ADISOK and YKP JOINT STATEMENT

    39

    The joint commitee formed by YKP and ADISOK to work on the Cyprus
    problem met for the third time in the offices of YKP in Nicosia and
    continued their discussion on the subjects of:
    1. Constitutional aspects of the Cyprus Problem.
    2. Presence of foreign troops and guarantees.
    3. Refugees, settlers, three freedoms and territorial aspects.

    The two parties examined also the recent developments and express their
    appreciation for the efforts of the UN General Secretary and the UN
    Security Council. In particular, they examined the latest report of the
    UN Secretary General, which they consider as constructive and regret
    that the Turkish side failed to submit as yet the long awaited constructive
    proposals on the territorial and refugee aspects , in order to enable
    the two communities to conclude an outline argeement.

    During their deliberations the two parties agreed on the following
    points:

    1. Constitutional Aspects:
    ~~~~~~~~~~~~~~~~~~~~~~~~~~

    a. The Cyprus Republic will be a bi-zonal, bi-communal Federal state where
    G/C and T/C shall have the majority in their respective regions. They
    consider also that the union of Cyprus with any other state, the annexation
    and cessation should be prohibited.

    b. The two parties, having considered the advantages of Parliamentary
    and Presidential systems of democratic government, believe that a
    Parliamentary system could offer a better solution in Cyprus. Nevertheless,
    considering that the discussions between the two communities have been
    proceeding along the lines of preditential system and they have reached
    a stage at which an agreement is possible, the two parties support such
    a system provided proper parliamentary and judicial checks and balances
    are provided in order to ensure the democratic functioning of the State.

    c. In order that democracy is ensured and strenghened the two parties
    believe that:

    i. There should be no executive action where there is no law.
    ii. The ministers should be approved by the parliament.
    iii. There will be pernament parliamentary commitees to control the
    police, secret services and army.
    iv. The constitution should require that laws be passed to safeguard
    basic human rights like freedom of information, free access to
    television and radio, democratic education etc.
    v. Discrimination of any kind, based on race, religion, sex, etc should
    be made illegal.

    d. Proceeding from the points already agreed by the two communities in
    the past the two parties believe that an agreement is possible that
    will give the opportunity to the Cypriots to build a common country.
    In order that the functioning of the agreement brings the two communities
    closer the following measures are proposed:

    i. The President of the Federal Republic is freely elected by all the
    Cypriots on the basis of one man one vote. The Vice-President is also
    elected by all Cypriots but should come from the other community using
    a wrighted voting system.
    ii. The President and vice-President jointly and in agreement will appoint
    the council of ministers.
    iii.The council of ministers will consist of ministers from both
    communities in the ratio of 7:3 , unless agreed otherwise. Having in
    mind that if the president is from one community, the Foreign Minister
    will be from the other.
    iv.Decisions will be taken by the Council of Ministers on a simple
    majority basis. However, both the president and the vice-President
    will have the right to refer any decision to Parliament.
    v. Parliament will consist of two chambers; the lower chamber will
    consist of 7:3 ratio of deputies from the two communities while the
    upper chamber will be subject to equal representation. The members of
    the chambers will be directly elected by the two communities respectively.
    The electral system must be one of simple proportional representaiton.
    vi.An appropriate mechanism should be set up in order to resolve any
    deadlocks that may arise in the functioning of the legislative aswell
    as executive powers.

    e. The two parties agree that the federal government should have adequate
    powers in order to safeguard the unity and territorial integrity of
    Cyprus, ensure the protection of human rights and promote the balanced
    development of the island.

    The following powers and functions shall reside in the federal goverment
    of Cyprus:

    i. Foreign Policy
    ii. Defence.
    iii. Citizenship
    iv. Federal Judiciary
    v. Financial and Monetary Policy
    vi. Independent Central Bank.
    vii. Environment and National Resources
    viii. Health and Veterinary Services
    ix. International trade , transportation and tourism
    x. Higher Education
    xi. Post and telecommunications
    xii. Standarts
    xiii. Appointment of Federal Officers
    xiv. Custams and excise
    xv. Federal Police

    Considering federal justice, the two communities have already reached an agreement
    which is endorsed by both parties.

    Powers and functions beyond those mentioned above may also be assumed by
    federal government upon joint agreement of the two communities.

    2. Guarantees and Presence of Foreign Troops:
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    a. Guarantees by foreign powers are not neccessary in principle and should
    not be required to ensure the working of the Cypriot state. Past experience
    has shown that guarantor powers look mainly after their own interests and
    not the interests of the Cypriot people.

    b. best guarantee for the smooth working of the Federal Cyprus is the
    restoration of mutual confidence between the two communities and the
    establishment of good relations between them. This will be helped by the
    drafting of a workable constitution which will be accepted freely by the
    two communities.

    c. However the question of guarantees has become a vital issue of an agreement
    for both the Turkish and Greek community and Cyprus as a whole.
    Therefore the question of guarantees is a metter to resolve and this should
    not be allowed to hinder the progress towards a solution. Discussion on
    guarantees should be postponed until all other matters have been solved.
    An agreement on all other aspects of the Cyprus problem will facilitate
    an agreement on the question of guarantees.

    d. The presence of foreign troops should not be allowed in any solution of
    the Cyprus problem. However, the two parties may not object the presence
    of Greek and Turkiswh contingents which should not exceed the numbers agreed
    upon in the 1960 Agreement (900 and 650 respectively) provided that these troops
    mush withdraw when two communities , jointly, ask for their removal.

    e. The two parties aim at the demilitarization of Cyprus.

    3. Refugees , settlers, three freedoms and territorial aspects:
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    a. The two parties recognise the right of all refugees to return to their
    homes, subject to the provisions of the High Level Agreements. For those
    refugees that do not wish to return, their property rights should be legally
    recognised.

    b. The two parties consider the citizenship of settlers as void and
    oppose the change of the demographic character of Cyprus.

    c. The citizens of the federal Republic of Cyprus should enjoy all human
    rights without restriction, including three freedoms as follows:

    i. Freedom of movement should be immediately implemented right after an
    agreement.

    ii. Freedom of settlement should be implemented taking into account possible
    concerns of the two communities as provided by the High Level Agreements.

    iii. Freedom of ownership should not be restricted. Regulative measures
    could be considered so that no community will economically dominate
    the other.

    d. the territory of the Federal Republic will consist of two regions, one
    with a G/C and the other with a T/C majority. A maximum amount of territory
    should be returned to the G/C in order to ensure that a large number of
    refugees return under G/C administration. At the same time the region
    under the T/C administration should be such as to secure viability and
    joint accomodation of the G/C and T/C.

    The two pareties consider the possibility of creating federal territorial
    areas in order to bridge differences concerning sensitive regions on the
    one hand, and the percentage to be agreed must be examined.

    The two parties agree to continue the work towards common position on the
    Cyprus problem and develop further and in more detail the guidelines
    given in this statenent. They express their wish that the dialogue between
    the two communities will bring about an agreement taht will make
    possible a new start in the relations between them and ensure peace friendship
    and prosperity in the island.

    Alpay Durduran Michalis Papapetrou
    President of YKP Vice-President of ADISOK