Related parties: UN, EU, Hellenic Republic, Republic of Cyprus,
Turkish Republic |

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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 |
3
UN
Annan Plan (Rev2) |
2
UN
Annan Plan (Rev1) |
1
UN
Annan Plan |
Ο.Η.Ε.
Σχέδιο Αννάν |
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 |