Turkish Cypriot state draft constitution released

If the constitution is approved, the current Turkish Republic of Northern Cyprus (KKTC) President Rauf Denktas will become the first "Cypriot Turkish state president," and if the new republican Parliament approves, his presidency will become a co-presidency as outlined in the "United Cypriot Republic" constitution.

The "Cypriot Turkish State Constitution," prepared by the KKTC Parliament Cypriot Turkish State Constitution Preparation Committee and legal experts, consists of eight parts and 166 articles.

The draft constitution sets out rules on "general principles, basic rights, freedoms and duties, legislative, executive and judicial rights, various regulations and temporary and final rules."

In the introduction it is emphasized that the foundation of the KKTC as noted in a statement issued on Nov. 15, 1983 and underlined in a KKTC Parliament meeting on March 12, 1985 will not prevent the establishment of a partnership united in a federation of two equal peoples.

The Cypriot Turkish Parliament will again have 50 deputies and will be charged with passing the state’s laws, approving agreements made with the federal and the Cypriot Greek state, inspecting the governments and contributing to international agreements. Elections for deputies will be held every five years.

Contrary to current practice the president will be chosen by Parliament, and presidential candidates will be chosen from both among the deputies and the public. Two-thirds support of Parliament will be needed for a president’s election in the first three rounds of elections, after which a simple majority will suffice.

The president must have a university diploma, be over 35 years of age, be a citizen of the Cypriot Turkish state and has to have been resident in the state for the past five years.

If the constitution is approved, parliamentary elections must be held again within 40 days.

The state institutions of the KKTC will become part of the new Cypriot Turkish state if the draft constitution is approved.

In the draft constitution, the Cypriot Turkish state is described as a republic based on secular principles that respects human rights, social justice and the supremacy of law. It also emphasizes the political equality and bi-zonality of the united Cyprus, whereas the Turkish Cypriot state represents the distinct identity of the Turkish Cypriots.

The Cypriot Turkish state is one with its people, its official language is Turkish and it has a separate flag and national anthem, notes the draft. The capital of the state is identified as Nicosia. "Legislative power is granted to Parliament, and executive power is in the government’s hands with the president examining whether the government is using its power in accordance with laws and the constitution," notes the draft.

People’s rights and freedoms are amended in accordance with EU norms and in a way that does not violate the Annan plan. Gender equality is noted in the constitution.

Contrary to the KKTC constitution, capital punishment is banned in the new draft constitution of the Cypriot Turkish state.

The draft constitution will be amended according to recommendations.