you are free you use or modify the text below to write to your elected
representatives in protest against this plan
e-mail addresses are given at the bottom of the page
(replace the sections in [...] with your own personal details)
Analysis by Former Greek Ministers
The Legal Dangers of Annan's "plan"
Articles and mass demonstrations in opposition to the
"plan"
Photos of demonstrations
86% Reject Perverted Plan
Legal action planned against Kofi Annan
Letters of Protest
Refugees
Denounce Annan plan as “Satanic, accursed and an abomination”
Campaign against Annan plan travels to London
The following letter was published in ELEFTHERIA (Greek Weekly Independent Newspaper for London) on Thursday 25 February 2004, Pages 15-16.
18 February 2004
President Tassos
Papadopoulos of the Republic of Cyprus
Nicosia
Cyprus
Your Excellency,
My parents are from the
villages of Pyrga and Yiallousa in the district of Famagousta in the part of
Cyprus illegally occupied by Turkey since 1974.
I am writing to you today in
protest at the basis of the negotiations that are being held concerning the
unethical plan proposed by UN Secretary General Kofi Annan whose purpose is to
create legalised system of apartheid in Cyprus by striping the Greek Cypriots
of all of their fundamental rights and which fails to meet any of the
requirements for a just and viable solution to the problem of the illegal
Turkish invasion and occupation of Cyprus.
Through the press it has
come to my attention that most of the major concerns of the Greek Cypriots
especially the rights the refugees will not be insisted on by the Greek Cypriot
negotiators and instead the Greek Cypriot side will be unfairly and unjustly
compromised.
I ask that you publicly
guarantee that the Greek Cypriot side will not accept the Annan plan or
referenda in any way shape of form unless substantial changes are made to the
plan so that it becomes fair, just, viable and workable and complies with
international law, the EU acquis and democratic and human rights norms.
I ask that you make a public
commitment that the Greek Cypriot side will demand that Kofi Annan state in his
plan that all Turkish troops and all Turkish colonists must be removed from
Cyprus soil before the state of affairs set up by the plan comes into force in
accordance with the Greek Cypriot proposals for a federal republic voted for by
the Cyprus parliament in 1989 and that these conditions be ratified by the
Turkish parliament and president before any further negotiations on any other
aspect of the Annan plan take place. Cyprus must not agree to disband the
national guard unless a comparable force composed of EU member states replaces
it so that Turkey has no opportunity to renege on its commitments.
I ask that you make a public
commitment that the Greek Cypriot side will demand from Kofi Annan that the
property rights of the Greek Cypriots refugees must be respected and not
compromised in any way by his plan.
The idea behind the so-called “Property Board” that has been devised by
Mr Annan is to extra-judicially strip the Greek Cypriot refugees who own 90% of
the property in the occupied areas of their homes, land and businesses worth
hundreds of billions of pounds and deny them the right of access to the
European Court of Human Rights. Not one penny in compensation will be received
by the refugees since Mr Annan already recognises that the compensation fund
will be insufficient and thus the refugees will have to pay compensation to
themselves through higher taxes.
The unethical Annan plan
must be changed so that it does not legalise theft and ethnic cleansing and
guarantees that the refugees can to return to their homes in safety and that
their democratic rights in the place the choose to reside are respected. All
villages and regions where Greek Cypriots form the majority, including Kyrenia
and Karpasia must come under Greek Cypriot majority rule.
The panel of experts which
was commissioned by the Cyprus government in 1999 to report on the “Legal
Issues arising from certain population transfers and displacements on the
territory of the Republic of Cyprus in the period since 20 July 1974” concluded
that the establishment of a “Property Board” of the kind proposed by Mr Annan
is completely illegal and unethical.
The Greek Cypriot side must
insist on the removal of this body from the Annan Plan and demand that all
properties be returned to their legal owners on the basis of the title deeds
and the existing judgments of the European Court of Human Rights and that all
property disputes which might arise between owners be dealt with by the courts
of the land on the basis of the law and the right of appeal to the European
Court of Human Rights must be guaranteed.
According to Mr Annan the
judiciary of the supreme court will be appointed on the basis of race and
religion and there will be deliberate discrimination against Greek Cypriots.
Once again the Annan plan is revealed to be completely unethical.
In a federal democracy the
supreme court and all intermediary courts must be free from political control
and racial and religious bias and this is clearly not the case in the Annan
Plan.
The Greek Cypriot side must
demand that the judiciary of the supreme court and all intermediary courts be
appointed on the basis of competence in the law and that no bias or
discrimination on the basis of race or religion can be allowed by the
constitution.
The Greek Cypriot leadership
must demand that the places on the supreme court and all intermediary courts be
allocated to Cypriots only and the selection procedure be carried out in a way
so as to reflect the composition of the population and that no quotas on the
basis of race or religion should be set down.
The allocation of seats in
the Federal Senate and Chamber of Deputies set up by the Annan plan is
completely undemocratic and deliberate unjustified discrimination is being
imposed against the Greek Cypriots by Mr Annan.
The Turkish Cypriots at
present constitute only 10% of the population and have never made up more than
18% of the Republic of Cyprus’ population. Kofi Annan shows in his unethical
plan that he has no respect for democracy or political equality unlike his
predecessors. The UN Secretary General in the eleventh paragraph of annex I to
his report dated 8 March 1990 (S/21183); notes that political equality is not
the same as numerical equality. Political equality means one person one vote.
Not only have the Turkish
Cypriots been given 50% of the seats in the Senate and 25% of the seats in the
Chamber of Deputies which bares no relation to their proportion of the
population but Annan has given all minority political parties a means by which
to veto all legislation unless 25% of the Senators from either side vote in
favour.
No democratic state anywhere
in the world has a constitution that outlaws majority rule but this is what the
Annan Plan does. Acceptance of anything short of majority rule will make the
country completely ungovernable and the Annan plan is already worse than the
state of affairs created by the unworkable 1960 constitution and even the
Boutros Ghali Set of Ideas which was worse still.
The Greek Cypriot side must
demand that the seats in each of the Federal Chambers be allocated on the basis
of proportionality with the population and that no quotas of seats or regional
or party specific quorums or qualifying majorities be allowed. A simple
majority in each chamber should be enough to pass legislation and if there is
deadlock between the chambers the President must have the power on receipt of a
majority in the Chamber of Deputies to pass legislation by decree.
Since the structure of the
constitution will be that of a federation there is no reason for matters to
arise in the federal parliament which will have an effect on one specific
section of the population or community without them having a fair say. On the
other hand on the so-called constituent state level there will be many
situations in which one section of the population or community will not have an
adequate say in affairs which concern it compared to the other section and thus
the powers and areas of authority and competence of each so-called constituent
must be allocated directly to them by the federal parliament and should be
limited in scope and as few and as possible and the federal parliament must
have the power to take back these allocations if it sees fit in order to
protect the constitution. The Greek Cypriot side must demand this structure be
implemented in the Annan plan so that it can become fair and workable.
The Greek Cypriot leadership
must make it clear to the ethically challenged UN Secretary General Mr Annan
that a rotating presidency is completely unacceptable and that it should be up
to the president alone to decide on who he chooses to serve as ministers in his
cabinet on the basis of competence in each department. A minority which
currently makes up only 10% of the population can have no preordained right to
one third of the ministerial positions as suggested by Annan in his plan which
unreasonably discriminates against the Greek Cypriot majority.
The Greek Cypriot side must
demand that the president and vice president be elected by the people on the
democratic basis of one person one vote and there is no discrimination on the
basis race or religion against any of the candidates. No weighting of votes
should be applied to the votes of any candidate under any circumstances. If the
president is unable to carry out his duties the Federal Parliament should have
the power to decide of who is to deputize for him since this is the only fair
way to ensure the political will of the people is respected. The situation must
not arise where 82% of the population are governed by an acting president who
has the support of only 18%.
If these basic demands are
not accepted by Mr Annan, Cyprus will cease to be a democratic multi-party
state but will instead be turned into two factions based around a system of
Apartheid.
If after March 29 Denktash
and Turkey refuse to compromise and Mr Annan insists on continuing with his
unethical plan for creating an apartheid state and putting it to a referendum
with little or no changes for the good then I demand that you publicly denounce
Kofi Annan as an unprincipled, immoral and unethical hypocrite and demand his
immediate resignation as United Nations Secretary General and demand that the
UN General Assembly and Security Council take immediate action to implement
their own resolutions using all necessary means as they did when Saddam Hussein
invaded Kuwait.
The Greek Cypriot side must
not agree to any kind of referenda on the Annan plan unless it complies with
the fundamental principles of fairness, viability, functionality, human rights,
democracy, ethics, justice and morality stated above. The illegal Turkish
colonists must not be allowed to vote in the referenda and before any the
referenda take place or any decision to accept the plan is made a census must
be carried out in the occupied areas and the plan must be put to parliament for
discussion and adequate time must be allowed for campaigning and to register
the population including those residing abroad which Kofi Annan’s current
deadlines do not allow for otherwise the referenda will be illegal in European
Law.
I have no faith in the
negotiations which are taking place because their only purpose is to put
pressure on the Greek Cypriot side to legitimise the products of illegal
Turkish aggression, genocide and ethnic cleansing in order to appease Turkey
for the gratification of America and to serve NATO interests there. If the
Annan plan was about obtaining and just and viable solution to the problem of
the illegal Turkish invasion and occupation of Cyprus which violates
international law the UN charter and over 130 Security Council resolutions then
it would have contained only 3 provisions all of which Turkey would have to
accept and abided by:
1) All Turkish troops must
immediately and unconditionally be removed from Cyprus soil,
2) All Turkish colonists
must immediately and unconditionally be repatriated.
3) All refuges must be allowed
to return to their homes in safety and have their rights respected.
Yours faithfully,
Argyros George Argyrou BSc (Hons.)
14 November 2002
President Glafkos Clerides of the Republic
of Cyprus
Nicosia
Cyprus
Your Excellency,
[My parents are from the villages of Pyrga
and Yiallousa in the district of Famagousta in the part of Cyprus illegally
occupied by Turkey since 1974.]
I am writing to you today in anger, disgust
and outrage at the “plan” for Cyprus future which was put together by UN Secretary
General Kofi Annan and the governments of Great Britain and the United States
in bad faith and which fails to meet any of the requirements of a just
solution to the problem of the Turkish invasion of Cyprus.
Cyprus Attorney-General Alecos Markides has
described the provisions of Kofi Annan’s “plan” as incomprehensible.
Gunter Verheugen the European Union
Commissioner responsible for enlargement has now publicly stated that "some
provisions in the UN proposals are not fully compatible with acquis communautaire".
Not only does this “plan” violate the
UN's own resolutions which demand a Federation and not a Confederation
like the Swiss model that is being suggested.
Not only does this “plan” fail to adhere
with the judgments of the European Court of Human Rights which demand that all
refugees must return to their homes unimpeded, have the right to freedom of
movement, the right of property ownership, the right of settlement anywhere
they like, and that Turkey must pay damages and reparations which do not affect
the continuation of refugees right of ownership.
Annan’s “plan” also violates the Laws of the
European Union and the Treaty of Rome.
Its only aim is to reward Turkish
aggression, the brutal Turkish massacre and rape and ethnic cleansing of our
people and blackmail Cyprus before the decision is made on its EU
membership.
This plan is even worse for Cyprus
than UN Secretary General Ghalis Set of Ideas presented in 1992 which were
rejected by both sides and leaves Cyprus at the mercy of Turkey which has no
respect for human rights, UN resolutions or international law.
Annan’s plan is deliberately designed to be
only acceptable to Turkey with unjust concession after unjust concession and
nothing in return.
The refugees will have to wait over 20 years
before they can even go back to the less than 9% of the territory which might
be returned and which will be put under Turkish administration for at least 3
years and will not be allowed to constitute more than 20% of the population of
the rest of the territory at the end of this time, and our legal system which
already meets EU standards of justice will be controlled by foreigners.
All the illegal Turkish colonists will be
allowed stay and keep the Greek Cypriot land and properties they have stolen
which makes up 90% of the occupied areas.
Not one refugee will see a penny in
compensation which will have to be paid by the refugees themselves out of their
own taxes and not by the aggressor Turkey. By this time all the refugees who
were born in the north will either be dead or in their 50’s.
Cyprus will be completely disarmed and face
an embargo on new weapons and spare parts while Turkey gets to keep 10,000
troops on the island fully armed with up to date weaponry which will only be
reduced to that level in 2 years.
Instead of a UN, International or EU force
guaranteeing Cyprus security there will be nothing but the three
guarantor powers which all failed Cyprus.
Turkey perpetrated a monstrous and brutal
genocide on the people of Cyprus so can never be a guarantor.
Britain deliberately allowed Turkey to annihilate the people of Cyprus
when it could have stopped their annihilation, and Greece betrayed
Cyprus to serve American interests.
A minority which now makes up less than 10%
of the population will be allowed to hold on to 29% of the territory and over
60% of the coastline which was taken by force. They will be given half of the
seats in parliament and instead of the 3 out of 10 places on the council of
ministers they were given in the unworkable 1960 constitution which is 30% they
will now have 2 out of 6 seats including the president which is 33%.
It is obvious where this figure came from.
Cyprus demanded representation proportional to population on the council which
means 2 seats out of 10 and the British and Americans who devised the “plan” in
bad faith promptly reduced the seats on the council to 6 so that
proportionally with population could not be implemented in practice.
On top of this the position of president
will rotate every 10 months. This is a recipe to make Cyprus ungovernable for
future disaster. Cyprus told the UN that a one year rotating presidency was
unacceptable so the British and Americans again in bad faith promptly
reduced the term to less than a year.
What the Americans, who orchestrated the
Turkish occupation in the first place when Kissinger ordered President Makarios
to be murdered and prevented British troops from stopping the
Turkish invasion, want is to give the Turks everything they want so that they
will accept the “plan” and this will put pressure on the innocent Greek Cypriot
victims to accept their own annihilation in their own country.
Annan’s “plan” can never be accepted
by the Refugees.
It is in Cyprus interest to wait a year
until we join the EU and there we can put pressure on Turkey.
The solution to the problem of the Turkish
invasion of Cyprus must be based on justice not compromise. Justice
which is compromised is no justice at all.
All Turkish troops and colonists must be removed from Cyprus soil
immediately and without conditions attached. This element of a solution can not
be the basis of negotiation. It must be demanded outright by the Republic of
Cyprus
All the refugees must be allowed to return to their own homes in every part
of Cyprus and those illegally occupying them must leave the refugees property
and all the villages they did not occupy before the Turkish invasion so as not
to alter the demography. The refugees must also have full recourse to the
European courts to secure their rights and demand damages and reparations which
Turkey must pay. This element of a solution again can not be the basis of
negotiation. It must also be demanded outright by the Republic of Cyprus.
The system of government and justice must be
based on the principle of proportionality with the population without any kind
of fixed quotas that compromise that proportionality. The president must be
elected by the majority of the electorate and stay in office for the full
duration of his full term so that Cyprus can have a strong government and
strong economy.
Cyprus sovereignty, independence, and
territorial integrity must be guaranteed by the European Defence Force (ESDP)
after EU membership and no foreigners can be allowed to determine matters
pertaining to Cyprus right to self defence or who Cyprus can or cant invite to
use its soil for defensive purposes and related matters of security.
I wish to receive assurances from you and
from the governments of Cyprus and Greece that what I have asked for in the
last 6 paragraphs will be adhered to and that Cyprus will not be sold out to
serve foreign interests.
I also wish to receive assurances from you
and from the governments of Cyprus and Greece the Kofi Annan’s “plan” will not
be accepted in any way shape or form.
Below I have summarised the legal aspects of
Annan’s plan and the UN Resolutions, European Human Rights Laws and Acquis
Communautaire which it fails to comply with. I hope it will be of use.
Annan’s “plan” violates 10 United
Nations Security Council Resolutions which demand a solution based on a
Federation and not on the Swiss model which is a Confederation and the basis of
his plan.
"Swiss Constitution
Title 1 General Provisions
Article 1 Swiss Confederation
The Swiss People and the Cantons of Zurich,
Berne, Lucerne, Uri, Schyz, Obwald, Nidwald, Glarus, Zug, Fribourg, Solothurn, Basel-City,
Basel-Land, Schaffhausen, Appenzell Outer-Rhodes, Appenzell Inner-Rhodes, St.
Gall, Grisons, Aargau, Thurgau, Ticino, Vaud, Valais, Neuchâtel, Geneva, and
Jura form the Swiss Confederation.
Article 2 Purpose
(1) The Swiss Confederation protects
the liberty and rights of the people and safeguards the independence and
security of the country…."
UN RESOLUTION 649 (1990)
"1. Reaffirms, in particular, its
resolution 367 (1975), as well as its support for the 1977 and 1979 high-level
agreements between the leaders of the two communities in which they pledged
themselves to establish a bi-communal Federal Republic of Cyprus that
will safeguard its independence, sovereignty, territorial integrity and
non-alignment, and exclude union in whole or in part with any other country and
any form of partition or secession;"
RESOLUTION 716 (1991)
"3. Reaffirms its position on the
Cyprus question, expressed most recently in resolution 649 (1990) and in line
with the 1977 and 1979 high-level agreements between the parties in Cyprus,
that the fundamental principles of a Cyprus settlement are the sovereignty,
independence, territorial integrity and non-alignment of the Republic of
Cyprus; the exclusion of union in whole or in part with any other country and
any form of partition or secession; and the establishment of a new
constitutional arrangement for Cyprus that would ensure the well-being and
security of the Greek Cypriot and Turkish Cypriot communities in a bi-communal
and bi-zonal federation;"
RESOLUTION 750 (1992)
"2. Reaffirms the position, set
out in resolutions 649 (1990) and 716 (1991), that a Cyprus settlement must be
based on a State of Cyprus with a single sovereignty and international
personality and a single citizenship, with its independence and territorial
integrity safeguarded, and comprising two politically equal communities as
defined in paragraph 11 of the Secretary-General’s report (S/23780) and in a
bi-communal and bi-zonal federation, and that such a settlement must
exclude union in whole or in part with any other country or any form of
partition of secession;"
RESOLUTION 939 (1994)
"2. Reaffirms its position that a
Cyprus settlement must be based on a State of Cyprus with a single sovereignty
and international personality and a single citizenship, with its independence
and territorial integrity safeguarded, and comprising two politically equal
communities as described in the relevant Security Council resolutions, in a
bi-communal and bi-zonal federation, and that such a settlement must
exclude union in whole or in part with any other country or any form of
partition or secession;"
RESOLUTION 1092 (1996)
14. Reaffirms its position that a Cyprus
settlement must be based on a State of Cyprus with a single sovereignty and
international personality and a single citizenship, with its independence and
territorial integrity safeguarded, and comprising two politically equal
communities as described in the relevant Security Council resolutions, in a
bi-communal and bi-zonal federation, and that such a settlement must
exclude union in whole or in part with any other country or any form of
partition or secession;
RESOLUTION 1117 (1997)
"11. Reaffirms its position that a
Cyprus settlement must be based on a State of Cyprus with a single sovereignty
and international personality and a single citizenship, with its independence
and territorial integrity safeguarded, and comprising two politically equal
communities as described in the relevant Security Council resolutions, in a
bi-communal and bi-zonal federation, and that such a settlement must
exclude union in whole or in part with any other country or any form of
partition or secession;"
RESOLUTION 1146 (1997)
"12. Reaffirms its position that a
Cyprus settlement must be based on a State of Cyprus with a single sovereignty
and international personality and a single citizenship, with its independence
and territorial integrity safeguarded, and comprising two politically equal
communities as described in the relevant Security Council resolutions, in a
bi-communal and bi-zonal federation, and that such a settlement must
exclude union in whole or in part with any other country or any form of
partition or secession;"
RESOLUTION 1179 (1998)
"2. Reaffirms its position that a
Cyprus settlement must be based on a State of Cyprus with a single sovereignty
and international personality and a single citizenship, with its independence
and territorial integrity safeguarded, and comprising two politically equal
communities as described in the relevant Security Council resolutions, in a bi-communal
and bi-zonal federation, and that such a settlement must exclude union
in whole or in part with any other country or any form of partition or
secession;"
RESOLUTION 1217 (1998)
"7. Reaffirms its position that a
Cyprus settlement must be based on a State of Cyprus with a single sovereignty
and international personality and a single citizenship, with its independence
and territorial integrity safeguarded, and comprising two politically equal
communities as described in the relevant Security Council resolutions, in a
bi-communal and bi-zonal federation, and that such a settlement must
exclude union in whole or in part with any other country or any form of
partition or secession; "
RESOLUTION 1251 (1999)
"11. Reaffirms its position that a
Cyprus settlement must be based on a State of Cyprus with a single sovereignty
and international personality and a single citizenship, with its independence
and territorial integrity safeguarded, and comprising two politically equal
communities as described in the relevant Security Council resolutions, in a
bi-communal and bi-zonal federation, and that such a settlement must
exclude union in whole or in part with any other country or any form of
partition or secession;"
Annan’s “plan” fails to pay any attention to UN Resolutions demanding
the removal of all Turkish troops, the removal of Turkish colonists, and the
return of all refugees.
Instead the “plan” allows the
occupation troops to remain, it allows the illegal colonists whose presence its
regarded by the UN as tantamount to genocide to remain, and prevents the
refugees from retuning to their homes.
General Assembly RESOLUTION 3212 (XXIX)
(1974)
"2. Urges the speedy withdrawal of all
foreign armed forces and foreign military presence and personnel from the
Republic of Cyprus and the cessation of all foreign interference in its
affairs; "
"5. Considers that all the refugees
should return to their homes in safety and calls upon the parties concerned to
undertake urgent measures to that end; "
Security Council RESOLUTION 365 (1974)
"1. Endorses General Assembly
resolution 3212(XXIX) and urges the parties to implement it as soon as
possible; "
General Assembly RESOLUTION 37/253 (1983)
"7. Considers the withdrawal of all
occupation forces from the Republic of Cyprus as an essential basis for a
speedy and mutually acceptable solution of the Cyprus problem; "
"8. Demands the immediate withdrawal of
all occupation forces from the Republic of Cyprus; "
UN Resolution 1987/19 (1987) RESOLUTION OF
THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES
"1. Demands the full restoration of all
human rights to the whole population of Cyprus, including the freedom of
movement, the freedom of settlement and the right to property; "
"3. Expresses its concern also at the
policy and practice of the implantation of settlers in the occupied territories
of Cyprus which constitute a form of colonialism and attempt to change
illegally the demographic structure of Cyprus; "
Annan’s “plan” violates 3 articles of the European Convention of Human
Rights by preventing the refugees from returning to their homes.
a violation of Article 8 (right
to respect for private and family life, home and correspondence) concerning the
refusal to allow the return of any Greek-Cypriot displaced persons to their
homes in northern Cyprus;
a violation of Article 1 of
Protocol No. 1 (protection of property) concerning the fact that Greek-Cypriot
owners of property in northern Cyprus are being denied access to and
control, use and enjoyment of their property as well as any compensation for
the interference with their property rights (compensation which does not
prejudice their continued rights of ownership of said property);
a violation of Article 13 (right
to an effective remedy) concerning the failure to provide to Greek Cypriots not
residing in northern Cyprus any remedies to contest interferences with their
rights under Article 8 and Article 1 of Protocol No. 1.
"ARTICLE 8
Everyone has the right to respect for his
private and family life, his home and his correspondence.
There shall be no interference by a public
authority with the exercise of this right except such as is in accordance with
the law and is necessary in a democratic society in the interests of national
security, public safety or the economic well-being of the country, for the
prevention of disorder or crime, for the protection of health or morals, or for
the protection of the rights and freedoms of others. "
"PROTOCOL 1
ARTICLE 1
Every natural or legal person is entitled to
the peaceful enjoyment of his possessions. No one shall be deprived of his
possessions except in the public interest and subject to the conditions
provided for by law and by the general principles of international law.
The preceding provisions shall not, however,
in any way impair the right of a State to enforce such laws as it deems
necessary to control the use of property in accordance with the general
interest or to secure the payment of taxes or other contributions or
penalties."
"ARTICLE 13
Everyone whose rights and freedoms as set
forth in this Convention are violated shall have an effective remedy before a
national authority notwithstanding that the violation has been committed by
persons acting in an official capacity."
Annan’s “plan” violates Article 3 of Treaty of Rome by denying refugees
the freedom of movement of goods, persons, services and capital; Article 8 by
denying refugees the right to vote and to stand as a candidate at municipal
elections; and Article 8 by denying refugees the right to vote and to stand as
a candidate in elections to the European Parliament in the Member State in
which they reside.
It also violates Article 48 of
the Treaty of Rome by preventing the free movement of Workers.
It also violates Article 52 and
Article 53 of the Treaty of Rome by preventing the refugees from
setting up their own business in the occupied areas.
It also violates Article 59 of
the Treaty of Rome by preventing the refugees from providing services in
the occupied areas.
It also violates Article 3 of the
Treaty of Rome by making it impossible for the Cyprus government to make
decisions on the implementation of the acquis communautaire in its own
territory.
Treaty of Rome
"Part One. Principles
Article 3.
For the purposes set out in Article 2, the
activities of the Community shall include, as provided by this Treaty and in
accordance with the timetable set out therein:
(c) an internal market characterized by the
abolition, as between Member States, of obstacles to the free movement of
goods, persons, services and capital;
(h) the approximation of the laws of the
Member States to the extent required for the functioning of the common market;
"
"Article 7a. The Community shall adopt
measures with the aim of progressively establishing the internal market over a
period expiring on 31 December 1992, in accordance with the provisions of this
Article and of Articles 8b, 8c, 28, 57(2), 59, 70(1), 84, 99, 100a and 100b and
without prejudice to the other provisions of this Treaty.
The internal market shall comprise an area
without internal frontiers in which the free movement of goods, persons,
services and capital is ensured in accordance with the provisions of this
Treaty."
"Article 7c. When drawing up its
proposals with a view to achieving the objectives set out in Article 8a, the
Commission shall take into account the extent of the effort that certain
economies showing differences in developments will have to sustain during the
period of establishment of the internal market and it may propose appropriate
provisions.
If these provisions take the form of
derogations, they must be of a temporary nature and must cause the least
possible disturbance to the functioning of the common market."
"Part Two. Citizenship of the Union
Article 8.
Citizenship of the Union is hereby
established.
Every person holding the nationality of a Member State shall be a citizen of
the Union.
Citizens of the Union shall enjoy the rights
conferred by this Treaty and shall be subject to the duties imposed thereby.
Article 8a.
Every citizen of the Union shall have the
right to move and reside freely within the territory of the Member States,
subject to the limitations and conditions laid down in this Treaty and by the
measures adopted to give it effect.
The Council may adopt provisions with a view
to facilitating the exercise of the rights referred to in paragraph l; save as
otherwise provided in this Treaty, the Council shall act unanimously on a
proposal from the Commission and after obtaining the assent of the European
Parliament.
Article 8b.
Every citizen of the Union residing in a
Member State of which he is not a national shall have the right to vote and to
stand as a candidate at municipal elections in the Member State in which he
resides, under the same conditions as nationals of that State. This right shall
be exercised subject to detailed arrangements to be adopted before 31 December
1994 by the Council, acting unanimously on a proposal from the Commission and
after consulting the European Parliament; these arrangements may provide for
derogations where warranted by problems specific to a Member State.
Without prejudice to Article 138(3) and to the provisions adopted for its
implementation, every citizen of the Union residing in a Member State of which
he is not a national shall have the right to vote and to stand as a candidate
in elections to the European Parliament in the Member State in which he
resides, under the same conditions as nationals of that State. This right shall
be exercised subject to detailed arrangements to be adopted before 31 December
1993 by the Council, acting unanimously on a proposal from the Commission and
after consulting the European Parliament; these arrangements may provide for
derogations where warranted by problems specific to a Member State. "
"TITLE III. FREE MOVEMENT OF PERSONS,
SERVICES AND CAPITAL
CHAPTER 1. WORKERS
Article 48.
Freedom of movement for workers shall be
secured within the Community by the end of the transitional period at the
latest.
Such freedom of movement shall entail the abolition of any discrimination based
on nationality between workers of the Member States as regards employment,
remuneration and other conditions of work and employment.
It shall entail the right, subject to limitations justified on grounds of
public policy, public security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with
the provisions governing the employment of nationals of that State laid down by
law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in
that State, subject to conditions which shall be embodied in implementing
regulations to be drawn up by the Commission.
The provisions of this Article shall not apply to employment in the public
service. "
"CHAPTER 2. RIGHT OF ESTABLISHMENT
Article 52. Within the framework of the
provisions set out below, restrictions on the freedom of establishment of
nationals of a Member State in the territory of another Member State shall be
abolished by progressive stages in the course of the transitional period. Such
progressive abolition shall also apply to restrictions on the setting up of
agencies, branches, or subsidiaries by nationals of any Member State
established in the territory of any Member State.
Freedom of establishment shall include the
right to take up and pursue activities as self-employed persons and to set up
and manage undertakings, in particular companies or firms within the meaning of
the second paragraph of Art. 58, under the conditions laid down for its own
nationals by the law of the country where such establishment is effected,
subject to the provisions of the Chapter relating to capital.
Article 53. Member States shall not
introduce any new restrictions on the right of establishment in their
territories of nationals of other Member States, save as otherwise provided in
this Treaty."
"CHAPTER 3. SERVICES
Article 59. Within the framework of the
provisions set out below, restrictions on freedom to provide services within
the Community shall be progressively abolished during the transitional period
in respect of nationals of Member States who are established in a State of the
Community other than that of the person for whom the services are
intended."
"Article 60. Services shall be
considered to be 'services' within the meaning of this Treaty where they are
normally provided for remuneration, in so far as they are not governed by the
provisions relating to freedom of movement for goods, capital and persons.
'Services' shall in particular include:
(a) activities of an industrial character;
(b) activities of a commercial character;
(c) activities of craftsmen;
(d) activities of the professions.
Without prejudice to the provisions of the Chapter relating to the right of establishment, the person providing a service may, in order to do so, temporarily pursue his activity in the State where the service is provided, under the same conditions as are imposed by that State on its own nationals."
Yours faithfully,
[Argyros George Argyrou BSc (Hons.)]
cc. Cyprus High Commissioner to
London
cyphclondon@dial.pipex.com
cc. President Papadopoulos and
former President Clerides of the
Republic of Cyprus
grafio.proedrou@cytanet.com.cy
cc. Greek Foreign Minster George
Papandreou
dialogue@mfa.gr
cc. Greek Prime Minster Costas
Simitis
mail@primeminister.gr
cc. President of the European
Parliament Pat Cox
pcox@europarl.eu.int
cc. President of the European
Commission Romano Prodi
romano.prodi@cec.eu.int
cc. Theresa Villiers MEP London
tvilliers@europarl.eu.int
cc. UN Secretary General Kofi
Annan
ecu@un.org
click>>>>Contact Information of further recipients<<<<click
Full Text of the Annan Genocide Plan
*text amended on November 15 2002 to correct a numeric typo and add additional information about Swiss Constitution and other clarifications.
Link to this Protest Letter
http://www.enthymia.co.uk/GenocidePlan.htm
(please inform me of
any errors)
Impartial In-depth Analysis of the
Annan Plan
http://www.enthymia.co.uk/annanplan/
(please inform me of
any errors)
Please Sign the Petition
http://www.greece.org/themis/cyprus/annan/cypruspetnew.htm
Special thanks to Roberto
Lopes, Kyriakos Kyriakou and also to Anna Lawless of Themis for their
contributions to this campaign.
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