Turkish Republic of Northern Cyprus (TRNC): A Conflict Resolution

Mehmood Ul Hassan Khan

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Turkish Republic of Northern Cyprus (TRNC) has been labeled as grave yard of international as well as diplomacy due to many complicated socio-economic, geo-political and geo-strategic reasons. TRNC has also been remained unfinished agenda of European Union (EU). Its solution is still a far cry. But hopes have been again recharged after recently held Presidential Elections in the TRNC.

Cyprus: Still an ongoing Conflict

The Cyprus dispute is still an ongoing conflict between the Greek Cypriots and the Turkish Cypriots. Since 1974, when the violence started, the green line separated the two areas on the island. Till today, over 100 negotiations have been presented to Greek and Turkish Cypriots in hopes of coming to an agreement, but every time one is proposed, one of the sides refuses the deal. The Cyprus dispute is still, to this day, unresolved.

Struggle of TRNC

It has been struggle against communal domination since 1950. It has been struggle against political domination and cultural & ethnic discrimination of the Greek and Greek Cypriot since 1964. It has been denial of equal rights and just sharing in the system and governance. Ultimately, it has been firm resolve of Turkish Cypriot’s people, societies/communities to stand against all Greek state meekness. Siege and sanctions could not produce any dint in the inspirations of enclaved people of TRNC. Now they are more focused and resolved.

Multidimensional

Conflict of Cyprus has many dimensions. During 1950’s in the Cyprus, Turkish and Greek bilateral relations remained on the high tensions. Subsequently, two sides and their respective societies/communities took different positions in the Law of UN. First of all, two sides acquired the equivalent status on the UN, and later the Greek society obtained more advantage against the Turkish society, through political manipulations, Turkish society status was shifted as secondary.

Role of UN

Turkish Cypriot’s status took its last shape in the UN frame by the wrong written declaration of freedom of the NCRT and this phase still maintained the status of Turkish Cypriot in the UN’s Law. It was against all practices of international law and established techniques and strategies of modern “conflict resolution” discipline. Moreover, UNSC’s recommendations (541 & 550) were also not welcomed due to its basic flaws and functionalities.

Constitutional System

Declaring its independence from the British colonial rule in 1960, the Republic of Cyprus had a constitutional system based on the political equality of Turks and Greeks. The issue acquired a new dimension when Greek Cypriots expelled Turks from the political and governance system by violating their constitutional rights.

1964-74

During 1964-74, the Greek Cypriot administration forced Turks to migrate from the island through oppressive policies, and started preparations to unite Cyprus with Greece.

Coup d’état of Nikos Sampson

The coup d’état of Nikos Sampson aiming to unite Cyprus with Greece was the first major step towards the domination of Greece. Turkey made a military intervention in the island under her title of ‘guarantor state’ indicated in the constitution of Cyprus. Thus, Turkey secured the lives of Turkish Cypriots. In addition, the intervention of Turkey in Cyprus resulted in the association of the existence of Turkish community with a territory there. After 1974, Turkish Cypriots made up majority in a part of the island for the first time.

Indifferent Position of EU

The European Economic Community (EEC) now European Union (EU) took indifferent position on violation of the constitutional rights of Turkish Cypriots between1964-74. The Turkish Federated State of Cyprus was declared in 1975 which was not approved by Greek Cypriots as a co-partner, Turkish Cypriots declared the Turkish Republic of Northern Cyprus (TRNC) in 1983 based on self-determination. TRNC has continued its existence so far by gaining more and more strength. Although the solution plan suggested by the UN Secretary-General Kofi Annan in 2004 was approved by the Turkish Cypriots, it was rejected by Greek Cypriots. Annan Plan showed to the world that the party not desiring solution in Cyprus issue was the Greeks, but not the Turks.

Annan Plan 2004

Negotiations for a final solution to the Cyprus issue appeared to take a dramatic and positive step forward when on November 11, 2002, then U.N. Secretary-General Kofi Annan presented a draft of “The Basis for Agreement on a Comprehensive Settlement of the Cyprus Problem,” commonly referred to as the Annan Plan. The plan called for, among many provisions, a “common state” government with a single international legal personality that would participate in foreign and European Union relations. Two politically equal component states would address much of the daily responsibilities of government in their respective communities. The Annan Plan was a comprehensive approach and of necessity addressed highly controversial issues for both sides. On April 24, 2004 the hope to resolve the issue of Cyprus was dashed as 76 percent of Greek Cypriot voters rejected the plan, while 65 percent of Turkish Cypriot voters accepted it.

Greek Cypriots Thinking

Ironically, Greek Cypriots do not consider Turkish Cypriots as equal partners to themselves, and do not want to share the state of Cyprus with the Turks. The wish of Greek Cypriots is for Turkish Cypriots to be contended with minority rights alone, and give up the idea of co-partnership which is still not acceptable to TRNC. Even newly elected President of TRNC clearly demonstrated the will to live with dignity having equal rights.

Turkish Cypriots

Turkish Cypriots want to enjoy the title of equal community granted by the 1960 constitution to them. They consider themselves politically equal to Greek Cypriots, and reject to be defined as minority. Turkish Cypriots gained a territory-based sovereignty, besides communal equality in the post-1974 era. Now, Turkish Cypriots propose a federative solution in which Northern Cyprus has a broad autonomy in addition to communal equality with Greek Cypriots. Thus, no peace proposal will be realistic in the post-1974 era, unless it takes into consideration the fact that Turkish Cypriots have founded their own state in the Northern Cyprus.

Unjust Verdict of the Court of Justice of the EU

The role of European Union in the resolution of Cyprus has been remained unfriendly and negative. Moreover, the Court of Justice of the EU preferred to punish Turkish Cypriots without any valid and reasonable ground by imposing an embargo on the Northern Cyprus origin products in 1994. In 2004, Southern Cyprus was accepted as a member to the EU though it rejected the Annan Plan. In this way, EU fully supported the theses of the Greek Cypriots rejecting to consider Turkish Cypriots as an equal community.

Launch four-party Talks

ItGovernment of Pakistan

The government of Pakistan has been true supporter and friend of TRNC. Pakistan was among the first countries that showed willingness to recognize the Turkish Republic of Northern Cyprus. Turkish Cypriot people have great love and affection for Pakistani people, which is growing with the each passing day.

TRNC and Pakistan enjoy deep rooted brotherly bilateral relations since the commencement of the relations. Pakistan shares many historical and religious commonalities with TRNC. TRNC is a historical and enriched in cultural connections and resource rich country located with a significant potential in the field of economy and human resource.

Pakistan has always stood with TRNC government and its people in every international forum. Pakistan wants a quick and just solution of TRNC.

Concluding Remarks

TRNC wants a settlement that respects democratic principles, human rights, fundamental freedoms, respecting different cultures and ethnicities, respecting both sides and that Cyprus is aligned with the European Union in the future. The settlement may be based on a bi-communal, bi-zonal federation with political equality. The TRNC is doing whatever necessary to work on a new partnership based on a two-state solution and political equality.

TRNC has proposed to the Greek side that they should sit on the negotiating table without the joint statement in order to seek a solution but their proposal have not been entertained by the Greek side. Annan Plan was rejected by the Greek Cypriot side by saying no to referendum held in 2004 under the aegis of the United Nations.

The Mediterranean Island of Cyprus has suffered a long history of foreign domination, violence and civil strife. Now it is the high time to resolve this issue according to the ground realities beyond the realms of power-politics and wishes of imperialistic forces. The will of people of TRNC must be supreme.

4 Comments

  1. Alexy Flemming

    Thanks for the support of our Pakistani Muslim friends. Turkish Republic of Northern Cyprus has progressed in its just cause in recent years:

    …….1. THE LAWS OF NORTHERN CYPRUS ARE ACCEPTED IN EUROPE:……….
    (Northern Cyprus :=: Turkish Republic of Northern Cyprus)

    Not only the “TRNC Immovable Property Commission (and its related laws)” but also “ALL THE LAWS OF TURKISH REPUBLIC OF NORTHERN CYPRUS” WAS ACCEPTED ON BEHALF OF EUROPE (European Court of Human Rights; ECtHR).
    ECtHR Decision 02.07.2013, App. nos. 9130/09 and 9143/09; Pavlides v. Turkey; Georgakis v. Turkey
    http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{“fulltext”:[“Pavlides”],”documentcollectionid2″:[“CASELAW”],”itemid”:[“001-122907”]}

    ECtHR: “…notwithstanding the lack of international recognition of the regime in the northern area, a de facto recognition of its acts may be rendered necessary for practical purposes. Thus, THE ADOPTION BY THE AUTHORITIES OF THE “TRNC” OF CIVIL, ADMINISTRATIVE OR CRIMINAL LAW MEASURES, AND THEIR APPLICATION OR ENFORCEMENT WITHIN THAT TERRITORY, may be regarded as having a legal basis in domestic law for the purposes of the Convention”.

    Note: In the related ECtHR’s decision above, the case application of the Greek Cypriot was IMMEDIATELY REJECTED; i.e., his application was found INADMISSIBLE.
    That is to say, he was expelled by ECtHR just at the beginning; therefore, his case was not handled (no sessions were held) by ECtHR at all.

  2. Alexy Flemming

    …………..2. USA’s FEDERAL COURT: “NORTHERN CYPRUS IS A DEMOCRATIC REPUBLIC”…………….
    USA’s FEDERAL COURT and USA’s COURT OF APPEALS REJECTED GREEK CYPRIOTS

    ==1. USA’s FEDERAL COURT REJECTED GREEK CYPRIOTS: THE TOUMAZOU CASE-LAW==
    “..Greek Cypriots CANNOT CLAIM that the government in control of Northern Cyprus gave their homes to Turkish Cypriots….
    Although the United States does not recognize it as a state, the TRNC purportedly operates as a DEMOCRATIC REPUBLIC with a president, prime minister, legislature and judiciary…
    TRNC is NOT VULNERABLE to a lawsuit in Washington”

    The news of the Court Decision (13.10.2014): http://www.courthousenews.com/2014/10/13/72392.htm
    Page of the Court case: http://dockets.justia.com/docket/district-of-columbia/dcdce/1:2009cv01967/139002
    Decision of the Court: http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2009cv01967/139002/53

    TOUMAZOU et al v. REPUBLIC OF TURKEY et al
    Defendant: REPUBLIC OF TURKEY and TURKISH REPUBLIC OF NORTHERN CYPRUS
    Case Filed: 19.10.2009
    Decision Date: 09.10.2014

    ==2. USA’s FEDERAL COURT REJECTED GREEK CYPRIOTS: LATCHFORD DECISION ==
    LATCHFORD et al v. TURKISH REPUBLIC OF NORTHERN CYPRUS et al
    Defendant: TURKISH REPUBLIC OF NORTHERN CYPRUS, HSBC HOLDINGS PLC and HSBC BANK USA, N.A.
    http://dockets.justia.com/docket/district-of-columbia/dcdce/1:2012cv00846/154428
    http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2012cv00846/154428/22
    Case Filed: 24.05.2012
    Decision Date: 31.10.2014

    http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2012cv00846/154428/22

    MEMORANDUM OPINION AND ORDER
    On September 30, 2014, the Court dismissed Toumazou v. Turkish Republic of Northern Cyprus, Civil Action No. 09-1967, WITH PREJUDICE, WHICH IS A RELATED CASE “INDISTINGUISHABLE BY FACTS OR LAW”. See Plaintiff’s Notice of Appeal at 1 n. 1, Toumazou v. Turkish Republic of Northern Cyprus, No. 09-cv-1967 (D.D.C. Oct. 29, 2014), ECF No. 55. The Court therefore ORDERED PLAINTIFF TO SHOW CAUSE IN WRITING WHY THIS CASE SHOULD NOT BE DISMISSED WITH PREJUDICE TO THE COURT’S SEPTEMBER 30, 2014 Order and October 9, 2014 Opinion in Toumazou. PLAINTIFF FAILED TO RESPOND. It is hereby ORDERED THAT THE COMPLAINT is DISMISSED with prejudice. The Clerk of Court SHALL REMOVE THIS CASE FROM THE DOCKET OF THIS COURT. This is a final appealable Order.

    ==3. USA’s FEDERAL COURT REJECTED GREEK CYPRIOTS: FIOURIS AND OTHER 96 GREEK CYPRIOTS DECISION ==
    Fiouris v. Turkish Cypriot Community, Civil Action No. 2010-1225 (D.C. 2014)
    Defendant: TURKISH CYPRIOT COMMUNITY, HSBC HOLDİNG, PLC ve HSBC BANK ABD, N.A.
    http://dockets.justia.com/docket/district-of-columbia/dcdce/1:2010cv01225/143132/
    http://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2010cv01225/143132/22/
    Case Filed: 20.07.2010
    Decision Date: 31.10.2014

    On September 30, 2014, the Court dismissed Toumazou v. Turkish Republic of Northern Cyprus, Civil Action No. 09-1967, with prejudice, which is a related case “indistinguishable by facts or law.” See Plaintiff’s Notice of Appeal at 1 n.1, Toumazou v. Turkish Republic of Northern Cyprus, No. 09-cv-1967(D.D.C. Oct.29, 2014), ECF No. 55. The Court therefore ordered plaintiff to show cause in writing why this case should not be dismissed with prejudice pursuant to the Court’s September 30,2014 Order and October 9, 2014 Opinion in Toumazou. Plaintiff failed to respond. It is hereby ORDERED that the complaint is DISMISSED with prejudice. The Clerk of Court shall remove this case from the docket of this Court. This is a final appealable Order.

    https://www.docketalarm.com/cases/District_Of_Columbia_District_Court/1–10-cv-01225/FIOURIS_et_al_v._TURKISH_CYPRIOT_COMMUNITY_et_al/22/
    http://www.law360.com/cases/4db72cb6c0ce161243000002
    https://www.courtlistener.com/opinion/2747346/fiouris-v-turkish-cypriot-community/

    One can see the list of 96 Greek Cypriots who lost their cases against TURKISH CYPRIOT COMMUNITY in the following link as well:
    http://leagle.com/decision/In%20FDCO%2020141103575/FIOURIS%20v.%20TURKISH%20CYPRIOT%20COMMUNITY

    == 4. USA’s COURT OF APPEALS REJECTED GREEK CYPRIOTS ==
    USA APPEALS COURT: “The TOUMAZOU decision about NORTHERN CYPRUS is valid (a case-law) NOT ONLY in USA but also in ALL COUNTRIES”
    USA Court of Appeals: Case 14-4449
    Look at page 10 below:
    http://blogs.reuters.com/alison-frankel/files/2014/12/sokolowvpa-pamotiontostay.pdf

    Toumazou v. Turkish Republic of N. Cyprus, No. 09-cv-1967, 2014 U.S. Dist. LEXIS 143535, at *11 (D.D.C. Oct. 9, 2014) (holding that the TURKISH REPUBLIC OF NORTHERN CYPRUS “IS ‘AT HOME’ IN NORTHERN CYPRUS, AS ITS NAME SUGGESTS, NOT IN THE DISTRICT OF COLOMBIA”)

    The same decision can be seen on page 17 below:
    http://online.wsj.com/public/resources/documents/PLOPAbrief.pdf

  3. Alexy Flemming

    ………..2a. USA’s FEDERAL COURT: “NORTHERN CYPRUS IS A DEMOCRATIC REPUBLIC”…..
    USA’s FEDERAL COURT and USA’s COURT OF APPEALS REJECTED GREEK CYPRIOTS

    ==1. USA’s FEDERAL COURT REJECTED GREEK CYPRIOTS: THE TOUMAZOU CASE-LAW==
    “..Greek Cypriots CANNOT CLAIM that the government in control of Northern Cyprus gave their homes to Turkish Cypriots….
    Although the United States does not recognize it as a state, the TRNC purportedly operates as a DEMOCRATIC REPUBLIC with a president, prime minister, legislature and judiciary…
    TRNC is NOT VULNERABLE to a lawsuit in Washington”

    The news of the Court Decision (13.10.2014): http://www.courthousenews.com/2014/10/13/72392.htm
    Page of the Court case: http://dockets.justia.com/docket/district-of-columbia/dcdce/1:2009cv01967/139002
    Decision of the Court: http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2009cv01967/139002/53

    TOUMAZOU et al v. REPUBLIC OF TURKEY et al
    Defendant: REPUBLIC OF TURKEY and TURKISH REPUBLIC OF NORTHERN CYPRUS
    Case Filed: 19.10.2009
    Decision Date: 09.10.2014

  4. Alexy Flemming

    ……3. (GREEK, SOUTH) CYPRUS HAS PALED IN COMPARISON WITH NORTHERN CYPRUS IN EDUCATION…..

    NORTHERN CYPRUS PARTICIPATED INTERNATIONAL ROBOCUP CHAMPIONSHIPS IN BRAZIL IN 2013 AND 2014:
    (Greek) Cyprus could not be able to participate to the championship since it is very lag behind of Northern Cyprus in education!
    http://robocupssl.cpe.ku.ac.th/teams:teams
    http://robotics.neu.edu.tr/

    NORTHERN CYPRUS PARTICIPATED 2014 SOLAR CHALLANGE IN SOUTH AFRICA where solar-energized cars compete and race.
    (Greek) Cyprus could not be able to participate to the championship since it is very lag behind of Northern Cyprus in education!
    Please see the flag of Northern Cyprus below:
    http://www.solarchallenge.org.za/final-results/
    http://www.solarchallenge.org.za/?cat=2

    NORTHERN CYPRUS has supercomputers and therefore PARTICIPATES AND CONTRIBUTES CERN EXPERIMENTS (HIGGS BOSON ETC.) IN SWITZERLAND.
    http://duyuru.neu.edu.tr/?p=56172
    (Greek) Cyprus could not be able to participate to the experiments since since it is very lag behind of Northern Cyprus in education!

    There is a medicine faculty in Northern Cyprus whereas in (Greek, South) Cyprus it is still under construction!

    (Greek, South) Cyprus: TOURISM
    NORTHERN CYPRUS: TOURISM + EDUCATION

    2013: 63,765 university students from 114 countries
    2014: 70,004 university students from 129 countries (15,210 Turkish Cypriots + 36,148 Turkey’s Turks + 18,646 other countries)

    1. Near East University 2. Eastern Mediterranean University 3. Cyprus International University 4. European University of Lefke 5. Girne American University 6. University of Mediterranean Karpasia 7. University of Kyrenia 8. METU-Northern Cyprus 9. ITU-Northern Cyprus

    Northern Cyprus is NUMBER 1 IN THE WORLD in “university students/total population” ratio.

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