Turks pleased, Greek Cypriots disappointed

For now, let’s ignore whether our demands were included in the agreements and its annexes that will be put to referenda and concentrate on whether the provisions of exceptional nature protecting the Turkish community, in other words the derogations, were turned into the European Union primary law or not. Because, no matter how good the agreement is, if these clauses favoring the Turks are allowed to be annulled by the Greek Cypriots at the Luxemburg Court of Justice, what was negotiated until now?

Annan, in the fourth page of his letter outlines the promise the European Commissioner for Enlargement Guenter Verheugen made. Annan says, "Mr. G. Verheugen has confirmed to me that the European Commission is committed to submitting the appended draft Act of Adaptation of the terms of accession of the United Cyprus Republic to the European Union for consideration by the Council of the European Union prior to April 24, 2004, and for its adoption after a successful outcome of the separate simultaneous referenda before May 1, 2004. Furthermore, the European Commission is also committed to bringing about a final outcome, without delay, which will result in the adaptation of primary law and ensure legal certainty and security within the European Union legal system for all concerned."

You might not have understood the last sentence? Well, neither have I. It does not have a subject. In other words, what is becoming certain or secure is not clear. There is only one thing that is not certain and secure and they are the derogations. More importantly they are talking about the adaptation of primary law. However, the real problem is the derogations becoming primary law. That’s not what we understand from this sentence.

If the EU officials don’t want to concede on an issue, they use a very complex language in order to express even the simplest matter. They use the critical words "primary law" in a part of the text in order to make people happy. However, by using such a language, they will be able to claim in the future that they made no such promises.

If they had wanted to solve the issue, there were many ways available.

Firstly, they could have used a protocol, instead of an act, that is a "tertiary" legal document. Later on, the document could have been transformed from a "decision" into an "agreement." Then it could be applied with a signature, saving precious time. The time consuming ratification process through EU parliaments could have been completed at a suitable time. If a parliament of a member country, for example the Greek one rejected the protocol, the application would be suspended or if necessary the process could be rolled back. Then the responsibility would have been with the parliament that did not ratify it.

Another way could have been the application of the "Agreement" to be tied to the protocol being ratified by member parliaments, sometime after the referenda. The solution treaty would be accepted, but the application would be postponed until the completion of the ratification process. Meanwhile, the issue of Turkey receiving a date to start the EU membership negotiations and the resolution of the Aegean issues could have been realized.

These were not done. Because, Turkey was not adamant enough; the commitment to a solution was stronger than the commitment to protect national interests; we feared Verheugen’s wrath etc.

Moreover, the text of the "Act of Adaptation" is awful. Its language is not binding. There are many useless things included in the text. However, they forgot (?) to include the three derogations. Nothing is being said about the lifting of the 18 percent limit on the Greek Cypriot population in the north when Turkey becomes an EU member and the Greek Cypriot population in the north not rising too much over two-thirds of the Turkish population. The return or compensation of one-third of all Greek Cypriot properties in the north or the limitations imposed on senators being Turkish or Greek are not noted either.

These are maybe the most important derogations. If Greek Cypriots who are affected by these derogations file charges on May 2, 2004, they cannot be defended even if they become primary law later.

Under these circumstances, there is only one way out. The EU has to make the derogations primary law by May 1. If Turkey does not receive such a promise, it should not sign the document that says it agrees for the "Agreement" to be put to referenda on April 7.

Disappointed Greek Cypriots, give up the act.

Giddy Turks, look in the mirror to see what is written on your forehead!