Sunday, April 17, 2011

Trick or Treaty?

THE COMMITTEE on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe (PACE), yesterday adopted in Strasbourg a report questioning the validity of the Treaty of Guarantee in Cyprus. The report, which was adopted unanimously, points out that bilateral guarantees, such as those provided in the Treaties for the Independence of Cyprus, did not prevent conflicts. On the contrary, according to the report, the guarantees were used in the case of Cyprus, as a pretext for unilateral military action in breach of Article 2 (4) of the Charter of the United Nations and the relevant provisions of international law, prohibiting the use of force. ... The report notes that the right to self-determination of national or ethnic minorities shall not confer an automatic right to actions ending to the division of a country. The resolution calls on all member-states of the Council of Europe, not to recognize or support in any way de facto authorities in territories which are the result of illegal division, and especially those based on foreign military interventions.



Published on April 14, 2011 | Cyprus Mail

THE COMMITTEE on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe (PACE), yesterday adopted in Strasbourg a report questioning the validity of the Treaty of Guarantee in Cyprus.


The report, which was adopted unanimously, points out that bilateral guarantees, such as those provided in the Treaties for the Independence of Cyprus, did not prevent conflicts. On the contrary, according to the report, the guarantees were used in the case of Cyprus, as a pretext for unilateral military action in breach of Article 2 (4) of the Charter of the United Nations and the relevant provisions of international law, prohibiting the use of force.


The explanatory memorandum of the report notes, that according to experts, there are serious doubts whether the Treaty of Guarantee may still be regarded as valid, because of the principle which dictates that the validity may be questioned when reasons for the establishment of a treaty no longer exist or because there was a serious breach of the Parties to the Treaty, as in the case of Cyprus by Turkey's military intervention.

The report also questions the legitimacy of British ''sovereign military bases” provided by the Treaty of Establishment.

The report notes that the right to self-determination of national or ethnic minorities shall not confer an automatic right to actions ending to the division of a country. The resolution calls on all member-states of the Council of Europe, not to recognize or support in any way de facto authorities in territories which are the result of illegal division, and especially those based on foreign military interventions.

It is also pointed out that military operations as carried out by Turkey in Cyprus in 1974, resulted in massive human rights violations and have not brought, as claimed by Ankara, a permanent solution to the problem.

In an announcement the Cyprus House of Representatives indicates that the report by the Rapporteur of the Committee on Legal Affairs and Human Rights of PACE German MP, Marina Schuster is “very positive”. The Committee was under the chairmanship of Cypriot MP Christos Pourgourides.

According to House’s announcement, representative of the Turkish Cypriot community in PACE, Mehmet Caglar presented an amendment to the report, asking to remove references to military intervention by Turkey in Cyprus in 1974 which led to massive human rights violations. The amendment was overwhelmingly rejected by the Committee.

The resolution will come before the plenary of the Assembly in one of the forthcoming meetings of PACE.

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Turkey's Kurds & Cyprus' tCypriots

As either unitary state or federation solutions are discussed as replacements to Cyprus' 1960 and Turkey's 1923 unworkable constitutions, should we abide by "if a right is a right too many for Turkey's Kurdish community (circa 23% of population) then that right is a right too many for Cyprus' tCypriot community too (circa 15%), and vice versa." Is the adoption of this fair logic the catalyst to securing just solutions for both UN countries.