The political equality of the two constituent states is guaranteed by provisions defining their representation within the federal bodies. The constitution refers to representatives holding Greek or Turkish Cypriot internal citizenship, and not to Greek and Turkish Cypriot representatives.
The representation and the decision-making process in the Senate, the Chamber of Deputies and the Presidential Council is outlined as such:
Senate: 24 senators from each constituent state. Regular decisions will require the approval of a quarter of sitting senators from each constituent state. For specified matters, a special majority of two-fifths of sitting senators will be required.
Chamber of Deputies: 36 from the Greek Cypriot constituent state and 12 from the Turkish Cypriot constituent state. All decisions will be taken by simple majority. Decisions of Parliament will require the approval of both chambers.
Presidential Council: four from the Greek Cypriot constituent state and two from the Turkish Cypriot constituent state. It shall strive to reach decisions by consensus. When this is not possible, it will take decisions by simple majority of members voting, provided this comprises at least one member from each constituent state.
In this way, the Constitution defines the parity of the two constituent states. The balancing of, on the one hand, the parity of the two constituent states, and, on the other, of the two communities is attained through two provisions. The first states that a constituent state does not have an obligation to grant internal citizenship to permanent residents who have the internal citizenship of the other constituent state. In other words, the Turkish Cypriot state does not have to grant internal citizenship to Greek Cypriot citizenship holders who may want to settle there.
The second provision regards the way in which political rights will be exercised on a federal level. For federal elections, Cypriots will exercise their voting rights on the basis of their internal citizenship, irrespective of their place of residence. Greek Cypriot citizens living in the Turkish state will therefore elect representatives of the Greek Cypriot state to the federal parliament.
In this way, the constituent states ensure that they are not represented at federal level by members of the other community. Taking into account the fact that the number of Greek Cypriots who will settle in areas under Turkish Cypriot control will not rise above 21 per cent of the population to the Turkish Cypriot state, it can be expected that the constitution of the Turkish Cypriot state will bar the granting of internal citizenship to those Greek Cypriots who chose to live in territories under its control.
Can the Turkish Cypriot side grant internal citizenship to Turkish settlers, and thus alter the demographic balance with all the political consequences that would bring?
Neither of the constituent states will be able to act unilaterally on the issue of granting internal citizenship. In order to receive constituent state citizenship, an applicant must satisfy the criteria for Cypriot citizenship, the procedures for which are laid out in the relevant constitutional law. Moreover, one of the protocols requested to be attached to Cyprus’ EU accession treaty contains restrictions on the permanent settlement of both Turks and Greeks.
How many settlers will stay in Cyprus?
The plan envisages the following:
When the Foundation Agreement comes into force, each side will submit to the Secretary-general a list of 45,000 people drawn up according to specific criteria, to be added to the existing population list. On top of that, anyone married to a Turkish Cypriot, or their children, will receive Cypriot citizenship. At the same time, the number of Greek and Turkish permanent residents is restricted to no more than 10 per cent of the internal citizenship holders of each constituent state. Under this provision, a further 20,000 people would be able to stay in the Turkish Cypriot state, though not as Cypriot citizens.
How many Greek Cypriots will return?
When we talk about the right of return with the Annan plan, we are necessarily talking about return to a specific property. Some Greek Cypriots will return to their own homes under Turkish Cypriot rule. Others will be able to settle in the Turkish Cypriot state, but not in their own properties, if these do not fulfil the criteria for reinstatement. A larger proportion will return to the territories earmarked for territorial readjustment.
The United Nations estimate that than half of all refugees will be able to return in the territories earmarked for transfer. On top of that, the Greek Cypriots who can return to the Turkish Cypriot state will – after 15 years – account for 21 per cent of the population there. Once Turkey has joined the European Union restrictions on settlement will disappear.
