The purpose of this memorandum is to provide a brief history of the ongoing conflict in Cyprus and to examine Cyprus’ accession to the European Union (EU).
The purpose of this memorandum is to provide a brief history of the ongoing conflict in Cyprus and to examine Cyprus’ accession to the European Union (EU).
The purpose of this memorandum is to provide a brief history of the ongoing conflict in Cyprus and to examine Cyprus’ accession to the European Union (EU).
Executive Summary The purpose of this memorandum is to provide a brief history of the ongoing conflict in Cyprus and to examine Cyprus accession to the European Union (EU). Tensions between the Greek and Turkish Cypriot communities arose shortly after Cyprus achieved independence from Britain in 1960. Despite the bi- communal structure envisaged by the constitution, Greek Cypriots assumed primary control of the government with the ultimate intention of reunification with Greece. Following a proposal by the then-president (a Greek Cypriot) to alter the constitutional rights afforded to Turkish Cypriots, violence erupted in 1963. In 1964, the United Nations Security Council established the United Nations Peacekeeping Force in Cyprus (UNFICYP) to halt the fighting. However, violence persisted between the two communities despite UNFICYPs presence. After a decade of tension, the government was overthrown during a coup dtat backed by the Greek military junta. Fearing a Greek attempt to seek reunification with Cyprus, Turkish military forces assumed control over a third of the island and refused to withdraw after the ceasefire agreement. Subsequently, the United Nations Security Council expanded UNFICYPs mandate to enforce the line of ceasefire, known as the Green Line, between the two communities. In the following decade, northern Cyprus established a discrete government and eventually declared itself the Turkish Republic of Northern Cyprus (TRNC); however, only Turkey recognizes its independence. After decades of internationally brokered talks between the two sides, Cyprus applied for EU membership in 1990 and accession talks began in 1998. The EU strongly encouraged the north and south to establish a reunification plan prior to accession; however, a UN-proposed plan failed in 2003, and Greek Cypriots overwhelmingly rejected a reunification referendum the following year. As a result, Cyprus joined the EU in 2004 as a divided state. Although the EU continues to support reunification, progress toward a solution remains slow. As the TRNC lacks international recognition, only the Republic of Cyprus (i.e., southern Cyprus) enjoys the full benefits of EU membership. While the EU provides aid to both northern and southern Cyprus, particularly for bi-communal programs, substantial economic disparity exists between the two communities.
TABLE OF CONTENTS
Statement of Purpose 1
Introduction 1
Historical Background Modern History of Cyprus 1 International Intervention and Partition 3
Attempts at Reunification 5
Cyprus and the European Union 6
Current Status of the Republic of Cyprus and the TRNC 9
Conclusion 11
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EXAMINATION OF CYPRUS AND THE TURKISH REPUBLIC OF NORTHERN CYPRUS IN THE INTERNATIONAL SPHERE
Statement of the Purpose
The purpose of this memorandum is to provide a brief history of the ongoing conflict in Cyprus and to examine Cyprus accession to the European Union (EU).
Introduction
The island state of Cyprus has served as a nexus between Europe, Africa, and Asia for centuries. As the third largest island in the Mediterranean Sea, numerous powers sought to control Cyprus for its strategic location. After achieving independence in 1960, Cyprus endured decades of fighting between the Greek and Turkish Cypriot populations. Although internationally recognized as a single state, the island is divided between the Greek Cypriot community in the south and the Turkish Cypriot community in the north. Currently, the population consists of 77 percent Greek, 18 percent Turkish, and 5 percent identifying as other. Despite Cyprus accession to the EU and decades of international pressure, a deep rift remains between the two communities and a formal and lasting peace agreement has proven elusive.
Historical Background
Cyprus has a long history that dates back to well before the 1500s. This section provides an overview of Cyprus modern history, leading up to its accession to the EU.
Modern History of Cyprus
Throughout the nineteenth and twentieth centuries, the island state of Cyprus experienced numerous political upheavals. Although originally considered part of Greece, the Ottoman Empire seized Cyprus in 1571 and exercised continued control over the island until 1878. 1 In 1878, the British signed a protectorate agreement with the Ottoman Empire, which effectively placed Cyprus under British occupation. 2 Britain officially annexed Cyprus from the Ottoman Empire in 1914 during the First World War, and the island became a Crown Colony in
1 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 2-3 (1993). 2 Athanasia Papangelopoulou, THE DIVISION OF CYPRUS AND PATHS TO ITS REUNIFICATION: AN ANALYSIS 77 (2005). Cyprus EU Accession, May 2014
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1925. 3 The British-installed government consisted of a high commissioner, a legislative council, and six district officers. 4 The legislative council exercised limited power and often voted along Greek Cypriot or Turkish Cypriot ethnic lines. 5 At the local level, the British instituted a representational government system in which Greek Cypriots enjoyed a greater measure of control due to their larger population and favor with the British. 6 The British eventually replaced the high commissioner with a governor; however, political unrest led to the dissolution of this system in 1931. 7
Tensions between Greek and Turkish Cypriots increased steadily following the Second World War. In 1950, the Greek Cypriot Orthodox Church held an unofficial referendum for Greek Cypriots on the political union of Cyprus and Greece (Enosis), for which they overwhelmingly voted in favor. 8 In addition, with the support of the Greek Orthodox Church, a group of Greek Cypriots founded the National Organization of Cypriot Fighters, which carried out attacks during the 1950s with the goal of destabilizing the existing government and unifying with Greece. 9 Refusing to be subject to Greek rule, Turkish Cypriots demanded partition. 10 In 1958, the escalation of inter-communal fighting led to the creation of the Macmillan Plan, spearheaded by Britain, Greece, and Turkey. 11 The Plan called for a partnership between the Greek and Turkish Cypriot communities and the United Kingdom, Greece, and Turkey; however, the Greek Cypriot political leader Archbishop Makarios rejected the plan. 12
After the United Nations (UN) General Assembly rejected Greek Cypriot efforts to unify with Greece, the parties attempted to reach a mutually agreed upon solution. 13 In 1959, the Turkish and Greek prime ministers met in Zurich, Switzerland and negotiated the creation of the Republic of Cyprus, known as the Zurich Agreement. 14 The following week, the prime ministers traveled to London, joined by Archbishop Makarios on behalf of the Greek Cypriots and Dr. Fazil
3 Timeline: Cyprus, BBC, available at http://news.bbc.co.uk/2/hi/europe/1021835.stm. 4 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 4 (1993). 5 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 4 (1993). 6 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 4 (1993). 7 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 5 (1993). 8 Dale C. Tatum, WHO INFLUENCED WHOM? LESSONS FROM THE COLD WAR 43 (2002). 9 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 6 (1993). 10 Athanasia Papangelopoulou, THE DIVISION OF CYPRUS AND PATHS TO ITS REUNIFICATION: AN ANALYSIS 80 (2005). 11 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 9 (1993). 12 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 9 (1993). 13 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 9 (1993). 14 Haralambos Athanasopulos, GREECE, TURKEY, AND THE AEGEAN SEA: A CASE STUDY IN INTERNATIONAL LAW 18 (1957). Cyprus EU Accession, May 2014
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Katchuk on behalf of the Turkish Cypriots, to finalize the terms of the agreement, known as the London Agreement. 15 Per the terms of the accord, Cyprus became an independent state; however, Britain retained interests and rights over its military bases on the island. The Agreement also provided that Britain, Greece, and Turkey could intervene in order to protect the state of Cyprus. 16 In July 1960, Cyprus held its first elections as an independent republic and joined the UN and the Council of Europe. 17 Cyprus became a member of the British Commonwealth the following year. 18
The independence constitution provided that the president would be a Greek Cypriot and the deputy president a Turkish Cypriot. 19 In addition, the deputy president was given veto power over government decisions. 20 Tensions reemerged in 1961 when President Makarios declared that the constitution conferred rights beyond what is just to Turkish Cypriots and indicated that he would not observe Turkish Cypriot vetoes over decisions of the Greek Cypriot majority, despite constitutional mandates. 21 Additionally, President Makarios and members of the Greek Cypriot legislature rejected constitutional requirements to create separate municipalities for Turkish Cypriots. 22 Although the Supreme Constitutional Court of Cyprus held that such action violated the constitution, President Makarios and the Greek Cypriot Council of Ministers refused to abide by the decision. 23
Furthermore, in 1963, President Makarios proposed a 13-point amendment plan vastly limiting Turkish Cypriots constitutional protections under the Zurich and London Agreements. 24
International Intervention and Partition
Violence erupted shortly after President Makarios publicized his 13-point plan. As a result of the violence, Turkey threatened military intervention, which prompted Britain to deploy peacekeeping forces to oversee a ceasefire between the
15 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 10 (1993). 16 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 10 (1993); Timeline: Cyprus, BBC, available at http://news.bbc.co.uk/2/hi/europe/1021835.stm. 17 Ministry of the Foreign Affairs of the Republic of Cyprus, Cyprus and the Commonwealth, available at http://www.mfa.gov.cy/mfa/mfa2006.nsf/All/A508C055CED55392C22571B1002137B7?OpenDocument. 18 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 20 (1993). 19 Republic of Cyprus Government, available at http://www.mfa.gov.cy/mfa/embassies/embassy_stockholm.nsf/ecsw10_en/ecsw10_en?OpenDocument&print. 20 Cyprus Country Profile, available at http://www.bbc.com/news/world-europe-17219505. 21 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 21 (1993). 22 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 22 (1993). 23 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 23 (1993). 24 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 24-25 (1993). Cyprus EU Accession, May 2014
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two communities. 25 In January 1964, President Makarios announced his intention to withdraw from the London Agreement in favor of a Greek Cypriot-controlled government. 26
Recognizing the rapidly deteriorating situation in Cyprus, the UN Security Council unanimously passed a resolution to create the UN Peacekeeping Force in Cyprus (UNFICYP). 27 The UNFICYP arrived in Cyprus in March 1964. The UNFICYPs initial mandate was a three-month deployment to prevent fighting between Greek Cypriots and Turkish Cypriots and to promote stability in Cyprus. 28
However, as violence intensified, the Turkish Cypriots withdrew into fortified enclaves and the UNFICYP began patrolling the buffer zone between the two populations, known as the Green Line. 29
Despite international intervention, the violence continued and the political situation between the two communities steadily deteriorated. In 1964, Cyprus denied re-entry to Rauf Denktash, a Turkish Cypriot leader and future president of the Turkish Federated State of Cyprus. 30 Three years later, unknown assailants shot down a helicopter carrying President Makarios in a failed assassination attempt. 31 With backing from the military junta in Greece, the Cypriot National Guard staged a coup dtat against President Makarios in 1974. 32 Five days after the start of the coup, Turkey invoked its right of intervention, launched a military offensive, and assumed control of one-third of the northern part of the island. 33 As a result of the coup and subsequent retaliation by Turkey, about 200,000 ethnic Greek Cypriots fled to the south. 34 The Turkish military imposed a partition between the two communities roughly along the UNFICYP-created Green Line.
After a month of intense fighting, resulting in approximately 6,000 Greek Cypriot causalities and 3,500 Turkish casualties, the UN, Britain, Turkey, and
25 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 46 (1993). 26 Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 46 (1993). 27 Security Council Resolution 186, para. 4, U.N. Doc. S/RES/186 (Mar. 4, 1964). Zaim M. Necatigil, THE CYPRUS QUESTION AND THE TURKISH POSITION IN INTERNATIONAL LAW 49 (1993). 28 Security Council Resolution 186, para. 6, U.N. Doc. S/RES/186 (Mar. 4, 1964). 29 Timeline: Cyprus, BBC NEWS, available at http://news.bbc.co.uk/2/hi/europe/1021835.stm. 30 Rauf Denktash, Obituaries, THE TELEGRAPH, Jan. 15, 2012, available at http://www.telegraph.co.uk/news/obituaries/politics-obituaries/9016548/Rauf-Denktash.html. 31 40 Years Ago Makarios Assassination Attempt, CYPRUS NEW REPORT, Mar. 16, 2010, available at http://www.cyprusnewsreport.com/?q=node/772. 32 History, UNITED NATIONS PEACEKEEPING FORCE IN CYPRUS, available at http://www.unficyp.org/nqcontent.cfm?a_id=1349&tt=graphic&lang=l1. 33 Timeline: Cyprus, BBC, available at http://news.bbc.co.uk/2/hi/europe/1021835.stm. 34 Political Obituaries, Rauf Denktash, available at http://www.telegraph.co.uk/news/obituaries/politics- obituaries/9016548/Rauf-Denktash.html. Cyprus EU Accession, May 2014
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Greece met in Geneva to negotiate a cessation of hostilities. 35 On August 14, 1974, the UN Security Council passed a resolution calling for a ceasefire and a resumption of negotiations. 36 Although the initial terms did not immediately halt the fighting, Turkey officially declared a ceasefire on August 16, 1974. 37
Following the ceasefire, the Green Line, which stretches 180 kilometers across the island, became the formal line of demarcation between the two communities. 38
Currently, about 10,000 people live within the area encompassed by the Green Zone; however, the population is split along ethnic lines with the exception of the village of Pyla, which is inhabited by both the Greek and Turkish Cypriots. 39 The UNFICYP conducts surveillance and patrols the Green Line, where about 1,000 incidents, most of minor magnitude, occur annually. 40 In 2003 the UNFICYP opened up some crossing zones between the north and south to allow for interactions. Three of these crossing points are found near the capital of Nicosia. 41
Attempts at Reunification
Following the 1974 ceasefire, the UN maintained an active role in attempting to resolve the situation in Cyprus. In 1975, Turkish Cypriots established an independent administration (the Turkish Federated State of Cyprus) led by Rauf Denktash, though Turkey retained its military presence. 42 UN- sponsored peace talks resumed in 1980, but the parties failed to reach a lasting agreement. 43 In 1983, Denktash suspended peace talks with southern Cyprus and declared the Turkish Republic of Northern Cyprus (TRNC). 44 However, the UN Security Council deemed the declaration invalid and only Turkey has recognized the TRNC as a separate government. 45
35 DICTIONARY OF BATTLES AND SIEGES: A GUIDE TO 8,500 BATTLES FROM ANTIQUITY THROUGH THE TWENTY- FIRST CENTURY, 557 (Tony Jagues, ed.) (2007), available at http://books.google.com/books?id=Dh6jydKXikoC&pg=PA556#v=onepage&q&f=false. 36 Security Council Resolution 357, para. 6, U.N. Doc. S/RES/357 (Aug. 14, 1974). 37 Tripartite Conference & Geneva Declaration, UNITED NATIONS PEACEKEEPING FORCE IN CYPRUS, available at http://www.unficyp.org/nqcontent.cfm?a_id=1603&tt=graphic&lang=l1. 38 The Buffer Zone, UNITED NATIONS PEACEKEEPING FORCE IN CYPRUS, available at http://www.unficyp.org/nqcontent.cfm?a_id=1592&tt=graphic&lang=l1. 39 The Buffer Zone, UNITED NATIONS PEACEKEEPING FORCE IN CYPRUS, available at http://www.unficyp.org/nqcontent.cfm?a_id=1592&tt=graphic&lang=l1. 40 The Buffer Zone, UNITED NATIONS PEACEKEEPING FORCE IN CYPRUS, available at http://www.unficyp.org/nqcontent.cfm?a_id=1592&tt=graphic&lang=l1. 41 The Buffer Zone, UNITED NATIONS PEACEKEEPING FORCE IN CYPRUS, available at http://www.unficyp.org/nqcontent.cfm?a_id=1592&tt=graphic&lang=l1. 42 Cyprus Profile - Overview, BBC NEWS, available at http://www.bbc.co.uk/news/world-europe-17219505. 43 Cyprus Profile - Overview, BBC NEWS, available at http://www.bbc.co.uk/news/world-europe-17219505. 44 Timeline: Cyprus, BBC, available at http://news.bbc.co.uk/2/hi/europe/1021835.stm. 45 History, UNITED NATIONS PEACEKEEPING FORCE IN CYPRUS, available at http://www.unficyp.org/nqcontent.cfm?a_id=1349&tt=graphic&lang=l1. Cyprus EU Accession, May 2014
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Intermittent violence, taking the form of isolated protesters and clashes between armed forces along the Green Line, occurred throughout the 1990s and tensions between the two communities remained high, necessitating the continued presence of UNFICYP. 46 Following several failed attempts at peace talks during this time, leaders of both communities agreed to restart face-to-face talks in 2001, and two years later several crossing points along the Green Line reopened. 47
Decades of negotiations culminated in the Annan Plan of 2003. 48 The plan, crafted by UN Secretary General Kofi Annan, outlined a proposal for a federation comprised of two constituent parts with a rotating presidency. 49
The deadline for the Annan Plans implementation passed without a resolution between the two parties. 50 In April of 2004, the Republic of Cyprus and the TRNC held identical referendums to consider a revised UN reunification plan, which required approval from both sides. 51 While 65% of voters in the north were in favor of the plan, seeing it as a way to end political and economic isolation, 75% of voters in the south voted against it, primarily because the plan placed limits on their right to return to property in the north. 52 While the plan would have given Turkish Cypriots the full right of return, only 20% of Greek Cypriots would have been able to return to their homes in the north over a 25-year period. 53 In May 2004, Cyprus joined the EU as a divided island.
Cyprus and the European Union
Economic cooperation between the EU and Cyprus dates back to the Association Agreement of 1972 and subsequent protocols, which allowed Cyprus
46 Cyprus Profile - Overview, BBC NEWS, available at http://www.bbc.co.uk/news/world-europe-17219505. 47 History, UNITED NATIONS PEACEKEEPING FORCE IN CYPRUS, available at http://www.unficyp.org/nqcontent.cfm?a_id=1349&tt=graphic&lang=l1. 48 Security Council Resolution 1475, U.N. Doc. S/RES/1475 (Apr. 14, 2003). 49 Security Council Resolution 1475, U.N. Doc. S/RES/1475 (Apr. 14, 2003). Cyprus Profile, BBC, available at http://www.bbc.co.uk/news/world-europe-17219505. 50 Timeline: Cyprus, BBC NEWS, available at http://news.bbc.co.uk/2/hi/europe/1021835.stm. 51 Timeline: Cyprus, BBC NEWS, available at http://news.bbc.co.uk/2/hi/europe/1021835.stm. 52 Cyprus Spurns Historic Chance, BBC News, Apr. 25, 2004, available at http://news.bbc.co.uk/2/hi/europe/3656753.stm; Greek Cypriots Reject a UN Peace Plan, THE NEW YORK TIMES, (April 25, 2004), available at http://www.nytimes.com/2004/04/25/world/greek-cypriots-reject-a-un-peace- plan.html. 53 Rarid Mirbagheri, HISTORICAL DICTIONARY OF CYPRUS 18 (2010), available at http://books.google.com/books?id=f82Jn_H4VukC&pg=PA12&lpg=PA12&dq=historical+dictionary+of+cyprus+2 0+percent&source=bl&ots=0XUIb4DUT_&sig=bUUhmIFEwPfhWGNDOUYOcWK- YKg&hl=en&sa=X&ei=cXR6U73VC- LLsQS7xoHgCw&ved=0CCwQ6AEwAA#v=onepage&q=historical%20dictionary%20of%20cyprus%2020%20per cent&f=false. Cyprus EU Accession, May 2014
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to trade in the EU on a non-discriminatory basis. 54 In 1990, Cyprus formally applied for EU membership. 55 In a 1993 opinion, the EU addressed Cyprus application in light of the political situation, concluding that the result of Cypruss accession to the Community would be increased security and prosperity and that it would help bring the two communities on the island closer together. 56 The opinion ended with a recommendation to reevaluate the question in January 1995 in light of the positions adopted by the parties in the UN-sponsored peace talks. 57
In 1994, peace talks again broke down due to a lack of political will on the Turkish Cypriot side, according to the UN Secretary General. 58 Shortly thereafter, the EU decided that the next enlargement would include Cyprus, regardless of a political solution. 59 In coming to this decision, the EU recognized that preconditioning accession on a solution to the Cyprus problem would essentially give Turkey a right of veto, as the TRNC would in all likelihood continue to stonewall the peace talks. 60
Diplomatic pressure from Greece also played into the EUs decision. 61 In a meeting with officials from the US Embassy in Brussels, Chris Patten, the EUs former external relations commissioner noted, some of the accession countries were foisted on the EU as part of a larger bargain. 62 He went on to say that [Cyprus] probably should not have been admittedbut the Greeks insisted on Cypriot admission at the price of agreeing to some of the northern European candidates. 63 Indeed, some have argued that the accession process should have
54 Press Release Relations EU/Cyprus, EUROPEAN COMMISSION (Mar. 22, 2000), available at http://europa.eu/rapid/press-release_MEMO-00-16_en.htm?locale=en. 55 Relations with Cyprus, EUROPEAN COMMISSION, available at http://ec.europa.eu/enlargement/archives/enlargement_process/past_enlargements/eu10/cyprus_en.htm. 56 Commission Opinion on the Application by the Republic of Cyprus for Membership Extracts, EUROPEAN COMMISSION (June 30, 1993), available at http://ec.europa.eu/enlargement/archives/enlargement_process/past_enlargements/eu10/cyprus_en.htm. 57 Commission Opinion on the Application by the Republic of Cyprus for Membership Extracts, EUROPEAN COMMISSION (June 30, 1993), available at http://ec.europa.eu/enlargement/archives/enlargement_process/past_enlargements/eu10/cyprus_en.htm. 58 Report on the Situation in Cyprus (recent political developments, COUNCIL OF EUROPE, para. 29 (Dec. 15, 1994), available at http://assembly.coe.int/ASP/Doc/XrefViewHTML.asp?FileID=8211&Language=en. 59 George Kyris, The European Union and the Cyprus Problem: A Story of Limited Impetus, 3 EASTERN JOURNAL OF EUROPEAN STUDIES 87, 89 (June 2012). 60 George Kyris, The European Union and the Cyprus Problem: A Story of Limited Impetus, 3 EASTERN JOURNAL OF EUROPEAN STUDIES 87, 89 (June 2012). 61 George Kyris, The European Union and the Cyprus Problem: A Story of Limited Impetus, 3 EASTERN JOURNAL OF EUROPEAN STUDIES 87, 89 (June 2012). 62 Cable reveals EUs hard feelings on Greek Cyprus accession, TODAYS ZAMAN (Dec. 3, 2010), available at http://www.todayszaman.com/news-228589-cable-reveals-eus-hard-feelings-on-greek-cyprus-accession.html. 63 Cable reveals EUs hard feelings on Greek Cyprus accession, TODAYS ZAMAN (Dec. 3, 2010), available at http://www.todayszaman.com/news-228589-cable-reveals-eus-hard-feelings-on-greek-cyprus-accession.html. Cyprus EU Accession, May 2014
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been suspended until the island was reunited, citing the EUs own rules about unresolved border problems. 64 By the time it became clear that reunification would not happen prior to accession, however, Cyprus had already signed a Treaty of Accession with the EU member states and the nine other states set to accede to the EU with Cyprus. 65 According to at least one source, there was no legal way out without stopping the whole ten-country eastern expansion the following week. 66
Structured dialogues began in 1995 as part of a pre-accession strategy, and formal accession negotiations began in 1998. 67 After Cyprus entered accession negotiations, it became eligible for an additional !57 million to help fund implementation strategies. 68 Such strategies included, among others, harmonization projects and bi-communal projects aimed to achieve peace between the two communities. 69 For the negotiation process, the EU acquiscommon rights and obligations that bind all the Member States togetherwas divided into 31 chapters. By 2000, 11 of the 31 negotiation chapters had been provisionally closed for Cyprus, and by December 2002 all chapters had been successfully negotiated. 70 While Turkish Cypriot representatives were invited to join the Cyprus negotiating team, they declined on the grounds that (1) the Greek Cypriot government did not represent all of Cyprus; (2) the Turkish Cypriot community had been excluded from prior EU-Cyprus relations; and (3) the Turkish Cypriot community had been excluded from the decision to apply or EU membership. 71
64 Hugh Pope, Leveraging Resolution: What if the EU had effectively used its tool kit to bridge the Cypriot divide?, GERMAN COUNCIL ON FOREIGN RELATIONS (Dec. 20, 2013), available at https://ip-journal.dgap.org/en/blog/eye- europe/leveraging-resolution. 65 Hugh Pope, Leveraging Resolution: What if the EU had effectively used its tool kit to bridge the Cypriot divide?, GERMAN COUNCIL ON FOREIGN RELATIONS (Dec. 20, 2013), available at https://ip-journal.dgap.org/en/blog/eye- europe/leveraging-resolution. 66 Hugh Pope, Leveraging Resolution: What if the EU had effectively used its tool kit to bridge the Cypriot divide?, GERMAN COUNCIL ON FOREIGN RELATIONS (Dec. 20, 2013), available at https://ip-journal.dgap.org/en/blog/eye- europe/leveraging-resolution. 67 Press Release Relations EU/Cyprus, EUROPEAN COMMISSION (Mar. 22, 2000), available at http://europa.eu/rapid/press-release_MEMO-00-16_en.htm?locale=en. 68 Relations with Cyprus, EUROPEAN COMMISSION, available at http://ec.europa.eu/enlargement/archives/enlargement_process/past_enlargements/eu10/cyprus_en.htm. 69 Relations with Cyprus, EUROPEAN COMMISSION, available at http://ec.europa.eu/enlargement/archives/enlargement_process/past_enlargements/eu10/cyprus_en.htm. 70 Press Release Relations EU/Cyprus, EUROPEAN COMMISSION (Mar. 22, 2000), available at http://europa.eu/rapid/press-release_MEMO-00-16_en.htm?locale=en; Relations with Cyprus, EUROPEAN COMMISSION available at http://ec.europa.eu/enlargement/archives/enlargement_process/past_enlargements/eu10/cyprus_en.htm. 71 Birol A. Yesilada and Ahmet Sozen, Negotiating a Resolution to the Cyprus Problem: Is Potential European Union Membership and Blessing or a Curse?, 7 INTERNATIONAL NEGOTIATION 261, 264 (2002), available at http://academos.ro/sites/default/files/biblio-docs/837/game.pdf. Cyprus EU Accession, May 2014
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Cyprus signed the Accession Treaty on April 16, 2003 and officially joined the EU on May 1, 2004. 72 While the entire island is considered part of the EU, pursuant to Protocol 10 of the Accession Treaty, EU law is suspended in northern Cyprus, meaning that the north is outside of the customs and fiscal territory of the EU. 73 Despite living in an unrecognized area outside of government control, however, Turkish Cypriots (other than settlers from the Turkish mainland with Turkish citizenship) still have access to Cypriot citizenship, and thus EU citizenship. 74 In practice, the Government of Cyprus regularly issues passports to Turkish Cypriots, which gives them the status of EU citizens and allows them to enjoy all personal rights as such. 75
To address economic issues within the TRNC, the EU approved !259 million to develop a five-year program in northern Cyprus to promote reconciliation and reunification. 76 Since the program ended in 2011, the EU has allocated !28 million annually to support the progress achieved since 2006. 77 The EU supports a resolution in Cyprus that would end the political and economic isolation of the Turkish Cypriot community. 78
Current Status of the Republic of Cyprus and the TRNC
Although the original Security Council resolution establishing the UNFICYP envisaged a three-month objective, 2014 marks the missions 50-year anniversary in Cyprus. 79 To maintain the ceasefire and promote the normalization of relations between the two communities, the UNFICYP still controls the Green Line. 80 In addition, it overseas ceasefire lines, provides a buffer zone, assists with
72 Relations with Cyprus, EUROPEAN COMMISSION available at http://ec.europa.eu/enlargement/archives/enlargement_process/past_enlargements/eu10/cyprus_en.htm. 73 Turkish Cypriot Community, EUROPEAN COMMISSION, available at http://ec.europa.eu/cyprus/turkish_cypriots/index_en.htm. 74 Nikos Skoutaris, On Citizenship and Donkeys in Cyprus, CITIZENSHIP IN SOUTHEAST EUROPE, available at http://www.citsee.eu/citsee-story/citizenship-and-donkeys-cyprus. 75 Turkish Cypriot Community, EUROPEAN COMMISSION, available at http://ec.europa.eu/cyprus/turkish_cypriots/index_en.htm; Nikos Skoutaris, On Citizenship and Donkeys in Cyprus, CITIZENSHIP IN SOUTHEAST EUROPE, available at http://www.citsee.eu/citsee-story/citizenship-and-donkeys-cyprus. 76 Aid Programme for the Turkish Cypriot Community, EUROPEAN COMMISSION, available at http://ec.europa.eu/enlargement/tenders/aid-programme-tcc/index_en.htm. 77 Aid Programme for the Turkish Cypriot Community, EUROPEAN COMMISSION, available at http://ec.europa.eu/enlargement/tenders/aid-programme-tcc/index_en.htm. 78 Turkish Cypriot Community, EUROPEAN COMMISSION, June 19, 2012, available at http://ec.EUropa.EU/cyprus/turkish_cypriots/index_en.htm. 79 About UNFICYP, UNITED NATIONS PEACEKEEPING FORCE IN CYPRUS, available at http://www.unficyp.org/nqcontent.cfm?a_id=778&tt=graphic&lang=l1. 80 UNFICYP Background, UNITED NATIONS, available at http://www.un.or`g/en/peacekeeping/missions/unficyp/background.shtml. Cyprus EU Accession, May 2014
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humanitarian activities, and supports the UN Secretary Generals Good Offices Mission, which continues to encourage a comprehensive solution between the two parties. 81
In September 2008, representatives from the UN Security Council, Cyprus, and northern Cyprus met to discuss the possibility of a unified, bi-zonal federation. 82 However, unification discussions stalled when the Turkish Cypriot pro-independence candidate, Dervis Eroglu, defeated the pro-unity incumbent Mehment Talat in the April 2010 presidential elections. 83
Although Turkey has recognized the TRNC as an independent state, others in the international community have not. As a result, the TRNC is limited to making treaties and agreements with Turkey, which do not apply to the rest of Cyprus. 84 In addition, the TRNC has air travel only with Turkey, it is excluded from international sports and trade, and receives the majority of its subsidies from Turkey. 85 The presidents of Turkey and the TRNC have signed multiple Joint Declarations that reaffirmed efforts between the two to develop relations in all fields, such as international recognition, customs unions, support systems to promote economic relations and bilateral investments, and national security interests. 86 Turkeys position on the Cyprus problem has complicated its own EU aspirations, as a peaceful solution is seen as a precondition to Turkeys accession. 87
Although the EU continues to support reunification, progress toward a solution remains slow. Peace talks are currently on-going, and both the Greek Cypriot President and the Turkish Cypriot leader have pledged their determination
81 United Nations Peacekeeping Force in Cyprus (UNFICYP), UNITED NATIONS, available at http://www.un.org/en/peacekeeping/missions/unficyp/index.shtml. 82 Cyprus Profile - Overview, BBC NEWS, Mar. 1, 2012, available at http://www.bbc.co.uk/news/world-EUrope- 17217956. 83 Cyprus Profile - Leaders, BBC NEWS, Mar. 1, 2012, available at http://www.bbc.co.uk/news/world-EUrope- 17219245. 84 Turkey Says it Could Annex Northern Cyprus, EURACTIV, June 25, 2012, available at http://www.EUractiv.com/enlargement/turkey-annex-northern-cyprus-news-511280. 85 Turkey Says it Could Annex Northern Cyprus, EURACTIV, June 25, 2012, available at http://www.EUractiv.com/enlargement/turkey-annex-northern-cyprus-news-511280. 86 Turkey-TRNC Joint Declaration December 28, 1995, REPUBLIC OF TURKEY MINISTRY OF FOREIGN AFFAIRS, (2011), available at http://www.mfa.gov.tr/turkey-trnc-joint-declaration-december-28_-1995.en.mfa. Turkey-TRNC Joint Declaration July 20, 1999, REPUBLIC OF TURKEY MINISTRY OF FOREIGN AFFAIRS, (2011), available athttp://www.mfa.gov.tr/turkey---trnc-joint-declaration--july-20_-1999.en.mfa. 87 European Court Says Turkey Must Pay Damages for Northern Cyprus Invasion. WALLSTREET JOURNAL, May 12, 2014, available at http://online.wsj.com/articles/european-court-says-turkey-must-pay-90-million-for-northern- cyprus-invasion-1399903647. Cyprus EU Accession, May 2014
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to find a solution to the crisis. 88 However, in a recent interview, the Cyprus Foreign Minister noted that there remains a significant distance between the two sides on many issues. 89
Conclusion
Cyprus path toward EU accession is unique in that a solution to the political division between the north and south was not required prior to it joining the EU. This was in part decided because, had reunification been a precondition, it would have effectively given Turkey a veto to Cyprus accession. The EU also regarded Cyprus accession to the EU as a means of increasing security and prosperity, and of contributing to the reconciliation of the two communities. However, while the EU provides aid to both northern and southern Cyprus, substantial economic disparity continues to exist. In addition, a peaceful solution to the Cyprus problem has remained out of reach and UNFICYPs presence is still required. A new round of peace talks began in February 2014, offering renewed hope for reunification.
88 US vice president to visit Nicosia for Cyprus talks, DAILY NEWS, May 14, 2014, available at http://www.hurriyetdailynews.com/us-vice-president-to-visit-nicosia-for-cyprus- talks.aspx?pageID=238&nID=66370&NewsCatID=359. 89 Significant distance between the two sides, CYPRUS MAIL, May 1, 2014, available at http://cyprus- mail.com/2014/05/01/significant-distance-between-the-two-sides/.