[01] NEED TO ADDRESS THE DEEP CRISIS OF CONFIDENCE

[02] A COMPREHENSIVE SOLUTION

[03] EU MEMBERSHIP KIBRIS (14.2.96) claims to have acquired the Turkish Cypriot side's talking points presented to Lord Finsberg, Rapporteur of the Political Affairs Committee of the Council of Europe. Following is the text of the talking points:

[01] NEED TO ADDRESS THE DEEP CRISIS OF CONFIDENCE

As a first step, the Turkish side proposes that the leader of the Turkish Cypriot community and the leader of the Greek Cypriot community should come together to discuss and agree on measures which could help alleviate the deep crisis of confidence between the two communities and improve the mutually beneficial cooperative ties between them.

Bicommunal contacts and projects could also be discussed during such a meeting and mechanisms developed for their implementation.

The Turkish Cypriot side has long proposed a non-aggression agreement between the two sides in Cyprus. This proposal can also be taken up at such a meeting and a way be found to realize this project on a communal basis in order to avoid the allegation that the Turkish Cypriot side is seeking recognition. Greece and Turkey can be asked to endorse such an agreement. Parallel to this, the two sides could cooperate with UNFICYP in extending the unmanning agreement of 1989 to cover other areas of the UN-controlled buffer zone where the two sides are in close proximity to each other. 2. There is also a growing crisis of confidence between the Turkish Cypriot side and the EU. This crisis of confidence has probably started in 1990 as a result of the Greek Cypriot side's unilateral and illegal application to the EU as well as the acceptance of this application and putting it into process, and was rendered heavier by the European Union's Court of Justice decision of 5 July 1994, which increased the inhumane Greek Cypriot embargo imposed on us, and rendered deeper by the decision adopted by the EU on 6 March 1995 and on 12 June 1995.

The EU can reverse the process and can help in the preparation (maturing) of a comprehensive settlement. a) In order to reach a mutually acceptable solution in Cyprus, there has to be respect for and further advancement of the guide-line principles that came into light in the process of the UN Secretary-General's goodwill mission efforts (the details of these guide-line principles will be mentioned later on). b) The ever increasing political inequality between the two sides has also to be considered in the following manner: - To enlighten both communities, on the one hand, on the risks to be brought about by separation and on the other hand on the stability, economic and political benefits to be brought about by a mutually acceptable solution; - To concede that both sides are founding partners of the now defunct 1960 Republic, having equal political rights and status; - Similarly, to concede that they (both sides) will be the founding partners in the bicommunal, bizonal Federal Republic to be established; - The right to equal saying should be recognized to the Turkish Cypriot side as well as the right to listening prior to taking a decision on Cyprus or prior to taking action; - The EU member countries and their institutions should be encouraged, on the basis of political equality, to receive and meet the political leaders and the representatives of the Turkish Cypriot side; - Concrete steps should be taken to remove the inhumane embargo and the obstacles imposed on the Turkish Cypriot community since 1963. First, on travelling, trade, sports and cultural activities and the development of the tourist industry. - Apart from establishing ties with the Turkish Cypriot side on transport, trade, investment, communication and tourism, to establish ties on cultural and sports activities as well.

It should be specifically stressed that further increase in the political and economic inequality between the two communities, is rendering deeper the confidence crisis between them and rendering further difficult the realization of a comprehensive solution based on partnership. c) To confirm that the Treaty of Guarantees and Alliance is not contrary to the EU membership concept. And that the EU membership of the future federal Cyprus shall be within the framework of the settlement that will include the agreed conditions, safeguards and guarantees and that it shall not (the EU membership) create a biased stance for the effective continuation of the Treaty of Guarantees and Alliance.

[02] A COMPREHENSIVE SOLUTION

Such an analysis based on diagnosis has been carried out in Mr Glafcos Clerides' memoirs:

"Just as the Greek Cypriot preoccupation was that Cyprus should be a Greek Cypriot state, with a protected Turkish Cypriot minority, the Turkish preoccupation was to defeat any such effort and to maintain the partnership concept, which in their opinion the Zurich Agreement created between the two communities. The conflict, therefore, was a conflict of principle and for that principle both sides were prepared to go on arguing and even, if need be, to fight, rather than compromise.

The same principle is still in conflict, even today, though a federal solution has been accepted" ("My Deposition", Volume 3, page 105 -dd 1990) 4. Since 1963 the UN is active in Cyprus in establishing and maintaining peace.

Security Council resolution (367) adopted on 12 March 1975 which give the Secretary-General a new mission of good offices, inter alia, reads:

"Requests the Secretary-General accordingly to undertake a new mission of good offices and to that end to convene the parties under new agreed procedures and place himself personally at their disposal, so that the resumption, the intensification and the progress of comprehensive negotiations, carried out in a reciprocal spirit of understanding and of moderation under his personal auspices and with his direction as appropriate, might thereby be facilitated;"

In the same resolution the Security Council defines the negotiation process as follows:

"... The continuation of negotiations between the representatives of the two communities on an equal footing, the objective of which must continue to be to reach freely a solution providing for a political settlement and the establishment of a mutually acceptable constitutional arrangement". {Tr. Note: Deliberately, Denktash is not quoting the whole text of para. 2 of the above-said resolution which is as follows: "Regrets the unilateral decision of 13 February 1975, declaring that a part of the Republic of Cyprus would become a "Federated Turkish State", as, inter alia, tending to compromise the continuation of negotiations between the representatives of the two communities on an equal footing, the objective of which must continue to be to reach freely a solution providing for a political settlement and the establishment of a mutually acceptable constitutional arrangement and expresses its concern over all unilateral actions by the parties which have compromised or may compromise the implementation of the relevant United Nations resolutions;"}

In its resolution 649 (1990) the Security Council "Requests the Secretary-General to pursue his mission of good offices in order to achieve the earliest possible progress and, towards this end, to assist the two communities by making suggestions to facilitate the discussions." 5. The following guide-line principles came out of the efforts exerted by the UN Secretary-General aiming at finding a mutually acceptable solution based on free negotiations, which lie mainly in the foundation of the 1960 partnership Republic, on the basis of political equality, as a result of the UN's wide experience in Cyprus since 1964 and the analysis based on its diagnosis: - Cyprus is the common home for the Greek and Turkish Cypriots and the relation between them is not based on the majority-minority relation, it is a relation between two politically equal communities; - Both communities are co-owners of Cyprus; - Sovereignty emanates equally from both founding partners. - One of the communities cannot claim sovereignty or legal rights from the other; - The federal solution shall be bizonal and bicommunal and all the elements of the solution should be in such a way that it should support this principle. - The 1960 Treaty of Guarantee and Alliance shall continue to be in force. - The demilitarization of the Federation, as an aim, without any prejudice to the 1960 Treaty of Guarantees and Alliance, is still valid. 6. The Turkish Cypriot side is ready and willing to reach an early comprehensive settlement with the Greek Cypriot side, on the basis of the guide-line principles listed above and developed further by the UN.

To this effect, the Turkish side calls for the immediate commencement of serious talks. The Turkish Cypriot side believes that the realization of the mutually acceptable comprehensive solution in Cyprus not only will contribute to Cyprus but will also contribute to the stability, security and the welfare of this vitally important region which includes the whole of East Mediterranean.

[03] EU MEMBERSHIP

In his Set of Ideas, the UN Secretary General in paragraph 92 proposes: "Matters related to the membership of the federal republic in the European Economic Community will be discussed and agreed to, and will be submitted for the approval of the two communities in separate referenda." 8. On the basis of the above, the Turkish side proposes the following: a) Following a comprehensive solution, prior to submitting the membership issue to separate referenda, subjects related to the EU membership should be debated and agreement reached upon them. b) The EU membership should safeguard the necessary balance between the two founding entities and their basic interests, as well as the balance between the guarantor motherlands. In the UN (as written in the Turkish text) process it is possible that one of them might be in an advantageous position compared to the other. c) The negotiations with the EU should take place based on the above mentioned (principles), and within the framework of the mutually agreed positions with the two sides' equal attendance and on an equal level, and to this effect each side should have equal opportunity in giving separate approvals regarding the arrangements to be agreed. d) The Turkish side does not recognize the one-sided and illegal membership of the Greek Cypriot side. In the light of the above, a new application should be made in the name of the new federation to be established and with the consent and approval of the two sides. e) As for the proposal made by the EU to facilitate a settlement in Cyprus, we do not believe that an EU where Greece is a member but Turkey is not could make a fair and constructive contribution to the solution of the Cyprus problem. In fact, the EU, under Greece's pressure, has passed an unfair decision on the one-sided Greek Cypriot side's application which was made by "Cyprus" and in the name of "Cyprus".

The said decision runs counter to the public interest, historical and established realities, and the guide-line principles put forward by the UN for a settlement in Cyprus. It also degrades the founding partnership status of the Turkish Cypriot community to that of a minority status in the Greek Cypriot state.

This is what the Greeks and Greek Cypriots want to realize for decades. Needless to say that this cannot be accepted by us and this is what we are trying to stop in our 32 years of just struggle. The partition of the island is the direct result of the Greek and Greek Cypriot egoistic vision. 10. In conclusion we would like to say the following: We make a call that the negotiation process should be left to the UN Secretary General's good will mission as long as Greece is in the EU. Thus an unfair advantage established by one of the sides over the other will be avoided.". (MY)