act, whether of a legislative, executive or judicial nature,
by any authority [...] whatsoever, prior to entry into force of this
Agreement, is recognized as valid and, provided it is not
inconsistent with or repugnant to any other provision of this
Agreement, its effect shall continue following entry into force of
this Agreement. No-one shall be able to contest the validity of such
acts by reason of what occurred prior to entry into force of this
Agreement.
2. Any claims for liability or compensation arising from acts prior
to this Agreement shall, insofar as they are not otherwise regulated
by the provisions of this Agreement, be dealt with by the {component
state} from which the claimant hails.
Article 13 Entry into force and implementation
1. This Agreement shall come into being at 00:00 hours on the day
following confirmed approval by each side at separate simultaneous
referenda conducted in accordance with the Agreement.
2. Upon entry into force of this Agreement, there shall be
ceremonies throughout the island at which all flags other than those
prescribed in the Constitution are lowered, the flags of Cyprus and
of the {component states} raised in accordance with the Constitution
and relevant legislation, and the anthems of Cyprus and of the
{component states} played.
3. Upon entry into force of this Agreement, the Co-Presidents shall
inform the United Nations that henceforth the membership rights and
obligations of Cyprus in the United Nations shall be exercised in
accordance with the new state of affairs. The agreed flag of Cyprus
shall be raised at United Nations Headquarters.
4. This Agreement shall be implemented in accordance with the
binding timeframes laid down in the various parts of the Agreement
and reflected in the calendar of implementation.
Article 14 Annexes
The above main articles are reflected in detailed legal language in
the Annexes which form an integral part of this Agreement.
DRAFT ANNEX I:
CONSTITUTION OF CYPRUS
PART I: GENERAL PROVISIONS 17
PART II: FUNDAMENTAL RIGHTS AND LIBERTIES 20
PART III: THE {COMMON STATE} AND THE {COMPONENT STATES} 21
PART IV: {COMMON STATE} INSTITUTIONS 25
Section A: The Legislature 26
Section B: The Executive 28
Section C: The Independent Officers and Institutions 31
Section D: The Judiciary 32
PART V: AMENDMENTS OF THIS CONSTITUTION 33
PART VI: TRANSITIONAL PROVISIONS 33
PART VII: ADDITIONAL PROVISIONS 36
ATTACHMENT 1: MAP OF CYPRUS AND ITS {COMPONENT STATES} 37
ATTACHMENT 2: FLAG OF CYPRUS 38
ATTACHMENT 3: ANTHEM OF CYPRUS 39
ATTACHMENT 4: PROPERTY OF THE {COMMON STATE} 40
Part I: GENERAL PROVISIONS
Article 1 The State of Cyprus
1. Cyprus is an independent and sovereign state with a single
international legal personality and a {common state} government and
consists of a Greek Cypriot {component state} and a Turkish Cypriot
{component state}.
2. The independence, territorial integrity, security, and
constitutional order of Cyprus shall be safeguarded and respected by
all.
3. 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 shall be prohibited.
4. The flag of Cyprus shall be [insert description of agreed flag],
as attached to this Constitution. The flag of Cyprus shall be flown
alone or together with the flag of the European Union on {common
state} government buildings.
5. The anthem of Cyprus shall be [insert name of agreed anthem], as
attached to this Constitution.
6. Cyprus shall be organised under this Constitution in accordance
with the basic principles of rule of law, democracy, representative
republican government, political equality of Greek Cypriots and
Turkish Cypriots, bi?zonality and the equal status of the {component
states}.
Article 2 The {component states}
1. The {component states} are of equal status. Each {component
state} exercises its authority within the limits of this
Constitution and its territorial boundaries as set out the
attachment to this Constitution.
2. The {component states} shall organize themselves freely within
the limits of this Constitution and in conformity with the basic
principles of rule of law, democracy, and representative republican
government under their own Constitutions.
3. The identity, territorial integrity, security and constitutional
order of the {component states} shall be safeguarded and respected
by all.
4. The {component states} shall have their own anthems and flags.
The {component state} flag shall be flown on {component state}
government buildings, along with and in the same manner as the flag
of Cyprus and, if {component state} law so provides, that of the
European Union. No other flags shall be flown on {component state}
government buildings or public property.
5. Each {component state} shall determine and observe its own
holidays in addition to those of the {common state}.
Article 3 Constitution as supreme law
1. This Constitution, having been democratically adopted by the
Greek Cypriots and the Turkish Cypriots through their separately
expressed common will, is the supreme law of the land and is binding
on all authorities of the {common state} and the {component states}.
Any act by the {common state} or either {component state} in
contravention of this Constitution shall be null and void.
2. The {common state} shall fully respect and not infringe upon the
powers and functions of the {component states} under this
Constitution. Each {component state} shall fully respect and not
infringe upon the powers and functions of the {common state} or the
other {component state} under this Constitution. There shall be no
hierarchy between the laws of the {common state} and those of the
{component states}.
3. The Supreme Court shall uphold this Constitution and ensure its
full respect by the organs of the {common state} and the {component
states}.
Article 4 Rule of law
1. The law is the basis of and limitation for all acts of government
at all levels.
2. All acts of government at all levels shall conform with the
principles of public interest, proportionality and good faith.
3. The {common state} as well as the {component states} shall
respect international law, including all treaties binding upon
Cyprus, which shall be considered an integral part of this
Constitution.
Article 5 Secular nature of Cyprus and its {component states}
1. The State of Cyprus and its {component states} are secular.
2. Religious functionaries shall not hold elected or appointed
political or public office.
Article 6 Demilitarisation of {common state} and {component states}
1. The {common state} and the {component states} shall be
demilitarized. There shall be no paramilitary or reserve forces or
military or paramilitary training of citizens.
2. Cyprus shall not put its territory at the disposal of
international military operations other than with the consent of
Greece and Turkey.
3. All weapons, except licensed sporting guns, shall be prohibited.
4. Neither {component state} shall tolerate violence or the
incitement of violence against the {common state}, the {component
states}, or the guarantor powers by persons, groups or organisations
operating within its boundaries.
5. The provisions of this Article are without prejudice to the
provisions of the Treaty of Establishment, the Treaty of Guarantee,
the Treaty of Alliance, the mandate of a UN peacekeeping operation
in Cyprus and the provisions of this Constitution on {common state}
and {component state} police and the Joint Investigation Agency.
Article 7 The official languages and promulgation of official acts
1. The official languages of the {common state} are Greek and
Turkish. The use of English for official purposes shall be regulated
by law.
2. Legislative, executive, administrative and judicial acts and
documents of the {common state} shall be drawn up in all official
languages and shall, unless otherwise provided, be promulgated by
publication in the official Gazette of Cyprus in all official
languages.
3. All persons shall have the right to address the authorities of
the {common state} in any of the official languages and to be
addressed in that same language.
4. The official languages of the {common state} shall be taught
mandatorily to all secondary school students.
Article 8 Official Holidays of the {common state}
1. The National Holiday of Cyprus shall be the day of the referenda
on the Foundation Agreement.
2. In addition to Sundays, the following official holidays shall be
observed throughout Cyprus:
a. 1 January (New Year's Day);
b. 1 May (Labour Day);
c. 25 December (Christmas);
d. Good Friday;
e. Easter Monday;
f. The first day of Ramadan/Sheker Bayram;
g. The first day of Kurban Bayram; and
h. The birthday of the Prophet Mohammed.
3. Public servants of the {common state} shall be entitled to
observe, in addition to the above, the official holidays of either
one {component state} or the other.
Part II: FUNDAMENTAL RIGHTS AND LIBERTIES
Article 9 Fundamental Rights
1. In accordance with Article 4(3) of this Constitution, the
European Convention on the Protection of Human Rights and
Fundamental Freedoms and its Additional Protocols which are in force
for Cyprus and the United Nations Covenant on Civil and Political
Rights shall be an integral part of this Constitution.
2. There shall be no discrimination against any person on the basis
of his or her gender, ethnic or religious identity, or internal
{component state} citizenship status.
3. There shall be freedom of movement and freedom of residence
throughout Cyprus, except as otherwise expressly provided in this
Constitution or any other parts of the Foundation Agreement or a
Constitutional Law.
4. The rights of religious and other minorities, including the
Maronite, the Latin and the Armenian, shall be safeguarded. The
{common state} and the {component states} shall, within their
respective spheres of competence, afford minorities the status and
rights foreseen in the European Framework Convention for the
Protection of National Minorities, in particular the right to
administer their own cultural and educational affairs and to be
represented in the legislature.
5. Greek Cypriots residing in the Karpas villages of Rizokarpaso/Dipkarpaz,
Agialousa/Yeni Erenkvy, Agia Trias/Sipahi, Melanarga/Adacay, and
Maronites residing in the villages of Agia Marina/Gurpinar, Asomatos/Vzhan,
Karpasha/Karpasa and Kormakiti/Korugam, and Turkish Cypriots
residing in the Tillyria villages of Amadhies/Gunebakan, Limnitis/Yesilyirmak,
Selemani/Suleymaniye, Xerovounos/Kurutepe and Agios Georgios/Madenlikvy,
as well as the Mesaoria villages of Pyla and [insert other villages
with more than 20% Turkish Cypriots in 1960 should they fall within
the area of territorial adjustment] shall, within the {component
states} in which these villages are situated, enjoy the right to
administer their own cultural and educational affairs and to be
represented in the {component state} legislature..
Article 10 Citizenship
1. There is a single Cypriot citizenship.
2. All persons holding Cypriot citizenship shall also enjoy internal
{component state} citizenship status as provided for by
Constitutional Law. Such status, like the European Union citizenship
status, is complementary to and does not replace Cypriot
citizenship.
3. Where any provision of this Constitution or of the Foundation
Agreement refers to the {component state} origins of a person (or
where a person hails from), the criterion shall be the holding of
internal {component state} citizenship status. Persons holding the
internal {component state} citizenship status of both {component
states} shall be considered to be from the {component state} in
which they reside or last resided.
Article 11 Exercise of political rights
Cypriot citizens who are at least 18 years old shall enjoy political
rights at the {common state} level and exercise them at their place
of legal residency.
Part III: THE {COMMON STATE} AND THE {COMPONENT STATES}
Article 12 Competences and functions of the {common state}
1. The {common state} shall, in accordance with this Constitution,
sovereignly exercise legislative and executive competences in the
following matters:
a. External relations, including conclusion of international
treaties and defence policy;
b. Relations with the European Union;
c. Central Bank functions, including issuance of currency, monetary
policy and banking regulations;
d. ommon state} finances, including budget and all indirect taxation
(including customs and excise), and {common state} economic and
trade policy;
e. Meteorology, aviation, international navigation and the
continental shelf and territorial waters of Cyprus;
f. Communications (including postal, electronic and
telecommunications);
g. Cypriot citizenship (including issuance of passports) and
immigration (including asylum, deportation and extradition of
aliens);
h. Combating terrorism, drug trafficking, money laundering and
organised crime;
i. Pardons and amnesties;
j. Intellectual property and weights and measures; and
k. Antiquities
2. Incidental to the above competences and to other provisions of
this Constitution, the {common state} shall exercise legislative and
executive competences over {common state} administration (including
public service, {common state} police, as well as its independent
institutions and officers); {common state} elections and referenda;
offences against {common state} laws; administration of justice by
the Supreme Court; {common state} property, including public works
for {common state} facilities and expropriation; and like matters
which are clearly incidental to the specified powers of the {common
state}.
3. The {common state} shall, as appropriate, entrust the
implementation of its laws including the collection of certain forms
of taxes, to {component state} authorities.
4. Obligations of the {common state} under international treaties
shall be implemented by the {common state} or {component state}
authority which enjoys legislative competence in the subject matter
to which the treaty pertains.
5. The {common state} shall confer upon the {component states} a
portion of its revenue from indirect taxation as provided for by
special majority law.
Article 13 Competences and functions of the {component states}
1. The {component states} shall, within the limits of this
Constitution, sovereignly exercise within their territorial
boundaries all competences and functions not vested by this
Constitution in the {common state}.
2. The {component states} shall have primary criminal jurisdiction
over offences against {common state} laws, unless such jurisdiction
is reserved for the Supreme Court of Cyprus by {common state}
legislation.
3. The police of a {component state} shall be stationed and operate
exclusively within that {component state} and shall be responsible
for the protection and enforcement of law and order and public
safety within that {component state}, including offences against
{common state} laws, without prejudice to the functions of the
{common state} police and the Joint Investigation Agency. A
Constitutional Law shall regulate the strength and equipment of
{component state} police and a Cooperation Agreement between the
{common state} and the {component states} shall provide for
cooperation on police matters.
Article 14 Cooperation and coordination
1. Where expressly provided for in this Constitution, legislative
matters may be regulated in a manner binding upon the {common state}
and the {component states}, through Constitutional Laws. Such laws
shall be approved by the legislatures of the {common state} and the
{component states} in accordance with procedures set down in a
Constitutional Law and shall have precedence over any other {common
state} of {component state} laws.
2. The {component states} may conclude agreements with each other or
with the {common state}. Such agreements may create common
organizations and institutions on matters within the competence of
the parties.
3. The {component states} shall strive to coordinate or harmonize
their policy and legislation, including through agreements, common
standards and consultations wherever appropriate, in particular on
the following matters:
a. Tourism;
b. Protection of the environment and use and conservation of energy
and natural resources, including water;
c. Fisheries and agriculture;
d. Industry and commerce, including insurance, consumer protection,
professions and professional associations;
e. Zoning and planning, including for overland transport;
f. Sports and education;
g. Health, including regulation of tobacco, alcohol and drugs, and
veterinary matters;
h. Social security and labour;
i. Family, company and criminal law; and
j. Acceptance of validity of documents.
4. Either {component state} or any branch of the {common state}
government may initiate the coordination or harmonization process.
5. Agreements on such coordination or harmonization shall be
approved by the competent branch of the {component state}
governments and, if {common state} participation is required, by the
competent branch of the {common state}.
6. The {common state} shall support, both financially and
logistically, cooperative endeavours between the {component states}
or between municipalities and villages located in different
{component states}.
7. The {common states} and the {component states} shall accept as
valid documents issued by government authorities and educational,
medical and other public service institutions.
Article 15 Joint Investigation Agency
There shall be a Joint Investigation Agency, comprising {common
state} and {component state} police personnel and reporting to the
Attorney-General. Its composition and functions, as well as the
strength and equipment of the {common state} and {component state}
police, shall be regulated by Constitutional Law.
Article 16 External relations
1. Cyprus shall maintain special ties of friendship with Greece and
Turkey, respecting the balance established by the Treaty of
Guarantee and the Treaty of Alliance and the Foundation Agreement.
2. The {component states} shall be consulted on {common state}
decisions on external relations that affect their competences.
3. The {component states} may appoint representatives on commercial
and cultural matters, who shall be accredited as part of diplomatic
missions of Cyprus.
4. The {component states} may also conclude agreements on commercial
and cultural matters with authorities of States that have relations
with Cyprus, provided that such agreements do not cause prejudice to
Cyprus, the authority of the {common state} government, or the other
{component state}, and are compatible with the European Union
membership of Cyprus.
5. In the exercise of the powers conferred by paragraphs 3 and 4 of
this Article, the following procedures shall be observed:
a. The {component states} shall use the channel of the {common
state} ministry of foreign affairs for contacts at a political level
with foreign governments; and
b. The {component states} may have direct contacts with sub-entities
or subordinate authorities of other states. In this case they shall
inform the {common state} ministry of foreign affairs upon starting
negotiations on any agreement with such authorities and continue to
advise on the progress and outcome of such negotiations.
6. A Cooperation Agreement between the {common state} and the
{component states} on external relations shall regulate the
implementation of this Article.
Article 17 Cyprus as a member of the European Union
1. Cyprus shall be a member of the European Union.
2. The governments of the {component states} shall participate in
the formulation of the policy of Cyprus in the European Union.
3. Cyprus shall be represented in the European Union by the {common
state} government in its areas of competence or where a matter
predominantly concerns an area of its competence. Where a matter
falls predominantly or exclusively into an area of competence of the
{component states}, Cyprus may be represented either by a {common
state} or a {component state} representative, provided the latter is
able to commit Cyprus.
4. Obligations of Cyprus arising out of European Union membership
shall be implemented by the {common state} or {component state}
authority which enjoys legislative competence for the subject matter
to which an obligation pertains.
5. If a {component state} fails to fulfil obligations of Cyprus
vis-`-vis the European Union within its area of competence and
Cyprus may be held responsible by the Union, the {common state}
shall, after notification of no less than 90 days, take necessary
measures in lieu of the defaulting {component state}, to be in force
until such time as that {component state} discharges its
responsibilities.
6. Paragraphs 2-5 of this Article shall be the subject of a
Cooperation Agreement between the {common state} and the {component
states}.
7. Amendments to the treaties on which the European Union is founded
or acts of accession of any applicant states to the European Union
which require ratification by all member states of the European
Union, shall be ratified by Cyprus unless this is opposed by each of
the legislatures of the {common state} and the {component states}.
The President or the Vice-President of the Presidential Council
shall be entitled to sign the respective instrument of ratification
and thereby bind Cyprus.
8. No provision of this Constitution shall invalidate laws, acts or
measures by the {common state} or the {component states} required by
the obligations of European Union membership, or prevent laws, acts
or measures by the European Union, or institutions thereof, from
having the force of law throughout Cyprus.
Part IV: {COMMON STATE} INSTITUTIONS
Article 18 Eligibility and incompatibility and discharge of duties
1. Unless otherwise provided by this Constitution or law, a person
shall be qualified to be elected or appointed to serve in the
{common state} institutions if he or she is a citizen of Cyprus and
has reached the age of 18.
2. Unless otherwise provided by this Constitution or law, no person
may be a member of more than one branch of the {common state}
government or the {common state} government and a {component state}
government.
3. Persons elected to or appointed to serve in the {common state}
institutions shall act in the best interests of the {common state}.
Article 19 {common state} immunities and exemptions
1. Members of Parliament, the Presidential Council, the Supreme
Court and the Board of the Central Bank of Cyprus, as well as the
Independent Officers, shall enjoy immunity from arrest or judicial
prosecution unless {common state} law provides otherwise.
2. {common state} property used for official purposes shall be
exempt from the application of {component state} legislation,
including taxation. Such property shall be under the direct and sole
authority of the {common state}. The {component states} shall assist
the {common state} police in assuring the safety of {common state}
property located within their territorial boundaries.
Section A: The Legislature
Article 20 Composition and election of Parliament
1. The {common state} Parliament shall be composed of two Chambers:
the Senate and the Chamber of Deputies.
2. Each Chamber shall have 48 members, elected for five years on the
basis of proportional representation. The {component states} shall
serve as electoral precincts unless special majority law provides
otherwise, in which case each precinct may have no less than ten
seats.
3. The Senate shall be composed of an equal number of senators from
each {component state}. The people of each {component state} shall
elect, on a proportional basis, 24 members of the Senate.
4. The Chamber of Deputies shall be composed of deputies from both
{component states}, with seats attributed on the basis of the number
of registered residents in each {component state} provided that each
{component state} shall be attributed a minimum of one quarter of
the seats. A deputy may not at the same time be a member of either
{component state} legislature.
5. The Maronite, Latin and Armenian minorities shall each be
represented by no less than one deputy. Members of such minorities
shall be entitled to vote for the election of such deputies
irrespective of their place of residency in Cyprus. Such deputies
shall be counted against the quota of the {component state} where
the majority of the members of the respective minority reside.
Article 21 Organisation
1. The law shall regulate the time and duration of the ordinary
sessions of the {common state} Parliament. At any time, the
Presidential Council or one quarter of sitting members of either
Chamber may convene Parliament for an extraordinary session.
2. Each Chamber shall elect a President and two Vice-Presidents, one
from each {component state}, for a period of one year. The
Presidents of the two Chambers shall not come from the same
{component state}. The Vice President who does not come from the
same {component state} as the President of the relevant Chamber
shall be the First Vice-President of that Chamber.
3. Each Chamber shall organise its own committees in accordance with
the law.
4. Each Chamber shall require the presence of a majority of sitting
members in order to take decisions.
5. The law shall regulate the obligation of members of Parliament to
attend meetings and the consequences of failure to do so without
authorization.
Article 22 Powers
1. Parliament shall legislate and take decisions.
2. Parliament shall approve international treaties for
ratification, except where it has delegated that power to the
Presidential Council.
3. Parliament shall elect and oversee the functioning of the
Presidential Council.
4. Parliament may by special majority impeach members of the
Presidential Council and of organs of the independent institutions,
and independent officers, for grave violations of their duties or
serious crimes.
5. Parliament shall adopt the {common state} budget.
Article 23 Procedure
1. Unless otherwise specified, decisions of Parliament need the
approval of both Chambers with simple majority of members present
and voting, including one quarter of senators present and voting
from each {component state}.
2. A special majority comprising at least two fifths of sitting
senators from each {component state}, in addition to a simple
majority of deputies present and voting, shall be required for:
a. Ratification of international agreements on matters which fall
within the legislative competence of the {component states}
b. Ratification of treaties and adoption of laws and regulations
concerning the airspace, continental shelf and territorial waters of
Cyprus;
c. Adoption of laws and regulations concerning citizenship,
immigration, and taxation;
d. Approval of the {common state} budget;
e. Election of the Presidential Council; and
f. Other matters which specifically require special majority
approval pursuant to other provisions of this Constitution.
3. The law shall provide for a conciliation mechanism between the
Chambers of Parliament.
Section B: The Executive
Article 24 The Presidential Council
1. The Office of Head of State is vested in a six-member
Presidential Council, which shall exercise the executive power.
2. The members of the Presidential Council shall be elected by
Parliament for a fixed five-year term on a single list by special
majority.
3. Members of the Presidential Council shall not hold any other
public office or private position.
4. The members of the Presidential Council shall continue to
exercise their functions after expiry of their term in office until
a new Council has been elected.
5. In the event of a vacancy in the Council, a replacement shall be
elected by Parliament by special majority for the remainder of the
term of office.
6. The composition of the Presidential Council shall be proportional
to the population of the two {component states} though at least two
members must hail from each {component state}.
7. The Presidential Council shall strive to reach all decisions by
consensus. Where it fails to reach consensus, it shall make
decisions by simple majority of members voting unless otherwise
stated in this Constitution. Such majority must in all cases
comprise at least one member from each {component state}.
8. The members of the Presidential Council shall be equal. Any
member of the Council shall be able to place an item on the agenda
of the Council.
9. The Presidential Council may, where appropriate, invite the
[executive heads] of the {component states} to participate without a
vote in its meetings.
Article 25 The President and the Vice-President of the Council
1. The President and Vice-President of the Council shall not hail
from the same {component state}.
2. The offices of the President and Vice-President of the Council
shall rotate every ten calendar months among members of the Council
on the basis of time spent on the Council since last serving in
either office and with no more than two consecutive Presidents to
come from the same {component state}. Among members of the Council
who have spent equal time on the Council without having served as
President or Vice-President, a lot shall be drawn, unless the
members concerned agree to an order of precedence.
3. The Vice-President of the Council shall assume the duties of the
President in the absence or temporary incapacity of the President.
4. The President of the Council shall convene and chair the meetings
of the Presidential Council.
5. Neither the President nor the Vice President of the Council shall
have a casting vote.
Article 26 The Departments
1. Each member of the Presidential Council shall head a department.
2. Departments shall be attributed by decision of the Council. Where
the Council is unable to reach a decision, departments shall be
attributed on the basis of time spent on the Council; among members
who have spent equal time, a lot shall be drawn.
3. The heads of the Departments of Foreign Affairs and European
Union Affairs shall not hail from the same {component state}.
4. The heads of department shall prepare and execute decisions of
the Presidential Council.
Article 27 Representation of the Presidential Council
1. The President of the Council shall represent the Presidential
Council as Head of State.
2. In representing the Presidential Council as Head of State, the
President shall attend official functions, sign and receive
credentials of diplomatic envoys, and confer the honours of Cyprus.
3. The President of the Council shall represent Cyprus at meetings
of heads of government, unless the Presidential Council, deciding
with separate majorities of members from each {component state},
designates another member.
4. The heads of the relevant Departments/Secretariats/Ministries
shall represent Cyprus at meetings of government ministers unless
otherwise provided for by law or by agreement between the {common
state} and the {component states}.
5. Where an international meeting is likely to address vital
interests of a {component state}, and the Council representative to
that meeting hails from the other {component state}, the Council
shall, upon special request of a majority of Council members from
the interested {component state}, appoint a member from that
{component state} to accompany the Council representative, provided
delegations to such meetings may comprise more than one person.
6. Any representative of Cyprus at international meetings shall be
bound by decisions of the Presidential Council. Where the Council
has appointed one of its members to accompany its representative in
accordance with paragraph 5 of this Article, the representative of
Cyprus shall exercise any discretion in concord with such member.
Article 28 The administration of the {common state}
1. A Public Service Commission composed of men and women hailing in
equal numbers from each {component state} shall have authority to
appoint and promote {common state} public servants. It shall take
its decisions in accordance with the law.
2. The composition of the public service shall, where not otherwise
specified in this Constitution or special majority law, be
proportional to the populationof the {component states}, though at
least one-third of the public servants at every level of the
administration must hail from each {component state}.
3. A public servant of the {common state} may not simultaneously
serve as a public servant of a {component state}.
Article 29 The {common state} police
The {common state} shall have a police composed of an equal number
of personnel hailing from each {component state}. The {common state}
police shall control Cyprus border and protect {common state}
officials, buildings and property, as well as foreign dignitaries
and diplomatic missions.
Section C: Independent Officers and Institutions
Article 30 Central Bank of Cyprus
1. The Central Bank of Cyprus shall be independent and operate in
accordance with European Union requirements.
2. It shall issue currency, determine monetary policy and the prime
lending rate, and regulate and supervise the banking sector.
3. The Central Bank shall be governed by a Board of three members,
one of whom shall be the Governor. At least one member shall hail
from each {component state} the third member may be a non-Cypriot.
4. The Governor and the other two members of Board shall be
appointed by the Presidential Council for a term of seven years.
5. The law may provide for the establishment of branches of the
Central Bank in each {component state}, and for inclusion of branch
directors in the Board of the Central Bank.
6. All decisions of the Board of the Central Bank shall be taken by
simple majority.
Article 31 Other independent officers
1. The Attorney-General and the Deputy Attorney-General and the
Auditor-General and the Deputy Auditor-General shall be appointed by
the Presidential Council for a non renewable term of office of nine
years but no longer than until their 75th birthday.
2. The Attorney-General and the Auditor-General shall not hail from
the same {component state} nor shall the Attorney-General and the
Deputy Attorney-General or the Auditor General and the
Deputy-Auditor General.
Article 32 The office of the Attorney-General and the Deputy
Attorney-General
[insert article]
Article 33 The office of the Auditor-General and the Deputy
Auditor-General
[insert article]
Section D: The Judiciary
Article 34 The Supreme Court of Cyprus
1. The Supreme Court of Cyprus shall count an equal number of judges
from each {component state} among its members. The Presidential
Council shall appoint the judges, for a renewable term of office of
seven years, in accordance with criteria and procedures stipulated
in a special majority law which shall also fix the number of judges.
2. The Supreme Court shall have exclusive jurisdiction over disputes
between the {component states} and between one or both {component
states} and the {common state}.
3. The Supreme Court shall have exclusive jurisdiction to determine
the validity of any {common state} or {component state} law under
this Constitution or any question that may arise from the precedence
of Constitutional laws. Upon request of {component state} courts or
other {common state} or {component state} authorities it may do so
in the form of a binding opinion.
4. The Supreme Court shall be the appeals court in all other
disputes on matters which involve the interpretation of the
Foundation Agreement, this Constitution, {common state} laws
(including administrative decisions of the {common state}), or
treaties binding upon Cyprus.
5. The Supreme Court shall have primary criminal jurisdiction over
offences against {common state} law where provided by {common state}
legislation.
6. If a deadlock arises in one of the institutions of the {common
state} preventing the taking of a decision without which the {common
state} or its institutions could not properly function, or the
absence of which would result in a substantial default on the
obligations of Cyprus as a member of the European Union, the Supreme
Court may, upon application of a member of the Presidential Council,
the President or Vice-President of either Chamber of Parliament, or
the Attorney-General or the Deputy Attorney-General, take an ad
interim decision on the matter, to remain in force until such time
as a decision on the matter is taken by the institution in question.
In so acting, the Supreme Court shall exercise appropriate
restraint.
7. The Supreme Court shall decide on the organization of its work.
If it chooses to divide itself into Chambers for the treatment of
certain cases, such Chambers shall always include an equal number of
judges from each {component state}.
8. The Supreme Court shall strive to reach its decisions by
consensus and issue joint judgments of the Court. However, all
decisions of the Supreme Court may be taken by simple majority.
Part V: AMENDMENTS OF THIS CONSTITUTION
Article 35 Amendments of this Constitution
1. Amendments of this Constitution, including the attachments which
are an integral part of it, shall be considered and adopted by the
{common state} legislature after consultation with the governments
of the {component states} and interested sectors of society.
2. After adoption by both Chambers of Parliament, proposed
amendments shall be submitted to referendum for approval by separate
majority of the people in each {component state}.
3. Amendments shall enter into force 90 days after their approval,
unless the amendment otherwise provides.
Part VI: TRANSITIONAL PROVISIONS
Article 36 {component state} institutions
1. No later than 40 days after entry into force of the Foundation
Agreement, the {component states} shall elect the members of their
legislatures and other popularly elected officials in accordance
with the {component state} Constitution and legislation approved in
referenda.
2. The newly elected members of the {component state} institutions
shall assume office within ten days of their election.
Article 37 Transitional {common state} Parliament
1. Each newly elected {component states} legislature shall, without
delay designate from among its membership 24 delegates to the
{common state} Parliament. To this effect, each group in a
{component state} legislature shall designate as many delegates as
corresponds to its proportional strength in the legislature.
2. The transitional parliament shall exercise the constitutional
functions and prerogatives of the {common state} Parliament during
the first year after entry into force of the Foundation Agreement in
accordance with the procedural provisions in this Constitution
regarding the Senate.
3. No later than ten calendar months after entry into force of the
Foundation Agreement, the senators and deputies shall be elected in
accordance with this Constitution. The newly elected Parliament
shall assume its functions one year after entry into force of the
Foundation Agreement.
Article 38 Transitional {common state} Head of State
1. For a transitional period of three years, the office of the Head
of State shall be vested in the Co-Presidency.
2. Upon entry into force of the Foundation Agreement, the leaders
who have signed the Comprehensive Settlement on behalf of the Greek
Cypriots and the Turkish Cypriots shall become Co-Presidents of
Cyprus. In case of resignation or permanent incapacity of either
leader, the Assembly of the relevant {component state} shall elect a
replacement.
3. The Co-Presidents shall alternate every calendar month in
representing the Co-Presidency as Head of State.
Article 39 Transitional {common state} government
The Co-Presidents shall exercise the executive power
during the first year of the transitional period in accordance with
the relevant provisions for the Presidential Council. They shall act
and decide by consensus.
2. The Co-Presidents shall name six Cypriot citizens to head the
departments of the {common state} government during the first year
of the transitional period. The heads of departments shall be
confirmed by Parliament through simple majority. They shall exercise
the functions of the executive, which the Co-Presidents shall
delegate to them, in accordance with the procedures provided for in
this Constitution for the Presidential Council.
3. One year after entry into force of the Foundation Agreement, the
newly elected Parliament shall elect a Council of Ministers composed
of six members. The provisions of this Constitution for the
Presidential Council shall apply mutatis mutandis to the election,
functioning and powers (other than those vested in the Head of
State) of the Council of Ministers.
4. During a second phase of the transitional period, the Council of
Ministers shall act as the Government of the {common state} of
Cyprus while the functions of Head of State shall continue to be
vested in the Co-Presidency.
5. Three years after entry into force of the Foundation Agreement,
the Council of Ministers shall become the Presidential Council in
accordance with the provisions of this Constitution, assuming also
the function of Head of State, for a remaining three years, during
which time the rotation period for the offices of President and
Vice-President shall be six months.
Article 40 Participation of [executive heads] of {component states}
in meetings of Presidential Council
During the first ten years after entry into force of the Foundation
Agreement, the [executive heads] of the {component states} shall be
invited to participate without a vote in meetings of the Council of
Ministers and, later, the Presidential Council.
Article 41 Entry into force of accession treaty to the European
Union
The referenda approving, together with the Foundation Agreement, the
conditions of accession of Cyprus to the European Union, shall
authorise and oblige the Co-Presidents to sign and ratify the Treaty
providing for the accession of Cyprus to the European Union.
Article 42 Appointment and initial term of office of Supreme Court
Judges
Within a week of entry into force of the Foundation Agreement, a
transitional Supreme Court of Cyprus shall be constituted in
accordance with the law. The Court shall exercise the powers
provided for the Supreme Court in the Constitution until the
regularly appointed Supreme Court takes office one year after entry
into force of the Foundation Agreement.
Article 43 Public Service
The Law shall specify implementation procedures and timeframes, not
exceeding [insert figure] years from the entry into force of the
Foundation Agreement, for the full implementation of the provisions
of this Constitution relating to the composition of the public
service for the different branches of that service.
Article 44 Responsibility for debts incurred prior to the entry into
force of the Foundation Agreement
The {common state} shall assume responsibility for debts incurred
prior to the entry into force of the Foundation Agreement other than
debts to Greece or Turkey or debts from purchase of armaments, which
shall be assumed by the relevant {component state}. Special majority
law may provide for reimbursement of the {common state} by the
{component states}.
Article 45 Teaching of official languages
The mandatory teaching of the official languages of the {common
state} to all secondary school students prescribed in Article 7(4)
shall commence no later than three years after entry into force of
the Foundation Agreement.
Article 46 State-owned property
Public property of the {common state} is listed in an attachment to
this Constitution. Other public property is the property of the
{component state} in which it is located.
Part VII: ADDITIONAL PROVISIONS
[insert further articles]
ATTACHMENT 1: MAP OF CYPRUS AND ITS {COMPONENT STATES}
[insert topographic map, indicating agreed {component state}
boundary]
ATTACHMENT 2: FLAG OF CYPRUS
[insert image of agreed flag]
ATTACHMENT 3: ANTHEM OF CYPRUS
[insert agreed anthem]
ATTACHMENT 4: PROPERTY OF THE {COMMON STATE}
[insert agreed list/description of property of {common state}]
DRAFT ANNEX II: CONSTITUTIONAL LAWS
The attachments of this Annex shall be Constitutional Laws upon
entry into force of the Foundation Agreement, able to be amended in
accordance with the Constitution.
ATTACHMENT 1: CONSTITUTIONAL LAW ON THE ELABORATION AND ADOPTION OF
CONSTITUTIONAL LAWS
[insert text]
ATTACHMENT 2: CONSTITUTIONAL LAW ON POLICE MATTERS AND THE JOINT
INVESTIGATION
AGENCY
Article 1 {component state} police
Each {component state} police may not number more than 700 police
personnel plus five police personnel per thousand {component state}
inhabitants. {component state} police may only carry weapons
appropriate for normal police civilian duties.
Article 2 Joint Investigation Agency
There shall be a Joint Investigation Agency comprising {common
state} and {component state} police personnel, hailing in equal
numbers from each {component state}, and reporting to the
Attorney-General of the {common state}. It shall combat terrorism,
drug trafficking, money laundering and organised crime. It shall
also investigate alleged violations of police duties by {common
state} or {component state} police, or of Article 6(3) and (4) of
the Constitution, upon request of any {common state} or {component
state} authority.
Article 3 Cooperation
The Joint Investigation Agency and the {common state} police shall
cooperate with each other and with the police of the {component
states} pursuant to the Cooperation Agreement on police matters
between the {common state} and the {component states}.
[insert further articles]
ATTACHMENT 3: CONSTITUTIONAL LAW ON INTERNAL {COMPONENT STATE}
CITIZENSHIP STATUS
Article 1 Internal {component state} citizenship status upon entry
into force of the Foundation Agreement
1. Upon entry into force of the Foundation Agreement, Cypriot
citizens shall automatically be afforded the internal {component
state} citizenship status of the {component state} which at that
time administers the territory where they reside.
2. Cypriots residing abroad shall be afforded the internal
{component state} citizenship status of the Greek Cypriot {component
state} if they or their forebears belonged to the Greek Cypriot
community before 1974, or the internal {component state} citizenship
status of the Turkish Cypriot {component state} if they or their
forebears belonged to the Turkish Cypriot community before 1974.
Article 2 Acquisition of internal {component state} citizenship
status
1. Persons acquiring Cypriot citizenship shall also acquire the
internal {component state} citizenship status of the {component
state} in which they reside, provided they have resided there for
seven years preceding their naturalisation. If this requirement is
not fulfilled, they shall acquire the internal {component state}
citizenship status of the {component state} in which they have
resided longer.
2. Any Cypriot citizen who has been resident in a {component state}
for any seven consecutive years shall be entitled to apply for the
internal {component state} citizenship status of that {component
state}.
Article 3 Exercise of political rights at the {component state}
level
A {component state} may restrict, within the limits of European
Union law and this Constitution, the exercise of political rights at
its level to persons holding its internal {component state}
citizenship status.
Article 4 Supreme Court injunctions on entry or residence
A {component state} may apply to the Supreme Court of Cyprus for an
injunction barring a person who does not hold its internal
{component state} citizenship status from entering or residing in
that {component state}. The Supreme Court shall grant the injunction
if the relevant person has been, or is actively engaged, in acts of
violence or incitement to violence and his/her presence in that
{component state} would be a danger to public safety or public
order.
Article 5 Permissible limitation on residency of non-Cypriots
The {component states} may, within the limits of international law,
European Union law and this Constitution, establish rules and
regulations on establishment of residence by non-Cypriots more
restrictive than those of the {common state}.
Article 6 Permissible limitation on residency of Cypriots
A {component state} may restrict the right to reside of Cypriot
citizens who do not hold its internal {component state} citizenship
status, if the number of such residents has reached one-third of the
total population of a municipality or village.
Article 7 Permissible transitional limitations on residency
1. Without prejudice to the provisions of the above Article,
{component states} may, during a transitional period of 20 years
after entry into force of the Foundation Agreement, further restrict
the establishment of residence, on a non-discriminatory basis, of
Cypriot citizens who do not hold the relevant internal {component
state} citizenship status, if the number of such residents has
reached a certain percentage of the total population of a
municipality or village; the relevant percentage shall be 1% for the
first year after entry into force of the Foundation Agreement, and
shall rise by 3% for each three year period thereafter.
2. Within the permissible limit, priority shall be given first to
persons to whom properties have been reinstated by order of the
Property Board, and their families; second to other persons who were
inhabitants of the relevant municipality or village before 1963 or
1974 respectively, and their families; and third to the heirs of
either category of persons.
3. There shall be no limitations for establishment of residence by
former inhabitants and their descendants in the Tillyria villages of
Amadhies/Gunebakan, Limnitis/Yesilyirmak, Selemani/Suleymaniye,
Xerovounos/Kurutepe and Agios Georgios/Madenlikoy, the Maronite
villages of Agia Marina/Gurpinar, Asomatos/Ozhan, Karpasha/Karpasa
and Kormakiti/Korucam, the Mesaoria villages of Pyla and [insert
other villages with more than 20% Turkish Cypriots in 1960 should
they fall within the area of territorial adjustment] and the Karpas
villages of Rizokarpaso/Dipkarpaz, Agialousa/Yeni Erenkoy, Agia
Trias/Sipahi, Melanarga/Adacay.
[insert further articles]
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