I have the honour to refer to your report
of 27 May 2005 (S/2005/353) on the United Nations operation in Cyprus and the
subsequent UN Security Council Resolution 1604 which was adopted on 15 June
2005.
I wish to stress, at the outset, that an
objective assessment of the situation on the ground as well as an impartial
approach is evident in the general structure and the content of your present
report. Similarly, it is most promising that Security Council Resolution 1604
reflects a fairly balanced stance in comparison to previous resolutions,
particularly those adopted in the past couple of years. The following
considerations are brought to your kind attention without prejudice to our
general satisfaction regarding the positive aspects of your report and Security
Council Resolution 1604.
We have observed with pleasure the
references in paras. 2, 36 and 37 of your Excellency’s report which reiterate in
clear terms that UNFICYP is stationed and operates in Cyprus with the consent
and cooperation of the Turkish Cypriot and the Greek Cypriot sides. I wish to
convey, in this context, our firm commitment to full cooperation with UNFICYP as
well as our agreement with the continuation of its activities which undoubtedly
contribute to the search for a comprehensive settlement of the Cyprus issue.
While we regard the noting in Resolution 1604 of the fact that that “UNFICYP
enjoys good cooperation from both sides” a welcome development, this terminology
is far from reflecting the realities on the ground. It is regrettable that the
Security Council chose to disregard the aforementioned statements in your report
and stressed that the “Government of Cyprus” agrees that “it is necessary to
keep UNFICYP beyond 15 June 2005”. This approach leads to the conclusion that
only the agreement of the “Government of Cyprus” is necessary for the extension
of the mandate of the UN peace-keeping Force in Cyprus.
It is an established UN principle that
peacekeeping in any area of the world can only be conducted with the consent and
cooperation of all the concerned parties. It is in line with this UN principle
that the views of Greek Cypriot and Turkish Cypriot sides as well as the three
guarantor Powers are sought for the extension of UNFICYP’s mandate. Moreover,
the undeniable reality that UNFICYP functions in Cyprus with the consent and
cooperation of the Turkish Cypriot side is well known to and accepted by the
relevant UN authorities. We firmly believe, therefore, that the foregoing need
to be reflected by the relevant UN organs in explicit language. In this respect,
there is a shortcoming in paragraph 2 of your report where there is no mention
of the fact that the review team also consulted the three guarantor powers. It
should also be stressed, in this context, that the “Government of Cyprus” to
which reference is made in Resolution 1604 is neither the legitimate successor
of the 1960 Republic of Cyprus nor has the right or the jurisdiction to
represent or act on behalf of the whole island.
There is no reference in paragraph 6 of
your present report to your latest report on the mission of good offices dated
28 May 2004 (S/2004/437). We believe it will play into the hands of the Greek
Cypriot side to portray Your Excellency as distancing yourself from your report
of 28 May 2004 given the fact that two references had been made to the said
report in your previous report on UNFICYP. Moreover, stressing this report in
connection with your good offices mission was particularly important as your
references were previously overlooked by the Security Council. Nevertheless, it
is most astonishing that the Security Council repeated its unbecoming reference
to Resolution 1251(1999). We find it difficult to understand as to why the
Security Council insists on emphasizing a past resolution while disregarding
your report of 28 May 2004 which incorporated important observations on both the
negotiating process and the referenda results on your comprehensive settlement
plan on Cyprus. This approach does not contribute to the sound assessment of the
recent developments and the shaping of future efforts towards a settlement.
Paragraph 7 of your report contains
developments pertaining to the accession process of Turkey to the European
Union. I should stress that the importance of including such information in a
technical report on the operations of UNFICYP eludes us. On the other hand,
information of significant relevance is excluded in paragraph 9 which deals with
the issue of missing persons. The fact that we, as the Turkish Cypriot side,
have made two written representatives to the UN in order to help bring about the
full implementation of the provisions pertaining to the 1981 terms of reference
of the Committee on Missing Persons should have been included in the said
paragraph.
It needs to be noted that the joint
exercises by the Turkish Cypriot and Turkish forces to which reference is made
in paragraph 11 of your report is purely a training exercise which has been
taking place for the past thirty years on a regular basis. The structure and the
wording of the said paragraph are most unbecoming as it culminates in the undue
leveling of a standard activity with the shooting of a Turkish Cypriot soldier
by a member of the Greek Cypriot National Guard. Moreover, the Turkish Cypriot
soldier involved is erroneously presented to be a member of the Turkish forces.
The inappropriate downgrading of the shooting incident which carried serious
provocative potential does not encourage strict measures aimed at preventing
future occurrences. The restraint displayed by the Turkish Cypriot side was the
main factor preventing the escalation of tension between the Turkish Cypriot and
Greek Cypriot soldiers stationed in close vicinity along the buffer-zone.
We welcome the recording of our lifting
the restrictions on the UNFICYP in both paragraph 15 of your report and in
Resolution 1604. We noted with disappointment, however, that the inappropriate
practice of referring to the village of Akyar has continued both in your report
and the Security Council resolution. I wish to reiterate, therefore, that the
village of Akyar has no connection to the buffer zone and does not fall within
the scope of the mission of the United Nations peace-keeping Force in Cyprus. It
should also be noted that the UNFICYP personnel in Cyprus agreed upon visiting
the area that there is no tangible measure that can be taken on the ground
regarding the situation in Akyar following the commencement of mutual crossings
in the island. It is most becoming, therefore, that this issue is kept on the
agenda.
The terminology in paragraph 21 falls
short of reflecting the preventive Greek Cypriot attitude regarding the crossing
of commercial vehicles from North to South Cyprus. The relevant wording gives
the wrong impression that the buses and taxis registered in the North are
allowed to cross to South Cyprus on certain conditions. The truth of the matter
is that the Greek Cypriot administration adopted a most insincere practice in
this regard. While it argues that there are no restrictions on the crossing of
commercial vehicles, its refusal to accept driving licenses issued in North
Cyprus stands as an effective impeding measure. It should have been clearly
stated in the said paragraph that the Greek Cypriot side is hampering the
crossing of commercial vehicles registered in the North to South on “technical
grounds”.
It is regrettable that substantive
information is missing in paragraphs 23 and 24. It is well known that the
Turkish Cypriot side repeatedly called for cooperation on the murder of three
Turkish Cypriots living in South Cyprus. It is also no secret that the Greek
Cypriot authorities refused to share any information from the first day of
investigations on this serious crime. Nevertheless, Turkish Cypriot police
forces arrested eight suspects on credible grounds but were in need of forensic
evidence for a solid case against the suspects. Despite our numerous
representatives and the good offices of UNFICYP, the Greek Cypriot authorities
refused to handover the necessary evidence on purely political grounds. The
maximum pre-trial detention period was thus exhausted and our relevant
authorities had no choice but to release the murder suspects. We regard the
omitting of the foregoing facts as a serious shortcoming of paragraph 23.
The lack of official contacts and
cooperation on humanitarian issues between the two sides are presented in a
misleading manner in the afore-mentioned paragraphs. As the Turkish Cypriot
side, we have repeatedly expressed our readiness to establish contacts at all
levels and to cooperate on humanitarian issues with the Greek Cypriot side. We
strongly believe that neither the ongoing political dispute nor the position of
the parties should stand in the way of establishing cooperative relations to the
benefit of both communities. The numerous calls of our President, H.E. Mr.
Mehmet Ali Talat to commence unofficial contacts with a view to discussing
humanitarian and daily affairs have been widely reported, including in the Greek
Cypriot press. In fact, his readiness in this regard has also been conveyed to
the Greek Cypriot leader, Mr. Papadopoulos, through the good offices of UNFICYP.
Unfortunately, the Greek Cypriot side failed to respond positively to our
constructive initiatives. While we appreciate the inclusion of this
all-important subject in your present report, we deem it a substantive oversight
that the Turkish Cypriot willingness to establish contacts with the Greek
Cypriot side was not mentioned in the relevant paragraphs.
I wish to refer, before I conclude, to the
apparent technical error in paragraph 21. the Turkish Cypriot school to which
reference is made within the context of the Greek Cypriot pledge that it would
be opened in South Cyprus is, in fact, an elementary school and not “a Turkish
secondary school” as printed in the said paragraph.