SOVEREIGNTY
AND THE TRNC
By Ciler Ýncirli
Cyprus Aktuel Periodical,September
2003
The
establishment
of the TRNC, apart
from being
the result
of the
Turkish
Cypriot
People’s
claim to
self-determination
and sovereignty,
when we looked
at the past,
it is clearly
seen that
the main
cause of
the problem
is sovereignty.
Briefly
talking about what
sovereignty is: we
can say
that it
is the state’s
sole internal authority
and that, the state acting on behalf of
the people,
who form
the state,
does not recognize
any other
authority
which is
superior
or equal
to its
power. Within this context , we
will now
look at
the events
since 1963.
As
it is well known
by everyone
,the Cyprus problem
originated in 1963
from the
Greek Cypriots
will to expand
their sovereignty
all over the island
.The Greeks Cypriots implemented
the Akritas
plan on
21st of
December
1963 by
realizing
the coup
that had
been secretly
prepared
in the
long term
and on
committing
their first
murder, they ousted out
the
Turkish
deputies, ministers
and public
officers
from all organs of
the partnership republic.According to the
Greek Cypriots,
the 1960 Constitution
had given the Turkish
Cypriots more rights
than they
deserved
and as
stated then,
they were
accepted
as a
separate
and equal ’society’.
However
the Greek
Cypriots
have never
seen the
Turkish
Cypriots
as their equals, could never accept them
being a
separate authority
and on
every occasion
expressed their
objection
to the
sharing of
sovereignty .
According
to the
Greek Cypriot
Administration,
there is
only one
people ,and one legitimate government
and assembly referred to as the
’’ Representatives Assembly’’
which should
be under
the domination
of the
Greek Cypriot
majority
and hold
the sovereignty right which it may
use
on behalf
of its
citizens. According
to them
there cannot be any
other authority
on the
island and
the sole authority
which will use
the sovereignty
is the
Republic of Cyprus, which is formed
by one hundred
per cent
Greek Cypriots,
and
the Turkish
Cypriot
people are
a simple
minority within this republic. Moving ahead
from this
view, the Greek Cypriots by
applying
to the UN
and other
institutions, requested
the reestablishment
of their
sovereignty
over the
whole island.
Their intention
was the
reduction
of the
status of
the Turkish
Cypriot
Society
into a
minority. Just
as they
managed
to make
the UN Resolution(541) and
tried to
proceed with
their claim
of being
the sovereign
power. This Resolution
was devoid
of any legal
basis and prevented
the
recognition
of the
TRNC. The
Turkish
Cypriot
people gave
an excellent
and impressive
response ,by maintaining
and protecting
the TRNC
,which was declared on
November 15
1983 ,has held
its flag
on the
flagpole
for 18 years.
In
order to
proceed
and reinforce
the idea
that they
are the
sole legitimate authority
on the
whole island,
the Greek Cypriot
administration
adopted
the slogan
that ‘ sovereignty
is one
and cannot
be divided’,
and never
wanted to
negotiate the issue of sovereignty . This
means that,
there is
only one
sovereign
state in
Cyprus , which
is the
Republic
of Cyprus
.This republic’s
sovereignty is
valid over
the whole
island, the
state under
the title
of TRNC
cannot be
recognized, the Turkish
Cypriots
are a
minority ,and only
minority
rights can
be given
to them
by the
constitution. The Greek Cypriots
continuing with
their claims,
on July 3 1990
made an application for full membership into
the European
Union
and by
reinforcing
the title
of the
Republic
of Cyprus
in this
way, urged
some assistance
in order
to spread
their sovereignty
over the
whole island
.
Over
the past
18 years,
Greek Cypriots
didn’t change
their stance
or propaganda
and
the TRNC
people were
pulled out
of the
arena of
the hot
war into
the international
propaganda and
struggle
platform. This
stance of
the international
community
meant denying
the existence
of the
republic
which is
acknowledged but unofficially recognized,
and forcing
it into
new struggles
.This was
called democracy.
In other
words, for the
sake of
political purposes ,if the international
community can say that such a state does not
exist, it should be ashamed.
By closing
the doors
of the
world to
the Turkish Cypriot
people,
the Turkish
Cypriot
people are
being unjustly treated
and they are being
punished
for their
claims on
sovereignty
and statehood.
However,
we should
know that
we are
not alone
in this
platform
of struggle.
The Nearby motherland Turkey,which
closely support
the Turkish
Cypriot
people throughout its
history,
is continuing to
support us
as much
as it
can, and is undertaking
diplomatic
initiatives
for the
TRNC to
be recognized
and is struggling to
lighten
the burden of the
embargoes.Besides,
there are
the studies
including various scientific researches by both
foreign and Turkish lawyers
and academics
on this
matter, which
contributes
to the
just thesis of
the Turkish
Cypriot
people with
various
scientific
researches .
The
examples
that can
be given
on this
issue are
too many
to be
given in
this article.
However, among
them
there are
some internationally
prominent
lawyers
and scientists
who cannot
be ignored
.
The
American
lawyer Prof. Elihu
Lauhterpacht, in
two separate
scientific
research made
in 1990,
put forward
the facts
that the
Greek Cypriot administration
in South
Cyprus is
illegal
and that
UN Resolution
541 (1983)
is devoid
of any
legal basis
according to international
law. Lauterpacht’s
reports
entitled ‘ Two communities in Cyprus and
the TRNC’ and ‘The legal
status of
the Turkish
Cypriot
and Greek
Cypriot
communities
according to
international
law ‘ were distributed
at the UN
Assembly
as a
UN document.
Another
American
lawyer,
Monroe Leigh,
in his
report prepared
in 1991
under the
title of
’The legal status of the Turkish
and Greek
Cypriot communities
according to international
law’ stated
that the
Turkish Cypriot
community
shared the
right of
self - determination
and that
the TRNC
should be
recognized.
His report
was published
in the UN
General Assembly
.
Also
Prof. Dieter
Blumenwitz, in
1991 by
preparing
a report
under the
title of
‘The Turkish
Cypriot
and Greek
Cypriots’
legal status‘
examined the
right of
self determination
within the
framework
of the 1960
Treaties
and Constitution
and concluded
that the
Turkish
Cypriot
people had
a separate right
of self-determination.
By preparing
reports
in 1997,
two lawyers
and scientists
Prof. M.H Mendelsohn
and Dr
Christian
Heinze stated
that the
Greek Cypriots’
membership
to the
EU under
the title of the
Republic
of Cyprus
was inappropriate
according
to the
1960 Treaties,
Turkey and
Greece should
prevent
this, and
that there
were serious
legal obstacles
to such
a
membership
from the
aspect of
European
Union law.
It
is also possible to give
more detailed
examples. However from
these examples it can clearly be seen that
sovereignty that
sovereignty
has a vital
role in
establishing
and sustaining
the State
.Having no
legal and
democratic
deficiencies
from other
recognized states, the
TRNC is
a well
organized
state equivalent
to that of the
Greek side’s,
with commercial
relations
and foreign
representatives
in over
100 countries
and will
continue
to stay
as it
is. Any possible agreement or
solution model should
be based
on equal sovereignty.
Otherwise, we
would be
dropped
into such
a terrible
condition
that we
can’t
imagine and as
a community
having minority
rights would
be patched
to the
Greek Cypriot state. Hence, we
would give
such a
good opportunity,
that can’t
be imagined
by our
neighbours who
for many
years have
been dreaming of
annexing
the island
to
Greece by
annihilating
us.
As
the Turkish
Cypriot
people, on 15 November 1983
by using our self-determination right
and by
performing
our holiest
duty established our state . However our
duties continue. From now on it is our most
important duty
to sustain our sovereign state
which we established with our
blood and
through many
sacrifices.
This
duty is
our gratitude
to our
ancestors
as well
as, our legacy to young generations. |