Analysis of the UN Annan Plan Proposal For the settlement of the Cyprus question:
by Christos A. Neophytou, Barrister-At-Law

Related parties: UN, EU, Hellenic Republic, Republic of Cyprus, Turkish Republic
United Nations - UN

European Union - EU

Greece Cyprus Turkey
MARCH 30 2004: READ THE FINAL VERSION OF THE UN ANNAN PLAN

POSITIVE POINTS

- With the adoption of the new constitutional model of the UN Annan Plan in Cyprus, the Turkish Cypriots would automatically join the European Union regardless of any criteria and subsequently many thousands of Turkish settlers brought in Cyprus illegally by Turkey would acquire European citizenship equal to the French and the Dutch European citizens.
- The new constitutional model for Cyprus would establish single voice in the EU, notwithstanding the fact that the Minister of Foreign Affairs would be Greek Cypriot whereas the Cyprus European Commissioner would be Turkish Cypriot. But other than that, yes, single voice! (sic).
- A certain number of Greek Cypriots would return back to their homes. Others would receive "compensations" paid out of their own pockets through the establishment of special income-tax compensation funds. This would create many classes of "European" citizens, divided racially, ethnically, politically, economically, and religiously, but other than that they would all be "Europeans" enjoying the "same" rights.
- Turkey would have extended military intervention rights over the entire of the United Cyprus Republic, however Glafkos Clerides (ex president of Cyprus, 85 years old "wise man" of the tribe) states that this is indeed very positive point therefore we "ought" and "should" take his word for it notwithstanding the fact that it does not make any sense whatsoever. This is indeed a very positive point for Turkey's interests.

NEGATIVE POINTS

The final version of the UN Annan plan is much more complicated compared to its previous versions. Its philosophy derives out of the existing Cyprus constitution that was drafted in 1960 by the British in order to cause deadlocks and subsequently havoc between the Greek and Turkish Cypriot communities in Cyprus with the overriding objective of retaining the two British military bases in Cyprus in Dekelia and in Akrotiri indefinitely.
Notwithstanding the fact that the UN Annan plan is comprehensive, it contains very many elements that makes it dysfunctional, such as :
1) the retaining of the Turkish army in Cyprus with extended intervention rights!!! Turkey intervened once in Cyprus and caused Ethnic cleansing of 200,000 Greek Cypriots, the destruction of numerous Greek Orthodox Churches and monasteries in Cyprus, and the sellout of Greek archaeological treasures of unprecedented value. All foreign armies should depart from Cyprus. The USA should assume responsibility for the 1974 crime of coup d' etat. It is the CIA who mechanized, promoted and organized the coup.
2) the retaining of the illegal Turkish settlers brought in Cyprus by Turkey in order to destroy the demographics of Cyprus, [This destruction affects not only the Greek-Cypriots but also the Turkish Cypriots that are a minority in the occupied areas of Cyprus] and
3) the deprivation of the properties of the Greek Cypriots in the occupied areas of Cyprus by Turkey. TURKISH SETTLERS MUST BE COMPENSATED BY TURKEY AND DEPART FROM CYPRUS.

The plan also includes provisions that are racist, oxymoron and separatist.
1) It provides that the victims of the Turkish invasion and ethnic cleansing, the Greek Cypriots, would have to pay reparations to themselves (!!!) for losing their properties by paying taxes to the reparations council! This would bring economic disaster to the island since the level of compensations is estimated to 8 billion US dollars.
2) Further with this monstrosity Greek Cypriots are becoming second class citizens in their own country. They constitute the 82% of the population, yet, every 8 Greek-Cypriot votes will be equated with 1 Turkish-Cypriot vote! Cypriots will no longer be European citizens, but slaves!
3) Greek-Cypriots will never be able to return back to the Greek town of Kyrenia, built by Praksandros and Kifeas from Laconia Greece during the Homeric times, thus depriving them not only their properties in that ancient Greek land, but also depriving them their Greek history, their Hellenic identity and their Hellenic National pride. This is preposterous.
4) The solution is an economic disaster for Greek-Cypriots who have been working hard to reach EU economic standards but at the end of the day the Turkish-Cypriots will be the sole benefactors of the accession to the EU.
5) With this plan, Cyprus becomes a protectorate of Turkey, the invader of Cyprus and legalizes all Turkish crimes against Cyprus. Further, no decision will be possible without the prior approval of Ankara. The Cypriots will be slaves to the Turks.
6) All provisions of the plan relating to the rights of the Turkish Cypriots have IMMEDIATE effect, whereas all provision relating to the Rights of the Greek Cypriots have an interlocutory period that spans 20 years from the signing of the agreement.
7) In the event of a deadlock, there is absolutely no provision to prevent the Turkish constituent state to refrain from declaring its independence. If the Greek-Cypriots disagree the Turkish Army would be able to intervene again and repeat the 1974 crimes and Ethnic Cleansing against the Greek-Cypriots.

Analysis - Christos A. Neophytou BEng BSc MSc MBA, PgDL (Law), Barrister-At-Law

TURKISH CYPRIOTS OPPOSE THE UN ANNAN PLAN

Kofi Annan: "...There have been too many missed opportunities in the past. For the sake of all of you and your people, I urge you not to make the same mistake again. ..."

T/C: Let us miss this one too, since we have been always the losers. We respectfully submit Mr. Secretary General that you cannot solve the problems caused by the Turkish invasion and occupation of a UN member state (Cyprus) with the American formula "win-win"... we do not want the settlers to win anything in Cyprus. They are in Cyprus illegally as a result of an international Turkish CRIME of Ethnic cleansing of Greek and Turkish Cypriots alike. We do not want the Turkish army to be our "guardian", "protector" and "guarantor" even after 2018! Enough crimes have been committed against both Greek and Turkish Cypriots by the Turkish army! Enough!

Kofi Annan: A new state of affairs would emerge, far better designed than the one of 1960 to manage relations between the two communities.

T/C: No thanks, Mr. UN Secretary General. You can give it back to its designers (USA, UK plus EU) to adopt it as their own constitutions!

List of Greek and Greek Cypriot Politicians whose opinions bare no significance regarding the UN Annan plan since they have no basis, no standing and no substance whatsoever:

Glafkos Clerides, Christos Stylianides, Alecos Markides, Averof Neophytou, Nicos Anastasiades, Christos Pourgourides, Michalis Papapetrou, Giorgos Vassiliou, Constantinos Mitsotakis, Giorgakis A. Papandreou et. al.

Through ignorance, political miscalculation, or otherwise, the abovementioned politicians have advocated openly and undisputedly in favor of the UN Annan plan. This, despite numerous studies made by internationally acclaimed professors in constitutional law advocating against the UN Annan plan because of its inability to resolve deadlocks and the inherent injustices and permanent and gross derogations from the acquis communautaire and the EU Law, and despite the fact that many of the abovementioned politicians are lawyers themselves and ought to have known better.
They have lethally undermined the inherent dangers imposed by a highly undemocratic, unreliable and unstable country (Turkey) in respecting and carrying out the terms of this agreement, while at the same time they have beautify the failings and shortages of that plan in providing a just and lasting solution for the Cyprus problem.

Nevertheless, all of the abovementioned politicians serve one very important (National Security) function that should never be undermined: They serve as the Greek Cypriot alibi to the European and International Public Opinions that the Greek/Greek Cypriot politicians have done ALL they could to convince (mislead) the people of Cyprus to vote FOR the UN Annan plan in the referenda of the 24 April 2004 in view of the pressures exercised by Washington (USA) and London (UK) in order to favor Ankara (Turkey).

Analysis - Christos A. Neophytou BEng BSc MSc MBA, PgDL (Law), Barrister-At-Law

UN Annan Plan (Rev2) UN Annan Plan (Rev1) UN Annan Plan Ο.Η.Ε. Σχέδιο Αννάν

Supplementary documents accompanying the UN Annan plan (Revision 2) for settling the Cyprus problem:

1. Cooperation Agreement on European Union 

2.
Federal Law on Conduct of European Union Affairs

3.
Federal Law on the Issuing of Regulations 

4.
Federal Law on Implementation of Federal Laws by Constituent State Authorities 

5.
Federal Law to Provide for the Establishment of Standards of Weight and Measures based on the Metric System and to Provide for Matters Connected therewith or Incidental thereto 

6.
Federal Law on the Functioning of the Public Service Commission for the Appointment, Promotion and Retirement of Public Officers and for Conditions of Service, Disciplinary Proceedings and other Matters Relating to the Public Service 
UN Annan Plan Map(Rev2) UN Annan Plan MAP-A UN Annan Plan MAP-B Ο.Η.Ε. Σχέδιο Αννάν

Swiss Constitution: The drafters of the UN Annan Plan claim their plan to be based in principle on the Swiss constitutional model.

You can read the Swiss Constitution[pdf] or here[pdf].
(18 April 1999 with updates through February 2003; English translation)

Initial Legal Analysis: When reading the Swiss constitution, particular attention should be given on potential incompatibilities and/or derogations when compared with the UN Annan plan in the following areas:
On the Title of the Swiss Constitution; in  Articles
8(2) relating to racial discrimination,
[gross derogation]
24 relating to freedom of domicile,
[gross derogation]
26 relating to right to property,
[gross derogation]
27 relating to economic freedom,
[derogation]
37(2), 39 relating citizenship and political rights,
[derogation]
57, 58, 59, 60 and 61 relating to security,
[gross derogation]
94 relating to principles of economic order,
[gross derogation]
95 relating to principles of private economic activity,
[derogation]
108 relating to housing,
[derogation]
121(2) relating residence and domicile of foreigners, 
[gross derogation]
136 relating to political rights,
[gross derogation]
138, 139, 139a, 139b, 140, 141, 141a, 142, relating to Initiative and Referendum,
[total omission]
185(4) relating to internal and external security,
[gross derogation]
192, 193, 194, 195, and 197 relating to the Revision of the Federal Constitution and of its temporal provisions.
[total omission]

Preliminary conclusion: It should be noted and it is therefore argued that the UN Annan plan either derogates from key features of the Swiss constitutional model, or, omits to adopt and incorporate key neuralgic articles, thus neutralizing the central theme and the overall philosophy and functionality of the Swiss constitutional model.
Analysis - Christos A. Neophytou BEng BSc MSc MBA, PgDL (Law), Barrister-At-Law

Legal Positive Points:

1. Recognizes and retains the single Political Entity of the state of Cyprus by transforming it from a Republic to a Bi-Communal, bi-zonal Federation.
2. Recognizes a Single Citizenship for all Citizens of Cyprus.
3. Allows the restoration of all the legal, political, and private rights of all Turkish Cypriots and also the restoration of these rights to a certain percentage of Greek Cypriots.
Analysis - Christos A. Neophytou BEng BSc MSc MBA, PgDL (Law), Barrister-At-Law

Legal Negative Points:

Legal Analysis of UN Annan Plan for the solution of the Cyprus problem: Legal document in violation of numerous articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In violation of International Law regarding the rights of Greek-Cypriot refugees. 
Grounds (inter alia): -EU Law, -International Law, -Property Law, -Constitutional/Administrative Law
1. Legitimizes international crimes such as violations of Article 1 of Protocol 1, Art. 2, 3, 5, 6, 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms
2. Prohibits the right of Greek Cypriot Refugees that already have achieved convictions against Turkey for violating their rights of owing property from returning back to their homes.
- Loizidou v. Turkey (Article 50) (1998) 26 E.H.R.R. ECHR
- Loizidou v. Turkey (1997) 23 E.H.R.R. 513 ECHR

- Loizidou v. Turkey (1995) 20 E.H.R.R. 99 ECHR
This in effect eliminates the effect of the acquis communautaire and the EU Law.
3. Allows the international law crime of legitimization of thousands of illegal Turkish settlers brought in Cyprus by Turkey thus undermining the rights of the Turkish Cypriots. These settlers now occupy Greek-Cypriot properties and land historically and legally belonging to Greek Cypriots.
4. Eliminates the concept of one-person, one-vote, based on religious/racial grounds. In this way the minority of 9%+1 of the population will be able to rule the rest 91%-1 of the population.
5. Allows for permanent deviations and derogations from the European acquis communautaire and thus rendering EU Law obsolete and unenforceable. This endangers Cyprus with political isolation and apathy within the EU. It also allows for any citizen adversely affected by the non-compliance with the acquis communautaire to sue the State for violating their rights with a real prospect of success.
6. Allows for foreign judges to determine serious issues within the ambit of the Supreme Court of the new State, thus undermining, if not eliminating, the Political Sovereignty of the new state.
7. Allows for non-EU troops (Turkish) to be stationed in an EU state (Cyprus), to guarantee(?) its sovereignty and territorial integrity, thus undermining, if not eliminating, the common Foreign and Defence policy in the southern flank of the EU.
Analysis - Christos A. Neophytou BEng BSc MSc MBA, PgDL (Law), Barrister-At-Law

Comprehensive Legal Studies on the UN Annan Plan

1.
Σχέδιο Γενικού Γραμματέα των Ηνωμένων Εθνών για επίλυση του Κυπριακού Προβλήματος
Σημείωμα προς κατ΄ αρχήν ενημέρωση του Εθνικού Συμβουλίου
NOMIKH ΥΠΗΡΕΣΙΑ ΤΗΣ ΚΥΠΡΙΑΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

Ανάλυσις / Επεξεργασία: Αλέκος Μαρκίδης, (Πρώην) Γενικός Εισαγγελέας της Κυπριακής Δημοκρατίας 12 Νοεμβρίου 2002.

2.
-
A Critical Legal Analysis of the proposed UN Annan plan for the settlement of the Cyprus problem
- London Metropolitan University
- Headings- Cover Page (pdf)
- Table of Contents (pdf)
by Christos A. Neophytou BEng BSc MSc MBA, PgDL (Law), Barrister-At-Law - May 13, 2003

3.
The Economics Of The Solution of the Cyprus Problem Based On The Annan Plan
Determines that possible solution of the Cyprus problem based on the UN Annan plan will be economically viable it that the Cyprus economy will be able to withstand the economic cost of the solution.
By Dr. George Vassiliou, Ex-president of the Republic of Cyprus
(Greek, Turkish and English versions available) September 2003

4.
UN Annan Plan: Economic Impact of Cyprus reunification
Determines that possible solution of the Cyprus problem based on the UN Annan plan will be catastrophic to the Cyprus economy in that neither Cyprus nor any other foreign body/ Country will be able to breach a deficit gap of an estimated 16 billion CY pounds (approx 32 billion US dollars) towards the cost of the solution.
By Constantinos Lordos for a TESEV workshop held in Istanbul, Turkey. February 2004

5.
Greek American Organizations call for changes in the Annan Plan in the interests of the U.S.
WASHINGTON, DC - The American Hellenic Institute founder, Gene Rossides, announced that the major Greek American membership organizations are calling for serious changes in the Annan Plan in the interests of the U.S. to make it democratic, workable, financially viable and just. The organizations are the Order of AHEPA, the Hellenic American National Council, the Cyprus Federation of America, the Panepirotic Federation of America, the Pan-Macedonian Association of America and the American Hellenic Institute. Their joint statement on the Cyprus problem follows:

AMERICAN HELLENIC INSTITUTE (AHI) - WASHINGTON DC USA STATEMENT ON THE UN ANNAN PROPOSAL FOR SETTLEMENT OF THE CYPRUS PROBLEM February 2004

6.
Getting to Yes: Suggestions for the Embellishment of the Annan Plan for Cyprus
by Dr. Othon Athanasakis (SEESP Director),
Dr. Gilles Bertrand and (SEESP Research Associate),
Dr. Kalypso Nikolaidϊs (SEESP Chair and University Lecturer, Oxford)

Participants:
Zafer Bacak
Costas Carras - Greek Turkish Forum
Dominick Chilcott, Foreign & Commonwealth Office
Katie Clerides
Achilleas Demetriades, Lellos Demetriades Law Office
Olga Demetriou, Oxford University
Alvaro De Soto, United Nations
Katie Economides, Peace Centre Cyprus
Ali Erel, Turkish Cypriot Chamber of Commerce
Sotiris Georgallis, Cyprus High Commission, London
Marrack Goulding, Oxford University
Celia Kerslake, Oxford University
Eser Keskiner, Cyprus Action Network
Petros Liacouras, University of Piraeus
Peter Loizos, Intercollege, Nicosia
James Pond, European Commission
Hasan Raif, Turkish Cypriot Democratic Association, London
Ramis Sen, Oxford University
Mary Southcott, Friends of Cyprus
Ahmet Sozen, Bahcesehir University
Zenon Stavrinides, Association for Cypriot, Greek and Turkish Affiars

Mehmet Ali Talat, Republican Turkish Party (CTP)
Toumazos Tselepis, Cyprus Communist party AKEL
Marco Turk, California State University
Sevgul Uludag, Hands Across the Divide

- February 2004
South East European Studies Program (SEESP) - European Studies Centre - St. Anthony's College
University of Oxford United Kingdom
- February 2004

7.
Independent and Impartial In-depth Analysis of the Annan Plan
Paragraph by Paragraph
On the basis of fairness, justice, and legality - And its implications for the people of Cyprus

CONTRIBUTORS
Argyros Argyrou, Kyriacos Kyriacou, Anna Lawless & Roberto Lopez. March 2004

8.
The Comprehensive Settlement of the Cyprus Problem (The Annan Plan) and its compatibility with the European Convention of Human Rights. - March 22, 2006
- University of Essex, United Kingdom - School of Law and Human Rights
by Lara Nora Haladjian

"UN Annan Plan - End game in Cyprus". Turkish Daily News 23 Feb 2004.
Interview with Turkish Diplomat Yuksel Soylemez revealing the true intentions of USA, UK, and Turkey for the future of Cyprus, utilizing in full the UN Annan Plan for the solution of Cyprus problem .

"This plan is a monstrosity," said Van Coufoudakis, a Greek-American political science professor who deals with European affairs at Indiana University-Purdue University in Fort Wayne USA.

"The plan in effect dissolves the Cyprus Republic and replaces it with a new, completely different frame which is neither functional nor does it protect the rights of the Greek and Turkish Cypriot people," he said in a telephone interview.

"If we accept this plan it will lead us to fighting among ourselves," one irate Greek Cypriot caller said in a radio debate.

[Arguably] The true and sole Benefactors as a result of the implementation of the UN Annan Plan for the solution of the Cyprus Problem: USA, UK, Turkey

49 Star Flag
Strategic: Secures oil pipelines from Baku to the Eastern Mediterranean.


Strategic/ Tactical: Secures UK Sovereign Bases in Cyprus
Turkey
Strategic/Tactical: Legitimizes all Turkish crimes against Cyprus including the 1974 military invasion, secures initiation of EU Entry talks, restores hindered relations with the USA.


The New "UN ANNAN PLAN" Flag of Cyprus

If you would like to submit a comprehensive Legal Study/Opinion/dissertation on the UN Annan Plan,
please send an email to Christos A. Neophytou, Barrister-At-Law

Last Updated:  Sunday, March 26, 2006 10:07:39 GMT+2 Hellenic Daylight Time