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Part I: General Provisions............................................................................................... 14 Part II: Fundamental Rights and Liberties............................................................... 16 Part III: The <common state> and the <component states>........................... 16 Part IV: <common state> Institutions....................................................................... 19 Section A: The Legislature......................................................................................................... 20 Section B: The Executive........................................................................................................... 21 Section C: The Independent
Officers and Institutions................................................................. 22 Section D: The Judiciary............................................................................................................ 24 part V: Amendments of this Constitution............................................................... 24 Part VI: Transitional provisions................................................................................... 25 Part VII: Additional Provisions....................................................................................... 27 Attachment 1: Map of Cyprus and its <component states>........................... 28 Attachment 2: Flag of Cyprus....................................................................................... 29 Attachment 3: Anthem of Cyprus................................................................................. 30 Attachment 4: Property of the <common state>............................................... 31 |
1. Cyprus is an independent and sovereign state with a single international legal personality and a <common state> government and consists of a Greek Cypriot <component state> and a Turkish Cypriot <component state>.
2.
The independence, territorial integrity, security, and constitutional
order of Cyprus shall be safeguarded and respected by all.
3.
Union of Cyprus in whole or in part with any other country, any form of
partition or secession, and any other unilateral change to the state of affairs
established by the Foundation Agreement and this Constitution shall be
prohibited.
4.
The flag of Cyprus shall be [insert description of agreed flag], as
attached to this Constitution. The flag of Cyprus shall be flown alone or together with the flag of the European Union on
<common state> government buildings.
5.
The anthem of Cyprus shall be [insert name of agreed anthem], as
attached to this Constitution.
6. Cyprus shall be organised under this Constitution in accordance with the basic principles of rule of law, democracy, representative republican government, political equality of Greek Cypriots and Turkish Cypriots, bi‑zonality and the equal status of the <component states>.
1. The <component states> are of equal status. Each <component state> exercises its authority within the limits of this Constitution and its territorial boundaries as set out the attachment to this Constitution.
2.
The <component states> shall organize themselves freely within the
limits of this Constitution and in conformity with the basic principles of rule
of law, democracy, and representative republican government under their own
Constitutions.
3.
The identity, territorial integrity, security and constitutional order
of the <component states> shall be safeguarded and respected by all.
4.
The <component states> shall have their own anthems and flags. The
<component state> flag shall be flown on <component state>
government buildings, along with and in the same manner as the flag of Cyprus
and, if <component state> law so provides, that of the European
Union. No other flags shall be flown on
<component state> government buildings or public property.
5.
Each <component state> shall determine and observe its own
holidays in addition to those of the <common state>.
1.
This Constitution, having been democratically adopted by the Greek
Cypriots and the Turkish Cypriots through their separately expressed common
will, is the supreme law of the land and is binding on all authorities of the
<common state> and the <component states>. Any act by the <common state> or
either <component state> in contravention of this Constitution shall be
null and void.
2.
The <common state> shall fully respect and not infringe upon the
powers and functions of the <component states> under this
Constitution. Each <component
state> shall fully respect and not infringe upon the powers and functions of
the <common state> or the other <component state> under this
Constitution. There shall be no
hierarchy between the laws of the <common state> and those of the
<component states>.[9]
3.
The Supreme Court shall uphold this Constitution and ensure its full
respect by the organs of the <common state> and the <component
states>.
1.
The law is the basis of and limitation for all acts of government at all
levels.
2.
All acts of government at all levels shall conform with the principles
of public interest, proportionality and good faith.
3. The <common state> as well as the <component states> shall respect international law, including all treaties binding upon Cyprus, which shall be considered an integral part of this Constitution.
1. The State of Cyprus and its <component states> are secular.
2.
Religious functionaries shall not hold elected or appointed political or
public office.
1. The <common state> and the <component states> shall be demilitarized. There shall be no paramilitary or reserve forces or military or paramilitary training of citizens.
2.
Cyprus shall not put its territory at the disposal of international
military operations other than with the consent of Greece and Turkey.
3. All weapons, except licensed sporting guns, shall be prohibited.
4. Neither <component state> shall tolerate violence or the incitement of violence against the <common state>, the <component states>, or the guarantor powers by persons, groups or organisations operating within its boundaries.
5. The provisions of this Article are without prejudice to the provisions of the Treaty of Establishment, the Treaty of Guarantee, the Treaty of Alliance, the mandate of a UN peacekeeping operation in Cyprus and the provisions of this Constitution on <common state> and <component state> police and the Joint Investigation Agency.
Article 7
The official languages and promulgation of
official acts
1. The official languages of the <common state> are Greek and Turkish. The use of English for official purposes shall be regulated by law.
2.
Legislative, executive, administrative and judicial acts and documents
of the <common state> shall be drawn up in all official languages and
shall, unless otherwise provided, be promulgated by publication in the official
Gazette of Cyprus in all official languages.
3.
All persons shall have the right to address the authorities of the
<common state> in any of the official languages and to be addressed in
that same language.
4.
The official languages of the <common state>
shall be taught mandatorily to all secondary school students.
1.
The National Holiday of Cyprus shall be the day of the referenda on the
Foundation Agreement.
2.
In addition to Sundays, the following official holidays shall be
observed throughout Cyprus:
a. 1 January (New Year’s Day);
b. 1 May (Labour Day);
c. 25 December (Christmas);
d. Good Friday;
e. Easter Monday;
f. The first day of Ramadan/Sheker Bayram;
g. The first day of Kurban Bayram; and
h. The birthday of the Prophet Mohammed.
3.
Public servants of the <common state> shall be entitled to
observe, in addition to the above, the official holidays of either one
<component state> or the other.
1.
In accordance with Article 4(3) of this Constitution, the European
Convention on the Protection of Human Rights and Fundamental Freedoms and its
Additional Protocols which are in force for Cyprus and the United Nations
Covenant on Civil and Political Rights shall be an integral part of this
Constitution.
2.
There shall be no discrimination against any person on the basis of his
or her gender, ethnic or religious identity, or internal <component
state> citizenship status.
3. There shall be freedom of movement and freedom of residence throughout Cyprus, except as otherwise expressly provided in this Constitution or any other parts of the Foundation Agreement or a Constitutional Law.
4. The rights of religious and other minorities, including the Maronite, the Latin and the Armenian, shall be safeguarded. The <common state> and the <component states> shall, within their respective spheres of competence, afford minorities the status and rights foreseen in the European Framework Convention for the Protection of National Minorities, in particular the right to administer their own cultural and educational affairs and to be represented in the legislature.
5. Greek Cypriots residing in the Karpas villages of Rizokarpaso/Dipkarpaz, Agialousa/Yeni Erenköy, Agia Trias/Sipahi, Melanarga/Adacay, and Maronites residing in the villages of Agia Marina/Gűrpinar, Asomatos/Özhan, Karpasha/Karpaşa and Kormakiti/Koruçam, and Turkish Cypriots residing in the Tillyria villages of Amadhies/Gűnebakan, Limnitis/Yeşilyirmak, Selemani/Suleymaniye, Xerovounos/Kurutepe and Agios Georgios/Madenliköy, as well as the Mesaoria villages of Pyla and [insert other villages with more than 20% Turkish Cypriots in 1960 should they fall within the area of territorial adjustment] shall, within the <component states> in which these villages are situated, enjoy the right to administer their own cultural and educational affairs and to be represented in the <component state> legislature..[10]
1.
There is a single Cypriot citizenship.
2.
All persons holding Cypriot citizenship shall also enjoy internal
<component state> citizenship status as provided for by Constitutional
Law. Such status, like the European
Union citizenship status, is complementary to and does not replace Cypriot
citizenship.
3.
Where any provision of this Constitution or of the Foundation Agreement
refers to the <component state> origins of a person (or where a person
hails from), the criterion shall be the holding of internal <component
state> citizenship status. Persons
holding the internal <component state> citizenship status of both
<component states> shall be considered to be from the <component
state> in which they reside or last resided.
Cypriot citizens who are at least 18 years old shall enjoy political rights at the <common state> level and exercise them at their place of legal residency.
1.
The <common state> shall, in accordance with this Constitution,
sovereignly exercise legislative and executive competences in the following
matters:
a. External relations, including conclusion of international treaties and defence policy;[11]
b. Relations with the European Union;
c. Central Bank functions, including issuance of currency, monetary policy and banking regulations;
d. ommon state> finances, including budget and all indirect taxation (including customs and excise), and <common state> economic and trade policy;
e. Meteorology, aviation, international navigation and the continental shelf and territorial waters of Cyprus;
f. Communications (including postal, electronic and telecommunications);
g. Cypriot citizenship (including issuance of passports) and immigration (including asylum, deportation and extradition of aliens);
h. Combating terrorism, drug trafficking, money laundering and organised crime;
i. Pardons and amnesties;
j. Intellectual property and weights and measures; and
k. Antiquities
2.
Incidental to the above competences and to other provisions of this
Constitution, the <common state> shall exercise legislative and executive
competences over <common state> administration (including public service,
<common state> police, as well as its independent institutions and
officers); <common state> elections and referenda; offences against <common
state> laws; administration of justice by the Supreme Court; <common
state> property, including public works for <common state> facilities
and expropriation; and like matters which are clearly incidental to the
specified powers of the <common state>.
3.
The <common state> shall, as appropriate, entrust the
implementation of its laws including the collection of certain forms of taxes,
to <component state> authorities.
4.
Obligations of the <common state> under international treaties
shall be implemented by the <common state> or <component state>
authority which enjoys legislative competence in the subject matter to which
the treaty pertains.
5.
The <common state> shall confer upon the <component states>
a portion of its revenue from indirect taxation as provided for by special majority
law.
1.
The <component states> shall, within the limits of this
Constitution, sovereignly exercise within their territorial boundaries all
competences and functions not vested by this Constitution in the <common
state>.[12]
2. The <component states> shall have primary criminal jurisdiction over offences against <common state> laws, unless such jurisdiction is reserved for the Supreme Court of Cyprus by <common state> legislation.
3.
The police
of a <component state> shall be stationed and operate exclusively within
that <component state> and shall be responsible for the protection and
enforcement of law and order and public safety within that <component
state>, including offences against <common state> laws, without
prejudice to the functions of the <common state> police and the Joint
Investigation Agency. A Constitutional
Law shall regulate the strength and equipment of <component state> police
and a Cooperation Agreement between the <common state> and the <component
states> shall provide for cooperation on police matters.
1. Where expressly provided for in this Constitution, legislative matters may be regulated in a manner binding upon the <common state> and the <component states>, through Constitutional Laws. Such laws shall be approved by the legislatures of the <common state> and the <component states> in accordance with procedures set down in a Constitutional Law and shall have precedence over any other <common state> of <component state> laws.
2.
The <component states> may conclude agreements with each other or
with the <common state>. Such agreements may create common organizations
and institutions on matters within the competence of the parties.
3.
The <component states> shall strive to coordinate or harmonize
their policy and legislation, including through agreements, common standards
and consultations wherever appropriate, in particular on the following matters:
a. Tourism;
b. Protection of the environment and use and conservation of energy and natural resources, including water;
c.
Fisheries and agriculture;
d.
Industry and commerce, including insurance, consumer protection,
professions and professional associations;
e.
Zoning and planning, including for overland transport;
f.
Sports and education;
g.
Health, including regulation of tobacco, alcohol and drugs, and
veterinary matters;
h.
Social security and labour;
i.
Family, company and criminal law; and
j. Acceptance of validity of documents.
4.
Either <component state> or any branch of the <common state>
government may initiate the coordination or harmonization process.
5.
Agreements on such coordination or harmonization shall be approved by
the competent branch of the <component state> governments and, if
<common state> participation is required, by the competent branch of the
<common state>.
6. The <common state> shall support, both financially and logistically, cooperative endeavours between the <component states> or between municipalities and villages located in different <component states>.
7. The <common states> and the <component states> shall accept as valid documents issued by government authorities and educational, medical and other public service institutions.
There shall be a Joint Investigation Agency, comprising <common state> and <component state> police personnel and reporting to the Attorney-General. Its composition and functions, as well as the strength and equipment of the <common state> and <component state> police, shall be regulated by Constitutional Law.
1. Cyprus shall maintain special ties of friendship with Greece and Turkey, respecting the balance established by the Treaty of Guarantee and the Treaty of Alliance and the Foundation Agreement.
2.
The <component states> shall be consulted on <common state>
decisions on external relations that affect their competences.
3.
The <component states> may appoint representatives on commercial
and cultural matters, who shall be accredited as part of diplomatic missions of
Cyprus.
4.
The <component states> may also conclude agreements on commercial
and cultural matters with authorities of States that have relations with
Cyprus, provided that such agreements do not cause prejudice to Cyprus, the
authority of the <common state> government, or the other <component
state>, and are compatible with the European Union membership of Cyprus.
5. In the exercise of the powers conferred by paragraphs 3 and 4 of this Article, the following procedures shall be observed:
a. The <component states> shall use the channel of the <common state> ministry of foreign affairs for contacts at a political level with foreign governments; and
b. The <component states> may have direct contacts with sub-entities or subordinate authorities of other states. In this case they shall inform the <common state> ministry of foreign affairs upon starting negotiations on any agreement with such authorities and continue to advise on the progress and outcome of such negotiations.
6. A Cooperation Agreement between the <common state> and the <component states> on external relations shall regulate the implementation of this Article.
1.
Cyprus shall be a member of the European Union.
2.
The governments of the <component states> shall participate in the
formulation of the policy of Cyprus in the European Union.
3.
Cyprus shall be represented in the European Union by the <common
state> government in its areas of competence or where a matter predominantly
concerns an area of its competence.
Where a matter falls predominantly or exclusively into an area of competence
of the <component states>, Cyprus may be represented either by a
<common state> or a <component state> representative, provided the
latter is able to commit Cyprus.
4.
Obligations of Cyprus arising out of European Union membership shall be
implemented by the <common state> or <component state> authority
which enjoys legislative competence for the subject matter to which an
obligation pertains.
5.
If a <component state> fails to fulfil obligations of Cyprus
vis-à-vis the European Union within its area of competence and Cyprus may be
held responsible by the Union, the <common state> shall, after
notification of no less than 90 days, take necessary measures in lieu of the
defaulting <component state>, to be in force until such time as that <component
state> discharges its responsibilities.
6.
Paragraphs 2-5 of this Article shall be the subject of a Cooperation
Agreement between the <common state> and the <component states>.
7.
Amendments to the treaties on which the European Union is founded or
acts of accession of any applicant states to the European Union which require
ratification by all member states of the European Union, shall be ratified by
Cyprus unless this is opposed by each of the legislatures of the <common
state> and the <component states>.
The President or the Vice-President of the Presidential Council shall be
entitled to sign the respective instrument of ratification and thereby bind
Cyprus.
8.
No provision of this Constitution shall invalidate laws, acts or
measures by the <common state> or the <component states> required
by the obligations of European Union membership, or prevent laws, acts or
measures by the European Union, or institutions thereof, from having the force
of law throughout Cyprus.
1. Unless otherwise provided by this Constitution or law, a person shall be qualified to be elected or appointed to serve in the <common state> institutions if he or she is a citizen of Cyprus and has reached the age of 18.
2.
Unless otherwise provided by this Constitution or law, no person may be
a member of more than one branch of the <common state> government or the
<common state> government and a <component state> government.
3. Persons elected to or appointed to serve in the <common state> institutions shall act in the best interests of the <common state>.
1. Members of Parliament, the Presidential Council, the Supreme Court and the Board of the Central Bank of Cyprus, as well as the Independent Officers, shall enjoy immunity from arrest or judicial prosecution unless <common state> law provides otherwise.
2. <common state> property used for official purposes shall be exempt from the application of <component state> legislation, including taxation. Such property shall be under the direct and sole authority of the <common state>. The <component states> shall assist the <common state> police in assuring the safety of <common state> property located within their territorial boundaries.
1.
The <common state> Parliament shall be composed of two Chambers:
the Senate and the Chamber of Deputies.
2.
Each Chamber shall have 48 members, elected for five years on the basis
of proportional representation. The
<component states> shall serve as electoral precincts unless
special majority law provides otherwise, in which case each precinct may have
no less than ten seats.
3.
The Senate shall be composed of an equal number of senators from each
<component state>. The people of
each <component state> shall elect, on a proportional basis, 24 members
of the Senate.
4.
The Chamber of Deputies shall be composed of deputies from both
<component states>, with seats attributed on the basis of the number of
registered residents in each <component state>; provided that each
<component state> shall be attributed a minimum of one quarter of the
seats. A deputy may not at the same time be a member of either <component
state> legislature.
5.
The Maronite, Latin and Armenian minorities shall each be represented by
no less than one deputy. Members of such minorities shall be entitled to vote
for the election of such deputies irrespective of their place of residency in
Cyprus. Such deputies shall be counted against the quota of the <component
state> where the majority of the members of the respective minority reside.
1. The law shall regulate the time and duration of the ordinary sessions of the <common state> Parliament. At any time, the Presidential Council or one quarter of sitting members of either Chamber may convene Parliament for an extraordinary session.
2.
Each Chamber shall elect a President and two Vice-Presidents, one from each
<component state>, for a period of one year. The Presidents of the two
Chambers shall not come from the same <component state>. The Vice
President who does not come from the same <component state> as the
President of the relevant Chamber shall be the First Vice-President of that
Chamber.
3.
Each Chamber shall organise its own committees in accordance with the
law.
4.
Each Chamber shall require the presence of a majority of sitting members
in order to take decisions.
5.
The law shall regulate the obligation of members of Parliament to attend
meetings and the consequences of failure to do so without authorization.
1. Parliament shall legislate and take decisions.
2.
Parliament shall approve international treaties for ratification, except
where it has delegated that power to the Presidential Council.
3.
Parliament shall elect and oversee the functioning of the Presidential
Council.
4. Parliament may by special majority impeach members of the Presidential Council and of organs of the independent institutions, and independent officers, for grave violations of their duties or serious crimes.
5.
Parliament shall adopt the <common state> budget.
1. Unless otherwise specified, decisions of Parliament need the approval of both Chambers with simple majority of members present and voting, including one quarter of senators present and voting from each <component state>.
2. A special majority comprising at least two fifths of sitting senators from each <component state>, in addition to a simple majority of deputies present and voting, shall be required for:
a. Ratification of international agreements on matters which fall within the legislative competence of the <component states>;[13]
b. Ratification of treaties and adoption of laws and regulations concerning the airspace, continental shelf and territorial waters of Cyprus;
c. Adoption of laws and regulations concerning citizenship, immigration, and taxation;
d. Approval of the <common state> budget;
e. Election of the Presidential Council; and
f. Other matters which specifically require special majority approval pursuant to other provisions of this Constitution.
3. The law shall provide for a conciliation mechanism between the Chambers of Parliament.
1.
The Office of Head of State is vested in a six-member Presidential
Council, which shall exercise the executive power.
2.
The members of the Presidential Council shall be elected by Parliament
for a fixed five-year term on a single list by special majority.
3. Members of the Presidential Council shall not hold any other public office or private position.
4.
The members of the Presidential Council shall continue to exercise their
functions after expiry of their term in office until a new Council has been
elected.
5. In the event of a vacancy in the Council, a replacement shall be elected by Parliament by special majority for the remainder of the term of office.
6.
The composition of the Presidential Council shall be proportional to the
population of the two <component states> though at least two members must
hail from each <component state>.
7.
The Presidential Council shall strive to reach all decisions by
consensus. Where it fails to reach consensus, it shall make decisions by simple
majority of members voting unless otherwise stated in this Constitution. Such
majority must in all cases comprise at least one member from each <component
state>.
8.
The members of the Presidential Council shall be equal. Any member of
the Council shall be able to place an item on the agenda of the Council.
9.
The Presidential Council may, where appropriate, invite the [executive
heads][14] of the <component states> to participate without a vote in its
meetings.
1. The President and Vice-President of the Council shall not hail from the same <component state>.
2. The offices of the President and Vice-President of the Council shall rotate every ten calendar months among members of the Council on the basis of time spent on the Council since last serving in either office and with no more than two consecutive Presidents to come from the same <component state>. Among members of the Council who have spent equal time on the Council without having served as President or Vice-President, a lot shall be drawn, unless the members concerned agree to an order of precedence.
3. The Vice-President of the Council shall assume the duties of the President in the absence or temporary incapacity of the President.
4. The President of the Council shall convene and chair the meetings of the Presidential Council.
5. Neither the President nor the Vice President of the Council shall have a casting vote.
1.
Each member of the Presidential Council shall head a department.
2. Departments shall be attributed by decision of the Council. Where the Council is unable to reach a decision, departments shall be attributed on the basis of time spent on the Council; among members who have spent equal time, a lot shall be drawn.
3. The heads of the Departments of Foreign Affairs and European Union Affairs shall not hail from the same <component state>.
4. The heads of department shall prepare and execute decisions of the Presidential Council.
1.
The President of the Council shall represent the Presidential Council as
Head of State.
2.
In representing the Presidential Council as Head of State, the President
shall attend official functions, sign and receive credentials of diplomatic
envoys, and confer the honours of Cyprus.
3.
The President of the Council shall represent Cyprus at meetings of heads
of government, unless the Presidential Council, deciding with separate
majorities of members from each <component state>, designates another
member.
4. The heads of the relevant Departments/Secretariats/Ministries shall represent Cyprus at meetings of government ministers unless otherwise provided for by law or by agreement between the <common state> and the <component states>.
5.
Where an international meeting is likely to address vital
interests of a <component state>, and the Council representative to that
meeting hails from the other <component state>, the Council shall, upon
special request of a majority of Council members from the interested
<component state>, appoint a member from that <component state> to
accompany the Council representative, provided delegations to such meetings may
comprise more than one person.
6.
Any representative of Cyprus at international meetings
shall be bound by decisions of the Presidential Council. Where the Council has
appointed one of its members to accompany its representative in accordance with
paragraph 5 of this Article, the representative of Cyprus shall exercise any
discretion in concord with such member.
1.
A Public Service Commission composed of men and women hailing in equal
numbers from each <component state> shall have authority to appoint and
promote <common state> public servants.
It shall take its decisions in accordance with the law.
2.
The composition of the public service shall, where not otherwise
specified in this Constitution or special majority law, be proportional to the
populationof the <component
states>, though at least one-third of the public servants at every level of
the administration must hail from each <component state>.
3.
A public servant of the <common state> may not simultaneously
serve as a public servant of a <component state>.
The <common state> shall have a
police composed of an equal number of personnel hailing from each <component
state>. The <common state>
police shall control Cyprus’ border and protect <common state> officials,
buildings and property, as well as foreign dignitaries and diplomatic missions.
1.
The Central Bank
of Cyprus shall be independent and operate in accordance with European Union
requirements.
2.
It shall issue
currency, determine monetary policy and the prime lending rate, and regulate
and supervise the banking sector.
3.
The Central
Bank shall be governed by a Board of three members, one of whom shall be the
Governor. At least one member shall hail from each <component state>; the
third member may be a non-Cypriot.
4.
The Governor and
the other two members of Board shall be appointed by the Presidential Council
for a term of seven years.
5.
The law may
provide for the establishment of branches of the Central Bank in each
<component state>, and for inclusion of branch directors in the Board of
the Central Bank.
6. All decisions of the Board of the Central Bank shall be taken by simple majority.
1. The Attorney-General and the Deputy Attorney-General and the Auditor-General and the Deputy Auditor-General shall be appointed by the Presidential Council for a non renewable term of office of nine years but no longer than until their 75th birthday.
2. The Attorney-General and the Auditor-General shall not hail from the same <component state> nor shall the Attorney-General and the Deputy Attorney-General or the Auditor General and the Deputy-Auditor General.
[insert article]
[insert article]
Article 34
The Supreme Court of Cyprus
1. The Supreme Court of Cyprus shall count an equal number of judges from each <component state> among its members. The Presidential Council shall appoint the judges, for a renewable term of office of seven years, in accordance with criteria and procedures stipulated in a special majority law which shall also fix the number of judges.
2. The Supreme Court shall have exclusive jurisdiction over disputes between the <component states> and between one or both <component states> and the <common state>.
3.
The Supreme Court
shall have exclusive jurisdiction to determine the validity of any <common
state> or <component state> law under this Constitution or any
question that may arise from the precedence of Constitutional laws. Upon request of <component state>
courts or other <common state> or <component state> authorities it
may do so in the form of a binding opinion.
4.
The Supreme Court
shall be the appeals court in all other disputes on matters which involve the
interpretation of the Foundation Agreement, this Constitution, <common
state> laws (including administrative decisions of the <common
state>), or treaties binding upon Cyprus.[15]
5.
The Supreme Court
shall have primary criminal jurisdiction over offences against <common
state> law where provided by <common state> legislation.
6.
If a deadlock
arises in one of the institutions of the <common state> preventing the
taking of a decision without which the <common state> or its institutions
could not properly function, or the absence of which would result in a
substantial default on the obligations of Cyprus as a member of the European
Union, the Supreme Court may, upon application of a member of the Presidential
Council, the President or Vice-President of either Chamber of Parliament, or
the Attorney-General or the Deputy Attorney-General, take an ad interim
decision on the matter, to remain in force until such time as a decision on the
matter is taken by the institution in question. In so acting, the Supreme Court
shall exercise appropriate restraint.
7.
The Supreme Court
shall decide on the organization of its work. If it chooses to divide itself
into Chambers for the treatment of certain cases, such Chambers shall always
include an equal number of judges from each <component state>.
8.
The Supreme Court
shall strive to reach its decisions by consensus and issue joint judgments of
the Court. However, all decisions of the Supreme Court may be taken by simple
majority.
1.
Amendments of this Constitution, including the attachments which are an
integral part of it, shall be considered and adopted by the <common
state> legislature after consultation with the governments of the
<component states> and interested sectors of society.
2. After adoption by both Chambers of Parliament, proposed amendments shall be submitted to referendum for approval by separate majority of the people in each <component state>.
3.
Amendments shall enter into force 90 days after their approval, unless
the amendment otherwise provides.
1. No later than 40 days after entry into force of the Foundation Agreement, the <component states> shall elect the members of their legislatures and other popularly elected officials in accordance with the <component state> Constitution and legislation approved in referenda.
2. The newly elected members of the <component state> institutions shall assume office within ten days of their election.
1. Each newly elected <component states> legislature shall, without delay designate from among its membership 24 delegates to the <common state> Parliament. To this effect, each group in a <component state> legislature shall designate as many delegates as corresponds to its proportional strength in the legislature.
2. The transitional parliament shall exercise the constitutional functions and prerogatives of the <common state> Parliament during the first year after entry into force of the Foundation Agreement in accordance with the procedural provisions in this Constitution regarding the Senate.
3. No later than ten calendar months after entry into force of the Foundation Agreement, the senators and deputies shall be elected in accordance with this Constitution. The newly elected Parliament shall assume its functions one year after entry into force of the Foundation Agreement.
1. For a transitional period of three years, the office of the Head of State shall be vested in the Co-Presidency.
2. Upon entry into force of the Foundation Agreement, the leaders who have signed the Comprehensive Settlement on behalf of the Greek Cypriots and the Turkish Cypriots shall become Co-Presidents of Cyprus. In case of resignation or permanent incapacity of either leader, the Assembly of the relevant <component state> shall elect a replacement.
3. The Co-Presidents shall alternate every calendar month in representing the Co-Presidency as Head of State.
1. The Co-Presidents shall exercise the executive power during the first year of the transitional period in accordance with the relevant provisions for the Presidential Council. They shall act and decide by consensus.
2. The Co-Presidents shall name six Cypriot citizens to head the departments of the <common state> government during the first year of the transitional period. The heads of departments shall be confirmed by Parliament through simple majority. They shall exercise the functions of the executive, which the Co-Presidents shall delegate to them, in accordance with the procedures provided for in this Constitution for the Presidential Council.
3. One year after entry into force of the Foundation Agreement, the newly elected Parliament shall elect a Council of Ministers composed of six members. The provisions of this Constitution for the Presidential Council shall apply mutatis mutandis to the election, functioning and powers (other than those vested in the Head of State) of the Council of Ministers.
4. During a second phase of the transitional period, the Council of Ministers shall act as the Government of the <common state> of Cyprus while the functions of Head of State shall continue to be vested in the Co-Presidency.
5. Three years after entry into force of the Foundation Agreement, the Council of Ministers shall become the Presidential Council in accordance with the provisions of this Constitution, assuming also the function of Head of State, for a remaining three years, during which time the rotation period for the offices of President and Vice-President shall be six months.
During the first ten years after entry into force of the Foundation Agreement, the [executive heads][16] of the <component states> shall be invited to participate without a vote in meetings of the Council of Ministers and, later, the Presidential Council.
Within a week of entry into force of the Foundation Agreement, a transitional Supreme Court of Cyprus shall be constituted in accordance with the law. The Court shall exercise the powers provided for the Supreme Court in the Constitution until the regularly appointed Supreme Court takes office one year after entry into force of the Foundation Agreement.
The Law shall specify implementation procedures and timeframes, not exceeding [insert figure] years from the entry into force of the Foundation Agreement, for the full implementation of the provisions of this Constitution relating to the composition of the public service for the different branches of that service.
The <common state> shall assume responsibility for debts incurred prior to the entry into force of the Foundation Agreement other than debts to Greece or Turkey or debts from purchase of armaments, which shall be assumed by the relevant <component state>. Special majority law may provide for reimbursement of the <common state> by the <component states>.
Article 45 Teaching of official languages
The mandatory teaching of the official languages of the <common state> to all secondary school students prescribed in Article 7(4) shall commence no later than three years after entry into force of the Foundation Agreement.
Public property of the <common state> is listed in an attachment to this Constitution. Other public property is the property of the <component state> in which it is located.
[insert further articles]
[insert topographic map, indicating agreed <component state> boundary]
[insert image of agreed flag]
Attachment 3: Anthem of Cyprus
[insert agreed anthem]
Attachment 4: Property of the <common state>
[insert agreed list/description of property of <common state>]
Draft Annex II: Constitutional Laws
The attachments of this Annex shall be Constitutional Laws upon entry into force of the Foundation Agreement, able to be amended in accordance with the Constitution.
Attachment 1: Constitutional law on the elaboration and adoption of constitutional laws
[insert text]
Attachment 2: Constitutional Law on police matters and the Joint Investigation Agency
Article 1 <component state> police
Each <component state> police may not number more than 700 police personnel plus five police personnel per thousand <component state> inhabitants. <component state> police may only carry weapons appropriate for normal police civilian duties.
Article 2 Joint Investigation Agency
There shall be a Joint Investigation Agency comprising <common state> and <component state> police personnel, hailing in equal numbers from each <component state>, and reporting to the Attorney-General of the <common state>. It shall combat terrorism, drug trafficking, money laundering and organised crime. It shall also investigate alleged violations of police duties by <common state> or <component state> police, or of Article 6(3) and (4) of the Constitution, upon request of any <common state> or <component state> authority.
The Joint Investigation Agency and the <common state> police shall cooperate with each other and with the police of the <component states> pursuant to the Cooperation Agreement on police matters between the <common state> and the <component states>.
[insert further articles]
Attachment 3: Constitutional Law on internal <component state> citizenship status
1. Upon entry into force of the Foundation Agreement, Cypriot citizens shall automatically be afforded the internal <component state> citizenship status of the <component state> which at that time administers the territory where they reside.
2. Cypriots residing abroad shall be afforded the internal <component state> citizenship status of the Greek Cypriot <component state> if they or their forebears belonged to the Greek Cypriot community before 1974, or the internal <component state> citizenship status of the Turkish Cypriot <component state> if they or their forebears belonged to the Turkish Cypriot community before 1974.
Article 2 Acquisition of internal <component state> citizenship status
1. Persons acquiring Cypriot citizenship shall also acquire the internal <component state> citizenship status of the <component state> in which they reside, provided they have resided there for seven years preceding their naturalisation. If this requirement is not fulfilled, they shall acquire the internal <component state> citizenship status of the <component state> in which they have resided longer.
2. Any Cypriot citizen who has been resident in a <component state> for any seven consecutive years shall be entitled to apply for the internal <component state> citizenship status of that <component state>.
Article 3 Exercise of political rights at the <component state> level
A <component state> may restrict, within the limits of European Union law and this Constitution, the exercise of political rights at its level to persons holding its internal <component state> citizenship status.
Article 4 Supreme Court injunctions on entry or residence
A <component state> may apply to the Supreme Court of Cyprus for an injunction barring a person who does not hold its internal <component state> citizenship status from entering or residing in that <component state>. The Supreme Court shall grant the injunction if the relevant person has been, or is actively engaged, in acts of violence or incitement to violence and his/her presence in that <component state> would be a danger to public safety or public order.
Article 5 Permissible limitation on residency of non-Cypriots
The <component states> may, within the limits of international law, European Union law and this Constitution, establish rules and regulations on establishment of residence by non-Cypriots more restrictive than those of the <common state>.
Article 6 Permissible limitation on residency of Cypriots
A <component state> may restrict the right to reside of Cypriot citizens who do not hold its internal <component state> citizenship status, if the number of such residents has reached one-third of the total population of a municipality or village.
Article 7 Permissible transitional limitations on residency
1.
Without prejudice to the provisions of the above Article, <component
states> may, during a transitional period of 20 years after entry into force
of the Foundation Agreement, further restrict the establishment of residence,
on a non-discriminatory basis, of Cypriot citizens who do not hold the relevant
internal <component state> citizenship status, if the number of such
residents has reached a certain percentage of the total population of a
municipality or village; the relevant percentage shall be 1% for the first year
after entry into force of the Foundation Agreement, and shall rise by 3% for
each three year period thereafter.
2.
Within the permissible limit, priority shall be given first to persons
to whom properties have been reinstated by order of the Property Board, and
their families; second to other persons who were inhabitants of the relevant
municipality or village before 1963 or 1974 respectively, and their families;
and third to the heirs of either category of persons.
3.
There shall be no limitations for establishment of residence by former
inhabitants and their descendants in the Tillyria villages of
Amadhies/Gunebakan, Limnitis/Yeşilyirmak, Selemani/Suleymaniye, Xerovounos/Kurutepe and Agios
Georgios/Madenlikoy, the Maronite villages of Agia Marina/Gűrpinar,
Asomatos/Özhan, Karpasha/Karpaşa and Kormakiti/Koruçam, the Mesaoria villages of Pyla and [insert other villages with more
than 20% Turkish Cypriots in 1960 should they fall within the area of
territorial adjustment] and the Karpas villages of Rizokarpaso/Dipkarpaz,
Agialousa/Yeni Erenköy, Agia Trias/Sipahi, Melanarga/Adacay.[17]
[insert further articles]
Draft Annex III: <Common state> Legislation upon entry into force of the Foundation Agreement
The attachments to this Annex shall be <common state> legislation upon entry into force of the Foundation Agreement, able to be amended in accordance with the Constitution.
Attachment 1: Law on the anthem, flag, insignia and honours of Cyprus (and their use)
[insert text]
Attachment 2: Law on conduct of external relations
Article 1 Composition of diplomatic missions of Cyprus
1. The heads of mission of Cyprus to the United Nations in New York, the United Nations in Geneva, the European Union, Greece, Turkey, the United Kingdom, France, the United States, Russia and China shall hail in equal numbers from each <component state>.
2. This Article shall be fully implemented no later than [three] years after entry into force of the Foundation Agreement.
[insert further articles]
Attachment 3: Law on conduct of European Union relations
[insert text]
This Law determines the conditions for the acquisition [and loss] of Cypriot citizenship, in accordance with the terms of the Foundation Agreement, the Constitution and international and European Union standards.
Article 2 [Dual citizenship]
[insert article, if any.]
1. Upon entry into force of the Foundation Agreement, the following persons shall be considered citizens of Cyprus:
a. Any person who held Cypriot citizenship in 1960 and his or her descendants;
b. Any 18 year old person who was born in Cyprus and has permanently resided for at least seven years in Cyprus;
c.
Any person who is married to a Cypriot citizen and has permanently
resided for at least two years in Cyprus; and
d. Minor children of the persons in the above categories who are permanently residing in Cyprus.
2.
[In addition to the above, persons whose names figure on a list agreed
by the parties to the Comprehensive Settlement shall be considered citizens of
Cyprus upon entry into force of the Foundation Agreement. Persons shall be listed with their spouses
and children, unless there are specific reasons preventing such spouses and
children from being considered citizens of Cyprus.]
Cypriot citizenship is
acquired in accordance with the provisions of this law:
a. Automatically by birth, where either parent is a Cypriot citizen;
b.
By naturalisation; or
c.
[insert additional articles, if any].
Article 5 Acquisition by naturalisation
A foreigner may submit a request for acquisition of Cypriot citizenship if s/he fulfils the following conditions:
a. S/he has reached 18 years of age;
b. S/he has legally resided permanently in Cyprus for at least seven consecutive years before submitting a request;
c. [S/he has knowledge of one of the official languages of Cyprus];
d. S/he is not the object of a security measure or a protective measure to remove him/her from Cyprus undertaken by an authority of the <common state> or the <component states> in accordance with their respective laws; and
e. S/he was not sentenced to a term of imprisonment for a premeditated criminal act for longer than one year within seven years of the submission of the request.
Article 6 Acquisition by facilitated naturalization
Cypriot citizenship may be acquired through facilitated naturalisation:
a. Upon request, by spouses of persons who have or acquire Cypriot citizenship in accordance with these provisions, provided they have been married for at least two years; or
b. Automatically by minor children of persons who acquire Cypriot citizenship in accordance with these provisions.
Article 7 Loss of Cypriot citizenship
[insert article, if any]
1. The Citizenship Board shall issue passports to Cypriot citizens in accordance with these provisions.
2. During an interim period of [insert number of days], the Citizenship Board shall stamp travel documents of citizens issued prior to entry into force of the Foundation Agreement, testifying to the recognition of these documents by Cyprus.
Article 9
The Citizenship Board
1. The Citizenship Board shall be composed of three persons hailing from each <component state> and the chairs shall rotate on an annual basis.
2. For the first two years of its operation, the Citizenship Board shall, in addition, comprise two non-Cypriots who are not citizens of Greece, Turkey or the United Kingdom. The non-Cypriots may simultaneously serve on the Aliens Board.
3. The members of the Citizenship Board shall be appointed by the Presidential Council and confirmed by Parliament by special majority.
Article 10
Implementation of this law
1. The Citizenship Board shall be entrusted with the implementation of this law and shall adopt rules and regulations for this purpose.
2. The Citizenship Board shall appoint and supervise agents who shall process requests relating to Cypriot citizenship, in accordance with this law and its rules and regulations.
Article 11
Review of decisions on citizenship
1. There shall be a right of appeal to the Citizenship Board from decisions by agents of the Board regarding citizenship.
2. Decisions of the Citizenship Board are subject to review by the Supreme Court.
Article 12 Transitional rules and regulations
Until the <common state> Parliament adopts detailed rules and regulations governing citizenship, the Citizenship Board shall adopt such rules and regulations in accordance with these provisions and the abovementioned international instruments, bearing in mind the obligations of Cyprus under the Treaty of Accession to the European Union.
[insert further articles]
Attachment 5: Law on aliens, immigration and asylum
This Law prescribes the conditions for residency, immigration and asylum, in accordance with the terms of the Foundation Agreement, the Constitution and international and European Union standards.
Article 2 Entry and residency rights of Greek and Turkish nationals
1. Cyprus shall grant equal treatment to Greek and Turkish nationals with respect to entry and residency rights to the extent permissible under European Union law and the conditions of accession of Cyprus to the European Union.
2. The Aliens Board shall not authorise further immigration of Greek nationals if the number of permanently resident Greek nationals has reached 10 % of the number of resident Cypriot citizens who hold the internal <component state> citizenship status of the Greek Cypriot <component state> nor shall it authorize further immigration of Turkish nationals if the number of permanently resident Turkish nationals has reached 10% of the number of resident Cypriot citizens who hold the internal <component state> citizenship status of the Turkish Cypriot <component state>. For the purpose of this Article, persons who are citizens of both Cyprus and Greece or Turkey shall be counted as citizens of Cyprus only.
3. Upon entry into force of the Foundation Agreement, the Aliens Board shall authorize the <component states> to grant permanent residency rights to nationals of Greece and Turkey up to the level agreed in the previous paragraph.
The Aliens Board shall grant asylum in accordance with the 1951 Geneva Convention on the Status of Refugees and its 1967 Protocol, the 1997 Dublin Convention on Asylum Seekers, the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols which are in force for Cyprus, as well as other relevant international instruments in force for Cyprus.
1. The Aliens Board shall be composed of three persons hailing from each <component state> and the chairs shall rotate on an annual basis.
2. For the first two years of its operation, the Aliens Board shall, in addition, comprise two non-Cypriots who are not citizens of Greece, Turkey or the United Kingdom. The non-Cypriots may simultaneously serve on the Citizenship Board.
3. The members of the Aliens Board shall be appointed by the Presidential Council and confirmed by Parliament by special majority.
Article 5
Implementation of this law
1. The Aliens Board shall be entrusted with the implementation of this law and shall adopt rules and regulations for this purpose.
2. The Aliens Board shall appoint and supervise agents who shall process requests relating to immigration, asylum, deportation or extradition in accordance with this law and its rules and regulations.
Article 6
Review of decisions on immigration, asylum, deportation and extradition
1. There shall be a right of appeal to the Aliens Board from decisions by agents of the Board regarding immigration, asylum, deportation or extradition.
2. Decisions of the Aliens Board are subject to review by the Supreme Court.
Article 7 Transitional rules and regulations
Until the <common state> Parliament adopts detailed rules and regulations governing immigration, asylum, deportation and extradition, the Aliens Board shall adopt such rules and regulations in accordance with these provisions and the abovementioned international instruments, bearing in mind the obligations of Cyprus under the Treaty of Accession to the European Union.
[insert further articles]
Attachment 6: Law on the Central Bank
Part I: Transitional Provisions
Article 1 Exchange of deposits of citizens and residents of Cyprus
The Central Bank of Cyprus shall exchange deposits held by citizens and residents of Cyprus in Turkish lira in banks in Cyprus into Cyprus pounds at the rate at which the Bank of Turkey shall credit the relevant amounts to the Bank of Cyprus in Euros.
[insert further articles]
Attachment 7: Law on <common state> taxation and finances
Article 1 Transfer to <component states>
1. The <common state> shall confer upon the <component states>, in proportion to their population, no less than 50% of revenue from indirect taxation which is not transferred to the European Union.
2. The <common state> shall spend no less than 5% of revenue from indirect taxation which is not transferred to the European Union to finance cooperative endeavours between the <component states> or between municipalities located in different <component states>.
[insert further articles]
Attachment 8: Law on <common state> budget
Article 1 Carry over of previous budget
If Parliament is unable to approve a budget before the beginning of the fiscal year, the budget of the previous year, adjusted by inflation minus 1%, shall be carried on to the next fiscal year, unless the Supreme Court in the exercise of its deadlock resolving power decides otherwise.
[insert further articles]
Attachment 9: Law on international trade, customs and excise
[insert text]
Attachment 10: Law on aviation and airspace management
[insert text; text shall take into account the vital interests and legitimate concerns of neighbouring states, the geographical position of the island of Cyprus in the Eastern Mediterranean, the terms of treaties binding on Cyprus upon entry into force of the Foundation Agreement, and the relevant principles and rules of international law]
Attachment 11: Law on international navigation, territorial waters, and continental shelf
[insert text; text shall take into account the vital interests and legitimate concerns of neighbouring states, the geographical position of the island of Cyprus in the Eastern Mediterranean, the terms of treaties binding on Cyprus upon entry into force of the Foundation Agreement, and the relevant principles and rules of international law]
Attachment 12: Law on postal services
[insert text]
Attachment 13: Law on communications
[insert text]
Attachment 14: Law on meteorology
[insert text]
Attachment 15: Law on weights and measures
[insert text]
Attachment 16: Law on intellectual property
[insert text]
Attachment 17: Law on antiquities
[insert text]
Attachment 18: Law on election to popularly elected <common state> offices
[insert text]
Attachment 19: Law on <common state> administration
[insert text]
Attachment 20: Law on <common state> police
[insert text]
Attachment 21: Law on legislative procedure and on procedure for amendments of the Constitution
[insert text; should include, inter alia, regulation of procedure for consultation of <component state> governments and other interested sectors of society.]
Attachment 22: Law on administration of justice
Article 1 Judges of the Supreme Court
1. The Supreme Court judges shall not hold any other public office in the <common state> or either <component state>.
2. The judges shall not serve beyond their 75th birthday.
3.
The Presidential Council shall appoint the judges from among the
candidates listed by the Judiciary Board, three judges hailing from each of the
<component states> and three non-Cypriot judges who shall not be citizens
of Greece, Turkey or the United Kingdom.
4.
In case of a vacancy, the Presidential Council shall appoint a
replacement for the remainder of the term of office upon suggestion of the
Judiciary Board, without altering the composition of the Court as prescribed in
this Article.
The Supreme Court Judges shall elect from among their number a Chief Justice for a renewable three-year term of office.
The Chief Justice shall be considered the most senior Supreme Court judge. Among the other judges, seniority shall be determined firstly by time served in office and by age in case of equal time served.
1. The Judiciary Board shall comprise the three most senior <common state> Supreme Court judges, each being the most senior of the group of judges from each of the <component states> and the non-Cypriot judges respectively; the Attorney-General and Deputy Attorney-General of the <common state>; and the Attorney-General, the head of the highest court and the President of the Bar Association of each <component state>.
2. If the most senior judge from any group in the transitional Supreme Court is also the head of the highest <component state> court, the second most senior judge from the relevant group shall take his/her place on the Judiciary Board.
3. The Judiciary Board shall decide on a list of names by a two-thirds majority.
Article 5 Partial periodic renewal of the Supreme Court
1. To ensure partial periodic renewal of the Supreme Court, the terms of office of the original members shall be as follows:
a. Three years for one judge from each <component state> as well as one non-Cypriot judge;
b. Six years for one judge from each <component state> as well as one non-Cypriot judge; and
c. Nine years for one judge from each <component state> as well as one non-Cypriot judge.
2.
If the
judges in each group cannot agree among themselves who shall hold each term of
office, a lot shall be drawn among each group of judges.
Article 6 Transitional Supreme Court
1. The Co-Presidents shall appoint the members of the transitional Supreme Court from a list of candidates submitted by the transitional Judiciary Board and in accordance with the proportions stipulated in this law.
2. The provisional Judiciary Board to suggest the candidates for the transitional Supreme Court shall be composed of the Attorney-General, the head of the highest court and the President of the Bar Association of each <component state>.
3. The Cypriot judges may maintain any functions as <component state> judges during their one-year term of office on the transitional Supreme Court to the extent that their tasks at the Supreme Court shall allow it. They shall give priority to their tasks as judges of the Supreme Court of Cyprus.
4. The non-Cypriot judges on the transitional Supreme Court shall be remunerated like judges of the International Court of Justice.
[insert further articles]
Attachment 23: Law on <common state> offences
[insert text; i.e. criminal code on terrorism, drug trafficking, money laundering, organized crime and offences against <common state> laws]
Draft Annex IV: Cooperation Agreements between <common state> and <component states> upon entry into force of the Foundation Agreement
The attachments to this Annex shall be Cooperation Agreements between the <common state> and the <component states> upon entry into force of the Foundation Agreement. These agreements may be amended by agreement of the <common state> and both <component states>.
Attachment 1: Cooperation Agreement on external relations
[insert text]
Attachment 2: Cooperation Agreement on European Union relations
This agreement regulates decision-making and representation of Cyprus in European Union matters which predominantly or exclusively fall within the competence of the <component states>.
The <common state>shall inform the <component states> without delay on all issues relating to European integration in areas of competence of the <component states>. This duty shall include the transmission of:
a. Documents, reports, and notices of the organs of the European Union;
b. Documents, reports, and notices on informal meetings at ministerial level;
c. Documents and information on cases pending before the European Court of Justice; and
d. Reports of the permanent representation of Cyprus to the European Union.
1. In matters referred to in Article 1, the <common state> shall consider opinions of the <component states> given in due time. In case of consistent opinion of both <component states> given in due time, this opinion shall be legally binding on the <common state> in negotiations and voting. The <common state> may only deviate from this opinion if there are mandatory reasons with regard to foreign affairs.
2. In the case of persistent inconsistencies in matters referred to in Article 1, coordination with respect to the position of the <common state> shall be undertaken by the Coordination Group. The Coordination Group shall comprise a representative each of the members of the Presidential Council in charge of Foreign Affairs and European Union relations, and representative of each <component state>. The decisions of the Coordination Group shall be binding on the relevant representative in the European Union.
3. The position taken by the Coordination Group may be changed only in exceptional circumstances. If the position taken by the Coordination Group needs to be urgently adapted in the course of a meeting of a European Union organ, the respective representative shall immediately inform the Coordination Group. If a revised decision of the Coordination Group cannot be obtained in time, the representative of Cyprus shall adhere ad referendum to the position most likely to address the general interests of Cyprus as a whole. A final position shall be notified to the European Union within 48 hours.
1. Cyprus may be represented in the European Union either by a representative of the <common state> or a representative of a <component state>.
2. The representatives shall be appointed by the Presidential Council upon suggestion of the Coordination Group.
3. The representatives of Cyprus in the Council of the European Union shall be notified to its General Secretariat. Such representatives attending meetings shall have the exclusive right to make legally binding declarations.
1. In case of an unlawful act or failure to act of organs of the European Union or another member state concerning matters in the areas of competence of the <component states>, Cyprus shall bring an action before the European Court of Justice upon request of the <component state>. Such request is to be addressed to the Presidential Council and shall include all information relevant to a legal action before the European Court of Justice.
2. The costs of such legal action shall be borne by the <component state> requesting the action.
The <common state> and the <component states> shall adapt this Agreement by consensus to take account of further developments of European integration or other needs that may arise.
Prior to Cyprus exercising the Presidency of the European Union, the Coordination Group shall propose specific modalities to the Presidential Council.
Article 8
Disputes resulting from the application of this agreement
Any dispute resulting from the application of this Agreement shall be decided by the Supreme Court of Cyprus.
[insert further articles]
Attachment 3: Cooperation Agreement on police matters
[insert provisions on cooperation arrangements between <component state> police, between <component state> police and <common state> police, and regarding joint investigation agency; these provisions should create a cooperation committee; they should, inter alia, address the issue of hot pursuit]
Draft
Annex V: List of International Treaties binding on
Cyprus upon entry into force of the Foundation Agreement
[insert list of treaties; Charter of the United Nations, Treaty of Establishment, Treaty of Guarantee and Treaty of Alliance shall be included in the list; further treaties shall be listed in accordance with the following guidelines:
· There shall be a presumption of inclusion of all multilateral instruments and all bilateral instruments, other than with Greece and Turkey; either side may raise objections with respect to a specific instrument provisionally listed on grounds of incompatibility with the Comprehensive Settlement or the Foundation Agreement;
· Instruments with Greece and Turkey in areas not related to defence shall be examined and, unless incompatible with the Comprehensive Settlement or the Foundation Agreement, shall be included in the list;
· Instruments with Greece and Turkey on defence matters shall not be included in the list, unless otherwise agreed.]
Draft Annex VI: Territorial Arrangements
Article 1 Delineation of <component state> boundaries
1. The boundaries of the <component states> shall be as depicted in the attached map.
2. [insert text describing in detail the course of the agreed boundary]. Any inconsistency between this description and the map shall be decided by consensus by a committee, or, where they are unable to reach consensus, by the Supreme Court of Cyprus.
3. The committee shall comprise [insert figure] representatives of each <component state> and at least one non-Cypriot. The committee shall be appointed upon entry into force of the Foundation Agreement, and shall demarcate the boundary on the ground.
Article 2 Access and connecting roads
[indicative text to be modified in accordance with agreed map]
Applying to both suggested maps:
1. Civilian traffic on direct connecting roads between the main part of a <component state> and a non-contiguous part, as well as on direct connecting roads through a non-contiguous part of a <component state>, may only be restricted pursuant to an injunction of the Supreme Court.
2. The road connecting Pyrogi and Athienou is under the territorial administration of the Greek Cypriot <component state> for its entire length. The Turkish Cypriot <component state> shall be entitled to construct an underpass or overpass for access to Louroujina/Akincilar.
3. The Greek Cypriot <component state> shall be entitled to construct a road under its territorial administration between Kontea and Kalopsida, across the territory administered by the Turkish Cypriot <component state> south of Köüklia and to expropriate the necessary land in exchange for full and effective compensation, in cooperation with the Turkish Cypriot <component state>. The <component states> shall agree on the location of any necessary underpasses or overpasses to be built at the expense of the Greek Cypriot <component state>.
Applying to map A only:
4. The road connecting north Nicosia and Famagusta is under the territorial administration of the Turkish Cypriot <component state> for its entire length. The Greek Cypriot <component state> shall be entitled to construct three underpasses or overpasses for access to Pyrga, Stylloi and Egkomi.
[insert text on agreed sharing of natural water resources between the <component states> in light of territorial arrangements]
Article 4 Phasing of territorial adjustment
1. Areas within the agreed territorial boundaries of a <component state> which are subject to territorial adjustment, while legally part of that <component state> upon entry into force of the Foundation Agreement, shall be administered during an interim period no longer than three years by the other <component state>, by which time, administration shall have been completely transferred.
2. Administration shall be transferred in agreed phases as depicted on the attached map. Transfer shall begin 90 days after entry into force of the Foundation Agreement with the transfer of administration of the following largely uninhabited areas contiguous with the remainder of the relevant <component state>: [insert description of areas]. Remaining areas shall be transferred as follows: [insert transfer timeframes and arrangements for remaining areas].
3.
The <component states> shall render full cooperation to the United
Nations which, in conformity with its mandate, shall supervise activities
relating to the transfer of areas subject to territorial adjustment and contribute
to the maintenance of a secure environment.
4. During the phasing period, the areas under the administration of the Greek Cypriot <component state> and the Turkish Cypriot <component state> shall be clearly marked as follows: [insert text]. During this period, the agreed crossing points shall be as follows: [insert text]
The following
special arrangements shall safeguard the rights and interests of current
inhabitants of areas subject to territorial adjustment, and provide for orderly
relocation to adequate alternative accommodation in appropriate locations where
adequate livelihoods may be earned:
a.
[insert
text]
Properties located in areas subject to territorial adjustment shall be handled in accordance with the provisions of Attachment 4 of Annex VII.
Attachment 1: Map of territorial adjustment
Draft Annex VII: Treatment of Property affected by Events since 1963
Part I: General articles.................................................................................................... 74
Part II: Regulation of exercise of property
rights......................................... 74
Section A: Compensation........................................................................................................... 75
Section B: Reinstatement
into possession................................................................................... 76
Section C: Sale, exchange and long-term lease........................................................................ 77
Part III: Loss of use.............................................................................................................. 78
Part IV: Judicial review....................................................................................................... 78
Part V: Amendment............................................................................................................... 78
Attachment 1: Definitions................................................................................................ 79
Attachment 2: Cyprus Property board and
compensation arrangements 81
Section A: Establishment, operation, powers, staff
and costs of Cyprus Property Board............ 81
Section B: Handling of property transferred to or via the Property Board.................................. 84
Section C: Decision-making and claims for affected property..................................................... 84
Section D: Assistance with sale, exchange or lease.................................................................. 86
Section E: Compensation fund and bonds.................................................................................. 87
Attachment 3: Measures in favour of current
users...................................... 88
Section A:
Extension of deadlines for vacating affected
property.............................................. 88
Section B: Preferential loans..................................................................................................... 88
Section C: Right of first refusal................................................................................................... 89
Attachment 4: Property located in areas
subject to territorial adjustement 90
1. The provisions in this Annex and its attachments deal with properties which were affected as a consequence of intercommunal strife, military action or the unresolved division of the island between December 1963 and entry into force of the Foundation Agreement and introduces an extraordinary regime to deal with these properties. The provisions in this Annex and its attachments will continue to apply to such properties until all matters covered by these provisions have been closed by the Property Board or the Supreme Court.
2. Terms used in this Annex and its attachments are defined in Attachment 1.
3.
Provisions of this Annex and its attachments shall be referred to
hereinafter as ‘these provisions’.
Article 2
The Cyprus Property Board
These provisions, unless
otherwise stated, shall be implemented by the Cyprus Property Board. Its composition, powers and procedures, as
well as the obligations of the <common state> and the <component
states> in relation to it, are further regulated in Attachment 2.
Article 3
Property in areas subject to territorial adjustment
Property located in areas subject
to territorial adjustment is regulated by Attachment 4. Where there are no specific provisions in
Attachment 4, the other provisions of this Annex shall apply.
1. The Churches and Evkaf shall be entitled, without exception and within three years of entry into force of the Foundation Agreement, to reinstatement of any affected property owned by them which was used as a religious site in 1963 or 1974.
2. This Article shall not limit the right of Churches and Evkaf to claim compensation in lieu of reinstatement for any affected property under these provisions.
Part II: Regulation of exercise of property
rights
Article 5
Suspension of dealings, proceedings or alterations with respect to
affected property
1. Any transaction, dealing, or any proceeding in any court or legal or administrative body, or any physical alterations (apart from minor or emergency maintenance), with respect to any affected property shall be suspended or prohibited upon entry into force of the Foundation Agreement, until the Property Board:
a. Authorises such dealing, proceeding or physical alteration to continue or occur;
b.
Refers the dealing or proceeding to another competent court or
authority; or
c.
Makes a final determination in relation to the property.
2. The <common state> and the <component states> shall, pursuant to Article 37 of the European Convention of Human Rights, request the European Court of Human Rights to strike out any proceedings currently before it concerning affected property.
Article 6 Claims and applications
1. A dispossessed owner shall be entitled to claim compensation for his/her title to property or the reinstatement of his/her property or apply for assistance in arranging the sale, long-term lease or exchange of his/her property.
2. Current users of affected properties who are themselves dispossessed owners or persons who own significant improvements to affected properties may apply to receive title to such properties.
3. Current users of properties to be reinstated may apply to benefit from the special measures detailed in Attachment 3.
4. All such claims and applications shall be made to the Property Board within the time limit specified and shall be processed and determined in accordance with these provisions.
5. All payments required as a condition for the transfer of title or reinstatement shall be made to the Property Board within three years of the relevant decision of the Property Board, unless the decision specifies an earlier date. Transfer of title or reinstatement shall not take effect until all stipulated payments are made in full. Failure to make payments within the specified period may result in loss of or modifications to rights with respect to the property.
Article 7 Liability for damage
Persons responsible for serious damage to or destruction of properties shall be liable to the dispossessed owner and/or the Property Board for the cost of the damage up to the market value of the property. In addition, the Property Board may fine such persons and take other punitive measures, including modifying decisions previously made in their favour.
Article 8
Entitlement to full and effective compensation
1. Any dispossessed owner shall be entitled to claim full and effective compensation as determined by the Property Board in accordance with international standards (hereinafter referred to as "compensation") in exchange for transfer of title to the affected property to the Property Board.
2.
Entitlements to compensation shall be assessed and paid by the Property
Board at current value.
3.
Compensation shall be paid in the form of compensation bonds drawn on a
compensation fund. The establishment of the Compensation Fund, issuing and use
of bonds shall be regulated by the provisions in Attachment 2.[18]
4. Dispossessed owners of properties which, according to the following provisions, are not eligible to be reinstated shall be entitled to compensation.
Article 9
Property owned by institutions
Title to affected properties, other than religious sites, which are owned by institutions shall be transferred to the
Property Board in exchange for compensation.
Article 10
Property used for public benefit purposes
Title to an affected property which is being used
for a purpose in the public benefit upon entry into force of the Comprehensive
Settlement which objectively justifies compulsory acquisition shall be
transferred to the <common state> or the relevant <component state>
in exchange for payment of the current
value by the relevant authority to the dispossessed
owner through the Property Board.
Article 11
Property required for military purposes
Title to any affected property which is specified in
the Additional Protocols to the Treaty of Alliance, or any attachment thereto,
as being required for military purposes shall be transferred to the
<component state> in which it is located, in exchange for payment by the
relevant <component state> of the current
value through the Property Board.
Article 12
Property currently used by dispossessed owners
1. A dispossessed owner who is the current user of an affected property of similar current value to a property of which s/he was dispossessed and has been using the affected property on a continuous basis for at least ten years, may apply to the Property Board to receive title to that property in exchange for title to the property of which s/he was dispossessed.
2. The application shall be granted if the current value of the affected property no greater than 50% more than the current value of the property of which s/he was dispossessed.
3. If the current value of the affected property is more than 50% greater than the current value of the property of which the current user was dispossessed, the Property Board shall assist the dispossessed owner and the current user to reach an amicable agreement. If this fails, the Property Board may grant or refuse the exchange, taking into account the arguments of both sides, or partition the property as appropriate.
4.
If the current value of the affected property is less than that of
the property of which the current user was dispossessed, s/he may
claim compensation for the difference in value.
5. If the current value of the affected property is more than the current value of the property of which the current user was dispossessed, s/he shall pay the difference to the Property Board prior to the transfer of title.
Article 13
Property currently used by subsequent purchasers from dispossessed
owners
1. Any purchaser (or his/her successors in title) of an affected property, which was assigned to a dispossessed owner (hereinafter "the vendor") and was of a similar current value to a property of which the vendor was dispossessed, shall have the same rights and obligations as the vendor would have had according to Article 11 with respect to the affected property, provided that s/he and the vendor and any predecessors in title have collectively been current users of the affected property on a continuous basis for at least ten years. Title to the property shall be transferred to the Property Board; if the current value of the affected property is less than that of the property of which the vendor was originally dispossessed, the vendor may claim the difference in compensation.
2. The above provision does not apply if the Property Board cannot obtain title to the property of which the vendor was dispossessed because the vendor has already legally disposed of it.
Article 14
Significantly improved property
The owner of a significant improvement to an affected property may apply to receive title to that property, in exchange for payment of the current value of the affected property without the improvement. The Property Board shall order transfer of title after payment of compensation to the dispossessed owner at the current value for his/her interest in the property.
Section B: Reinstatement into possession
Article 15 Eligibility for reinstatement
Affected properties which do not fall into the above categories shall be generally eligible to be reinstated.
Article 16
Agreed levels of reinstatement
1. In either <component state>, no more than X%, and in any given municipality or village, no more than Y%[19] of the total land area and of the number of residences shall be reinstated to persons hailing from the other <component state>.
2.
Eligible claimants shall be awarded reinstatement
based on priority in descending order of age, until the agreed levels are
reached.
3. These limitations shall not apply to religious sites or to villages which were predominantly inhabited by Maronites in 1974 or the Karpas villages of Rizokarpaso/Dipkarpaz, Agialousa/Yeni Erenköy, Agia Trias/Sipahi, Melanarga/Adacay.[20]
Article 17 Moratorium for reinstatement
No order of the Property
Board shall require reinstatement of affected property to a dispossessed owner before a date which
is:
a. Three years after the Foundation Agreement enters into force, for property which is vacant at that date; or
b.
Five years after the Foundation Agreement enters into force, in all
other cases.
Article 18
Improvements on reinstated property
1. The owner of any improvement worth more than 10% of the current value of a property to be reinstated may apply for compensation for his/her interest in the property, which shall be paid by the Property Board on the basis of the market value of the improvement.
2.
The dispossessed owner shall
be entitled to retain any improvement on the affected property after reinstatement,
provided s/he pays the market value
of the improvement to the Property Board.
3. The dispossessed owner shall not be required to make such a payment if s/he satisfies the Property Board that the improvement is inappropriate for or irrelevant for his/her intended future use of the property for his/her own purposes, provided the intended future use is more or less similar to its use prior to dispossession. If the Property Board subsequently finds that the dispossessed owner or any successor in title makes use of the improvement, the Property Board may pursue him/her to recover the amount of compensation paid to the owner of the improvement under paragraph 1 of this Article.
Section C: Sale, exchange and long-term lease
Article 19
Option to sell, exchange or lease
1. Properties eligible for reinstatement may be sold, exchanged or leased on a long-term basis (20 years or longer) to current users or other people hailing from the <component state> in which the property is located, at any time prior to the final determination on reinstatement, in accordance with these provisions.
2.
Dispossessed owners and current users may seek
the assistance of the Property Board with the sale, exchange or lease of such properties.
Article 20
Incentives for dispossessed owners to sell, exchange or lease
Dispossessed owners shall be offered incentives to sell, exchange or lease on a long-term basis their properties according to Article 18, including:
a. Exemptions for such properties from being counted for the purposes of determining when agreed levels of reinstatement have been reached;
b. Exemptions from taxes, governmental fees, charges and duties payable on signing of instruments, or on completion and registration of transfers or leases of such properties;
c.
Exemptions or substantial reductions in taxes on capital gains derived
from transfers or from rental income under such leases;
d.
Exemptions from any incidental taxes, governmental fees, charges and duties
relating to sale, exchange or lease of such properties;
e.
Exemptions from property taxes
for the duration of such leases; and
f.
Such other additional incentives as the <common state> and the
<component states> may choose to provide.
Article 21
Compensation for loss of use
Any claims for compensation for loss of use of an affected property for any period commencing with dispossession shall be considered by the <component state> from which the claimant hails, taking into account:
a.
Benefits
previously enjoyed by the dispossessed
owner on the grounds of his/her displacement; and
b.
Any entitlements received by or payable to the dispossessed owner, whether before or after the Foundation
Agreement, for the period of lost use.
1. A Property Court shall be established with power to conduct final judicial review of decisions of the Property Board.
2.
The Property Court shall be composed of an uneven number of judges. This
number shall be specified by the Chief Justice of the Supreme Court after
consultation with members of the Supreme Court, and shall include an equal
number of judges from each of the <component states> and no less than three
non-Cypriot judges who are not citizens of Greece, Turkey or the United
Kingdom. The Chief Justice and judges of the Property Court shall be chosen in
the same manner and for the same term of office as judges of the Supreme Court,
unless the Supreme Court decides otherwise.
3.
Decisions of the Property Board shall not be subject to appeal or
challenge in any <component state> court or otherwise, except by way of
judicial review by the Property Court in accordance with the law and these
provisions.
4.
Decisions of the Property Court shall not be subject to further review
or appeal to the Supreme Court.
5.
An application for judicial review of a Property Board decision may be
made to the Property Court by any party with a legal interest in the decision
or the property in question, within
60 days of publication of the decision by the Property Board in accordance with
its rules.
6.
The Property Court shall have power to levy fees upon parties for
procedural steps in initiating and contesting matters before it.
7.
The Property Court shall continue in operation until such time as the
Supreme Court may decide to assume its functions.
1. These provisions may be amended by the executive heads of the <component states> acting by consensus and with the approval of the legislatures of both <component states>.
2.
The text of any proposed amendment shall be agreed between the executive
heads of the <component states> and submitted in identical form to each
<component state> legislature. It shall come into force 30 days after its
approval by both legislatures.
Attachment 1: Definitions
In Annex VII and its attachments, the following terms are defined as:
1. Affected property – immovable property in Cyprus which the owner, being a natural or legal person, left or of which s/he lost use and control as a consequence of intercommunal strife, military action or the unresolved division of the island between December 1963 and entry into force of the Foundation Agreement, and which has not since been reinstated to the owner, and over which s/he has not regained use and control. Affected property shall not include any property which was voluntarily sold, transferred or otherwise permanently disposed of by the owner, including through compulsory acquisition or expropriation (provided such compulsory acquisition or expropriation was carried out in accordance with international standards, including through payment of full and effective compensation). The onus of proof of any such voluntary transfer or lawful expropriation shall lie with the transferee or his/her successor in title. In the absence of evidence to the contrary for the individual case in question, dispossession shall be presumed to have been unlawful and/or involuntary.
2.
Alternative accommodation – residential housing for people affected by the return and reinstatement of owners, who satisfy
eligibility requirements. Such accommodation shall at least be of a level which
is comfortable by reasonable modern standards (including being connected to
public utilities where available, such as water and electricity); provides a
reasonable ratio of living space for the number of household members which it
must accommodate; is no less than [insert minimum number of square metres for
an individual and minimum number of square metres for each additional person];
and, where practicable, is comparable to the residence which the recipient is
vacating or which s/he possessed prior to his/her displacement (up to a maximum
standard to be defined in regulations of the Property Board).
3.
Current value[21] – value of a property at time
of dispossession, plus an adjustment to reflect appreciation based among other
things on increase in average sale prices of properties in Cyprus in comparable locations[22] in the intervening period up to the date of entry into force of the
Foundation Agreement.
4.
Current user – a person who has been granted a form of right to use or occupy property by an authority under a legal
or administrative process established to deal with property belonging to dispossessed
owners, or any member of his/her family who has a derivative right to use
or occupy such property, or any
successor in title. The definition does not include any person who occupies or
uses a property without any legal,
administrative or formal basis, nor any person using or occupying property under a lease contract from a
private person, nor any military force, body or authority.
5.
Dispossessed owner ‑ a natural or legal person who, at the time of dispossession,
held a legal interest in the affected
property as owner or part owner, or his/her legal heir.
6.
Institutions – entities other than natural persons, including privately or publicly‑owned
or controlled bodies, such as public or private trusts, religious institutions; military forces and
companies (other than sole corporations).
7.
Market rent – the amount of rent which could be charged for a property on the open market, based on an assessment of market rents paid for comparable properties in comparable locations at
the time of assessment.[23]
8.
Market value - the amount for which a property
could be sold on the open market, based on an assessment of purchase prices or
amounts paid for comparable propertie] in comparable locations at the time of
assessment.[24]
9.
Original state - the state or condition of affected
property at the time of dispossession of the dispossessed owner, not including improvements subsequently made by
any party.
10.
Property ‑ immovable property,
being land and fixtures attached to land (or interest in such a property)].
11.
Reinstatement – restitution through the award of legal and physical possession to the
dispossessed owner, so as to enable
him/her to exercise effective control over such property, including use for
his/her own purposes.
12.
Religious site – a mosque, church, chapel, cemetery, monastery, shrine, tomb or other
place of worship.
13.
Significant improvement – an improvement (including any new construction on vacant land) to an affected property, which was made between the time of dispossession
and 31 December 2001, or based on a building permit issued prior to 31 December
2001, and which has greater value than the value of the affected property in its original
state. The value of an improvement shall be assessed on the basis of market value, while the value of affected property shall be assessed on
the basis of current value. The
burden of proof concerning the value, ownership and date of construction of any
improvement lies on the owner of the improvement.
14.
Sufficient financial means – income (taxable or otherwise) of more than X (X being the amount
required to meet mortgage payments) or wealth of more than Y (Y being the
amount required to purchase the currently-used property or alternative
accommodation). Entitlements and interests in affected property shall be taken into account for the purposes of
calculating wealth. The Property Board shall determine the amounts of X and Y
and revise the amounts annually, based on market figures and expert input.
15.
Use for own purposes – use and enjoyment of affected
property by a person, his/her family member, employee or representative
(other than a tenant) through regular personal use (not necessarily as a
permanent residence). Use for own
purposes shall not include selling, renting, transferring by gift or
otherwise disposing of an interest in affected
property.
16.
Vacant - not used or occupied by a current
user or any member of his/her family or successor in title who has a
derivative right to use or occupy such property.
Attachment 2: The Cyprus Property Board and compensation arrangements
Section A: Establishment, operation, powers, staff and costs of The Cyprus Property Board
Article 1 Establishment and conduct of the Cyprus Property Board
1. There shall be an independent, impartial, administrative body known as the Cyprus Property Board (hereafter the ‘Property Board’).
2.
The Property Board shall act in accordance with the principles and terms
of the Foundation Agreement and in particular with these provisions.
1. The Property Board shall be composed of a total of seven members, being two members hailing from each <component state> and three non-Cypriot members who are not citizens of Cyprus, Greece, Turkey or the United Kingdom.
2.
Members shall be legally qualified and of high moral and professional
standing. Members shall be prohibited from holding any other <common
state> or <component state> office during their membership of the
Property Board.
3. The Cypriot and non-Cypriot members’ remuneration shall be at the level of nine-tenths of the salary of the Cypriot and non-Cypriot judges of the Supreme Court respectively.
4. Within 30 days of entry into force of the Foundation Agreement, the Co-Presidents shall appoint by consensus the initial members of the Property Board. For subsequent appointments, the members shall be appointed by the executive heads of the <component states> acting by consensus.
5. The members shall elect from among their number a presiding member, who shall preside over the Board for a period of three years or until the end of his/her term, whichever is the sooner.
6. The members of the Property Board shall be appointed for a term of three years. At the end of each three-year term, each member shall be replaced or reappointed for a further term. Members may resign with 90 days prior notice. The Supreme Court may remove any member upon the application of the <common state> or either <component state> in case of misconduct or grave breach of the member’s duties. In case of any vacancy, a new member shall be appointed within 45 days of notice of the vacancy or of its occurrence, whichever is the sooner.
7. If there is failure to agree on the appointment of any member of the Property Board in the time specified under these provisions, the Secretary-General of the United Nations or his representative, shall appoint a replacement member to hold office for a minimum of eighteen calendar months.
The Property Board body shall have the power to:
a. Receive and rule on claims for affected property;
b.
Decide any question or dispute before it regarding claims, entitlements
of dispossessed owners, current users or owners of improvements,
allegations of sale under duress, property
valuation, right of first refusal or title to or other rights in respect of affected property;
c.
Decide in individual cases on, and set and revise scales and values for
the purposes of calculating compensation for affected property and improvements; rent, sale and purchase
amounts; entitlements to alternative
accommodation and other amounts under these provisions;
d.
Demand and receive prompt, full and unhindered access to any and all
records, archives, databases or other information regarding property in Cyprus, and to any and all property in Cyprus for the purpose of
inspection, valuation and assessment related to its tasks and operation, and to
receive copies or extracts of information, without fee, tax or other
charge;
e.
Order or procure the registration of interests in affected property or correction of entries in the relevant Land
Titles Register or other records, based on entitlements under these provisions
or other applicable law;
f.
Refer any question arising in respect of an affected property to another competent court or authority, as
appropriate and for finalisation or any interim or other ruling;
g.
Order the suspension of any proceeding in any court or other authority,
or any physical alterations (other than minor or emergency maintenance) with
respect to affected property;
h.
Order or procure the completion of any steps as required to transfer
interests in affected property or,
where necessary, partition affected
property, under these provisions or other applicable law;
i.
Issue legally binding orders to competent <common state> or
<component state> bodies as required to implement its decisions;
j.
Acquire and deal with affected
property in a responsible manner under these provisions, including the
administration and disposal of affected
property transferred to it or coming under its control;
k.
Facilitate the provision and allocation of alternative accommodation;
l.
Assist persons, upon their request, in the sale, lease or exchange of affected property;
m.
Collect damages from and issue fines against any persons found
responsible for damaging or destroying affected
property;
n.
Administer and/or supervise a preferential loans scheme under these
provisions;
o.
Adopt such rules, regulations, procedures, forms and other instruments
as required for the performance of its functions;
p.
Consult and seek recommendations from qualified experts to assist in the
performance of its functions, including experts in valuation, economics, law, property markets, quantity and land
surveying, registration, mapping and others; and
q.
Perform other tasks, including those which may be assigned to it by the
<common state> or either <component state>, or which are incidental
or related to the performance of its functions.
1. The <common state> and the <component states> shall take all steps as required to implement these provisions in good faith and in a timely manner.
2.
In order to fulfil their obligations under these provisions, the
<common state> and the <component states> shall, among other
things:
a. Cooperate fully with the Property Board, and respect, recognize and comply with its decisions in accordance with their legally binding nature;
b.
Implement the decisions of the Property Board fully and promptly;
c.
Cooperate with other relevant institutions
dealing with affected property under
these provisions;
d.
Provide the Property Board with prompt, full and unhindered access to
any and all records, archives, databases or other information regarding property in Cyprus, and to any and all property in Cyprus for the purpose of
inspection, valuation and assessment related to its tasks and operation, and to
provide copies or extracts of information, without fee, tax or other charge;
e.
Adopt special measures, including at the request of the Property Board,
to ensure the physical protection of property
from damage or destruction; and
f.
Act otherwise as necessary to respect property rights.
3.
The <common state> and the <component states> shall adopt
and enforce any legislation, regulations, procedures, orders, instructions,
practice notes and other legislative instruments as necessary or appropriate to
acknowledge the binding force of Property Board decisions, and ensure their
enforcement and implementation, including as necessary through local
administrative bodies, police or other agents. Such legislative instruments
shall be drafted in consultation with the Property Board.
4.
In case the <common state> or a <component state> fails
within one year after entry into force of the Foundation Agreement to adopt
laws for enforcement and implementation of decisions of the Property Board, the
Property Board shall issue rules providing for enforcement and implementation
of its decisions, which shall come into force as binding legislative
instruments of the <common state> or the relevant <component
state>, and which shall remain in force until the <common state> or
the relevant <component state> enacts effective laws in fulfilment of its
obligations under these provisions.
Article 5
Obligations of <common state> and <component state> courts
and competent authorities
1. The courts, administrative bodies and other authorities of the <common state> and the <component states> shall cooperate with the Property Board and acknowledge the legally binding force of its decisions, and shall take any steps as necessary to implement and enforce its decisions.
2.
If the Property Board refers a question to a court or other competent
authority, such court or authority shall hear and determine the claim on its
merits and shall not reject or refuse to decide the claim solely on the grounds
that the claim is out of time or that any applicable limitation period has
expired.
3. The <component states> shall put land for alternative accommodation at the disposal of the Property Board, without payment, including through expropriation where necessary. In allocating such land, the <component states> shall take into account the need for relocating persons, in particular those from areas subject to territorial adjustment, to be able adequately to earn their livelihood.
The Property Board shall
employ a director who, under the supervision of the members of the Property
Board, shall be responsible for the administration and management of the work
of the Property Board. The director may employ staff qualified in law,
valuation, land titles, records management, economics, accountancy, information
technology, mediation and other forms of dispute resolution, property management and other technical
and relevant fields, to assist and perform the work of the Property Board.
1. The costs of establishing and running the Property Board shall be met by the <common state>, which may request contributions from the guarantor states and other international donors.
2.
The Property Board shall prepare an annual budget for its running costs
in accordance with the relevant public service scales of remuneration and, in
the case of non-Cypriot employees, United Nations guidelines. The <common
state> shall pay the budgeted amount for such running costs to the Property
Board before the beginning of each financial year. Any surplus funds at the end
of each financial year shall be repaid to the <common state>, and any
shortfall shall be met by the <common state>.
3.
The Property Board shall submit its running costs and other accounts to
independent audit each financial year, and the audit report shall be publicly
available.
4.
Should any additional task or function be assigned to the Property
Board, the <common state> or any <component state> which assigns
such task or function shall provide or procure the provision of resources to
enable the Property Board to perform the task or function.
Article 8
Period of operation of the Property Board
1. Ten years after entry into force of the Foundation Agreement, the Property Board shall be wound up. If the Property Board by that date has not completed determination of all claims or any other task before it, the Supreme Court may extend the period of operation of the Property Board for one year at a time. In case of such an extension, the Supreme Court may order retention by the Property Board of specified assets to enable it to continue its work in accordance with these provisions.
2.
The Property Board may decide, by majority of five to two and subject to
the approval of the [executive heads] of the <component states> acting by
consensus, to wind itself up on a date earlier than ten years after
commencement of its operations, provided that its work has been completed or
appropriate provision has been made for transfer to a competent body of any
outstanding functions or matters.
3.
The Supreme Court may, upon application by the Property Board or by the
[executive heads] of the <component states> acting by consensus, extend
the period of operation of a specific section or sections of the Property Board
for one year at a time, in order to enable completion of a specified function,
and may order retention by that section or sections of specified assets to
enable the continuation of work. Notwithstanding any such limited extension of
operation of a particular section or sections, the Property Board shall be
considered to be wound up for the purposes of these provisions, unless the
Supreme Court orders otherwise.
4.
For the purposes of hearing and determining disputes over claims,
entitlements of dispossessed owners, current users or owners of improvements,
property valuation, right of first
refusal, or title to or other rights in respect of property, the relevant section of the Property Board shall continue
in operation for as long as the Supreme Court deems fit.
5.
Prior to its winding-up, the Property Board shall make arrangements for
the completion of any tasks or functions assigned to it under these provisions,
including any claims or disputes which are pending or which may arise in
future. For this purpose, it may refer
or request the Supreme Court to assign specified claims or cases to other
competent bodies or courts or to a section of the Property Board, which will
continue in operation by order of the Supreme Court. The obligation to ensure
or make arrangements for completion of any tasks or functions under these
provisions shall also apply to any section of the Property Board which
continues in operation for any extended period.
6.
At the time of winding-up of the Property Board and each of its
sections, each <component state> shall purchase any property or assets located within that <component state>
which are still held by the Property Board, and which are no longer required
for the purpose of carrying out its functions or the functions of any section
which continues to operate for an extended period under this Article. Purchase shall be at a price equal to market value at the time of sale and the
proceeds shall be deposited in the Compensation Fund.
Section B: Handling of property transferred to or via the Property Board
Article 9
Handling of property transferred to or via the Property Board
1. The Property Board shall receive transfer of title to affected property which is:
a. Not claimed by a dispossessed owner within the time period set by these provisions for submission of claims;
b.
Owned by a dispossessed owner
who receives compensation from the Property Board or title to another property in exchange for his/her title;
or
c.
Owned by a dispossessed owner
who disposed of his/her interest in an affected
property of which s/he was the current
user, in exchange for transfer of title to such affected property to the subsequent purchaser (or his her
successors in title) in accordance with Article 12.
2.
In disposing of property
transferred to it under these provisions, the Property Board shall, in this
sequence:
a. Offer the property for sale to the current user at current value;
b.
Offer the property for sale to
persons hailing from the <component state> in which the property is located, at current value, including potentially in
exchange for compensation bonds;
c.
Use it as alternative
accommodation; or
d.
Otherwise dispose of it in a prudent manner, at market value, to generate funds for compensation purposes.
3.
In all cases and at all times, the Property Board shall supervise
management of property transferred to
it or otherwise under its control in a prudent manner and in accordance with
these provisions.
4.
All funds generated from the sale or use of affected property held by the Property Board shall be deposited
into the Compensation Fund.
Section
C: Decision-making and claims
for affected property
1. The Property Board shall aim to reach all decisions by consensus. If the members are unable to reach consensus on a decision, the decision shall be taken by majority vote.
2.
The Property
Board shall consider any relevant material or evidence put before it in respect
of any claim for affected property or
any other matter which is within its jurisdiction or decision-making power.
1. A dispossessed owner shall be entitled to file a claim with the Property Board for recognition of his/her interest in or title to affected property. In filing a claim for recognition of an interest or title, a claimant shall also specify how s/he seeks to exercise his/her property rights, namely by way of:
a. Compensation;
b.
Reinstatement; or
c.
Sale, exchange or
lease.
2. A current user of an affected property who is also a dispossessed owner, or a person who owns a significant improvement to an affected property may apply to receive title to such properties.
3.
Claims or
applications for transfer of title must be filed within a period of one year,
commencing on a date to be determined by the Property Board which shall be no
later than one year after entry into force of the Foundation Agreement. The decision fixing the relevant date shall
be published in the Official Gazettes of the <common state> and the
<component states>, in the most widely circulated newspaper of each
<component state> and in any other such appropriate manner as determined
by the Property Board.
4.
A claim or
application shall be filed together with certified copies of any available
evidence of the claimant’s or applicant’s interest in or title to the affected property.
5.
Holders of a part
interest in or title to an affected
property shall, wherever possible, file joint claims.
6.
Further detailed
requirements for the filing and determination of claims and applications in
respect of affected property shall be
set out in rules, regulations, procedures, forms, evidence and any other
instruments adopted by the Property Board in accordance with these provisions.
Article 12
Determination of
claims and applications
1. Upon receipt of any claim for affected property, the Property Board shall, following any necessary investigation and verification, determine whether the claimant has a lawful interest in the property.
2. Upon receipt of any application with respect to affected property, the Property Board shall, following any necessary investigation and verification, determine whether the applicant has a sufficient interest in the property under these provisions.
3. If the Property Board determines that the claimant or applicant is not the sole dispossessed owner or person with an interest in the affected property, it shall make reasonable efforts to contact the other interested parties, including the current user, before deciding the claim or application.
4. The Property Board shall then determine whether the claimant or applicant is entitled to exercise his/her rights in the manner requested in the claim or otherwise under these provisions.
5.
In its decision,
the Property Board shall, if possible, state
the name and interest of any other holder of a lawful interest in the property. Where it has been unable to locate or
contact such persons before deciding the claim or application, it
shall publish its decision in an appropriate manner.
6.
In its decision,
the Property Board shall also indicate the steps necessary for the execution or
implementation of the decision and, where appropriate, shall order that they be
taken within specified time frames.
7.
If the Property
Board decides that a claimant or applicant has no legal interest in the claimed
affected property, it shall reject
the claim or application. At the same
time, it may decide on the interests of the other parties to the proceedings
and issue orders with respect to the property
as appropriate.
Article 13 Decisions on reinstatement
1. Upon determination that a property is eligible to be reinstated, the Property Board shall inform the claimant of its decision. It shall hold the case as pending until all claims for reinstatement have been reviewed, in order to determine the priority for reinstatement in accordance with Article 15 of Annex VII.
2. The Property Board shall endeavour to determine the eligibility of all claims for reinstatement before issuing final decisions on reinstatement. If the determination of eligibility in some cases is delayed, because of exceptional circumstances, the Property Board may issue final decisions on reinstatement as soon as it has determined the eligibility of at least 90% of the claims for reinstatement. Reinstatement shall only be granted in the delayed cases if the agreed levels for reinstatement have not yet been reached, irrespective of the priority that the claimant might otherwise have had.
3. The Property Board shall issue final decisions on reinstatement of properties that are not subject to the agreed levels of reinstatement in Article 15 of Annex VII as soon as it has determined their eligibility for reinstatement.
4. Upon issuing a final decision on reinstatement, the Property Board shall inform the current user of the affected property of the decision, of his/her obligation to vacate the affected property and of his/her rights to alternative accommodation; it may also inform the authorities of the relevant <component state> responsible for enforcement and implementation of the decision.
5.
Reinstatement shall
only occur after the current user has
been provided with alternative
accommodation or the final deadline for vacating the property as determined by the Property Board in accordance with
Attachment 3 has expired, whichever is the sooner.
Section D: Assistance
with sale, exchange or lease
Article 14
Assistance with
sale, exchange or lease
1. A dispossessed owner may request the Property Board for assistance in connection with:
a. Sale of an interest in affected property;
b.
Exchange of affected property for another property of similar value in the
<component state> from where he/she hails;
c.
Purchase of an
interest in affected property; or
d.
The leasing of affected property.
2.
A current user or other person may request
the Property Board for assistance in connection with the purchase, exchange or
acquisition of a leasehold interest in a property,
which, if available, could enable him/her to vacate the affected property.
3.
The Property
Board shall maintain a register of interested dispossessed owners, current
users and others who wish to engage in sale, exchange or lease transactions
and keep a record of such transactions.
4.
Upon the request
of a dispossessed owner, current user, or other person wishing to
engage in a sale, exchange or lease transaction, the Property Board may:
a. Offer basic advice and assistance on options and implications of sale, exchange or lease transactions;
b.
Provide services
through mediation to facilitate sale, exchange or lease transactions between
interested parties, on an anonymous or open disclosure basis, as preferred by
the parties; or
c.
Provide
information about potential sale, exchange or lease counterparts from its sale,
exchange and lease register, to other bona fide interested parties, in cases
where the relevant person has given consent to disclosure of such information.
Article 15
Standard form
lease
The Property Board shall provide on request a
standard form of lease agreement.
Article 16
Sale, exchange
and lease: other assistance
1. The Property Board shall refer any interested party on request to a list of real estate agents of a high professional standard, who are acting in one or both <component states> and who can assist persons seeking advice regarding sale, exchange or lease transactions in one or both <component states>.
2.
Subject to these provisions, the
Property Board’s involvement in a sale, exchange or lease transaction shall be
limited to conveying information between the counterparts to the potential
transaction. The Property Board shall not be responsible for negotiation or
completion of contractual arrangements, nor any resulting dispute or loss.
Section E: Compensation fund and bonds
A Compensation Fund shall be established in the Central Bank of Cyprus and administered by the Property Board. The <common state> shall provide the initial capital of X [insert figure] to the Fund. In addition, the Fund shall receive all proceeds from the use or disposal of property that has been transferred to the Property Board and contributions from international donors.
Article 18
Use of
compensation bonds[25]
1. The Property Board shall issue bonds drawn on the Compensation Fund, known as ‘compensation bonds’.
2.
Compensation bonds
shall bear interest of X % [insert figure] per year[26].
3.
Compensation
bonds may be used by holders for the following purposes:
a. To purchase affected property from the holdings of the Property Board at current value; or
b.
To procure the
payment by the Property Board of a deposit for purchase of alternative accommodation on the open market; or
c.
For sale to any
person, who thereby acquires all entitlements of the initial holder.
4.
Compensation
bonds and interest thereon shall be guaranteed by the <common state>.
5.
X years [insert
figure] after entry into force of the Foundation Agreement, compensation bonds
shall be redeemable for cash from the Compensation Fund. Thereafter, the
Compensation Fund shall be wound up and the <common state> shall receive
any surplus remaining in the Fund or cover its deficit, as applicable. Proceeds
of any subsequent sale of affected
property from the holdings of the Property Board shall go directly to the
<common state>, which shall be obliged to pay any compensation which may
be awarded by the Property Board after the winding-up of the Compensation Fund.
Attachment 3: Measures in favour of current users
Section A: Extension of deadlines for vacating affected property
Article 1 Property occupied by current users with sufficient financial means
1. A current user of a property designated for reinstatement, with sufficient financial means, may apply to the Property Board for an extension to enable him/her to continue to use the property for his/her own purposes for up to three years after the Property Board’s decision.
2.
An application
for an extension shall be granted by the Property Board unless and up to the
time when it is found that the current
user is not using the property
for his/her own purposes, or that the current
user has immediate access to alternative
accommodation.
3.
The Property
Board may extend the time limit under this Article in cases of urgent
humanitarian need, as determined by the Property Board.
4.
The current user shall pay market rent to the Property Board for
the period of continued use of the affected
property from the date of the Property Board’s decision on eligibility for reinstatement.
5.
At the end of the
period fixed by the Property Board, the current
user shall vacate the affected
property.
Article 2
Property occupied
by current users without sufficient financial means
1. A current user of a property designated for reinstatement, without sufficient financial means, who is a Cypriot citizen and is using the property for his/her own purposes, shall not be required to vacate the property until alternative accommodation is made available for them or until they are able, including through the provision of preferential loans or other assistance, to buy or lease on the market a property which meets the standard of alternative accommodation.
2.
Such current users may apply to the Property
Board for:
a. Assistance to purchase or lease alternative accommodation, in the form of preferential loans under these provisions; or
b.
In cases of
urgent humanitarian need and where not eligible for preferential loans, the
allocation of low-cost or cost-free alternative
accommodation from the holdings of the Property Board. The Property Board
shall grant such applications to persons meeting its criteria, provided that alternative accommodation is available
in its holdings.
3. A current user of a property designated for reinstatement, without sufficient financial means, who is a legal resident but not a citizen of Cyprus and is using the property for his/her own purposes, may apply for social housing or other housing assistance, or for financial assistance from the <component state> of which they are legal residents. Such current users shall not be required to vacate the property until such housing or financial assistance is available, up to a maximum of two years after the Property Board’s decision on eligibility for reinstatement.
4. The Property Board shall charge rent to any current user without sufficient financial means, up to the maximum amount possible based on his/her income and wealth.
Article 3
Payment of rent
to dispossessed owner up to reinstatement
The Property Board shall pay market rent to the dispossessed owner, effective from the date of the decision of the
Property Board that the property is
eligible for reinstatement up to the
date on which reinstatement occurs.
1. The Property Board shall oversee and administer a preferential loans scheme with the assistance of international and local banks, the <common state>, the <component states> and other donors. The <common state> shall provide funds from its budget to support the scheme.
2.
Under this
scheme, preferential loans shall be made available on favourable terms for dispossessed owners, current users of affected property and owners of significant
improvements to affected property
who are Cypriot citizens and who are without sufficient financial means, in order to facilitate the purchase,
lease or reconstruction of property
(including the purchase of significantly improved property) or make payments required under these provisions.
3.
Loans under this
scheme will be made available to people who meet the criteria on condition that
they agree to a 20 year moratorium on sale of any property which they purchased or reconstructed or for which they
received title after making a payment to the Property Board with preferential
loan funds. This moratorium period may be shortened or waived with the
authorization of the Property Board.
Section C: Right of
first refusal
Article 5
Right of first
refusal for current user and others in sales of affected property
1. For a transitional period of 20 years after entry into force of the Foundation Agreement, any sale of a property to a person who has not been a legal resident for at least three years of the <component state> in which such property is located, is subject to a right of first refusal by a current user, who is a Cypriot citizen, at the proposed contract price. Such right shall apply:
a. For as long as the current user continues to use such property, and
b.
For five years
thereafter, if the current user has
vacated it to allow reinstatement of
the dispossessed owner.
2. If the current user does not exercise the right of first refusal under the previous paragraph, any other person hailing from the <component state> in which the relevant property is located shall have a secondary right of first refusal, at the contract price.
3.
Rights of first
refusal under this Article may be exercised within 45 days after the dispossessed owner signs a sales
contract with a potential purchaser, and at the same price as stated in any
such contract.
4.
Any dispute
regarding rights of first refusal shall be referred to the Property Board. The
<component states> shall enact harmonized legislation as required to
regulate and ensure enforcement of contracts concluded under these provisions
for rights of first refusal, and otherwise between current users and persons hailing from different <component
states>.
Attachment 4: Property
located in areas subject to territorial adjustement
Article 1 Application of these provisions to property in areas subject to territorial adjustment
The Articles in this Attachment shall prevail
over the other provisions of Annex VII and its other attachments in relation to
affected property and other property in areas subject to territorial
adjustment. Where there are no specific provisions in this Attachment, the
other provisions of Annex VII and its other attachments shall apply.
Article 2
Reinstatement of
dispossessed owners
1. Subject to the modalities and conditions established in this Attachment, any dispossessed owner of a property in areas subject to territorial adjustment shall be entitled to reinstatement.
2. The Property Board shall issue final decisions on reinstatement of properties located in areas subject to territorial adjustment, as soon as it has determined that property is eligible for reinstatement and shall order that such reinstatement take place as soon as the current user has been relocated, but no later than three years after entry into force of the Foundation Agreement.
3.
The general moratorium
and agreed maximum levels on reinstatement
under Annex VII shall not apply to areas subject to territorial adjustment nor
shall provisions permitting transfer of properties
to a current user or a subsequent
purchaser.
4. The Property Board shall deal with claims regarding property in areas subject to territorial adjustment on a priority basis.
1. The dispossessed owner of any improved property shall pay the market value of the improvement worth more than 10% of the value of the property in its original state to Property Board. The owner of the improvement is entitled to seek compensation from the Property Board for its market value.
2. If the dispossessed owner satisfies the Property Board that an improvement worth less than the value of the property in its original state is inappropriate for his/her intended use of the property which is similar to the use prior to dispossession, the dispossessed owner shall not be required to pay for the improvement. The Property Board may recover any compensation paid to the improver if it subsequently finds that the dispossessed owner makes use of the improvement.
3. Where the value of the improvement is greater than that of the property in its original state and the dispossessed owner is not prepared to pay for it, the owner of the improvement may apply to receive title to the property in exchange for payment of the current value of the original unimproved property. The dispossessed owner shall retain a right of first refusal for a period of 20 years after entry into force of the Foundation Agreement, for any contract for sale, exchange or lease of the property, at the proposed contract price.
Article 4
Owners of
property in areas subject to territorial adjustment who wish to leave
An owner of property
in an area subject to territorial adjustment who vacates such property after entry into force of the
Foundation Agreement may claim compensation from the Property Board for such property at current value in exchange for his/her title to such property, provided s/he can produce
evidence of ownership before 1974 or of bona fide transfer from the 1974 owner.
Article 5
Current users of
property in areas subject to territorial adjustment
1. A current user of property in an area subject to territorial adjustment who is a Cypriot citizen may choose to:
a. Remain in that area and purchase property there;
b.
Receive alternative accommodation in that area,
if entitled under these provisions (see Attachment 3);
c.
Claim reinstatement of his/her own affected property; or
d.
Be relocated in
the other <component state> and purchase property or receive alternative
accommodation there, if entitled under these provisions.
2.
A current user who is not a Cypriot
citizen may seek housing or financial assistance from the <component
state> in which s/he is legally resident.
Draft Annex VIII: Reconciliation Commission
1. There shall be an independent, impartial Reconciliation Commission.
2. The authorities of the <common state> and the <component states> shall render the Commission full cooperation and shall issue instructions to that effect to all concerned.
With the objective of promoting understanding, tolerance and mutual respect between Greek Cypriots and Turkish Cypriots, the Reconciliation Commission shall, inter alia:
a. Promote a dispassionate dialogue between Greek Cypriots and Turkish Cypriots regarding the past, by addressing, inter alia, historical perspectives, experiences, and memories;
b.
Prepare a
comprehensive report on the history of the Cyprus Problem as experienced and
interpreted by Greek Cypriots and Turkish Cypriots;
c.
Make specific
recommendations for action by the <common state> and the <component
states> aimed at promoting reconciliation, including guidelines for
publications and school textbooks so as to promote mutual understanding of
different perspectives on the past;
d.
Make
recommendations for the implementation of the requirement in the Constitution
for the teaching of the official languages to all secondary school students;
and
e.
Make
recommendations on guidelines for the observance of secular public holidays by
the <component states>.
1. In furtherance of these aims the Reconciliation Commission may, among other things:
a. Convene public or private hearings and set up research groups or committees to discuss and/or inquire into questions, facts, events and time periods related to its work;
b.
Receive
information from varied sources, from parties, governments or individuals
inside or outside Cyprus;
c.
Consult experts
in relevant fields;
d.
Request and
receive prompt, full and unhindered access to any and all records, archives or
information;
e.
Prepare and
publish interim reports, findings and recommendations;
f.
Adopt and publish
rules, regulations and procedures required for the performance of its
functions; and
g.
Perform other
tasks which may be incidental or related to the performance of its functions.
2. The Commission shall have no prosecutorial or other criminal legal function or powers.
3. The Commission may decide to protect the confidentiality of its sources and proceedings.
4. The work, proceedings, reports and recommendations of the Commission shall be without prejudice to the work of other existing bodies or committees, including the Committee on Missing Persons in Cyprus.
1. The Reconciliation Commission shall be composed of [five/seven/nine] men and women, committed to reconciliation in Cyprus and possessing appropriate integrity, credibility and expertise, comprising an equal number of Greek Cypriots and Turkish Cypriots, as well as at least one non-Cypriot member.
2. The Secretary-General is invited to appoint the members of the Commission, after consultation with the two sides and the public, and to appoint any replacements in the same way.
3. The Commission shall be assisted by a group of qualified staff.
1. The process of consultation for appointment of the members of the Reconciliation Commission shall commence no later than 60 days after entry into force of the Foundation Agreement. The Commission members shall be appointed within a further 60 days and be inaugurated within a further two weeks.
2. Unless the Secretary-General, in consultation with the two sides and the members of the Commission, decides to grant an extension of up to six months, the Commission shall submit its final report on its conclusions and recommendations no later than 30 October 2005.
The costs of establishing and running the Reconciliation Commission shall be met by the <common state>, which may request contributions from the guarantor powers and other international donors.
Article 7 Recommendations and reports
1. The Reconciliation Commission shall submit its reports and recommendations to the Secretary-General of the United Nations, the <common state> and the <component states>.
2. The final report and all recommendations by the Reconciliation Commission shall be given wide dissemination by the <component states>. The final report shall be published in English, Greek and Turkish. The findings of the final report shall be reflected in relevant school textbooks
Article 8 Follow-Up Procedures
1. After the submission of the Commission’s final report, a follow-up committee, appointed [insert method of appointment], shall monitor the implementation of the Commission’s recommendations.
2. The authorities of the <common state> and each <component state> shall be required to submit reports every 120 days to the committee on the implementation of recommendations. Such reports shall explain the reasons for failure to implement specific recommendations.
[insert additional articles as necessary; including, inter alia, on procedures for public consultation regarding appointment of members; immunities; the giving of evidence; remuneration of Commission members, etc]
1. Each side shall organise a referendum on 30 March, asking the following question:
“Do you:
i) Approve the Foundation Agreement and all its Annexes, including the Constitution of Cyprus;
ii) Approve the Constitution of the [Greek Cypriot/Turkish Cypriot] <component state> and the provision as to the laws to be in force for the <component state>;
iii) Approve the terms of the draft Treaty between Cyprus, Greece, Turkey and the United Kingdom on matters related to the new state of affairs in Cyprus, and require the signature by the Co-Presidents of the Treaty;
iv) Approve the accession of Cyprus to the European Union in accordance with the conditions of accession laid down in the draft Treaty concerning accession of Cyprus to the European Union, and require the signature and ratification by the Co-Presidents of the Treaty?
Yes [ ]
No [ ]”
2. The documents to be approved or being referred to in the referendum question shall be made available free of charge to any voter so requesting in Greek, Turkish or English and shall be placed on a common website in the same languages.
At 00:00 hours
the day after confirmation by the Secretary-General of its approval at separate
simultaneous referenda, the Foundation Agreement shall immediately enter into
force, thereby bringing into being a new state of affairs.
Upon entry
into force of the Foundation Agreement, there shall be ceremonies throughout
the island at which all flags other than those prescribed in the Constitution
shall be lowered, the flags of Cyprus and of the <component states> shall
be raised in accordance with the Constitution of Cyprus and relevant
legislation, and the anthems of Cyprus and of the <component states>
shall be played.
Upon entry into force of the Foundation Agreement, the Co-Presidents shall inform the United Nations that henceforth the membership rights and obligations of Cyprus in the United Nations shall be exercised in accordance with the new state of affairs. The agreed flag of Cyprus shall be raised at United Nations Headquarters.
[insert calendar of implementation of
obligations in the Foundation Agreement, as well as in other parts of the
Comprehensive Settlement.]