Changes on the Draft Law for Compensation, Exchange, and Reinstatement of the Immovable Properties, approved by the TRNC parliament yesterday (19 December 2005) with 29 votes in favour.

The law that was prepared to meet the principles of the international law and with the aim of being accepted by the European Court of Human Rights as "internal law", in addition to compensation and exchange of the Greek Cypriot properties, left in the North, also envisages their reinstatement.

According to this law, former Greek Cypriot properties with title deeds, or, which are currently being used by the Turkish Cypriots or, are being used as military facility, or for public benefit can only be returned to their Greek Cypriot owners after a settlement. However, after a settlement, the reinstatement of these properties could only be possible following their expropriation by the TRNC state.

The law also regulated conditions for compensation and exchange. In case of application, in order to pay compensation to the relevant Greek Cypriot, the property’s market value in 20 July 1974 and its value increase from 1974 until today will be taken into consideration. While deciding on the compensation, it will also be taken into consideration whether the relevant Greek Cypriot possess any Turkish Cypriot property in the South.

In case of exchange, compensation demand for the loss of use or the moral loss for the individual residences is legally guaranteed.

The law that gives the execution power to the Ministry of Interior and addresses the Attorney –General’s Office as the claimant, envisages to set up a commission of at least seven people.

According to the Law, at least 2 members of the commission would be foreign, and in the definition of the word ‘foreign’ it was stressed that these people should neither be Turkish or Greek Cypriots, nor the citizens of three Guarantor powers, Turkey, Greece and the UK.

Speaking at the parliament’s general assembly meeting on this issue, Deputy Prime Minister and Minister for Foreign Affairs Serdar Denktaþ stated that the “internal law” procedure, which was regulated with the law, would be Turkey’s internal law but the implementing authority would be TRNC.

Serdar Denktaþ stressing that it was out of issue to cancel given title deeds, draw attention to the fact that if the property was to be returned to its Greek Cypriot owner, after the settlement, the Turkish Cypriots’ rights were also protected. Stating that properties that their title deeds were given and which were being used by the Turkish Cypriots would only be returned to their ex-owners after a settlement said at this point expropriation was also guaranteed with this law. Denktaþ said “it is impossible for the state to not recognize its own title deeds”.

Stressing that the principle of bi-zonality, which is as important as the principle of political equality, was also guaranteed and protected with this law Serdar Denktas said the political equality and bi-zonality were Turkish Cypriots rights and cannot be negotiated and this law further strengthened these two points.

Prime Minister Ferdi Sabit Soyer for his part stated that the side that wanted to shift the Cyprus issue for its own favour before a settlement, should take steps on the property issue.

Soyer stated that the law was prepared to be in conformity with the possible settlement on the bases of political equality and with the changing conditions.

Soyer stressing that if the European Court of Human Rights accepted this as an internal law the economy would be strengthened and the values of the properties would increase, said, therefore, the Turkish Cypriots needed this Law.

Pointing out that the Law envisaged a settlement on the bases of bi-zonality, Prime Minister Soyer said they would make an additional budget for compensations and if the court decides for compensation they would pay this money.

In a press statement issued yesterday, Deputy Prime Ministry and Ministry of Foreign Affairs referring to the latest UN Resolution extending the mandate of the UNFCYP for a further six months period, stressed that reference to the Greek Cypriot administration as the "Cyprus Government" is unacceptable.

Pointing out that the Turkish side’s constructive approach on the issue of the opening of Ledra Street crossing point was ignored, the statement said, an indirect support was given to the Greek Cypriot administration’s policy of preventing the opening of the crossing point.

The full text of the statement is as follows:

The mandate of the United Nations Peacekeeping Force in Cyprus (UNFICYP) has been extended for a further period of 6 months by the United Nations Security Council with Resolution 1642 adopted on 14 December 2005.

The Resolution states that the mandate of the United Nations Peacekeeping Force has been extended with the consent of the so- called "Government of Cyprus". The reference to the Greek Cypriot Administration, which has usurped the legitimate government by force of arms since 1963 as the "Government" is unacceptable for the Turkish Cypriot side. It is a fact that the Greek Cypriot Administration to which reference is made has sovereignty only over the South of the island and does not represent the Turkish Republic of Northern Cyprus.

It is unfortunate that the Resolution, by equally calling upon both sides for the resumptions of negotiations to reach a comprehensive settlement, overlooks the fact that it is Greek Cypriot side which poses an obstacle on the path to a political settlement. By putting forward unacceptable conditions, the Greek Cypriot leadership is impeding a possible initiative by the United Nations. At the present stage we have reached, it is abundantly clear that it is Greek Cypriot side which should take steps for a comprehensive solution.

The 28 May 2004 dated Report on the UN Secretary General’s Mission of Good Offices which sheds light on the further steps to be taken after summarizing the Annan Plan prepared to reach a comprehensive settlement within the framework of negotiations process under the auspicious of the United Nations Secretary General and the developments following submission of the Plan to general referenda constitutes the latest milestone in the mentioned process. Taking into consideration this report, it is difficult to comprehend the emphasize put on the outdated resolution numbered 1251 adopted by the Security Council in 1999.

It is not possible to comprehend why the rule stipulating that all the Peace Forces operating around world are required to fulfill their duties upon the consent and cooperation of all parties concerned in order to be able to carry out their duties successfully is being ignored for the UN Peace Force in Cyprus and why the consent and approval of both sides is not reflected either in Secretary-General’s report regarding the activities of the UN Peace Force or in the resolution.

The practise of avoiding the organisation of military exercises mutually since 2001 with the purpose of contributing to peace and stability in the Eastern Mediterranean and creating an environment far away from tension has been terminated by the irresponsible attitude of the Greek Cypriot side that carried out the Nikiforos military exercise using attack helicopters. However, this irresponsible behaviour of the Greek Cypriots has not been criticised clearly enough by the resolution numbered 1642.

Similarly, the Resolution overlooks the constructive stance of the Turkish Cypriot side on the issue of opening the Ledra Street Crossing Point and indirectly supports the Greek Cypriot policy of preventing the opening of crossing point by not demolishing the wall. Moreover, we observed with regret that the Greek Cypriot side’s refusal to enter into dialogue even on humanitarian issues despite our calls and its practical refusal to permit the entry of commercial vehicles to the South is not reflected in the said Resolution.

Besides, we consider the said Resolution’s reference to the village of Akyar, which has no connection to the buffer zone and falls outside the mission of the UN Peacekeeping Force as a baseless approach and are of the view that the demand regarding Akyar is unjust and unnecessary.

We consider it a serious shortcoming that the opportunities provided by the Turkish Cypriot side for the Greek Cypriot students living in Rizokarpaz and the refusal of the Greek Cypriots to open a Turkish Cypriot primary school in Limassol in violation of the fundamental human rights, despite its written assurance to the UNFICYP, is not reflected in the Resolution.

We welcome the Resolution record which states that UNFICYP’s functions shall closely be observed by the Secretary General by taking into consideration the views of both sides.

As the Turkish Cypriot side, we would like to express once again our determination on the issue of improving co-operation between UN and UNFICYP and reiterate our expectations that the constructive and solution oriented approach we have displayed so far is reflected in the Security Council Resolutions and the Greek Cypriot leadership is motivated for reaching a solution.