Annan plan for Cyprus settlement - Part 1

Annan plan for Cyprus settlement - Full text
Nicosia, Nov 13


BASIS FOR AGREEMENT
ON A COMPREHENSIVE SETTLEMENT OF THE CYPRUS PROBLEM


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: 7FOUNDATION AGREEMENT 7

Draft Annex I: Constitution of Cyprus 16
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

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
Attachment 3: Constitutional Law on internal {component state} citizenship status 44

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
Attachment 3: Law on conduct of European Union relations 50
Attachment 4: Law on Cypriot citizenship 51
Attachment 5: Law on aliens, immigration and asylum 54
Attachment 6: Law on the Central Bank 56
Attachment 7: Law on {common state} taxation and finances 57
Attachment 8: Law on {common state} 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
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 75
Attachment 1: Cooperation Agreement on external relations 76
Attachment 2: Cooperation Agreement on European Union relations 77
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
Attachment 1: Map of territorial adjustment 85

Draft Annex VII: Treatment of Property affected by Events
since 1963 86
Attachment 1: Definitions 95
Attachment 2: The Cyprus Property Board and compensation
arrangements 98
Attachment 3: Measures in favour of current users 109
Attachment 4: Property located in areas subject to territorial
adjustement 112

Draft Annex VIII: Reconciliation Commission 114

Draft Annex IX: Coming into Being of the New State of Affairs 117

Draft Annex X: Calendar of Implementation 119

APPENDIX B: MEASURES TO ACCOMPANY AND FACILITATE THE
FINALIZATION PROCESS 120

APPENDIX C: TREATY BETWEEN CYPRUS, GREECE, TURKEY AND
THE UNITED KINGDOM ON MATTERS RELATED TO THE NEW STATE
OF AFFAIRS IN CYPRUS 123
Draft Annex I: Foundation Agreement 125
Draft Annex II: Additional Protocol to the Treaty of Guarantee 126
Draft Annex III: Additional Protocol to the Treaty of Alliance 127
Attachment 1: composition, equipment, locations and activities
of Greek and Turkish Contingents 129
Draft Annex IV: Transitional Security Arrangements 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
Paragraph requested to be included in the conclusions of the
Copenhagen European Council 138




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 Erenköy, Agia Trias/Sipahi, Melanarga/Adacay, and Maronites residing in the villages of Agia Marina/Gurpinar, Asomatos/Özhan, Karpasha/Karpasa and Kormakiti/Koruçam, and Turkish Cypriots residing in the Tillyria villages of Amadhies/Gunebakan, Limnitis/Yesilyirmak, Selemani/Suleymaniye, Xerovounos/Kurutepe and Agios Georgios/Madenliköy, 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-à-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]