The report takes stock of developments with regard to the settlement of the Cyprus issue since the adoption of Assembly Resolution 1628 (2008) on the situation in Cyprus. Despite the positive expectations expressed therein, the situation has changed very little. Cyprus is one of the last countries in Europe, and the only one in the European Union, which remains divided.
The rapporteur believes that the Parliamentary Assembly, and the Council of Europe as a whole, have a role to play in facilitating a solution to the Cyprus problem. At the same time, he feels that the key messages and proposals contained in his previous report and in Resolution 1628 (2008) are still relevant today but are yet to be implemented.
Therefore, he sees no need for a new Assembly resolution at this point in time. All the actors involved should be encouraged to fully implement the aforementioned Assembly Resolution.
In order to provide the Assembly with the latest views of both the Greek and Turkish Cypriots, the rapporteur has included in his report written statements from both parties drafted under their responsibility.
“The Assembly is hopeful that, despite deep-rooted differences between the parties on a number of key issues to be negotiated, and the need to find difficult compromises and to secure their public support, the current situation offers the best opportunity in many years to reach a settlement. President Christofias and Mr Talat are conscious that they cannot afford to fail. All the internal and external actors involved must do their utmost to maximise the chances of success for this process.”
Developments on the Cyprus problem
In February 2013, Mr Nikos Anastasiades was elected President of the Republic of Cyprus. Among the primal goals of his government was the re-launching of negotiations for a solution to the Cyprus problem. For this prospect to be enhanced, President Anastasiades asked that the process be thoroughly prepared and that the two sides unequivocally commit themselves to the agreed basis foreseen in the United Nations Resolutions providing for a bi-zonal, bi-communal federation with political equality as defined in the said resolutions with a single sovereignty, single citizenship and single international personality.
An enhanced role of the European Union, of which Cyprus is a member, is also deemed to have an added value to the process and is therefore pursued. As per Protocol 10 of the Treaty of Accession, the acquis will be applied to the whole island following a solution to the Cyprus problem. Therefore the European Union's role is not only desirable but indispensable in securing proper implementation of the acquis and alignment of the Federal State with the principles and values upon which the Union is founded.
An important “game changer”, as a confidence-building measure (to proceed in parallel with efforts to resume the talks for a comprehensive solution), is also envisaged through President Anastasiades' package proposal for the return of the fenced city of Famagusta to its lawful inhabitants as per Security Council Resolution 550 (1984), in return for the opening of the port of Famagusta under Protocol 10 and the opening of a number of Turkey's accession negotiation chapters, provided that Turkey implements fully and on a non-discriminatory basis the Additional Protocol to the Association Agreement with the European Union.
The appointment of the respective negotiators upon initiative of the Greek Cypriot side has also opened the way for direct communication with Turkey and Greece respectively and contacts in this regard are ensued. At this time efforts are ongoing between the two negotiators for a joint communiqué that will kick-start the process. Our position is that such a communiqué would serve its purpose only if it testifies clear and unequivocal confirmation of the basis of the talks as per the relevant United Nations resolutions as well as the will of the two communities for an agreed solution in line with the principle that nothing is agreed until everything is agreed, which will eventually be put to the people's verdict in separate simultaneous referenda.
As stated in the memorandum sent by the Head of the Cyprus Delegation to the Parliamentary Assembly, steady progress was achieved on some negotiating chapters (Governance and Power Sharing, Economy, EU Matters), and minor steps were recorded on the chapters of Property and Citizenship, prior to the interruption of negotiations by the Turkish Cypriot side. It would be important that such a distinction be made because, as also recorded by the United Nations, no real progress had been made on the chapters of Property and Citizenship. The Information report is referring to the talks conducted during the period of 2010-2012. However, the reason for the deadlock recorded in March 2012 must be clearly stated, being none other than Mr Eroğlu's unilateral decision to abandon the negotiating table, after his unwillingness at the outset to reaffirm and respect the agreed basis of the talks and later to adhere to the acquis (convergences) of the negotiations conducted between the Greek Cypriot leader and Mr Eroğlu's predecessor, Mr Talat, on the pretext of the upcoming Cyprus Presidency of the Council of the Union. This was actually the peak of a series of threatening statements by Mr Eroğlu against the sovereign rights of the Republic of Cyprus in its Exclusive Economic Zone and against the Cyprus Presidency.
It is also important that, whenever a reference is made to the basis of the talks in accordance with the relevant United Nations Security Council resolutions, the basis be explicitly recorded as agreed between the two communities, namely a bi-zonal, bi-communal federation, with political equality as defined in pertinent United Nations resolutions, with a single sovereignty, single citizenship and single international personality.
Furthermore and in relation to a reference made in the report, according to Turkish Cypriot allegations, to the effect that the Turkish Cypriot side is prepared to start talks without preconditions thus giving the impression of eagerness and willingness on behalf of Mr Eroğlu to immediately begin negotiations, it must be underlined that this is quite misleading, as in effect Mr Eroğlu is, on the one hand, hindering the agreement to a joint declaration which will form the agreed basis of the talks and eventually of the solution and, on the other hand, propagating the start of the talks without an agreed basis in order to be able to promote separatist positions that fall outside the agreed framework as this was endorsed by the United Nations.
The reference in the report that “At times, one may wonder whether the Cypriots want to reunite their island at all”, creates a negative climate at a time when efforts are being exerted for resumption of the talks. Although efforts, for decades now, have not produced tangible results, this was mainly due to Turkey's intransigent attitude or because proposed solutions did not address crucial matters of concern to the Cyprus people, for a settlement to be just and viable.
Last but not least and although there is a clear reference in the present information report to the previous Resolution 1628 (2008) on the situation in Cyprus, it would be important if a specific mention of the continuing Turkish occupation of the northern part of Cyprus and the intransigent attitude of Turkey towards finding a solution to the ongoing Cyprus problem were made; especially since some specific references in the report might be perceived as acquitting the occupying power, Turkey, of its primary responsibility for a solution and for withdrawing its troops and settlers from Cyprus.
The United Nations prepared a 77-page convergence paper which incorporates all convergences and near-convergences achieved so far between the two sides.
In addition to the United Nations document, there are also several agreements reached by the two leaders, which should also be endorsed and respected.
The Turkish Cypriot side has expressed its endorsement of the United Nations document, as well as the past agreements and its readiness to build on them with a view to resolving the remaining outstanding issues. Most notable in this context is the agreement between the two sides dated 23 May 2008 – as elaborated below – which has been approved by the United Nations Security Council as providing the basis of the talks.
The Greek Cypriot side should also be expected to endorse the UN document and the past agreements so that talks can be resumed immediately and from where they were left off.
The talks have been going on for decades and this anomaly cannot be allowed to continue forever. That is why talks should be conducted with a clear time frame. Such an approach will not only encourage parties to engage the process constructively but also send a strong signal to Turkish Cypriots and Greek Cypriots that this is not yet another endless process.
The UN Secretary General Ban Ki-moon underlined in September 2013 that the United Nations will make “a one final push” for the settlement of the Cyprus question. It is a clear signal that the time, energy and resources of the international community are desperately needed in many other conflict zones and the Cyprus issue may not be able to find the assistance and support of the international community in the near future.
Contrary to the justified expectation of the Turkish Cypriot side for the negotiations to resume in the shortest possible time, Mr Anastasiades instead opted not to make a statement regarding the date of resumption of talks and started to set preconditions. These preconditions included the issuing of a Joint Statement by the two sides which would establish the basis of the negotiation process and also the issue of Maraş (Varosha).
Following more than four decades of negotiations, the main parameters of a settlement are well-established and known to all concerned. There shall be a new partnership based on political equality and bi-zonality, with a federal government and two Constituent States of equal status as agreed in the 23 May 2008 joint statement. The Treaties of Guarantee and Alliance shall remain in force and the settlement shall become European Union primary law for legal certainty and sustained stability.
The Greek Cypriot leadership has been demanding a Joint Statement to be agreed on before negotiations could resume. The Joint Statement had been turned into a precondition for the resumption of talks. The Greek Cypriot side demanded that this text should define concepts of sovereignty, international personality and citizenship with the word “single”. They argue that unless and until this demand is met, they cannot come to the negotiation table. As a complementary proposal, the Turkish Cypriot side demanded that concepts of residual power, constituent states and internal citizenship be also included in the Joint Statement.
To avoid further delaying the resumption of negotiations and to overcome the impasse, in December 2013, the Turkish Cypriot side worked on a United Nations draft proposal and used that to table a bridging draft text incorporating all these elements. Unfortunately and to the astonishment of United Nations and other foreign observers, the draft text was rejected by the Greek Cypriot side. The rejection by the Greek Cypriots revealed that the problem was not the content of the statement but the absence of political will to resume negotiations.
What is now required is not extensive further work on the joint statement. A draft joint statement which addresses all the elements asked for by both parties does exist. The remaining differences are minor, agreement is very close and within reach. Political will, leadership and commitment to the process are the keys to unlocking the current deadlock.
We expect all members of the international community to encourage the Greek Cypriot side to overcome its hesitations, focus on the process and grasp the potential political and economic returns of the solution of the Cyprus problem.
No preconditions should be put forward. There is no need for any preconditions as the UN parameters and in particular the 77-page UN document is not only a strong basis but it also provides the framework and defines the basic tenets of the solution. Thus preconditions will only hamper the process.
The United Nations, the European Union and the entire international community agree that a serious process can deliver a solution to the Cyprus problem within months. This opportunity should not be wasted.
Turkish Cypriots cannot be left at the mercy of an endless process where every single issue has been negotiated to the point of tautology for decades. That is to say, everyone should realise that this is indeed the final chance to solve the Cyprus problem as there is nothing new to negotiate.
As for Maraş, it must be borne in mind that the issue of Maraş is part of a comprehensive settlement. Maraş means territory and the issue of Maraş can be discussed under territorial adjustments which is one of the six headings at the negotiating table.