www.talkcyprus.org

[cannedmoose]

Folks, since the Turkish Cypriot withdrawal from the Republic of Cyprus administration at the end of 1963, on what basis does the Republic of Cyprus government claim continued legal authority within the Republic of Cyprus framework. Does it claim that the Turkish Cypriot representatives are temporarily absent? Or that because their withdrawal was 'voluntary', the system simply continues to function as usual, yet without their input?

Any thoughts?

[detailer]

I think both of those arguments are suggested by Greek Cypriot, they can answer that better though.

[brother]

The first thought is that the Turkish Cypriot were forcibly removed from the Republic of Cyprus and did not withdraw, hence why many Turkish Cypriot say the Greek Cypriot stole the Republic of Cyprus and our rights.

[magikthrill]

were the Turkish Cypriot MPs forced out of the parliament or did they get up and leave?

[brother]

They were forced out at gun point and not allowed back, anyone who wants to argue otherwise is welcome but these are facts and not propoganda.

[cannedmoose]

I've never heard of them being forced out at gunpoint, but I've heard the argument that many were advised for their own safety not to attend the sessions of Parliament. Given that the Parliamentary building was in Greek Cypriot controlled-areas during the violence of 1963-4, their absence may initially have been through fear for their lives... whether it then ultimately became a political statement I'm not sure. Hence the question.

[gabs]

Ive always believed that any new law had to be signed by the President (Greek Cypriot) and Vice President (Turkish Cypriot). The Vice President’s withdrawal then throws open the question of legality pertaining to any laws passed without his (vp's) official approval and signature.

That’s what ive always thought, but obviously there must be some clause in the 60 constitution that bypasses the need for such consent to be given.

[cannedmoose]

I believe the 1960 constitution permits the President or Vice-President of the House of Representatives to sign, in the absence of the Vice-President. Given that the House continues to retain seats for the Turkish Cypriot community, it's probably under Article 36 that the leader of the House exercises this right (given that there isn't a Turkish Cypriot deputy leader present). Slightly shaky ground, but isn't much of the Constitution. :roll:

Quote: Article 36
The President of the Republic is the Head of the State and takes precedence over all persons in the Republic. The Vice-President of the Republic is the Vice-Head of the State and takes precedence over all persons in the Republic next after the President of the Republic. Deputising for or replacing the President of the Republic in case of his temporary absence or temporary incapacity to perform his duties is made as provided in paragraph 2 of this Article.
In the event of a temporary absence or a temporary incapacity to perform the duties of the President or of the Vice-President of the Republic, the President or the Vice-President of the
House of Representatives and, in case of his absence or pending the filling of a vacancy in any such office, the Representative acting for him under Article 72 shall act for the President or the Vice-President of the Republic respectively during such temporary absence or temporary incapacity.

[Crash Test Dummy]

seems like an intresting topic but i know nothing of it. i suppose it must be a 'legal' state or it would not be recognised just like the illegal state of Turkish Republic of Northern Cyprus

[erolz]

Giorgio wrote: seems like an intresting topic but i know nothing of it. i suppose it must be a 'legal' state or it would not be recognised just like the illegal state of Turkish Republic of Northern Cyprus

If only such things were so simple :)

The basis of the all Greek Cypriot run Republic of Cyprus admin being 'recognised' as a legitimate government of all of cyprus dates back to the original 1963 UN resolution that paved the way for a UN peacekeeping force to come to Cyprus.

In short in oerder for a UN force to be sent to Cyprus there had to be a government that the UN recognised as legitimate that could invite such a force. At the time the only such government was the then all Greek Cypriot 'rump' of the original Republic of Cyprus government. Turkey was assured at the time that this was a 'technicality' and persuaded to not object or block this resolution because to do so would mean no UN troops at a time when the smaller and weaker Turkish Cypriot community was under considerable assult.

This resolution was not about recognition of the Greek Cypriot only Republic of Cyprus but was about ending the inter communal conflict. It is also worht noting imo that more countries actually abstained in this vote than voted for the resolution and the majority of those that voted for were members of the non alligned states movement. The resolution was not about recognition of the Greek Cypriot only Republic of Cyprus government and it's legitimacy, but it was to become the source of that anyway. In this regard it was an almost total victory for the Greek Cypriot admin of the time. It was not quite total because in part 7 of the resolution there was mention of the two 'communites' and the need to get them to agree a peacful settlement. It was however the source and basis for the 'legitimising' of the purely Greek Cypriot run Republic of Cyprus as the the sole government of all cyprus and all cypriots - or from Turkish Cypriot perspective the legitimising of the theft of the Republic of Cyprus and Turkish Cypriot communites rights under the agreed constituiton by Greek Cypriot.

PS - original UN 1963 resoloution can be found here in pdf format
http://daccessdds.un.org/doc/RESOLUTION/GEN/NR0/211/44/IMG/NR021144.pdf?OpenElement

[magikthrill]

i was under the impression that the UN forces came in 1964 non?

[erolz]

magikthrill wrote: i was under the impression that the UN forces came in 1964 non?

You are right - my bad. The resolution was passed in 1964 (and troops arrived in 1964)

[magikthrill]

seeing as the breakout began in x-mas 1963 id be quite surprised if they managed to get everything done within a week!

i know if cypriots were running the UN the resolution wouldnt have passed till 1965 probably :lol:

[Dhavlos]

what would the Greek Cypriot government do if all of a sudden, the Turkish Cypriots decided to come to the south and try to 'restart' the 1960 constitution? would they then have to hold elections for a vicepresident? Turkish Cypriot Deputies?

I know it is almost impossible, but if it did happen, do you think the Greek Cypriots would be willing to accept the Turkish Cypriots as inthe old constitution, and carry on as before?

[gabs]

hey

thats an idea-

how about a Turkish Cypriot stands for election in the south then with another Turkish Cypriot voting for him, (or whatever the minimum votes required are), he then becomes Vice President of Republic of Cyprus - the mind boggles at that one,

Anyone wanna be a Vice President?