annan planı
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comprehensive settlement of the cyprus problem
we, the democratically elected leaders of the greek cypriots and the turkish cypriots, through negotiations under the auspices of the secretary-general of the united nations in which each side represented itself, and no-one else, as the political equal of the other, have freely agreed to settle the cyprus problem in all its aspects in the following comprehensive manner:
article 1 foundation agreement
1. the main articles of the appended foundation agreement[1] are hereby agreed, as is the substance of the specially marked parts of the annexes thereto and the map delineating the boundary between the <component states>. the draft annexes as a whole are hereby accepted as a basis for agreement to be finalised no later than 28 february 2003.
2. the finalisation of all draft annexes shall be accompanied and facilitated by the appended measures.[2]
3. the secretary-general is invited to certify the results of the finalisation process, and to include his suggestions, if any are indispensable, to finalise the agreement.
4. that finalised foundation agreement shall be submitted by each side to referendum on 30 march 2003, together with other specified matters related to the coming into being of the new state of affairs, including accession to the european union.
5. should the foundation agreement not be approved at the separate simultaneous referenda, it shall be null and void, and the commitments undertaken in this comprehensive settlement shall have no further legal effect.
article 2 treaty on matters related to the new state of affairs in cyprus
upon entry into force of the foundation agreement, the co-presidents of cyprus shall, on invitation and in the presence of the secretary-general of the united nations (or his representative), sign the appended treaty[3] with greece, turkey and the united kingdom, which shall be registered as an international treaty in accordance with article 102 of the charter of the united nations.
article 3 matters to be submitted to the united nations security council for decision
the secretary-general of the united nations is invited to request the security council to take decisions as appended.[4]
article 4 conditions of accession to the european union
pursuant to the willingness of the european union to accommodate the terms of a comprehensive settlement and to assist its implementation, as expressed in the conclusions of the brussels european council of 24 and 25 october, the requests to the european union to attach the appended protocol to the act concerning the conditions of accession of cyprus to the european union, and to include the appended paragraph in the conclusions of the copenhagen european council, are hereby agreed.[5]
glafcos clerides
rauf denktash
for the greek cypriot side
for the turkish cypriot side
***
the hellenic republic, the republic of turkey, and the united kingdom of great britain and northern ireland hereby agree with this comprehensive settlement of the cyprus problem, and commit themselves to sign together with cyprus the appended treaty[6] on matters related to the new state of affairs in cyprus, which shall be registered as an international treaty in accordance with article 102 of the charter of the united nations.
signature
signature
signature
hellenic republic
united kingdom of great britain and northern ireland
republic of turkey
***
witnessed by
kofi a. annan
secretary-general of the united nations
appendices to the comprehensive settlement of the cyprus problem:
· appendix a: foundation agreement
· appendix b: measures to accompany and facilitate the finalisation process
· appendix c: treaty between cyprus, greece, turkey and the united kingdom on matters related to the new state of affairs in cyprus
· appendix d: matters to be submitted to the united nations security council for decision
· appendix e: requests to the european union with respect to the accession of cyprus to the european union
table of contents of appendices
appendix a: foundation agreement.. 7
draft annex i: constitution of cyprus. 17
attachment 1: map of cyprus and its <component states>. 40
attachment 2: flag of cyprus. 41
attachment 3: anthem of cyprus. 42
attachment 4: property of the <common state>. 43
draft annex ii: constitutional laws. 44
attachment 1: constitutional law on the elaboration and adoption of constitutional laws. 45
attachment 2: constitutional law on police matters and composition and functions of the joint investigation agency 46
attachment 3: constitutional law on internal <component state> citizenship status and <component state> residency rights 47
draft annex iii: <common state> legislation. 50
attachment 1: law on the anthem, flag, insignia and honours of cyprus (and their use) 51
attachment 2: law on conduct of external relations. 52
attachment 3: law on conduct of european union relations. 53
attachment 4: law on cypriot citizenship. 54
attachment 5: law on aliens, immigration and asylum.. 57
attachment 6: law on the central bank. 60
attachment 7: law on <common state> taxation and finances. 61
attachment 8: law on <common state> budget 62
attachment 9: law on international trade, customs and excise. 63
attachment 10: law on aviation and airspace management 64
attachment 11: law on international navigation, territorial waters, and continental shelf 65
attachment 12: law on water resources. 66
attachment 13: law on natural resources. 67
attachment 14: law on postal services. 68
attachment 15: law on communications. 69
attachment 16: law on meteorology. 70
attachment 17: law on weights and measures. 71
attachment 18: law on intellectual property. 72
attachment 19: law on antiquities. 73
attachment 20: law on election to popularly elected <common state> offices. 74
attachment 21: law on <common state> immunities and exemptions. 75
attachment 22: law on <common state> administration. 76
attachment 23: law on official languages. 77
attachment 24: law on <common state> police and joint investigation agency. 78
attachment 25: law on legislative procedure and on procedure for amendments of the constitution. 79
attachment 26: law on administration of justice. 80
attachment 27: law on <common state> offences. 82
attachment 28: law on impeachment 83
draft annex iv: cooperation agreements between <common state> and <component states>. 84
attachment 1: cooperation agreement on external relations. 85
attachment 2: cooperation agreement on european union relations. 86
attachment 3: cooperation agreement on police matters. 89
draft annex v: list of international treaties binding on cyprus. 90
draft annex vi: territorial arrangements. 91
attachment 1: map of territorial adjustment 95
draft annex vii: treatment of property affected by events since 1963. 96
attachment 1: definitions. 105
attachment 2: the cyprus property board and compensation arrangements. 108
attachment 3: measures in favour of current users. 120
attachment 4: property located in areas subject to territorial adjustement 123
draft annex viii: reconciliation commission. 125
draft annex ix: coming into being of the new state of affairs. 128
draft annex x: calendar of implementation. 130
appendix b: measures to accompany and facilitate the finalisation process 131
appendix c: treaty between cyprus, greece, turkey and the united kingdom on matters related to the new state of affairs in cyprus.. 135
draft annex i: foundation agreement 137
draft annex ii: additional protocol to the treaty of guarantee. 138
draft annex iii: additional protocol to the treaty of alliance. 139
attachment 1: composition, equipment, locations and activities of greek and turkish contingents. 141
draft annex iv: transitional security arrangements. 144
appendix d: matters to be submitted to the united nations security council for decision.. 145
appendix e: requests to the european union with respect to the accession of cyprus.. 147
protocol requested to be attached to the act concerning the conditions of accession of cyprus to the european union 147
paragraph requested to be included in the conclusions of the copenhagen european council 150
appendix a
foundation agreement
i. affirming that cyprus is our common home and recalling that we were co-founders of the republic established in 1960
ii. resolved that the tragic events of the past shall never be repeated and renouncing forever the threat or the use of force, or any domination by or of either side
iii. acknowledging each other’s distinct identity and integrity and that our relationship is not one of majority and minority but of political equality
iv. deciding to renew our partnership on that basis and determined that this new partnership shall ensure a common future in friendship, peace, security and prosperity in an independent and united cyprus
v. underlining our commitment to international law and the principles and purposes of the united nations
vi. committed to respecting democratic principles, individual human rights and fundamental freedoms, as well as each other’s cultural, religious, political, social and linguistic identity
vii. determined to maintain special ties of friendship with, and to respect the balance between, greece and turkey, within a peaceful environment in the eastern mediterranean
viii. looking forward to joining the european union, and to the day when turkey does likewise
ix. welcoming the comprehensive settlement freely reached by our democratically elected leaders on all aspects of the cyprus problem, and its endorsement by greece and turkey, along with the united kingdom
we, the greek cypriots and the turkish cypriots, exercising our inherent constitutive power, by our free and democratic, separately expressed common will adopt this foundation agreement.
article 1 the new state of affairs
1. this agreement establishes a new state of affairs in cyprus.
2. the treaties listed in this agreement bind cyprus and the attached <common state> legislation indispensable for the functioning of the <common state> shall apply upon entry into force of this agreement.
3. the treaty of establishment, the treaty of guarantee, and the treaty of alliance remain in force and shall apply mutatis mutandis to the new state of affairs. upon entry into force of this agreement, cyprus shall sign a treaty with greece, turkey and the united kingdom on matters related to the new state of affairs in cyprus, along with additional protocols to the treaties of guarantee and alliance.
4. cyprus shall sign and ratify the treaty of accession to the european union.
5. 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 this agreement, and as a european union member state shall support the accession of turkey to the union.
6. any unilateral change to the state of affairs established by this agreement, in particular union of cyprus in whole or in part with any other country or any form of partition or secession, is prohibited. nothing in this agreement shall in any way be construed as contravening this prohibition.
article 2 the state of cyprus, its <common state> government, and its <component states>
1. the status and relationship of the state of cyprus, its <common state> government, and its <component states>, is modeled on the status and relationship of switzerland, its federal government, and its cantons. accordingly:
a. cyprus is an independent state in the form of an indissoluble partnership, with a <common state> government and two equal <component states>, one greek cypriot and one turkish cypriot. cyprus has a single international legal personality and sovereignty and is a member of the united nations. cyprus is organised under its constitution in accordance with the basic principles of rule of law, democracy, representative republican government, political equality, bi-zonality, and the equal status of the <component states>.
b. the <common state> government sovereignly exercises the powers specified in the constitution, which shall ensure that cyprus can speak and act with one voice internationally and in the european union, fulfill its obligations as a european union member state, and protect its integrity, borders and ancient heritage.
c. the <component states> are of equal status. within the limits of the constitution, they sovereignly exercise all powers not vested by the constitution in the <common state> government, organising themselves freely under their own constitutions.
2. the <component states> shall cooperate and co-ordinate with each other and with the <common state>, including through cooperation agreements, as well as through constitutional laws approved by the legislatures of the <common state> and the <component states>. in particular, the <component states> shall participate in the formulation and implementation of policy in external and european union relations on matters within their sphere of competence, in accordance with cooperation agreements modeled on the belgian example. the <component states> may have commercial and cultural relations with the outside world in conformity with the constitution.
3. the <common state> and the <component states> shall fully respect and not infringe upon the powers and functions of each other. there shall be no hierarchy between the laws of the <common state> and those of the <component states>. any act in contravention of the constitution shall be null and void.
4. the constitution of cyprus may be amended by separate majority of the voters of each <component state> in accordance with the specific provisions of the constitution.
article 3 citizenship
1. there is a single cypriot citizenship. special majority <common state> law shall regulate eligibility for cypriot citizenship.
2. all cypriot citizens shall also enjoy internal <component state> citizenship status. like the citizenship status of the european union, this status shall complement and not replace cypriot citizenship.
3. political rights at the <common state> level shall be exercised based on internal <component state> citizenship status. a <component state> may tie the exercise of political rights at its level to its internal <component state> citizenship status.
4. during the first four years after entry into force of this agreement, a <component state> may establish a moratorium on the establishment of residence for persons not holding the internal <component state> citizenship status of the relevant <component state>. thereafter, pursuant to constitutional law, a <component state> may limit the establishment of residence for persons not holding its internal <component state> citizenship status, if the number of residents hailing from the other <component state> has reached 8% of the population of a village or municipality between the 5th and 9th years and 18% between the 10th and 15th years. thereafter, any limitations shall be permissible only if 28% of the population of the relevant <component state> hails from the other <component state>. no later than 25 years after entry into force of this agreement, the <common state> and the <component states> shall review the relevant constitutional law in light of experience.
article 4 fundamental rights and liberties
1. respect for human rights and fundamental freedoms shall be enshrined in the constitution. 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. freedom of movement and freedom of residence may be limited only where expressly provided for in this agreement.
2. greek cypriots and turkish cypriots living in specified villages in the other <component state> shall enjoy cultural and educational rights and shall be represented in the <component state> legislature.
3. the rights of religious and other minorities, including the maronite, the latin and the armenian, shall be safeguarded in accordance with international standards, and shall include cultural and educational rights as well as representation in <common state> and <component state> legislatures.
article 5 the <common state> government
1. the <common state> parliament composed of two chambers, the senate and the chamber of deputies, shall exercise the legislative power:
a. each chamber shall have 48 members. the senate shall be composed of an equal number of senators from each <component state>. the chamber of deputies shall be composed in proportion to persons holding internal <component state> citizenship status of each <component state>, provided that each <component state> shall be attributed no less than one quarter of seats.
b. decisions of parliament shall require the approval of both chambers by simple majority, including one quarter of voting senators from each <component state>. for specified matters, a special majority of two-fifths of sitting senators from each <component state> shall be required.
2. the office of head of state is vested in the presidential council, which shall exercise the executive power:
a. the presidential council shall comprise six members elected on a single list by special majority in the senate and approved by majority in the chamber of deputies. the composition of the presidential council shall be proportional to the number of persons holding the internal <component state> citizenship status of each <component state>, though no less than one-third of the members of the council must come from each <component state>.
b. the presidential council shall strive to reach decisions by consensus. where it fails to reach consensus, it shall, unless otherwise specified, take decisions by simple majority of members voting, provided this comprises at least one member from each <component state>.
c. the members of the council shall be equal and each member shall head a department. the heads of the departments of foreign affairs and european union affairs shall not come from the same <component state>.
d. the offices of president and vice-president of the council shall rotate every ten calendar months among members of the council. no more than two consecutive presidents may come from the same <component state>. the president, and in his absence or temporary incapacity, the vice-president, shall represent the council as head of state and head of government. the president and vice-president shall not enjoy a casting vote or otherwise increased powers within the council.
e. the [executive heads][7] of the <component states> shall be invited to participate without a vote in all meetings of the council in the first ten years after entry into force of the agreement, and thereafter on a periodical basis.
3. the central bank of cyprus, the office of the attorney-general and the office of the auditor-general shall be independent.
article 6 the supreme court
1. the supreme court shall uphold the constitution and ensure its full respect.
2. it shall be composed of nine judges, three from each <component state> and three non-cypriots.
3. the supreme court shall, inter alia, resolve disputes between the <component states> or between one or both of them and the <common state>, and resolve on an interim basis deadlocks within the institutions of the <common state> if this is indispensable to the proper functioning of the <common state>.
article 7 transitional <common state> institutions
1. the <common state> institutions shall evolve during transitional periods, after which these institutions shall operate as described above.
2. upon entry into force of this agreement, the leaders of the two sides shall become co-presidents of cyprus for thirty calendar months. each co-president shall be confirmed by their respective <component state> legislature, which may instead elect another person as co-president, and which shall elect a replacement should the office of co-president fall vacant. the co-presidents shall exercise the executive power during the first year, assisted by a council of ministers which they shall appoint. for the following two years, the executive power shall be exercised by a council of ministers elected by parliament, and the co-presidents shall together hold the office of head of state.
3. <component state> legislatures to be elected within 40 days of entry into force of this agreement shall each nominate 24 delegates (reflecting the political composition of their legislature) to a transitional <common state> parliament to operate for one year.
4. a transitional supreme court shall assume its functions upon entry into force of this agreement.
article 8 demilitarisation
1. bearing in mind that:
a. the treaty of guarantee, in applying mutatis mutandis to the new state of affairs established in this agreement and the constitution of cyprus, shall cover, in addition to the independence, territorial integrity, security and constitutional order of cyprus, the territorial integrity, security and constitutional order of the <component states>;
b. the treaty of alliance shall permit greek and turkish contingents, each not exceeding [insert figure between 2,500 and 7,500 prior to the signature of the comprehensive settlement] all ranks, to be stationed under the treaty of alliance in the greek cypriot <component state> and the turkish cypriot <component state> respectively;
c. greek and turkish forces and armaments shall be redeployed to agreed locations and adjusted to agreed levels, and any forces and armaments in excess of agreed levels shall be withdrawn;
d. there shall be a united nations peacekeeping operation to monitor the implementation of this agreement and use its best efforts to promote compliance with it and contribute to the maintenance of a secure environment, to remain as long as the government of the <common state>, with the concurrence of both <component states>, does not decide otherwise;
e. the supply of arms to cyprus shall be prohibited in a manner that is legally binding on both importers and exporters; and
f. a monitoring committee composed of the guarantor powers, the <common state>, and the <component states>, and chaired by the united nations, shall monitor the implementation of this agreement,
cyprus shall be demilitarised, and all greek cypriot and turkish cypriot forces, including reserve units, shall be dissolved, and their arms removed from the island, in phases synchronized with the redeployment and adjustment of greek and turkish forces.
2. there shall be no paramilitary or reserve forces or military or paramilitary training of citizens. all weapons except licensed sporting guns shall be prohibited.
3. neither <component state> shall tolerate violence or incitement of violence against the <common state>, the <component states>, or the guarantor powers.
4. cyprus shall not put its territory at the disposal of international military operations other than with the consent of greece and turkey or the consent of both <component states>.
5. these provisions do not prejudice the provisions of the treaty of establishment, the treaty of guarantee, the treaty of alliance, the mandate of a united nations peacekeeping operation and the provisions of the constitution on <common state> and <component state> police and the joint investigation agency.
article 9 <component state> boundaries and territorial adjustment
1. the territorial boundaries of the <component states> shall be as depicted in the map which forms part of this agreement.
2. areas subject to territorial adjustment which are legally part of the greek cypriot <component state> upon entry into force of this agreement, shall be administered during an interim period no longer than three years by the turkish cypriot <component state>. administration shall be transferred under the supervision of the united nations to the greek cypriot <component state> in agreed phases, beginning 90 days after entry into force of this agreement with the transfer of administration of largely uninhabited areas contiguous with the remainder of the greek cypriot <component state>.
3. 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.
article 10 property
1. claims by property owners dispossessed by events prior to entry into force of this agreement shall be resolved in a comprehensive manner in accordance with international law, respect for the individual rights of dispossessed owners and current users, and the principle of bi-zonality.
2. in areas subject to territorial adjustment, properties shall be reinstated to dispossessed owners.
3. in areas not subject to territorial adjustment, the arrangements for the exercise of property rights, by way of reinstatement or compensation, shall have the following basic features:
a. dispossessed owners who opt for compensation or whose properties are not reinstated under the property arrangements shall receive full and effective compensation on the basis of value at the time of dispossession adjusted to reflect appreciation of property values in comparable locations;
b. current users, being persons who have possession of properties of dispossessed owners as a result of an administrative decision, may apply for and shall receive title if they agree in exchange to renounce their title to a property, of similar value and in the other <component state>, of which they were dispossessed;
c. persons may also apply for and shall receive title to properties which have been significantly improved provided they pay for the value of the property in original state;
d. there shall be incentives for owners to sell, lease or exchange properties to current users or other persons from the <component state> in which a property is located;
e. properties not covered by the above shall be reinstated five years after entry into force of this agreement (three years for vacant properties), provided that no more than an agreed percentage of the area and residences in either <component state> and an agreed percentage[8] in any given municipality or village (other than villages specifically designated in this agreement) shall be reinstated to owners from the other <component state>; and
f. current users who are cypriot citizens and are required to vacate property to be reinstated shall not be required to do so until adequate alternative accommodation has been made available.
4. property claims shall be received and administered by an independent, impartial property board, composed of an equal number of members from each <component state>, as well as non-cypriot members. no direct dealings between individuals shall be necessary.
article 11 reconciliation commission
1. an independent, impartial reconciliation commission shall promote understanding, tolerance and mutual respect between greek cypriots and turkish cypriots.
2. the commission shall be composed of men and women, in equal numbers from each <component state>, as well as at least one non-cypriot member, which the secretary-general of the united nations is invited to appoint in consultation with the two sides.
article 12 past acts
1. any act, whether of a legislative, executive or judicial nature, by any authority in cyprus whatsoever, prior to entry into force of this agreement, is recognised as valid and, provided it is not inconsistent with or repugnant to any other provision of this agreement or international law, its effect shall continue following entry into force of this agreement.[9] no-one shall be able to contest the validity of such acts by reason of what occurred prior to entry into force of this agreement.
2. any claims for liability or compensation arising from acts prior to this agreement shall, insofar as they are not otherwise regulated by the provisions of this agreement, be dealt with by the <component state> from which the claimant hails.
article 13 entry into force and implementation
1. this agreement shall enter into force at 00:00 hours on the day following confirmed approval by each side at separate simultaneous referenda conducted in accordance with the agreement.
2. upon entry into force of this agreement, there shall be ceremonies throughout the island at which all flags other than those prescribed in the constitution are lowered, the flags of cyprus and of the <component states> raised in accordance with the constitution and relevant legislation, and the anthems of cyprus and of the <component states> played.
3. upon entry into force of this 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.
4. this agreement shall be implemented in accordance with the binding timeframes laid down in the various parts of the agreement and reflected in the calendar of implementation.
article 14 annexes
the above main articles are reflected in detailed legal language in the annexes which form an integral part of this agreement.
draft annex i: constitution of cyprus
part i: basic articles.......................................................................................................... 18
part ii: general provisions.............................................................................................. 18
part iii: fundamental rights and liberties.............................................................. 21
part iv: the <common state> and the <component states>........................... 23
part v: <common state> institutions........................................................................ 27
section a: the legislature......................................................................................................... 28
section b: the executive........................................................................................................... 30
section c: the independent officers and institutions................................................................. 33
section d: the judiciary............................................................................................................ 34
part vi: amendments of this constitution.............................................................. 35
part vii: transitional provisions.................................................................................. 36
part viii: additional provisions...................................................................................... 39
attachment 1: map of cyprus and its <component states>........................... 40
attachment 2: flag of cyprus....................................................................................... 41
attachment 3: anthem of cyprus................................................................................. 42
attachment 4: property of the <common state>............................................... 43
part i: basic articles
article 1 the state of cyprus
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 is prohibited.
4. 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>.
article 2 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 in the attachment to this constitution.
2. the identity, territorial integrity, security and constitutional order of the <component states> shall be safeguarded and respected by all.
3. the <component states> shall organise 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.
part ii: general provisions
article 3 constitution as supreme law
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>.[10]
3. the supreme court shall uphold this constitution and ensure its full respect by the organs of the <common state> and the <component states>.
article 4 rule of law
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.
article 5 secular nature of cyprus and its <component states>
1. the state of cyprus and its <component states> are secular.
2. religious functionaries shall not hold elected or appointed political or public office.
article 6 demilitarisation of <common state> and <component states>
1. the <common state> and the <component states> shall be demilitarised. 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 or the consent of the governments of both <component states>.
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 flags and anthems
1. 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.
2. the anthem of cyprus shall be [insert name of agreed anthem], as attached to this constitution.
3. 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.
article 8 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.
article 9 official holidays of the <common state>
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. each <component state> shall determine and observe its own holidays in addition to those of the <common state>.
4. 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.
part iii: fundamental rights and liberties
article 10 fundamental rights
1. in accordance with article 4(3) of this constitution, the european convention for 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/gürpinar, asomatos/özhan, karpasha/karpaşa and kormakiti/koruçam, and turkish cypriots residing in the tillyria villages of amadhies/günebakan, 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.[11]
article 11 citizenship
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. no one may hold the internal <component state> citizenship status of both <component states>.
article 12 exercise of political rights
cypriot citizens who are at least 18 years old shall enjoy political rights at the <common state> level and exercise them based on their internal <component state> citizenship status.
part iv: the <common state> and the <component states>
article 13 competences and functions of the <common state>
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;[12]
b. relations with the european union;
c. central bank functions, including issuance of currency, monetary policy and banking regulations;
d. <common state> finances, including budget and all indirect taxation (including customs and excise), and <common state> economic and trade policy;
e. natural resources, including water resources;
f. meteorology, aviation, international navigation and the continental shelf and territorial waters[13] of cyprus;
g. communications (including postal, electronic and telecommunications);
h. cypriot citizenship (including issuance of passports) and immigration (including asylum, deportation and extradition of aliens);
i. combating terrorism, drug trafficking, money laundering and organised crime;
j. pardons and amnesties;
k. intellectual property and weights and measures; and
l. 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.
article 14 competences and functions of the <component states>
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>.[14]
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.
article 15 cooperation and coordination
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> or <component state> laws.
2. the <component states> may conclude agreements with each other or with the <common state>. such agreements may create common organisations and institutions on matters within the competence of the parties.
3. the <component states> shall strive to coordinate or harmonise 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 harmonisation process.
5. agreements on such coordination or harmonisation 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.
article 16 joint investigation agency
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.
article 17 external relations
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.
article 18 cyprus as a member of the european union
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.[15] where the acquis communautaire prescribes the creation of single national administrative structures, such structures and the necessary regulations will be established at <common state> level. the establishment of other administrative structures necessary for the implementation of the acquis communautaire will be decided on the basis of efficiency requirements.
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 (or a shorter period if indispensable according to european union requirements), 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.
part v: <common state> institutions
article 19 eligibility and incompatibility and discharge of duties
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>.
article 20 <common state> immunities and exemptions
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.
section a: the legislature
article 21 composition and election of parliament
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 persons holding internal <component state> citizenship status of 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.
article 22 organisation
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 authorisation.
article 23 powers
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 refer to the supreme court allegations of impeachment regarding the 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.
article 24 procedure
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>;[16]
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, water resources 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.
section b: the executive
article 25 the presidential council
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.[17]
6. the composition of the presidential council shall be proportional to the numbers of persons holding the internal <component state> citizenship status of each <component state>, 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][18] of the <component states> to participate without a vote in its meetings.
10. the presidential council shall suggest candidates or appoint members for european union and international bodies, including the european commission, the european human rights court in strasbourg, the european court of the communities in luxemburg and the european court of first instance.
article 26 the president and the vice-president of the council
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.
article 27 the departments
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.
article 28 representation 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.
article 29 the administration of the <common state>
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 population of 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>.
article 30 the <common state> police
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.
section c: independent officers and institutions
article 31 central bank of cyprus
1. the central bank of cyprus shall be independent and operate in accordance with european union requirements.[19]
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.
article 32 other independent officers
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.
article 33 the office of the attorney-general and the deputy attorney-general
[insert article]
article 34 the office of the auditor-general and the deputy auditor-general
[insert article]
section d: the judiciary
article 35 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>, between one or both <component states> and the <common state> and between organs of 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.[20]
5. the supreme court shall have primary criminal jurisdiction over violations of <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 organisation 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.
part vi: amendments of this constitution
article 36 amendments of this constitution
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. the basic articles of this constitution cannot be amended.
3. 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>.
4. amendments shall enter into force 90 days after their approval, unless the amendment otherwise provides.
part vii: transitional provisions
article 37 <component state> institutions
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.
article 38 transitional <common state> parliament
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.
article 39 transitional <common state> head of state
1. for a transitional period of thirty calendar months, 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. each <component state> legislature, as soon as it is constituted, shall confirm the co-president from its <component state> or elect another person to the office.
3. in case of resignation or permanent incapacity of either leader, the legislature of the relevant <component state> shall elect a replacement. if such resignation or incapacity occurs before the legislature of the relevant <component state> has been elected, the most senior judge from that <component state> selected for or appointed to the supreme court shall assume the role of co-president.
4. the co-presidents shall alternate every calendar month in representing the co-presidency as head of state.
article 40 transitional <common state> government
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. thirty calendar months 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 and a half years, during which time the rotation period for the offices of president and vice-president shall be seven months.
article 41 participation of [executive heads] of <component states> in meetings of presidential council
during the first ten years after entry into force of the foundation agreement, the [executive heads][21] of the <component states> shall be invited to participate without a vote in meetings of the council of ministers and, later, the presidential council.
article 42 entry into force of accession treaty to the european union
the referenda approving, together with the foundation agreement, the conditions of accession of cyprus to the european union, shall authorise and oblige the co-presidents to sign and ratify the treaty providing for the accession of cyprus to the european union.[22]
article 43 transitional board of the central bank
the members of the transitional board of the central bank selected in accordance with appendix b of the comprehensive settlement shall assume their functions immediately upon entry into force of the foundation agreement and shall remain in office for 15 calendar months, when they shall be replaced by the board appointed in accordance with the provisions of this constitution by the council of ministers elected by the two chambers of parliament. the transitional board shall exercise the powers provided for the board in the constitution until the regularly appointed board takes office.
article 44 judges of the transitional supreme court
the judges of the transitional supreme court selected in accordance with appendix b of the comprehensive settlement shall assume their functions immediately upon entry into force of the foundation agreement and shall remain in office for 15 calendar months, when they shall be replaced by the judges appointed in accordance with the provisions of this constitution by the council of ministers elected by the two chambers of parliament. the transitional court shall exercise the powers provided for the supreme court in the constitution until the regularly appointed supreme court takes office.
article 45 public service
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.
article 46 responsibility for debts incurred prior to the entry into force of the foundation agreement
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 47 teaching of official languages
the mandatory teaching of the official languages of the <common state> to all secondary school students prescribed in article 8(4) shall commence no later than three years after entry into force of the foundation agreement.
article 48 state-owned property
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.
part viii: additional provisions
[insert further articles]
attachment 1: map of cyprus and its <component states>
[insert topographic map, indicating agreed <component state> boundary]
attachment 2: flag of cyprus
[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 composition and functions of the joint investigation agency
article 1 <component state> police
each <component state> police may not number more than 700 police personnel plus six 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.
article 3 cooperation
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 and <component state> residency rights
article 1 internal <component state> citizenship status upon entry into force of the foundation agreement
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. persons residing, at the time of entry into force of the foundation agreement, in the maronite villages of agia marina/gürpinar, asomatos/özhan, karpasha/karpaşa and kormakiti/koruçam, the mesaoria village of pyla and the karpas villages of rizokarpaso/dipkarpaz, agialousa/yeni erenköy, agia trias/sipahi, melanarga/adacay may, within one year of that date, elect to have the internal <component state> citizenship status of the other <component state>.
3. cypriot citizens 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 to change his/her internal <component state> citizenship status to that of the <component state> where s/he resides.
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
1. 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 28% of its population.
2. no later than 25 years after entry into force of this agreement, the <common state> and the <component states> shall review the relevant constitutional law in light of experience.
3. any restrictions on residence shall not prevent the freedom of movement throughout cyprus, including the right of any cypriot citizen to temporarily (i.e. no more than an average of three nights a week) stay or holiday in their own properties or any other accommodation anywhere in cyprus.
article 7 permissible transitional limitations on residency
1. without prejudice to the provisions of the above article, a <component state> may, during a transitional period of 15 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.
2. permissible restrictions include a moratorium on such residence during the first four years after entry into force of the foundation agreement. thereafter, there may be restrictions if the number of such residents has reached 8% of the population of a village or municipality between the 5th and 9th years and 18% between the 10th and 15th years.
3. 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.
4. there shall be no limitations for establishment of residence by former inhabitants and their descendants in the tillyria villages of amadhies/günebakan, limnitis/yeşilyirmak, selemani/suleymaniye, xerovounos/kurutepe and agios georgios/madenlikoy, the maronite villages of agia marina/gürpinar, 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.[23]
[insert further articles]
draft annex iii: <common state> legislation
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]
attachment 4: law on cypriot citizenship
article 1 general provisions
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.]
article 3 cypriot citizenship upon entry into force of the foundation agreement
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 person who enjoyed permanent residence in cyprus for at least seven years before reaching the age of 18 and for at least one year during the last five years;
c. any person who is married to a cypriot citizen and has enjoyed permanent residence for at least two years in cyprus; and
d. minor children of the persons in the above categories who enjoy permanent residence in cyprus.
2. in addition to the above, persons whose names figure on a list handed over to the secretary-general of the united nations by each party to the comprehensive settlement by 10 march 2003 shall be citizens of cyprus. each side’s list may number no more than 33,000 persons, inclusive of spouses and children, unless there are specific reasons preventing such spouses and children from being considered citizens of cyprus. applicants shall be included on the list based on the length of their residence in cyprus.
article 4 acquisition of cypriot citizenship
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 enjoyed permanent residence in cyprus for at least seven consecutive years, including for no less than four years after entry into force of the foundation agreement, 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 naturalisation
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]
article 8 passports
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
article 1 general provisions
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 permanent residents who are 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 authorise further immigration of turkish nationals if the number of permanent residents who are 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>.[24]
3. upon entry into force of the foundation agreement, the aliens board shall authorise the <component states> to grant permanent residence to nationals of greece and turkey up to the level agreed in the previous paragraph. persons who do not so receive permanent residence may apply for financial assistance to relocate to their country of origin if they have lived in cyprus for no less than [five] years. such assistance shall be in the form of cash grants payable on their arrival in their country of origin, within five years of entry into force of the foundation agreement. the amount of the grant shall be in accordance with a scale, based on a figure of no less than 10,000 euros for a household of four.[25]
article 3 asylum
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.
article 4 the aliens board
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 water resources
[insert text; text shall include provisons ensuring that the natural water resources of cyprus shall be equitably shared between the <component states>]
attachment 13: law on natural resources
[insert text]
attachment 14: law on postal services
[insert text]
attachment 15: law on communications
[insert text]
attachment 16: law on meteorology
[insert text]
attachment 17: law on weights and measures
[insert text]
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