Cyprus İssue and Treaties Between Two Countries

Turkish and Greek Problems: Cyprus İssue and Treaties Between Two Countries

WHAT ARE THE IMPACTS OF AGREEMENTS RELATED TO CYPRUS BETWEEN TURKEY AND GREECE ON THE TWO COUNTRIES AND THE LEGAL STATUS PROVİDED BY THE AGGREEMENTS?

TOPIC: The impacts of agreements made as a result of the issue between the two countries on the two countries will be examined.

HISTORICAL BACKGROUND: With the conquest of Cyprus by the Ottoman Empire, the Turkish sovereignty over the island was legally established as of 1571. During the conquest of Cyprus, Turkish forces did not act hostile against the indigenous people and also they treated Turks as rescuers. Turkish rule gave people living on the island religious freedom and independence. Therefore, the arrival of Turks mostly made Orthodox people happy. In addition, due to the fact that the Ottoman Empire allowed all nations the principle of freedom and autonomy in education, Cyprus gained a great deal of liberty in education of its Christian people. However, unfortunately, Cyprus used this in order to maintain Ancient Greek tradition. With the conquest of island by the Ottoman Empire, imperialism based upon justice and equality started to rule over the island. All agencies in the Ottoman Empire started to spread into Cyprus, too. The Ottoman’s traditional “Millet System” policy which offered a solution for all manner of non-Muslims’ problems by way of religious, military, financial, and governmental privileges was implemented in Cyprus.
This system formed and the opportunities provided in Cyprus were responded positively by the people on the island and an important resistance to government on the island was not happened till at the beginning of the 19th century. In parallel with the period of general stagnation and regression of the Ottoman Empire, the system formed in Cyprus started to be influenced. With the rise of Greek nationalism, the established system started to be destroyed. These developments and changes caused to occurrence of the events against the government. Especially breaking out of Greek rebellion in Mora sparked of perturbation on the island. This rebellion was pioneered by Greek bourgeoisie and Orthodox Church because Church started to have a crucial authority and jurisdiction on events and people. In parallel to Greek Revolt in 1821, Cyprus Orthodox Church provoked the Greeks on the island into starting the event, which was regarded as the first event against the Turkish government in Cyprus in order to bring some part of “Great Design” to pass. This uprising was suppressed by being seized of ringleader archbishop and other prominent people of the Church. This was the most important revolt, which brought the Ottoman government into discredit. Moreover, the Ottoman government granted Christians in Cyprus a right to acquire Greek citizenship in 1831, after Greece gained its independence. With this right, particularly the Church, the powerful Christian constituents on the island started to be identified with Greece which had no objectives of foreign policy exception to aim to expand in the Ottoman’s land. This decision and its outcomes are a very important development by means of the future of Cyprus. The period of the rapid decline in Ottoman Empire in 19 th century came up with military failure and in turn, the Ottoman Empire lost the war starting at 1887 between the Ottoman and Russia. The Ottoman Empire, which was stuck in a difficult situation, temporarily transferred to British administration of Cyprus against Russian threat with secret defense agreement called “Cyprus Convention” on 4 June 1978. On 1 July 1878, in addition to convention on 4 June, a new agreement was entered. According to a secret additional agreement, the island, which was leased to England for ninety-two thousand gold, would be given back to the Ottoman Empire in the case that Russian retreated from Kars, Ardahan, and Batum.

CYPRUS ISSUE: On 5 November 1914 England unilaterally annexed Cyprus by giving justification of emergence of the First World War and this annexation was accepted by Turkey with Lausanne Agreement on 24 July 1923. With Lausanne Agreement, Turkish Cypriots were asked to give preference between Turkish citizenship and English citizenship by using their right of option. Those who preferred Turkish citizenship started to migrate to Turkey and this migration continued till 1940s. Thus, Turk population on the island substantially decreased as compared to Greeks. After English had a voice in Cyprus, they usually took side with Greeks in the government of the island and tried to detract Turkish administration from the island. Conversely, Greeks and Orthodox Church continually developed owing to the indulgence of England. Despite the unfairness, Turks tried to keep their presence on the island and stood out against all kinds of attempts by Greeks and Greek Cypriots for annexation of Cyprus. The most important factor to determine the relationship between Turkish and Greek Cypriots was the dream of “Enosis”. With the English administration, the efforts for annexation of Cyprus by Greece were increased and Greece set up committees so as to achieve its goal. Enosis is considered as the idea of connection of Cyprus with Greece within the frame of “Great Design”. The Greeks, who demanded to be left Cyprus for Greece in the course of the Second World War overruled a claim for the preparation of constitution and declared that they would not accept any proposal not including “Enosis”. With expiring the Second World War, activities related to Enosis in Greece accelerated with Greeks’ support. On 28 February 1947 Greek Parliament, by unanimous vote, made a decision on the notion that Greece annexed Cyprus. On condition that the island was granted to them, Greece Government explained that the United States and England could constitute military bases on the island. On 21 November 1947, Greeks applied for the United Nations in the direction of Enosis. Greek initiatives made the condition of Turks on the island worse. Turkish Cypriots held two big public demonstrations in Cyprus in order to protest the developments and ensure the return of the island to Turkey. In conjunction with the election of Makarios as an archbishop, the clamor for Enosis had increased in Greece and Cyprus. Greek Government escalated the Cyprus issue to the United Nations in 1954. This event increased the tension on the island and the outburst of Greeks. The United Nations accepted to discuss the Cyprus issue in the General Assembly. Turkish Government gave a severe reaction to these developments and announced that the island would not be given to Greece. Finally, the United Nations General Assembly also declined the Greece’s “self-determination” offer. After this development, the acts of terror organization E.O.K.A32 who supported Enosis came into sight in Cyprus. In response to Greeks’ “Enosis” arguments and attempts, Turkish Cypriots suggested “taksim” argument. In return for Greece behind the Greeks on the island, Turkey behind Turkish Cypriots started to emerge. After the Second World War, England made an effort to form an autonomous government on the island by giving up the idea of authoritarianism in Cyprus. With this purpose, in 1947 the Lord Winster Plan; in 1948 the Jackson Plan; in 1955 I. Mac Millan Plan; in 1955 the Radcliff Plan; in 1958 II. Mac Millan Plan and in 1958 Spaak Plan were successively prepared. The commonality of these plans were that they were prepared with the purpose of the maintenance of English sovereignty in Cyprus. These plans were rejected by Greeks on the grounds that they did not reflect the Enosis ideal. The problem among Turkey, Greece, and England became formidable. Greeks were in the pursuit of Enosis; Turks could not accept this; and England wanted to protect its strategic benefit on the island. The mutual solution which would satisfy the three parties and two communities on the island was so difficult. The first conference among the three parties was conducted in 1955, in London. While Turkey argued with self-determination for the two communities on the island separately, Greece demanded for the mutual self-determination for all communities on the island. The Greece argument was the door to Enosis because of the majority of Greeks. Therefore, in London, the result could not be obtained. As a result of all developments and prevalence of Turk-Greek conflict on the island, the steps were taken and by drawing the parties together, the Zürich and London Agreements were respectively entered into on 11 February 1959 and 19 February 1959. With the reconciliation on the basis of Independence, the commonality of two communities, and agreed construction warranted by Turkey, England, and Greece, the establishment of the Republic of Cyrus was decided. On 16 August 1960 with the entry of the Constitution of Cyprus into force, the Republic of Cyprus was officially established.

AGREEMENTS: A fight against Enosis put up by Turkish Cypriots was the most important factor that prevented from Cyprus connecting with Greece and provided the establishment of Republic of Independent Cyprus. The fact that Turkish people had a claim for self-determination in any way against Greeks’ demands for Enosis extinguished the possibility of a unilateral actualization of Enosis. As a result of the beginning of conflict between two communities, the notion of the independence of the island showed up as the midway against Enosis defended by Greeks and Taksim defended by Turks. After this notion adopted by England, Greece, Turkey and the United States, the Zürich and London Agreements were respectively entered into on 11 February 1959 and 19 February 1959. In addition to England, Turkey, and Greece, both communities on the island entered into the agreement as two cofounder at equal status. Therefore, Cyprus was born as Republic with two communities and in condominium of two communities.

ZURIH AND LONDRA TREATIES
The foreign ministers of Turkey, Britain and Greece have agreed to enter into negotiations for the solution of the Cyprus problem through diplomatic channels after NATO Council of Ministers meeting on December 18, 1958.

As a result of the interviews, Turkey and Greece's prime minister and foreign ministers met in Zurich on 5 February 1959, and they came to an agreement on the principles for which the international status and constitution of Cyprus, then the Zurich Agreement has signed on February 11, 1959. Zurich Treaty consists of "The Convention on the Basic Structure of the Constitution of the Republic of Cyprus", "Alliance Agreement" and "Guarantee Agreement". However the nature of this treaty does not create legal effects and consequences because England did not the sign. Due to this treaty giving independence to the people of the island of Cyprus and the UK had to be submitted this treaty to the representatives of the two communities. So both parties met in London to discuss the preliminary conditions of the agreement which was was signed on February 19, 1959. As a result of the discussions three commissions Treaties were established to gain the qualification of applications. Consisting of representatives of the two communities and Greek representatives a commission came to draw up a constitution; the mixed commission composed of representatives of Britain, Turkey were assigned to write the text of the treaty that reflects the principles of the Treaty of London. Because Cyprus Government has not found yet London Treaties which were treaties Turkish Cypriot and Greek Cypriot leaders could only give statements was the name again as "Nicosia Treaties" as a whole when the date of signed again by Turkey, England and Greece. The Republic of Cyprus was announced on August 16, 1960. An independent state in Cyprus has created with this treaty. The Republic of Cyprus has a special structure in terms of sovereignty and guarantee rights. This structure closed the roads to "Enosis" and "division".

State of Cyprus was born as a result of claiming their rights on the islandthe settlement of two communities on the island who demands of living on the island over an international dimension. State of Cyprus was established based on equality and existence of the two communities. Treaty of 1960 has always been presented as a victory by the nature of Turkish Foreign Ministry. Because the island is prevented the danger of Greek intervention and also UK's sovereignty is terminated over island. As in the press statement of Fatin Rustu Zorlu told at the London airport, " Zurich conference was resulted in a good treaty. This is a treaty which is in favor of all three parties and also in favor of Cyprus" has said.

THE CONTEXT OF TREATY AND LEGAL STRUCTURE:
Agreements with the basic structure of the Constitution of the Republic of Cyprus:
The basic substance of the Constitutional Treaty, as determined by Zurich, is based on the merits of the equality and cooperation of two communities. The two communities on the island have been the two founding partners with the equal status. According to the Zurich and London agreements; The State of Cyprus is a republic with a presidential regime. The President of Republic will be Greek and a Turkish Prime Minister will assist it. Executive power belongs to the president and vice president. The Council of Ministers Turks will consist of 7 Greeks and 3 Turkish members. One of the Ministries out of Foreign Affairs Finance or the Ministry of Defence will always be given to a Turkish. Both of the communities will elect their presidents and their vice-presidents. Legislative power belongs to the House of Representatives and House of Representatives consists of 70% of Greeks and 30% the Turkish members. This council is authorized in all matters except the jurisdiction of the community councils. In Parliament, the decision taken by a majority of the members present; but on important issues vote of the Turkish members would be required seperately. President and vice president will have the right to individual or collective veto in foreign affairs, defense and security issues except for international organizations, alliances and pacts that the state join as Republic of Cyprus. The important point here, the President and the other members of the House of Representatives are elected by members of their communities. Thus, the Greek Cypriot is not given the right of vote for their own authorities. Both communities will have Community Assembly to look at their own internal affairs. Congregation councils are elected among the members of the Turkish and Greek Cypriot communities. Congregation assemblies has the legislative power to set for their own community members provided that in religious matters, in the education matters, the person status and the formation of the court that handle cases with issues related their community members, for controlling their municipalities and personal tax imposition. Also, President and the vice president has no veto power for the issues of parliament accepted as law. They only has the right to return and help, not only. The right to form separate municipalities will be given to Turkish society for the five large cities. Turkish and Greek will be the official language. Official documents will be prepared and will be published in both languages. A flag with a neutral color and shape will represent the Republic of Cyprus. Both homelands can provide educational and cultural financial assistance to their communities. According to Article 19, a land, which was expropriated by agrarian reform, can only be distributed to society members of the expropriated property belonging to. According to basics of Treaty the new state will also take place on the guarantee and alliance treaties in the constitution, enosis and partition will be banned and whatever the subject of treaty made with Britain, Greece and Turkey, in every treaty new state was organized to recognize the right to be "most favoured nation". According to Article 26 of the Treaty, the new state will be established within 3 months from the signing of the treaty. Moreover, the provisions of this agreement shall be accepted as the basic articles of the Cyprus Constitution.

AGREEMENT REGARDING THE ESTABLISHMENT OF THE REPUBLIC OF CYPRUS:
Treaty was signed between Greece, Cyprus, Turkey, and the UK. Article 1 draws the borders of the Republic of Cyprus. According to this; the island of Cyprus consists of Akrotiri (Agrate), the Dhekelia Sovereign Base Area (Dhekelia) and other islands in the coast except Sovereign Base Area. By this agreement, the State of Cyprus commits an obligation to make full cooperation with England to ensure effective functioning and the security of military bases. In addition, all parties of this treaty obliged to cooperate in the defense of Cyprus together. English bases located in Cyprus were recorded as under the control of England with this agreement. Cyprus has been registered to stay in the UK's sovereignty and the Cyprus Government has stipulated that England's successor with this agreement.

GUARANTEE TREATY:
The Treaty of Guarantee was signed between the Republic of Cyprus and Turkey, Greece and the UK. This treaty is the most important element of the solution to the Cyprus problem and confirmed the international nature of the basic articles of the Cyprus Constitution. The main purpose of the Treaty is to prevent the unification of Cyprus with any other State. Parties have agreed as a condition of their common interests, established the basic matters of the Cyprus Constitution such that territorial integrity, independence, and security. Moreover, they declared that they want to cooperate to ensure compliance with the order established by the Constitution.

According to Article 1 of the Treaty of Guarantee; The Republic of Cyprus is committed that any political or economic integration of the country (both whole or partially) with any state is impossible. In this regard, law prohibits partition of the island or all kinds of movements that encourage directly or indirectly with any other State. Thus integration of the Greek island with Turkey, Greece or the EU does not possible. According to Article 4 of the Treaty; firstly three guarantor states are responsible to consult with each other in order to comply with treaty provisions, necessary undertakings on measures and required obligations. If there is no opportunity to act together or in an agreement, each the three states reserves the right to take action that to preserve the established order as they guaranteed in the agreement. Accordingly, after the fulfillment of the obligation to consult, each state can act by its own judgment and will. However, this right of take action is limited by restoring the order established by the treaty. As it can be seen, the 1974 Peace Operation of Turkey has been made on the basis of Article 4 of the right given to the country. For this reason, the 1974 Peace Operation is an action of using a right arising out of an international agreement and is the fulfillment of the responsibilities imposed by the agreement.

TREATY OF ALLIANCE:
Treaty of alliance was signed between Turkey, Greece and the Republic of Cyprus. England was not a party to this agreement. The Treaty of Alliance foresees a collective cooperation to protect the independence and territorial integrity of Cyprus, to ensure the parties' joint defense as a complementary item of Guarantee treaty.

TURKEY'S INTERVENTION IN 1974:
There was coup staged against President Makarios in 1974by Colonels Junta who seized power in Greece in 1967 to connect the island to governing of Greece. Following the coup, Nikos Sampson came to the power on 15 July 1974. Since it means connecting the island to the rule of Greece Turkey intervened the island on 20th of July 1974 as a requirement of the agreement, which puts basis of establishing the rights of guarantee the unity Republic of Cyprus. Turkish troops have seized Kyrenia on 22th of July, but in the same evening the regarding the cease-fire decision of UN Security Council Turkey stopped their progress on the island. The Nicosia-Kyrenia line was combined during this period. Following this intervention, the Greek junta and Sampson's term has ended, instead Klerides came to the power. Because there were a brutal massacre against the Turkish people who lives on the island, Turkey's interventions were carried out purely for defense and peaceful targets. Turkey's intervention was considered as a result of the Treaty in the 1st Conference of Foreign Ministers in Geneva that Turkey, Britain and Greece participated between 25-30th of June. The private Turkish Cypriot Administration and the existence of the Turkish Armed Forces in Cyprus has recognized and accepted in this conference.  The conference has resulted in the adoption of a large portion of Turkey's requests and there was an agreement signed by parties in the evening of July 30, 1974 at the end of the conference. The three countries signed the protocol. The protocol states that Treaty of London and Zurich is still on force. Turkey has worked to protect the life and property of Turks on the island, also Turkey prevented complete domination of Greek Cypriots over Cyprus. Moreover Turkey has resisted the Greek presence in Cyprus and Turkey has been tried to promote country in the international arena as an independent state since 1950. Talat-Papadopoulos meeting was realized in 2007 however the result was not so much satisfactory. When Christofias came to presidency in February 2008 the search for solution has accelerated on the island. Talat-Christofias meeting took place in this context; the removal of the ¨Lokmacı barricade¨ was decided. As a result of negotiations, it was decided the establishment of working groups and technical committees consisting of representatives of the two leaders. The full-fledged negotiations for a solution has been agreed to launch on July 25. April Dervis Eroglu who elected as president of Northern Cyprus expressed their support for Mehmet Ali Talat regarding the comprehensive negotiations. all the efforts have been unsuccessful at the end of talks with Christofias. It has been shown to there is no difference between one leader than another. Dervis Eroglu won the presidency after the elections made on April 18, 2010. Eroglu sent a letter to UN Secretary General Ban Ki Moon and stated that they were ready to continue from where it left the negotiations regarding the explanations of both Mehmet Ali Talat and Christofias dated May 23, 2008 and added that they are still connected to the common efforts to full-fledged negotiations. There were many unsuccessful negotiations conducted. In February 2011, the trade unions organized a public meeting on the island and an ugly banner was opened against Turkey in this event. Since Prime Minister Erdogan expressed his uneasiness harshly regarding the incident "supply crisis" has led to outbreak. A huge project has started on October 2012 in order to carry drinking water from Turkey to Northern Cyprus and to meet the need for irrigation. The aim of this project is to strengthen the connection of Northern Cyprus to Turkey and also remind the existence of Turkey towards Greek Cypriots. The government has changed its hands several times in Greece during the 11 years of the AKP government in power. Turkey has brought a change in policy on Cyprus with the change of political power in Turkey in 2002., The Cyprus problem has been kind of transferred to EU starting from this year. Therefore, Greece did not made very harsh statements about the island after this period.

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