Presented to Parliament by the Secretary of State for the Colonies,
the Secretary of State for Foreign Affairs and the Minister of Defence by
Command of Her Majesty July 1960 Cmnd. 1093 CYPRUS PART I INTRODUCTORY
1. Following the Agreement concluded at the London Conference on Cyprus on the 19th
February, 1959 (Cmnd. 679) and in accordance with measures agreed at the Conference,
action was taken both in Cyprus and in London to prepare for the transfer of sovereignty.
JOINT (CONSTITUTIONAL) COMMISSION
2. In Cyprus a Joint Commission was established with the duty of completing a draft
Constitution for the independent Republic of Cyprus, incorporating the Basic Structure
agreed at the Zurich Conference (Document II (a) of Cmnd. 679). This Commission completed
its work on the 6th April, 1960, when the draft Constitution was signed at Nicosia. Her
Majesty's Government in the United Kingdom were not represented on the Joint Commission.
The text of the Constitution has. however, been made available to Her Majesty's Government
who have informed the other parties that they have no comments on it. Her Majesty's
Government, as parties to the Treaty of Guarantee, are guarantors, together with Greece
and Turkey, of the provisions of the Basic Articles of the Constitution. It is under
certain Articles of the Constitution that guarantees are given for the protection of
fundamental human rights, for the interests of the smaller religious groups, and for the
protection of the interests of members of the public services, in accordance with
paragraph B (2) of the Declaration by the Government of the United Kingdom (Document III
of Cmnd. 679).
TRANSITIONAL COMMITTEE
3. A Transitional Committee was established in Cyprus with responsibility for drawing
up plans for adapting and reorganising the Government machinery in preparation for the
transfer of authority to the
independent Republic. This Transitional Committee has met with the Governor's Executive
Council as a Joint Council. Greek Cypriot and Turkish Cypriot members of the Council
assumed certain ministerial responsibilities, including chose of bringing forward policy
proposals to the Joint Council and carrying out its decisions. The purpose has been to
build up a Cabinet system and a system of Ministerial responsibility. During this
transitional period, however, the Governor has remained head of the Executive with full
legislative powers.
4. Progress has been made in the reorganisation of the public services. Cypriot
officers have taken over responsibility for all but a few posts in the public service and
officers have been designated to fill the remaining posts on independence.
5. Elections were held in December 1959. Archbishop Makarios and Dr. Kutchuk were
returned as President- and Vice-President-elect of the Republic. Legislation has been
passed and administrative arrangements made
for the holding of elections to the House of Representatives and the two Communal
Chambers. As envisaged in the draft Constitution these elections will be held before
independence.
NEGOTIATIONS IN LONDON AND CYPRUS
6. In London a Committee was set up, known as the London Joint Committee, on which the
three Governments and the two Cypriot communities were represented, with the duty of
preparing drafts of the final Treaties giving effect to the conclusions of the London
Conference. The Secretary of State for Foreign Affairs invited the Foreign Ministers of
Greece and Turkey and Archbishop Makarios and Dr. Kutchuk to a conference in London on the
16th January to review the work of the London Joint Committee and to aim at reaching final
decisions on outstanding questions. The Governor took part in the discussions. The
conference was not however able to complete consideration of all outstanding matters and,
at the request of the Greek Cypriot delegation, and with the agreement of the Turkish
Cypriot delegation. the date for independence was postponed for one month to the 19th
March, 1960. On the 4th February Mr. Julian Amery, Parliamentary Under-Secretary of State
for the Colonies, visited Cyprus to discuss the situation with the Governor, and while
there had talks with the leaders of the two communities. On the 8th February it was
announced in Cyprus that the necessary legislation could not be passed through Parliament
in time for the Republic to attain independence by the 19th March. Mr. Amery returned from
Cyprus on the 9th February. Explanatory discussions continued between the Governor and the
Cypriot leaders until the 16th February. On the 23rd February Mr. Amery returned to Cyprus
to continue negotiations with the Cypriot leaders. These negotiations continued until the
1st July, 1960, when agreement was reached on all points.
7. The Treaties and other documents are annexed to this Paper. It is the intention of
Her Majesty's Government to execute these documents, where appropriate, when Parliament
has signified its consent to the Cyprus Bill and as soon as the Republic of Cyprus has
come into being, on a date to be designated by Order in Council made under Clause 1 of the
Bill. The intention is that the Treaties and other documents should be signed in Nicosia
on Independence Day.
PART II INDEX OF DOCUMENTS ANNEXED APPENDIX A
Draft Treaty of Establishment between the United Kingdom,
Greece, Turkey and the Republic of Cyprus ...
ANNEX A: (Sovereign Base Areas)
ANNEX D: (Nationality)
ANNEX E: (Finance and Administration)
ANNEX F: Part I (Trade and Commerce)...
Part II (Most-Favoured-Nation Treatment), APPENDIX B
Draft Treaty of Guarantee between the United Kingdom, Greece Turkey and the Republic of Cyprus
ANNEX B: Part I (Definitions)
Part II (Sites and Facilities)
Part III (Land Tenure)
Part IV (Training)
Part V (Nicosia Airfield)
Part VI (Payments)
ANNEX C: (Status of Forces) ...
APPENDIX C
Draft Treaty of Alliance between Greece, Turkey and the Republic of Cyprus APPENDIX D
Draft Constitution of the Republic of Cyprus APPENDIX E
Statement concerning the Rights of Smaller Religious Groups in Cyprus APPENDIX F
Statement issued on the 20th January, 1960, concerning the Republic of Cyprus and the Commonwealth APPENDIX G
Draft Exchange of Notes regarding Access to Ormidhia Xylotymbou and Dhekelia Power Station (related to Annex to the draft Treaty of Establishment) APPENDIX H
Draft Exchange of Notes regarding the Boundary Commission (related to Annex A to the draft Treaty of Establishment) APPENDIX I
Draft Exchange of Notes regarding Special Arrangements relating to Sites (related to Part II of Annex B to the draft Treaty of Establishment) APPENDIX J
Draft Exchange of Notes regarding Very Short Term Sites (related to Part II of Annex B to the draft Treaty of Establishment) APPENDIX K
Draft Exchange of Notes regarding Crown Properties in the Sovereign Base Areas (related to Sections I and 2 of Annex E to the draft Treaty of Establishment) APPENDIX L
Draft Exchange of Notes regarding the Identification of Loan' (related to paragraph 3 (b) (ii) of Section 2 of Annex E to the draft Treaty of Establishment) APPENDIX M
Draft Exchange of Notes regarding Customs Duties (related to paragraph 4 (b) of Section 11 of Annex C and Part I of Annex E to the draft Treaty of Establishment) APPENDIX N
Draft Exchange of Notes regarding Most-Favoured-Nation Treatment (related to Part Il of Annex F to the draft Treat, of Establishment) APPENDIX O
Draft Exchange of Notes and Declaration by Her Majesty Government in the United Kingdom regarding the Administration of the Sovereign Base Areas APPENDIX P
Draft Exchange of Notes regarding the Future of the Sovereign Base Areas APPENDIX Q
Draft Exchange of Notes regarding Colonial Stock ... APPENDIX R
Draft Exchange of Notes regarding Financial Assistance to the Republic of Cyprus APPENDIX S
Draft Exchange of Notes regarding Financial Liabilities Outstanding APPENDIX T
Draft Exchange of Notes regarding British Residents in Cyprus APPENDIX U
Draft Exchange of Notes regarding Financial Assistance to the Turkish Cypriot Community APPENDIX V
Small-scale illustrative map PART III NOTES ON DOCUMENTS ANNEXED SOVEREIGN BASE AREAS
1. Article 1 and Annex A to the draft Treaty of Establishment deal with -the definition
and demarcation of the land boundaries of the two areas to be retained under British
sovereignty and of their territorial waters. The areas are shown on Maps Nos. 1 and 2 at
Appendix V to this Paper.
Boundaries
2. The land boundaries are defined in Section 1 of Annex A. Section 2 and Appendix H to
this Paper provide for their demarcation on the ground by a Boundary Commission composed
of representatives appointed by the United Kingdom and by the Republic. Provision is made
for the settlement by an independent expert of any question of the correct interpretation
of the maps and other material defining the boundaries. In addition the Commission may, if
both sides agree, make minor amendments to the boundaries to take account of local
administrative conditions. Section 3 defines the territorial waters of the Sovereign Base
Areas.
Dhekelia Power Station
3. This power station, situated on Republican territory, will supply power both to the
Republic and to the Sovereign Base Areas. Section 4 of Annex A will allow the service
authorities, in the circumstances set out in this section, to provide staff, labour and
equipment if adequate supplies of power are not maintained.
United Kingdom Defence Rights and Facilities
4. The rights and facilities in the Republic of Cyprus to be enjoyed by the United
Kingdom Government were outlined in the Annex to the Declaration of the United Kingdom
Government of February, 1959 (Annex to Document III of Cmnd. 679). Article 2 and Annex B
to the draft Treaty of Establishment deal with the rights secured to the United Kingdom
Government in the Republic of Cyprus. Article 4 and Annex C deal with the status of forces
in the territory of the Republic and in the Sovereign Base Areas.
Sites
5. Sections 1, 2 and 3 of Part II of Annex B to the draft Treaty secure for the United
Kingdom authorities the use of a number of Sites in the territory of the Republic of
Cyprus. These Sites are shown on Map No. 3 at Appendix V to this Paper. The Sites are in
four Schedules. The United Kingdom will have the right to use, without restriction or
interference, the Sites listed in Schedules A and B. For the Sites listed in Schedules C
and D less extensive rights will be sufficient. Those listed in Schedules A and C are for
permanent retention: those in Schedules B and D will be released as soon as practicable.
Facilities
6. The following are some of the facilities secured to the United Kingdom by the same
Annex. Section 4 deals with freedom of movement in the Republic and the right for military
aircraft to overfly the territory of the Republic. The United Kingdom authorities, under
Section 5, will have the right to use the ports and harbors of the Republic. The United
Kingdom authorities will also have the right to install and operate communications systems
and postal services (Section 6), to employ Cypriot nationals (Section 7) and to undertake
surveys (Section 8). Provision is made in Section 8, 3 for the establishment of a
Committee to keep under review questions relating to water supplies affecting on the one
hand the Sovereign Base Areas and the United Kingdom sites and other installations, and on
the other hand the Republic. Section 9, 4 deals with the extension of facilities to
Commonwealth forces.
Land
7. Part III of Annex B to the draft Treaty concerns the rights of the United Kingdom
authorities to acquire and own immovable property (including land) in the Republic, and to
dispose of immovable property if it is no longer needed. The provisions include
arrangements for payments to be made in certain circumstances and for disputes about the
amounts of such payments to be settled by arbitration.
Training Facilities
8. Part IV of Annex B to the draft Treaty makes provision for the United Kingdom
Government to have training facilities in the territory of the Republic; specified areas
will be used for manoeuvres, field-firing, engineer training, artillery ranges, amphibious
warfare, naval bombardment, parachute dropping and airborne exercises. There will be
facilities for air training in specified areas, including an air to ground firing range, a
high level bombing range and an instrument flying area. Provision is made (Section 8) for
the payment of compensation where appropriate. The areas to be used for training purposes
are shown on Map No. 3 at Appendix V to this Paper.
Nicosia Airfield
9. Part V of Annex B to the draft Treaty provides for the joint use of Nicosia airfield
for civil and military purposes. Sections 1 and 2 define the part of the airfield
exclusively for the use of the United Kingdom, and other parts, notably the runways,
designated as joint user areas. The existing civil terminal area will be under the control
of the Republic of Cyprus until a new civil terminal has been constructed. Her Majesty's
Government have undertaken to pay Ј500,000 for the construction of this terminal.
10. The Republic of Cyprus will be responsible for all purely civil aviation matters;
under Section 2 the United Kingdom will have such facilities as they consider necessary
for the operation of military aircraft in peace and war. Under Section 7 the Republic of
Cyprus will provide air traffic control within the Cyprus Flight Information Region. There
will be single and undivided approach and aerodrome control. This approach control, at
present exercised by the United Kingdom, will become the responsibility of the Republic of
Cyprus as soon as they have the qualified staff to exercise it, but the United Kingdom
will have the right to provide staff to assist and to exercise exclusive control in
emergency.
11. The United Kingdom will be responsible for the maintenance of existing joint user
facilities (Section 5), and will make freely available to the Republic of Cyprus such
meteorological, fire, crash, search and rescue facilities as are provided for the
operation of military aircraft (Section 9). Financial arrangements are set out in Section
12.
12. The areas of the airfield and its surroundings which are to be used exclusively by
the United Kingdom and which are to be used jointly with the Republic of Cyprus are shown
on Map No. 4 at Appendix V to this Paper.
Payments
13. Part VI of Annex B to the draft Treaty specifies items in respect of which payments
will be made by the United Kingdom.
Status of Forces
14. The status of forces in the island is dealt with in Article 4 and Annex C to the
draft Treaty. The provisions are reciprocal and will apply both to United Kingdom forces
in the Republic and to Cypriot forces in the Sovereign Base Areas. Among the more
important provisions is that concerning jurisdiction which generally follows Article VII
of the Agreement regarding the Status of Forces of Parties to the North Atlantic Treaty,
Cmnd. 9363 (Section 8). Broadly speaking, Service Courts will normally exercise criminal
and disciplinary jurisdiction over servicemen, the civilian component and their dependents
for offences involving United Kingdom personnel and property only, offences committed on
official duty and offences committed solely within the Sites. The Republic's Courts will
normally exercise jurisdiction for other offences. Special arrangements are made for the
settlement of claims arising from injury or damage caused by members of the forces
(Section 9). Section 11 deals with customs arrangements.
CITIZENSHIP
15. Article 6 and Annex D to the draft Treaty make provision for determining the
nationality of persons affected by the settlement.
16. Section 2 defines the persons who, by reason of their connexion with and residence
in Cyprus, will automatically become citizens of the Republic of Cyprus as from the
establishment of the Republic. Section 3 provides that, as from a date six months after
the date of the Treaty all the persons with the qualifications specified in Section 2, 2
shall lose their citizenship of the United Kingdom and Colonies but excepts from such loss
certain categories of' persons who possess a connexion with the United Kingdom and
Colonies. These categories are set out in Section 3, 2. Such persons will for the time
being possess dual citizenship, but will be able to renounce either their citizenship of
the United Kingdom and Colonies or their citizenship of Cyprus.
17. Section 4 makes provision by which certain categories of persons resident outside
Cyprus may, by application to the authorities of the Republic
of Cyprus, be granted citizenship of Cyprus. By Section 4,14 any person thus granted
citizenship of Cyprus will thereupon lose his citizenship of the United Kingdom and
Colonies. Section 5 makes provision whereby persons naturalised or registered as citizens
of the United Kingdom and Colonies in Cyprus, and their descendants in the male line, may
obtain citizenship of Cyprus on application made within 12 months of the establishment of
the Republic; by Section 5, 5 persons who thus become citizens of the Republic will cease
to be citizens of the United Kingdom and Colonies.
18. Section 6 gives an entitlement to certain married women to acquire citizenship of
the Republic on the strength of their husband's status under the terms of the Annex.
Section 7 enables persons who lose citizenship of the United Kingdom and Colonies under
Section 3 to re-acquire it within two years of the establishment of the Republic on the
same terms as if they were British subjects other than citizens of the United Kingdom and
Colonies. (The normal conditions for such acquisition of citizenship, as laid down in
Section 6 (1) of the British Nationality Act, 1948, are that the person shall be
ordinarily resident in the United Kingdom and Colonies on the date of the application and
shall have been so resident for the immediately preceding 12 months.) Section 8 requires
the Republic of Cyprus to give to citizens of the Republic who also possess another
nationality or citizenship the right to renounce their citizenship of the Republic; a
corresponding right for citizens of the United Kingdom and Colonies is already provided
for by Section 19 of the British Nationality Act, 1948.
ASSETS, LIABILITIES AND THE RIGHTS OF CERTAIN PUBLIC OFFICERS
19. Annex E to the draft Treaty and Appendices L and S to this Paper cover certain
financial and administrative arrangements consequent on the transfer of power.
20. Section I deals with transfer of property of the Government of the Colony of Cyprus
to the Government of the Republic. Section 2 provides for the assumption by the Government
of the Republic of legal liabilities and obligations of the Government of the Colony.
21. The arrangements concerning the pensions and other rights of certain public
officers who retired as a consequence of the impending transfer of power and the
conditions of service and other rights of certain officers who continue in the service of
the Republic are set out in Section 5 and the Schedule thereto, read in conjunction with
the relevant Articles of the Constitution.
CUSTOMS ARRANGEMENTS BETWEEN THE REPUBLIC AND THE SOVEREIGN BASE AREAS
22. Part I of Annex F to the draft Treaty and Appendix M to this Paper set out the
customs arrangements between the Republic and the Sovereign Base Areas which follow from
the recognition that customs barriers between them should be avoided. Section 8 provides
for a committee to be established to keep customs arrangements under review.
MOST-FAVOURED-NATION TREATMENT
23. Part II of Annex F to the draft Treaty and Appendix N to this Paper deal with
most-favoured-nation treatment for the United Kingdom, Greece and Turkey.
ADMINISTRATION OF THE SOVEREIGN BASE AREAS
24. Her Majesty will continue to exercise sovereignty and jurisdiction over the two
Sovereign Base Areas.
25. The Air Officer Commanding-in-Chief, Middle East Air Force, Royal Air Force, will
be appointed Administrator of the Areas, and will be responsible to the Secretary of State
for Air. The Administrator will be empowered to make laws for the peace, order and good
government of the Areas. The costs of administration will be borne by Air Votes.
26. Her Majesty's Government have undertaken to make a declaration regarding the
administration of the Sovereign Base Areas. The terms of the declaration are at Appendix O
to this Paper.
CYPRUS AND THE COMMONWEALTH
27. In the course of their discussions in London in January, 1960, the President- and
Vice-President-Elect of the Republic of Cyprus called twice on the Secretary of State for
Commonwealth Relations to discuss what continuing links the new Republic might have with
the Commonwealth after Independence.
28. After their second meeting on 20th January, an agreed statement v issued to the
Press in the terms set out in Appendix F to this Paper.
THE SMALLER RELIGIOUS GROUPS
29. The Armenians, Maronites and Latins constitute three separate religious groups in
the island. A statement by Her Majesty's Government on constitutional safeguards for these
groups in accordance with paragraph B (2) (i) of the United Kingdom Declaration made at
the London Conference of February, 1959 (Document III of Cmnd. 679) is at Appendix E to
this Paper. This statement has been accepted by Archbishop Makarios and Dr. Kutchuk.
BRITISH RESIDENTS
30. The special interests of the British Community in the island are to be safeguarded
by the exchange of notes set out at Appendix T to this Paper. The British residents will
have the right to remain citizens of the United Kingdom and Colonies. They will enjoy the
fundamental rights and liberties provided in Part II of the Constitution (Appendix D to
this Paper) for all persons, but only those who become citizens of the Republic will be
enfranchised. APPENDIX A
DRAFT TREATY CONCERNING THE ESTABLISHMENT OF THE REPUBLIC OF CYPRUS
The United Kingdom of Great Britain and Northern Ireland, the Kingdom of Greece and the
Republic of Turkey of the one part and the Republic of Cyprus of the other part;
Desiring to make provisions to give effect to the Declaration made by the Government of
the United Kingdom on the 17th of February, 1959, during the Conference at London, in
accordance with the subsequent Declarations made at the Conference by the Foreign
Ministers of Greece and Turkey, by the Representative of the Greek Cypriot Community and
by the Representative of the Turkish Cypriot Community;
Taking note of the terms of the Treaty of Guarantee signed to-day by the Parties to
this Treaty;
Have agreed as follows:—
ARTICLE 1
The territory of the Republic of Cyprus shall comprise the Island of Cyprus, together
with the islands Iying off its coast, with the exception of the two areas defined in Annex
A to this Treaty, which areas shall remain under the sovereignty of the United Kingdom.
These areas are in this Treaty and its Annexes referred to as the Akrotiri Sovereign Base
Area and the Dhekelia Sovereign Base Area.
ARTICLE 2
(1) The Republic of Cyprus shall accord to the United Kingdom the rights set forth in
Annex B to this Treaty.
(2) The Republic of Cyprus shall co-operate fully with the United Kingdom to ensure the
security and effective operation of the military bases situated in the Akrotiri Sovereign
Base Area and the Dhekelia Sovereign Base Area, and the full enjoyment by the United
Kingdom of the rights conferred by this Treaty.
ARTICLE 3
The Republic of Cyprus, Greece, Turkey and the United Kingdom undertake to consult and
co-operate in the common defence of Cyprus.
ARTICLE 4
The arrangements concerning the status of forces in the Island of Cyprus shall be those
contained in Annex C to this Treaty.
ARTICLE 5
The Republic of Cyprus shall secure to everyone within its jurisdiction human rights
and fundamental freedoms comparable to those set out in Section I of the European
Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on
the 4th of November, 1950, and the Protocol to that Convention signed at Paris on the 20th
of March, 1952.
ARTICLE 6
The arrangements concerning the nationality of persons affected by the establishment of
the Republic of Cyprus shall be those contained in Annex D to this Treaty.
ARTICLE 7
The Republic of Cyprus and the United Kingdom accept and undertake to carry out the
necessary financial and administrative arrangements to settle questions arising out of the
termination of British administration in the territory of the Republic of Cyprus. These
arrangements are set forth in Annex E to this Treaty.
ARTICLE 8
(1) All international obligations and responsibilities of the Government of the United
Kingdom shall henceforth, in so far as they may be held to have application to the
Republic of Cyprus, be assumed by the Government of the Republic of Cyprus.
(2) The international rights and benefits heretofore enjoyed by the Government of the
United Kingdom in virtue of their application to the territory of the Republic of Cyprus
shall henceforth be enjoyed by the Government of the Republic of Cyprus.
ARTICLE 9
The Parties to this Treaty accept and undertake to carry out the arrangements
concerning trade, commerce and other matters set forth in Annex F to this Treaty.
ARTICLE 10
Any question or difficulty as to the interpretation of the provisions of this Treaty
shall be settled as follows:—
(a) Any question or difficulty that may arise over the operation of the military requirements of the United Kingdom, or concerning the provisions of this Treaty in so far as they affect the status, rights and obligations of United Kingdom forces or any other forces associated with them under the terms of this Treaty, or of Greek, Turkish and Cypriot forces, shall ordinarily be settled by negotiation between the tripartite Headquarters of the Republic of Cyprus, Greece and Turkey and the authorities of the armed forces of the United Kingdom.
(b) Any question or difficulty as to the interpretation of the provisions of this Treaty on which agreement cannot be reached by negotiation between the military authorities in the cases described above, or, in other cases, by negotiation between the Parties concerned through the diplomatic channel, shall be referred for final decision to a tribunal appointed for the purpose, which shall be composed of four representatives, one each to be nominated by the Government of the United Kingdom, the Government of Greece, the Government of Turkey and the Government of the Republic of Cyprus, together with an independent chairman nominated by the President of the International Court of Justice. If the President is a citizen of the United Kingdom and Colonies or of the Republic of Cyprus or of Greece or of Turkey, the Vice-President shall be requested to act; and, if he also is such a citizen, the next senior Judge of the Court. ARTICLE 11
The Annexes to this Treaty shall have force and effect as integral par of this Treaty.
ARTICLE 12
This Treaty shall enter into force on signature by all the Parties to it.
APPENDIX B DRAFT TREATY OF GUARANTEE
The Republic of Cyprus of the one part, and Greece, Turkey and the United Kingdom of
Great Britain and Northern Ireland of the other part,
I. Considering that the recognition and maintenance of the independence, territorial
integrity and security of the Republic of Cyprus, as established and regulated by the
Basic Articles of its Constitution, are in their common interest,
II. Desiring to cooperate to ensure respect for the state of affairs created
by that Constitution,
Have agreed as follows:
ARTICLE I
The Republic of Cyprus undertakes to ensure the maintenance of its independence,
territorial integrity and security, as well as respect for its Constitution.
It undertakes not to participate, in whole or in part, in any political or economic
union with any State whatsoever. It accordingly declares prohibited any activity likely to
promote, directly or indirectly, either union with any other State or partition of the
Island.
ARTICLE II
Greece, Turkey and the United Kingdom, taking note of the undertakings of the Republic
of Cyprus set out in Article I of the present Treaty, recognise and guarantee the
independence, territorial integrity and security of the Republic of Cyprus, and also the
state of affairs established by the Basic Articles of its Constitution.
Greece, Turkey and the United Kingdom likewise undertake to prohibit, so far as
concerns them, any activity aimed at promoting, directly or indirectly, either union of
Cyprus with any other State or partition of the Island.
ARTICLE III
The Republic of Cyprus, Greece and Turkey undertake to respect the integrity of the
areas retained under United Kingdom sovereignty at the time of the establishment of the
Republic of Cyprus, and guarantee the use and enjoyment by the United Kingdom of the
rights to be secured to it by the Republic of Cyprus in accordance with the Treaty
concerning the Establishment of the Republic of Cyprus signed at Nicosia on today's
date.
ARTICLE IV
In the event of a breach of the provisions of the present Treaty, Greece, Turkey and
the United Kingdom undertake to consult together with respect to the representations or
measures necessary to ensure observance of those provisions.
In so far as common or concerted action may not prove possible, each the three
guaranteeing Powers reserves the right to take action with the sole aim of
reestablishing the state of affairs created by the present Treaty.
ARTICLE V
The present Treaty shall enter into force on the date of signature. The
The High Contracting Parties shall proceed as soon as possible to the registration of
the present Treaty with the Secretariat of the United Nations in accordance with Article
102 of the Charter of the United Nations. APPENDIX C DRAFT TREATY OF ALLIANCE
The Republic of Cyprus, Greece and Turkey,
I. In their common desire to uphold peace and to preserve the security of each of them,
II. Considering that their efforts for the preservation of peace and security are in
conformity with the purposes and principles of the United Nations Charter,
Have agreed as follows
ARTICLE
The High Contracting Parties undertake to cooperate for their common defence and to
consult together on the problems raised by that defence.
ARTICLE II
The High Contracting Parties undertake to resist any attack or aggression, direct or
indirect, directed against the independence or the territorial integrity of the Republic
of Cyprus.
ARTICLE III
For the purpose of this alliance and in order to achieve the object mentioned above, a
Tripartite Headquarters shall be established on the territory of the Republic of Cyprus.
ARTICLE IV
Greece and Turkey shall participate in the Tripartite Headquarters so established with
the military contingents laid down in Additional Protocol No. 1 annexed to the present
Treaty.
The said contingents shall provide for the training of the army of the Republic of
Cyprus.
ARTICLE V
The Command of the Tripartite Headquarters shall be assumed in rotation, for a period
of one year each, by a Cypriot, Greek and Turkish General Officer, who shall be appointed
respectively by the Governments of Greece and Turkey and by the President and the
VicePresident of the Republic of Cyprus.
ARTICLE VI
The present Treaty shall enter into force on the date of signature.
The High Contracting Parties shall conclude additional agreements if the application of
the present Treaty renders them necessary.
The High Contracting Parties shall proceed as soon as possible with the registration of
the present Treaty with the Secretariat of the United Nations, in conformity with Article
102 of the United Nations Charter.
ADDITIONAL PROTOCOL
No. I
I. The Greek and Turkish contingents which are to participate in the Tripartite
Headquarters shall comprise respectively 950 Greek officers. noncommissioned officers and
men, and 650 Turkish officers, noncommissioned officers and men.
II. The President and the VicePresident of the Republic of Cyprus, acting in
agreement, may request the Greek and Turkish Governments to increase or reduce the Greek
and Turkish contingents.
III. It is agreed that the sites of the cantonments for the Greek and Turkish
contingents participating in the Tripartite Headquarters. their juridical status,
facilities and exemptions in respect of customs and taxes. as well as other immunities and
privileges and any other military and technical questions concerning the organisation and
operation of the Headquarters mentioned above shall be determined by a Special Convention
which shall come into force not later than the Treaty of Alliance.
IV. It is likewise agreed that the Tripartite Headquarters shall be set up not later
than three months after the completion of the tasks of the Mixed Commission for the Cyprus
Constitution and shall consist. in the initial period, of a limited number of officers
charged with the training of the armed forces of the Republic of Cyprus. The Greek and
Turkish contingents mentioned above will arrive in Cyprus on the date of signature of the
Treaty of Alliance.
ADDITIONAL PROTOCOL
No. II
ARTICLE I
A Committee shall be set up consisting of the Foreign Ministers of Cyprus, Greece and
Turkey. It shall constitute the supreme political body of the Tripartite Alliance and may
take cognisance of any question concerning the Alliance which the Governments of the three
Allied countries shall agree to submit to it.
ARTICLE II
The Committee of Ministers shall meet in ordinary session once a year. In a matter of
urgency the Committee of Ministers can be convened in special session by its Chairman at
the request of one of the members of the Alliance.
Decisions of the Committee of Ministers shall be unanimous.
ARTICLE III
The Committee of Ministers shall be presided over in rotation and for a period of one
year, by each of the three Foreign Ministers. It will hold its ordinary sessions, unless
it is decided otherwise, in the capital of the
Chairman's country. The Chairman shall, during the year in which he holds office, preside
over sessions of the Committee of Ministers, both ordinary and special.
The Committee may set up subsidiary bodies whenever it shall judge it to be necessary
for the fulfilment of its task.
ARTICLE IV
The Tripartite Headquarters established by the Treaty of Alliance shall be responsible
to the Committee of Ministers in the performance of its functions. It shall submit to it,
during the Committee's ordinary session an annual report comprising a detailed account of
the Headquarter 's activities.
ANNEX I
(Article 181)
(Here insert the Treaty guaranteeing the independence, territorial integrity
and Constitution of the Republic concluded between the Republic, the Kingdom
of Greece, the Republic of Turkey and the United Kingdom of Great Britain
and Northern Ireland.)
ANNEX II
(Article 181)
(Here insert the Treaty of Military Alliance concluded between the Republic,
the Kingdom of Greece and the Republic of Turkey.)
* Note: date to be inserted later.
ANNEX III
List of Basic Articles of the Constitution
Articles
1
3
4 paragraph 1
paragraph 2
paragraphs 1 and 2
paragraph 3 paragraph 4
(Article 182)
in so far as it relates to the Authorities of the Republic in so far
as it relates to Communal authorities in so far as it relates to citizens
of the Republic
5
23 paragraph 4 in so far as it relates to the Republic or a municipal
corporation and subparagraph (c) thereof
paragraph 5 in so far as it relates to the use of compulsorily
acquired property by the Republic or a municipal
corporation and its restoration to the owner
paragraph 6
paragraph 11 in so far as the compulsory acquisition is made
by the Republic or a municipal corporation and in
so far as this paragraph relates to the recourse to
the courts and its suspending effect
36 paragraph 2
39 paragraph 1 in so far as it relates to universal suffrage
42 paragraph 1 except the text of the affirmation other than its part
relating to faith to, and respect for, the Constitution
paragraph 2
43 paragraph 1
44
46
50
paragraphs 2 and 4
51
52
53
57
61
62
in so far as it relates to the five years' period
except its fourth paragraph
paragraph 1 except the part of its subparagraph (a) items (i)
to (vi) both inclusive
paragraphs 1 and 2
paragraph 3 except for the time of thirty days provided for the
Budget
paragraphs 4 and 6
except its part relating to the recourse to the
Supreme Constitutional Court under Article 140
paragraphs 1, 2 and 3
paragraph 2 except its part relating to time limits and its proviso
paragraph 3 except its part relating to time limits
paragraph 4 in so far as it relates to promulgation
paragraph 2
65 paragraph 1
78
in so far as it relates to the percentages, to the separate and universal
suffrage and to the proportion being independent of any statistical data
in so far as it relates to the five years' period
Articles
86
87 paragraph 1
89
92
subparagraphs (a) to (e) both inclusive and sub paragraph (f) except
its final words referring to
Article 88
paragraph 1 subparagraphs (b) and (c) and paragraphs 2 and 3 in so
far as it relates only to the determination of the number of its members
by the Communal Chambers
108
112 paragraph 1
115 paragraph 1
118 paragraph 1
123
126
129
130
131
132
133
137
paragraph 1
paragraph 1
paragraph 1
paragraph 3
paragraph 4
138 paragraph 1
139 paragraph 1
except its part relating to qualifications
except its part relating to qualifications
except its part relating to qualifications
except its part relating to qualifications
except the proviso to its subparagraph (2)
only in so far as it relates to the suspension of the
laws or decisions
except its proviso
in so far as it relates to conflict of competence
between the House of Representatives and the
Communal Chambers
153 paragraph 1 except the proviso to its subparagraph (2)
157 paragraphs 1 and 2
159 paragraphs 1, 2, 3, and 4
160 paragraph 1 its part which provides the matter with which the
courts are dealing
paragraph 3 except its proviso
170
173 paragraph 1
paragraph 3
178
181
182
185 paragraph 2
except the names of the towns except its part relating to the carrying
out of joint services entrusted to the coordinating body
The Joint Constitutional Commission
THE GREEK GOVERNMENT DELEGATION:
Professor Themistocles Tsatsos (Head of the Delegation)
Mr. George Charbouris
Mr. Alexandros Lekkas
Mr. Constantinos Choidas
Mr. Demetrios Apostolides
Mr. Demetrios Kyriazis
Mr. Georghios Zotiades
Mr. Demetrios Petrounakos
THE TURKISH DELEGATION:
Professor Nihat Erim (Head of the Delegation)
Dr. Suat Bilge
Mr. Sherif Kolhan
Mr. Ahmet Asim Akyamach
Mr. Kaya Pirnar
Mr. Alaeddin Gulen
THE CYPRUS GREEK DELEGATION:
Mr. Glafkos Clerides (Head of the Delegation)
Mr. George Polyviou
Mr. Michalakis Triantafyllides
Mr. Tasos Papadopoullos
The Legal Adviser: Mr. Criton George Tornaritis
THE CYPRUS TURKISH DELEGATION:
Mr. Rauf Raif Denktash (Head of the Delegation)
Mr. Halit Ali Riza
Mr. Hakki Suleyman
Mr. Ali Dana
The Legal Adviser: Mr. Mehmet Nedjati M
The Legal Adviser to the loins Constitutional Commission:
Professor Marcel Bridel
His Assistant:
Mr. Louis Bagi
APPENDIX D DRAFT CONSTITUTION OF THE REPUBLIC OF CYPRUS PART I. GENERAL PROVISIONS ARTICLE 1
The State of Cyprus is an independent and sovereign Republic with a presidential
regime, the President being Greek and the VicePresident being Turk elected by the Greek
and the Turkish Communities of Cyprus respectively as hereinafter in this Constitution
provided.
ARTICLE 2
For the purposes of this Constitution
(1) the Greek Community comprises all citizens of the Republic who are of Greek origin and whose mother tongue is Greek or who share the Greek cultural traditions or who are members of the GreekOrthodox Church;
(2) the Turkish Community comprises all citizens of the Republic who are of Turkish origin and whose mother tongue is Turkish or who share the Turkish cultural traditions or who are Moslems;
(3) citizens of the Republic who do not come within the provisions of paragraph (1) or (2) of this Article shall, within three months of the date of the coming into operation of this Constitution, opt to belong to either the Greek or the Turkish Community as individuals, but, if they belong to a religious group, shall so opt as a religious group and upon such option they shall be deemed to be members of such Community:
Provided that any citizen of the Republic who belongs to such a religious group may choose not to abide by the option of such group and by a written and signed declaration submitted within one month of the date of such option to the appropriate officer of the Republic and to the Presidents of the Greek and the Turkish Communal Chambers opt to belong to the Community other than that to which such group shall be deemed to belong:
Provided further that if an option of such religious group is not accepted on the ground that its members are below the requisite number any member of such group may within one month of the date of the refusal of acceptance of such option opt in the aforesaid manner as an individual to which Community he would like to belong.
For the purposes of this paragraph a " religious group " means a group of persons ordinarily resident in Cyprus professing the same
religion and either belonging to the same rite or being subject to the same jurisdiction thereof the number of whom, on the date of the coming into operation of this Constitution, exceeds one thousand out of which at least five hundred become on such date citizens of the Republic;
(4) a person who becomes a citizen of the Republic at any time after three months of the date of the coming into operation of this Constitution shall exercise the option provided in paragraph (3) of this Article within three months of the date of his so becoming a citizen;
(5) a Greek or a Turkish citizen of the Republic who comes within the provisions of paragraph (1) or (2) of this Article may cease to belong to the Community of which he is a member and belong to the other Community upon
(a) a written and signed declaration by such citizen to the effect that he desires such change, submitted to the appropriate officer of the Republic and to the Presidents of the Greek and the Turkish Communal Chambers;
(b) the approval of the Communal Chamber of such other Community;
(6) any individual or any religious group deemed to belong to either the Greek or the Turkish Community under the provisions of paragraph (3) of this Article may cease to belong to such Community and be deemed to belong to the other Community upon
(a) a written and signed declaration by such individual or religious group to the effect that such change is desired, submitted to the appropriate officer of the Republic and to the Presidents of the Greek and the Turkish Communal Chambers;
(b) the approval of the Communal Chamber of such other Community;
(7) (a) a married woman shall belong to the Community to which her husband belongs.
(b) a male or female child under the age of twentyone who is not married shall belong to the Community to which his or her father belongs, or, if the father is unknown and he or she has not been adopted, to the Community to which his or her mother belongs. ARTICLE 3
1. The official languages of the Republic are Greek and Turkish.
2. Legislative, executive and administrative acts and documents shall be drawn up in
both official languages and shall, where under the express provisions of this Constitution
promulgation is required, be promulgated by publication in the official Gazette of the
Republic in both official languages.
3. Administrative or other official documents addressed to a Greek or a Turk shall be
drawn up in the Greek or the Turkish language respectively.
4. Judicial proceedings shall be conducted or made and judgments shall be drawn up in
the Greek language if the parties are Greek, in the Turkish language if the parties are
Turkish, and in both the Greek and the Turkish languages if the parties are Greek and
Turkish. The official language or languages to be used for such purposes in all other
cases shall be specified by the Rules of Court made by the High Court under Article 163.
5. Any text in the official Gazette of the Republic shall be published in both official
languages in the same issue.
6. (1) Any difference between the Greek and the Turkish texts of any legislative,
executive or administrative act or document published in the official Gazette of the
Republic, shall be resolved by a competent court.
(2) The prevailing text of any law or decision of a Communal Chamber published in the
official Gazette of the Republic shall be that of the language of the Communal Chamber
concerned.
(3) Where any difference arises between the Greek and the Turkish texts of an executive
or administrative act or document which, though not published in the official Gazette of
the Republic, has otherwise been published, a statement by the Minister or any other
authority concerned as to which text should prevail or which should be the correct text
shall be final and conclusive.
(4) A competent court may grant such remedies as it may deem just in any case of a
difference in the texts as aforesaid.
7. The two official languages shall be used on coins, currency notes a stamps.
8. Every person shall have the right to address himself to the authorities of the
Republic in either of the official languages.
ARTICLE 4
1. The Republic shall have its own flag of neutral design and colour, chosen jointly by
the President and the VicePresident of the Republic.
2. The authorities of the Republic and any public corporation or public utility body
created by or under the laws of the Republic shall fly the flag of the Republic and they
shall have the right to fly on holidays together with the flag of the Republic both the
Greek and the Turkish flags at the same time.
3. The Communal authorities and institutions shall have the right to fly on holidays
together with the flag of the Republic either the Greek or the Turkish flag at the same
time.
4. Any citizen of the Republic or any body, corporate or unincorporate other than
public, whose members are citizens of the Republic, shall have the right to fly on their
premises the flag of the Republic or the Greek or the Turkish flag without any
restriction.
ARTICLE 5
The Greek and the Turkish Communities shall have the right to cerebra respectively the
Greek and the Turkish national holidays. PART II. FUNDAMENTAL RIGHTS AND LIBERTIES ARTICLE 6
Subject to the express provisions of this Constitution no law or decision
of the House of Representatives or of any of the Communal Chambers, and
no act or decision of any organ, authority or person in the Republic exercising
executive power or administrative functions, shall discriminate against
any of the two Communities or any person as a person or by virtue of being
a member of a Community.
ARTICLE 7
1. Every person has the right to life and corporal integrity.
2. No person shall be deprived of his life except in the execution of
a sentence of a competent court following his conviction of an offence
for which this penalty is provided by law. A law may provide for such penalty
only in cases of premeditated murder, high treason, piracy jure gentium
and capital offences under military law.
3. Deprivation of life shall not be regarded as inflicted in contravention
of this Article when it results from the use of force which is no more
than absolutely necessary
(a) in defence of person or property against the infliction of a proportionate
and otherwise unavoidable and irreparable evil;
(b) in order to effect an arrest or to prevent the escape of a person
lawfully detained;
(c) in action taken for the purpose of quelling a riot or insurrection
when and as provided by law. ARTICLE 8
No person shall be subjected to torture or to inhuman or degrading punishment
or treatment.
ARTICLE 9
Every person has the right to a decent existence and to social security.
A law shall provide for the protection of the workers, assistance to the
poor and for a system of social insurance.
ARTICLE 10
1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced or compulsory labour.
3. For the purposes of this Article the term " forced or compulsory
labour " shall not include
(a) any work required to be done in the ordinary course of detention
imposed according to the provisions of Article 11 or during conditional
release from such detention;
(b) any service of a military character if imposed or, in case of conscientious
objectors, subject to their recognition by a law, service exacted instead
of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening
the life or wellbeing of the inhabitants. ARTICLE 11
1. Every person has the right to liberty and security of person.
2. No person shall be deprived of his liberty save in the following
cases when and as provided by law:
(a) the detention of a person after conviction by a competent court;
(b) the arrest or detention of a person for noncompliance with the
lawful order of a court;
(c) the arrest or detention of a person effected for the purpose of
bringing him before the competent legal authority on reasonable suspicion
of having committed an offence or when it is reasonably considered necessary
to prevent his committing an offence or fleeing after having done so;
(d) the detention of a minor by a lawful order for the purpose of educational
supervision or his lawful detention for the purpose of bringing him before
the competent legal authority;
(e) the detention of persons for the prevention of spreading of infectious
diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
(f) the arrest or detention of a person to prevent him effecting an
unauthorised entry into the territory of the Republic or of an alien against
whom action is being taken with a view to deportation or extradition.
3. Save when and as provided by law in case of a flagrant offence punishable
with death or imprisonment, no person shall be arrested save under the
authority of a reasoned judicial warrant issued according to the formalities
prescribed by the law.
4. Every person arrested shall be informed at the time of his arrest
in a language which he understands of the reasons for his arrest and shall
be allowed to have the services of a lawyer of his own choosing.
5. The person arrested shall, as soon as is practicable after his arrest,
and in any event not later than twentyfour hours after the arrest, be
brought before a judge, if not earlier released.
6. The judge before whom the person arrested is brought shall promptly
proceed to inquire into the grounds of the arrest in a language understandable
by the person arrested and shall, as soon as possible and in any event
not later than three days from such appearance, either release the person
arrested on such terms as he may deem fit or where the investigation into
the commission of the offence for which he has been arrested has not been
completed remand him in custody and may remand him in custody from time
to time for a period not exceeding eight days at any one time:
Provided that the total period of such remand in custody shall not
exceed three months of the date of the arrest on the expiration of which
every person or authority having the custody of the person arrested shall
forthwith set him free.
Any decision of the judge under this paragraph shall be subject to appeal.
7. Every person who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings by which the lawfulness of his detention
shall be decided speedily by a court and his release ordered if the detention
is not lawful.
8. Every person who has been the victim of arrest or detention in contravention
of the provisions of this Article shall have an enforceable right to compensation.
ARTICLE 12
1. No person shall be held guilty of any offence on account of any act
or omission which did not constitute an offence under the law at the time
when it was committed; and no person shall have a heavier punishment imposed
on him for an offence other than that expressly provided for it by law
at the time when it was committed.
2. A person who has been acquitted or convicted of an offence shall
not be tried again for the same offence. No person shall be punished twice
for the same act or omission except where death ensues from such act or
omission.
3. No law shall provide for a punishment which is disproportionate to
the gravity of the offence.
4. Every person charged with an offence shall be presumed innocent until
proved guilty according to law.
5. Every person charged with an offence has the following minimum rights:
(a) to be informed promptly and in a language which he understands and
in detail of the nature and grounds of the charge preferred against him;
(b) to have adequate time and facilities for the preparation of his
defence;
(c) to defend himself in person or through a lawyer of his own choosing
or, if he has no sufficient means to pay for legal assistance, to be given
free legal assistance when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain
the attendance and examination of witnesses on his behalf under the same
conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand
or speak the language used in court.
6. A punishment of general confiscation of property is prohibited.
ARTICLE 13
1. Every person has the right to move freely throughout the territory of
the Republic and to reside in any part thereof subject to any restrictions
imposed by law and which are necessary only for the purposes of defence
or public health or provided as punishment to be passed by a competent
court.
2. Every person has the right to leave permanently or temporarily the
territory of the Republic subject to reasonable restrictions imposed by
law.
ARTICLE 14
No citizen shall be banished or excluded from the Republic under any circumstances.
ARTICLE 15
1. Every person has the right to respect for his private and family life.
2. There shall be no interference with the exercise of this right except
such as is in accordance with the law and is necessary only in the interests
of the security of the Republic or the constitutional order or the public
safety or the public order or the public health or the public morals or
for the protection of the rights and liberties guaranteed by this Constitution
to any person.
ARTICLE 16
1. Every person's dwelling house is inviolable.
2. There shall be no entry in any dwelling house or any search therein
except when and as provided by law and on a judicial warrant duly reasoned
or when the entry is made with the express consent of its occupant or for
the purpose of rescuing the victims of any offence of violence or of any
disaster.
ARTICLE 17
1. Every person has the right to respect for, and to the secrecy of, his
correspondence and other communication if such other communication is made
through means not prohibited by law.
2. There shall be no interference with the exercise of this right except
in accordance with the law and only in cases of convicted and unconvicted
prisoners and business correspondence and communication of bankrupts during
the bankruptcy administration.
ARTICLE 1 8
1. Every person has the right to freedom of thought, conscience and religion.
2. All religions whose doctrines or rites are not secret are free.
3. All religions are equal before the law. Without prejudice to the
competence of the Communal Chambers under this Constitution, no legislative,
executive or administrative act of the Republic shall discriminate against
any religious institution or religion.
4. Every person is free and has the right to profess his faith and
to manifest his religion or belief, in worship, teaching, practice or observance,
either individually or collectively, in private or in public, and to change
his religion or belief.
5. The use of physical or moral compulsion for the purpose of making
a person change or preventing him from changing his religion is prohibited.
6. Freedom to manifest one's religion or belief shall be subject only
to such limitations as are prescribed by law and are necessary in the interests
of the security of the Republic or the constitutional order or the public
safety or the public order or the public health or the public morals or
for the protection of the rights and liberties guaranteed by this Constitution
to any person.
7. Until a person attains the age of sixteen the decision as to the
religion to be professed by him shall be taken by the person having the
lawful guardianship of such person.
8. No person shall be compelled to pay any tax or duty the proceeds
of which are specially allocated in whole or in part for the purposes of
a religion other than his own.
ARTICLE 19
1. Every person has the right to freedom of speech and expression in any
form.
2. This right includes freedom to hold opinions and receive and impart
information and ideas without interference by any public authority and
regardless of frontiers.
3. The exercise of the rights provided in paragraphs 1 and 2 of this
Article may be subject to such formalities, conditions, restrictions or
penalties as are prescribed by law and are necessary only in the interests
of the security of the Republic or the constitutional order or the public
safety or the public order or the public health or the public morals or
for the protection of the reputation or rights of others or for preventing
the disclosure of information received in confidence or for maintaining
the authority and impartiality of the judiciary.
4. Seizure of newspapers or other printed matter is not allowed without
the written permission of the AttorneyGeneral of the Republic, which must
be confirmed by the decision of a competent court within a period not exceeding
seventytwo hours, failing which the seizure shall be lifted.
5. Nothing in this Article contained shall prevent the Republic from
requiring the licensing of sound and vision broadcasting or cinema enterprises.
ARTICLE 20
1. Every person has the right to receive, and every person or institution
has the right to give, instruction or education subject to such formalities,
conditions or restrictions as are in accordance with the relevant communal
law and are necessary only in the interests of the security of the Republic
or the constitutional order or the public safety or the public order or
the public health or the public morals or the standard and quality of education
or for the protection of the rights and liberties of others including the
right of the parents to secure for their children such education as is
in conformity with their religious convictions
2. Free primary education shall be made available by the Greek and the
Turkish Communal Chambers in the respective communal primary schools.
3. Primary education shall be compulsory for all citizens of such school
age as may be determined by a relevant communal law.
4. Education, other than primary education, shall be made available
by the Greek and the Turkish Communal Chambers, in deserving and appropriate
cases, on such terms and conditions as may be determined by a relevant
communal law.
ARTICLE 21
1. Every person has the right to freedom of peaceful assembly.
2. Every person has the right to freedom of association with others,
including the right to form and to join trade unions for the protection
of his interests. Notwithstanding any restriction under paragraph 3 of
this Article, no person shall be compelled to join any association or to
continue to be a member thereof.
3. No restrictions shall be placed on the exercise of these rights other
than such as are prescribed by law and are absolutely necessary only in
the 'interests of the security of the Republic or the constitutional order
or the public safety or the public order or the public health or the public
morals or for the protection of the rights and liberties guaranteed by
this Constitution to any person, whether or not such person participates
in such assembly or is a member of such association.
4. Any association the object or activities of which are contrary to
the constitutional order is prohibited.
5. A law may provide for the imposition of restrictions on the exercise
of these rights by members of the armed forces, the police or gendarmerie.
6. Subject to the provisions of any law regulating the establishment
or incorporation, membership (including rights and obligations of members),
management and administration, and winding up and dissolution, the provisions
of this Article shall also apply to the formation of companies, societies
and other associations functioning for profit.
ARTICLE 22
1. Any person reaching nubile age is free to marry and to found a family
according to the law relating to marriage, applicable to such person under
the provisions of this Constitution.
2. The provisions of paragraph 1 of this Article shall, in the following
cases, be applied as follows:
(a) if the law relating to marriage applicable to the parties as provided
under Article 111 is not the same, the parties may elect to have their
marriage governed by the law applicable to either of them under such Article;
(b) if the provisions of Article 111 are not applicable to any of the
parties to the marriage and neither of such parties is a member of the
Turkish Community, the marriage shall be governed by a law of the Republic
which the House of Representatives shall make and which shall not contain
any restrictions other than those relating to age, health, proximity of
relationship and prohibition of polygamy;
(c) if the provisions of Article 111 are applicable only to one of the
parties to the marriage and the other party is not a member of the Turkish
Community, the marriage shall be governed by the law of the Republic as
in subparagraph (b) of this paragraph provided:
Provided that the parties may elect to have their marriage governed
by the law applicable, under Article 111, to one of such parties in so
far as such law allows such marriage.
3. Nothing in this Article contained shall, in any way, affect the rights,
other than those on marriage, of the GreekOrthodox Church or of any religious
group to which the provisions of paragraph 3 of Article 2 shall apply with
regard to their respective members as provided in this Constitution.
ARTICLE 23
1. Every person, alone or jointly with others, has the right to acquire,
own, possess, enjoy or dispose of any movable or immovable property and
has the right to respect for such right.
The right of the Republic to underground water, minerals and antiquities
is reserved.
2. No deprivation or restriction or limitation of any such right shall
be made except as provided in this Article.
3. Restrictions or limitations which are absolutely necessary in the
interest of the public safety or the public health or the public morals
or the town and country planning or the development and utilization of
any property to the promotion of the public benefit or for the protection
of the rights of others may be imposed by law on the exercise of such right.
Just compensation shall be promptly paid for any such restrictions or
limitations which materially decrease the economic value of such property:
such compensation to be determined in case of disagreement by a civil
court.
4. Any movable or immovable property or any right over or interest in
any such property may be compulsorily acquired by the Republic or by a
municipal corporation or by a Communal Chamber for the educational, religious,
charitable or sporting institutions, bodies or establishments within its
competence and only from the persons belonging to its respective Community
or by a public corporation or a public utility body on which such right
has been conferred by law, and only
(a) for a purpose which is to the public benefit and shall be specially
provided by a general law for compulsory acquisition which shall be enacted
within a year from the date of the coming into operation of this Constitution;
and
(b) when such purpose is established by a decision of the acquiring
authority and made under the provisions of such law stating clearly the
reasons for such acquisition; and
(c) upon the payment in cash and in advance of a just and equitable
compensation to be determined in case of disagreement by a civil court.
5. Any immovable property or any right over or interest in any such
property compulsorily acquired shall only be used for the purpose for which
fit has been acquired. If within three years of the acquisition such purpose
has not been attained, the acquiring authority shall, immediately after
the expiration of the said period of three years, offer the property at
the price it has been acquired to the person from whom it has been acquired.
Such person shall be entitled within three months of the receipt of such
offer to signify his acceptance or nonacceptance of the offer, and if
he signifies acceptance, such property shall be returned to him immediately
after his returning such price within a further period of three months
from such acceptance.
6. In the event of agricultural reform, lands shall be distributed only
to persons belonging to the same Community as the owner from whom such
land has been compulsorily acquired.
7. Nothing in paragraphs 3 and 4 of this Article contained shall affect
the provisions of any law made for the purpose of levying execution in
respect of any tax or penalty, executing any judgment, enforcing any contractual
obligation or for the prevention of danger to life or property.
8. Any movable or immovable property may be requisitioned by the Republic
or by a Communal Chamber for the purposes of the educational, religious,,
charitable or sporting institutions, bodies or establishments within its
competence and only where the owner and the person entitled to possession
of such property belong to the respective Community, and only
(a) for a purpose which is to the public benefit and shall be specially
provided by a general law for requisitioning which shall be enacted within
a year from the date of the coming into operation of this Constitution;
and
(b) when such purpose is established by a decision of the requisitioning
authority and made under the provisions of such law stating clearly the
reasons for such requisitioning; and
(c) for a period not exceeding three years; and
(d) upon the prompt payment in cash of a just and equitable compensation
to be determined in case of disagreement by a civil court.
9. Notwithstanding anything contained in this Article no deprivation
restriction or limitation of the right provided in paragraph I of this
Article. in respect of any movable or immovable property belonging to any
See, monastery, church or any other ecclesiastical corporation or any right
over it or interest therein shall be made except with the written consent
of the appropriate ecclesiastical authority being in control of such property
and the provisions of paragraphs 3, 4, 7 and 8 of this Article shall be
subject to the provisions of this paragraph:
Provided that restrictions or limitations for the purposes of town and
country planning under the provisions of paragraph 3 of this Article are
exempted from the provisions of this paragraph.
10. Notwithstanding anything contained in this Article, no deprivation,
restriction or limitation of any right provided in paragraph 1 of this
Article in respect of any vakf movable or immovable property, including
the objects and subjects of the vakfs and the properties belonging to the
Mosques or to any other Moslem religious institutions, or any right thereon
or interest therein shall be made except with the approval of the Turkish
Communal Chamber and subject to the Laws and Principles of Vakfs and the
provisions of paragraphs 3, 4, 7 and 8 of this Article shall be subject
to the provisions of this paragraph:
Provided that restrictions or limitations for the purposes of town and
country planning under the provisions of paragraph 3 of this Article are
exempted from the provisions of this paragraph.
11. Any interested person shall have the right of recourse to the court
in respect of or under any of the provisions of this Article, and such
recourse shall act as a stay of proceedings for the compulsory acquisition;
and in case of any restriction or limitation imposed under paragraph 3
of this Article, the court shall have power to order stay of any proceedings
in respect thereof.
Any decision of the court under this paragraph shall be subject to appeal.
ARTICLE 24
1. Every person is bound to contribute according to his means towards
the public burdens.
2. No such contribution by way of tax, duty or rate of any kind whatsoever
shall be imposed save by or under the authority of a law.
3. No tax, duty or rate of any kind whatsoever shall be imposed with
retrospective effect:
Provided that any import duty may be imposed as from the date of the
introduction of the relevant Bill.
4. No tax, duty or rate of any kind whatsoever other than customs duties
shall be of a destructive or prohibitive nature.
ARTICLE 25
1. Every person has the right to practice any profession or to carry
on any occupation, trade or business.
2. The exercise of this right may be subject to such formalities, conditions
or restrictions as are prescribed by law and relate exclusively to the
qualifications usually required for the exercise of any profession or are
necessary only in the interests of the security of the Republic or the
constitutional order or the public safety or the public order or the public
health or the public morals or for the protection of the rights and liberties
guaranteed by this Constitution to any person or in the public interest:
Provided that no such formalities, conditions or restrictions purporting
to be in the public interest shall be prescribed by a law if such formality.
condition or restriction is contrary to the interests of either Community.
3. As an exception to the aforesaid provisions of this Article a law
may provide. if it is in the public interest. that certain enterprises
of the nature of an essential public service or relating to the exploitation
of sources of energy or other natural resources shall be carried out exclusively
by the Republic or a municipal corporation or by a public corporate body
created for the purpose by such law and administered under the control
of the Republic, and having a capital which may be derived from public
and private funds or from either such source only:
Provided that. where such enterprise has been carried out by any person,
other than a municipal corporation or a public corporate body, the installations
used for such enterprise shall, at the request of such person, be acquired.
on payment of a just price, by the Republic or such municipal corporation
or such public corporate body, as the case may be.
ARTICLE 2 6
1. Every person has the right to enter freely into any contract subject
to such conditions, limitations or restrictions as are laid down by the
general principles of the law of contract. A law shall provide for the
prevention of exploitation by persons who are commanding economic power.
2. A law may provide for collective labour contracts of obligatory fulfilment
by employers and workers with adequate protection of the rights of any
person, whether or not represented at the conclusion of such contract.
ARTICLE 27
1. The right to strike is recognised and its exercise may be regulated
by law for the purposes only of safeguarding the security of the Republic
or the constitutional order or the public order or the public safety or
the maintenance of supplies and services essential to the life of the inhabitants
or the protection of the rights and liberties guaranteed by this Constitution
to any person.
2. The members of the armed forces, of the police and of the gendarmerie
shall not have the right to strike. A law may extend such prohibition to
the members of the public service.
ARTICLE 28
1. All persons are equal before the law, the administration and justice
and are entitled to equal protection thereof and treatment thereby.
2. Every person shall enjoy all the rights and liberties provided for
in this Constitution without any direct or indirect discrimination against
any person on the ground of his community, race, religion, language, sex,
political
or other convictions, national or social descent, birth, color, wealth,
social class, or on any ground whatsoever, unless there is express provision
to the contrary in this Constitution.
3. No citizen shall be entitled to use or enjoy any privilege of any
title of nobility or of social distinction within the territorial limits
of the Republic.
4. No title or nobility or other social distinction shall be conferred
by or recognised in the Republic.
ARTICLE 29
1. Every person has the right individually or jointly with others to
address written requests or complaints to any competent public authority
and to have them attended to and decided expeditiously; an immediate notice
of any such decision taken duly reasoned shall be given to the person making
the request or complaint and in any event within a period not exceeding
thirty days.
2. Where any interested person is aggrieved by any such decision or
where no such decision is notified to such person within the period specified
in paragraph 1 of this Article, such person may have recourse to a competent
court in the matter of such request or complaint.
ARTICLE 30
1. No person shall be denied access to the court assigned to him by
or under this Constitution. The establishment of judicial committees or
exceptional courts under any name whatsoever is prohibited.
2. In the determination of his civil rights and obligations or of any
criminal charge against him, every person is entitled to a fair and public
hearing within a reasonable time by an independent, impartial and competent
court established by law. Judgment shall be reasoned and pronounced in
public session, but the press and the public may be excluded from all or
any part of the trial upon a decision of the court where it is in the interest
of the security of the Republic or the constitutional order or the public
order or the public safety or the public morals or where the interests
of juveniles or the protection of the private life of the parties so require
or, in special circumstances where, in the opinion of the court, publicity
would prejudice the interests of justice.
3. Every person has the right
(a) to be informed of the reasons why he is required to appear before
the court;
(b) to present his case before the court and to have sufficient time
necessary for its preparation;
(c) to adduce or cause to be adduced his evidence and to examine witnesses
according to law;
(d) to have a lawyer of his own choice and to have free legal assistance
where the interests of justice so require and as provided by law;
(e) to have free assistance of an interpreter if he cannot understand
or speak the language used in court.
ARTICLE 31
Every citizen has, subject to the provisions of this Constitution and
any
electoral law of the Republic or of the relevant Communal Chamber made
thereunder, the right to vote in any election held under this Constitution
or any such law.
ARTICLE 32
Nothing in this Part contained shall preclude the Republic from regulating
by law any matter relating to aliens in accordance with International Law.
ARTICLE 33
1. Subject to the provisions of this Constitution relating to a state
of emergency, the fundamental rights and liberties guaranteed by this Part
shall not be subjected to any other limitations or restrictions than those
in this Part provided.
2. The provisions of this Part relating to such limitations or restrictions
shall be interpreted strictly and shall not be applied for any purpose
other than those for which they have been prescribed.
ARTICLE 34
Nothing in this Part may be interpreted as implying for any Community,
group or person any right to engage in any activity or perform any act
aimed at the undermining or destruction of the constitutional order established
by this Constitution or at the destruction of any of the rights and liberties
set forth in this Part or at their limitation to a greater extent than
is provided for therein.
ARTICLE 35
The legislative, executive and judicial authorities of the Republic
shall be bound to secure, within the limits of their respective competence,
the efficient application of the provisions of this Part.
PART III. THE PRESIDENT OF THE REPUBLIC, THE VICE PRESIDENT OF THE REPUBLIC
AND THE COUNCIL OF MINISTERS ARTICLE 36
1. The President of the Republic is the Head of the State and takes precedence
over all persons in the Republic.
The VicePresident of the Republic is the ViceHead of the State and
takes precedence over all persons in the Republic next after the President
of the Republic.
Deputizing 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.
2. In the event of a temporary absence or a temporary incapacity to
perform the duties of the President or of the VicePresident of the Republic,
the President or the VicePresident of the House of Representatives and,
in case of his absence or pending the filling of a acancy in any such office,
the Representative acting for him under Article 72 shall act for the President
or the VicePresident of the Republic respectively during such temporary
absence or temporary incapacity.
ARTICLE 37
The President of the Republic as Head of the State-
(a) represents the Republic in all its official functions;
(b) signs the credentials of diplomatic envoys appointed under Article
54 and receives the credentials of foreign diplomatic envoys who shall
be accredited to him;
(c) signs-
(i) the credentials of delegates appointed under Article 54 for the
negotiation of international treaties, conventions or other agreements,
or for signing any such treaties, conventions or agreements already negotiated,
in accordance with, and subject to, the provisions of this Constitution;
(ii) the letter relating to the transmission of the instruments of rat)fication
of any international treaties, conventions or agreements approved as provided
in this Constitution;
(d) confers the honours of the Republic. ARTICLE 38
right to~
1. The VicePresident of the Republic as ViceHead of the State has
the
(a) be present in all official functions;
(b) be present at the presentation of the credentials of the foreign
diplomatic envoys;
(c) recommend to the President of the Republic the conferment of honours
of the Republic on members of the Turkish Community which recommendation
the President shall accept unless there are grave reasons to the contrary.
The honours so conferred will be presented to the recipient by the VicePresident
if he so desires.
2. For the purposes of subparagraphs (a) and (b) of paragraph 1 of this
Article, the necessa information shall be given to the VicePresident
of the
Republic in writing in sufficient time before any such event.
ARTICLE 39
1. The election of the President and the VicePresident of the Republic
shall be direct, by universal suffrage and secret ballot, and shall, except
in the case of a byelection, take place on the same day but separately:
Provided that in either case if there is only one candidate for election
that candidate shall be declared as elected.
2. The candidate who receives more than fifty per centum of the votes
validly cast shall be elected. If none of the candidates attains the required
majority the election shall be repeated on the corresponding day of the
week next following between the two candidates who received the greater
number of the votes validly cast and the candidate who receives at such
repeated election the greatest number of the votes validly cast shall be
deemed to be elected.
3. If the election cannot take place on the date fixed under this Constitution
owing to extraordinary and unforeseen circumstances such as earthquake,
floods, general epidemic and the like, then such election shall take place
on the corresponding day of the week next following.
ARTICLE 40
A person shall be qualified to be a candidate for election as President
VicePresident of the Republic if at the time of election such person-
(a) is a citizen of the Republic;
(b) has attained the age of thirtyfive years;
(c) has not been, on or after the date of the coming into operation
of this] Constitution, convicted of an offence involving dishonesty or
moral turpitude or is not under any disqualification imposed by a competent
court for any electoral offence;
(d) is not suffering from a mental disease incapacitating such person
from acting as President or VicePresident of the Republic. ARTICLE 41
1. The office of the President and of the VicePresident of the Republic
shall be incompatible with that of a Minister or of a Representative or
of a member of a Communal Chamber or of a member of any municipal council
including a Mayor or of a member of the armed or security forces of the
Republic or with a public or municipal office.
For the purposes of this Article " public office " means any office
of profit in the public service of the Republic or of a Communal Chamber,
the emoluments of which are under the control either of the Republic or
of a Communal Chamber, and includes any office in any public corporation
or public utility body.
2. The President and the VicePresident of the Republic shall not, during
their term of office, engage either directly or indirectly, either for
their own account or for the account of any other person, in the exercise
of any profit or nonprofit making business or profession.
ARTICLE 42
1. The President and the VicePresident of the Republic are invested by
the House of Representatives before which they make the following affirmation:-
" I do solemnly affirm faith to, and respect for, the Constitution
and the laws made thereunder, the preservation of the independence and
the territorial integrity, of the Republic of Cyprus."
2. For this purpose the House of Representatives shall meet on the date
the five years' period of office of the outgoing President and the outgoing
VicePresident of the Republic expires, and in the case of a byelection
under paragraph 4 of Article 44 on the third day from the date of such
byelection.
ARTICLE 43
1. The President and the VicePresident of the Republic shall hold office
for a period of five years commencing on the date of their investiture
and shall continue to hold such office until the next elected President
and VicePresident of the Republic are invested.
2. The President or the VicePresident of the Republic elected at a
byelection under paragraph 4 of Article 44 shall hold office for the unexpired
period of office of the President or the VicePresident of the Republic,
as the case may be, whose vacancy he has been elected to fill.
3. The election of a new President and VicePresident of the Republic
shall take place before the expiration of the five years' period of office
of the outgoing President and the outgoing VicePresident of the Republic
so as to enable the newlyelected President and VicePresident of the Republic
to be invested on the date such period expires.
ARTICLE 44
1. The office of the President or the VicePresident of the Republic she
become vacant-
(a) upon his death;
(b) upon his written resignation addressed to the House of Representative
through, and received by, its President or VicePresident respective!:
(c) upon his conviction of high treason or any other offence involving
dishonesty or moral turpitude;
(d) upon such permanent physical or mental incapacity or such absence,
other than temporary, as would prevent him to perform effectively his duties.
2. In the event of a vacancy in the office of the President or the Vice
President of the Republic, the President or the VicePresident of the House
of Representatives respectively shall act, during such vacancy, as President
or VicePresident of the Republic, respectively.
3. The Supreme Constitutional Court shall decide on any question arising
out of subparagraph (d) of paragraph 1 of this Article on a motion by
the AttorneyGeneral and the Deputy AttorneyGeneral of the Republic upon
a resolution of the Representatives belonging to the same Community as
the President or the VicePresident of the Republic respectively, carried
by a simple majority:
Provided that no such resolution shall be taken and no item shall be
entered on the agenda or debated in the House of Representatives in connexion
therewith unless the proposal for such resolution is signed by at least
one fifth of the total number of such Representatives.
4. In the event of a vacancy in the office of either the President or
the VicePresident of the Republic, the vacancy shall be filled by a byelection
which shall take place within a period not exceeding fortyfive days of
the occurrence of such vacancy.
ARTICLE 45
1. The President or the VicePresident of the Republic shall not be 1iable
to any criminal prosecution during his term of office except under the
provisions of this Article.
2. The President or the VicePresident of the Republic may be prosecuted
for high treason on a charge preferred by the AttorneyGeneral and the
Deputy AttorneyGeneral of the Republic before the High Court upon a resolution
of the House of Representatives carried by a secret ballot and a majority
of threefourths of the total number of Representatives:
Provided that no such resolution shall be taken and no item shale be
entered on the agenda or debated in the House of Representatives in connexion
therewith unless the proposal for such resolution is signed by at least
onefifth of the total number of Representatives.
3. The President or the VicePresident of the Republic may be prosecuted
for an offence involving dishonesty or moral turpitude upon a charge preferred
by the AttorneyGeneral and the Deputy AttorneyGeneral of the Republic
before the High Court with the leave of the President of the High Court.
4. (1) The President or the VicePresident of the Republic upon being
prosecuted under paragraph 2 or 3 of this Article shall be suspended from
the performance of any of the functions of his office and thereupon the
provisions of paragraph 2 of Article 36 shall apply.
(2) The President or the VicePresident of the Republic on any such
prosecution shall become
vacant and on his acquittal he shale resume the performance of the
functions of his office.
5. Subject to paragraphs 2 and 3 of this Article the President or the
VicePresident of the Republic shall not be liable to prosecution for any
offence committed by him in the execution of his functions but he may be
prosecuted for any other offence committed during his term of office after
he ceases to hold office.
6. No action shall be brought against the President or the VicePresident
of the Republic in respect of any act or omission committed by him in the
exercise of any of the functions of his office:
Provided that nothing in this paragraph contained shall be construed
as in any way depriving any person of the right to sue the Republic as
provided by law.
ARTICLE 46
The executive power is ensured by the President and the VicePresident
of the Republic.
The President and the VicePresident of the Republic in order to ensure
the executive power shall have a Council of Ministers composed of seven
Greek Ministers and three Turkish Ministers. The Ministers shall be designated
respectively by the President and the VicePresident of the Republic who
shall appoint them by an instrument signed by them both. The Ministers
may be chosen from outside the House of Representatives.
One of the following Ministries that is to say the Ministry of Foreign
Affairs, the Ministry of Defence or the Ministry of Finance, shall be entrusted
to a Turkish Minister. If the President and the VicePresident of the Republic
agree they may replace this system by a system of rotation.
The Council of Ministers shall exercise executive power as in Article
54 provided.
The decisions of the Council of Ministers shall be taken by an absolute
majority and shall, unless the right of final veto or return is exercised
by the President or the VicePresident of the Republic or both in accordance
with Article 57, be promulgated immediately by them by publication in the
official Gazette of the Republic in accordance with the provisions of Article
57.
ARTICLE 47
The executive power exercised by the President and the VicePresident of
the Republic conjointly consists of the following matters that is to say:
(a) determining the design and colour of the flag of the Republic as
in Article 4 provided;
(b) creation or establishment of the honours of the Republic,
(c) appointment by an instrument signed by them both of the members
of the Council of Ministers as in Article 46 provided;
(d) promulgation by publication in the official Gazette of the Republic
of the decisions of the Council of Ministers as in Article 57 provided;
(e) promulgation by publication in the official Gazette of the Republic
of any law or decision passed by the House of Representatives as in Article
52 provided;
(f) appointments in Articles 112, 115, 118, 124, 126, 131, 133, 153
and 184 provided; termination of appointments as in Article 118 provided
and of appointments made under Article 131;
(g) institution of compulsory military service as in Article 129 provided;
(h) reduction or increase of the security forces as in Article 130
provided;
(i) exercise of the prerogative of mercy in capital cases where the
injured party and the convicted person are members of different Communities
as in Article 53 provided; remission, suspension and commutation of sentences
as in Article 53 provided;
(j) right of reference to the Supreme Constitutional Court as in Article
140 provided;
(k) publication in the official Gazette of the Republic of decisions
of the Supreme Constitutional Court as in Articles 137, 138, 139 and 143
provided;
(1) replacement by a system of rotation of the system of appointment
of a Turkish Minister to one of the three Ministries of Foreign Affairs
or of Defence or of Finance as in Article 46 provided;
(m) exercise of any of the powers specified in paragraphs (d), (e),
(f) and (g) of Articles 48 and 49 and in Articles 50 and 51 which the President
or the VicePresident of the Republic respectively can exercise separately;
(n) address of messages to the House of Representatives as in Article
79 provided. ARTICLE 48
The executive power exercised by the President of the Republic consists
of the following matters, that is to say:-
(a) designation and termination of appointment of Greek Ministers;
(b) convening the meetings of the Council of Ministers as in Article
' provided, presiding at such meetings and taking part in the discussions
thereat without any right to vote;
(c) preparing the agenda of such meetings as in Article 56 provided;
(d) right of final veto on decisions of the Council of Ministers concerning
foreign affairs, defence or security as in Article 57 provided;
(e) right of return of decisions of the Council of Ministers as in Article
' provided;
(f) right of final veto on laws or decisions of the House of Representatives
concerning foreign affairs, defence or security as in Article 50 provide
(g) right of return of laws or decisions of the House of Representatives
of the Budget as in Article 51 provided;
(h) right of recourse to the Supreme Constitutional Court as in Article
137, 138 and 143 provided;
(i) right of reference to the Supreme Constitutional Court as in Article
141 provided;
(j) publication of the communal laws and decisions of the Greek Communal
Chamber as in Article 104 provided;
(k) right of reference to the Supreme Constitutional Court of any law
decision of the Greek Communal Chamber as in Article 142 provide
(l) right of recourse to the Supreme Constitutional Court in connection
with any matter relating to any conflict or contest of power or competence
arising between the House of Representatives and the Communal Chambers
or any of them and between any organs of, or authorities in, the Republic
as in Article 139 provided;
(m) the prerogative of mercy in capital cases as in Article 53 provided;
(n) the exercise of any of the powers specified in Article 47 conjointly
with the VicePresident of the Republic;
(o) addressing messages to the House of Representatives as in Article
' provided. ARTICLE 49
The executive power exercised by the VicePresident of the Republic consists
of the following matters, that is to say:-
(a) designation and termination of appointment of Turkish Ministers;
(b) asking the President of the Republic for the convening of the Council
of Ministers as in Article 55 provided and being present and taking part
in the discussions at all meetings of the Council of Ministers without
any right to vote;
(c) proposing to the President of the Republic subjects for inclusion
in the agenda as in Article 56 provided;
(d) right of final veto on decisions of the Council of Ministers concerning
foreign affairs, defence or security as in Article 57 provided;
(e) right of return of decisions of the Council of Ministers as in Article
57 provided;
(f) right of final veto on laws or decisions of the House of Representatives
concerning foreign affairs, defence or security as in, Article 50 provided;
(g) right of return of laws or decisions of the House of Representatives
or of the Budget as in Article 51 provided;
(h) right of recourse to the Supreme Constitutional Court as in Articles
137, 138 and 143 provided;
right of reference to the Supreme Constitutional Court as in Article
141 provided;
(j) publication of the communal laws and decisions of the Turkish Communal
Chamber as in Article 104 provided;
(k) right of reference to the Supreme Constitutional Court of any law
or decision of the Turkish Communal Chamber as in Article 142 provided;
(l) right of recourse to the Supreme Constitutional Court in connection
with any matter relating to any conflict or contest of power or competence
arising between the House of Representatives and the Communal Chambers
or any of them and between any organs of, or authorities in, the Republic
as in Article 139 provided;
(m) the prerogative of mercy in capital cases as in Article 53 provided;
(n) the exercise of any of the powers specified in Article 47 conjointly
with the President of the Republic;
(o) addressing messages to the House of Representatives as in Article
79 provided. ARTICLE 50
1. The President and the VicePresident of the Republic, separately or
conjointly, shall have the right of final veto on any law or decision of
the House of Representatives or any part thereof concerning-
(a) foreign affairs, except the participation of the Republic in international
organisations and pacts of alliance in which the Kingdom of Greece and
the Republic of Turkey both participate.
For the purposes of this subparagraph " foreign affairs " includes
(i) the recognition of States, the establishment of diplomatic an consular
relations with other countries and the interruption c such relations. The
grant of acceptance to diplomat) representatives and of exequatur to consular
representative' The assignment of diplomatic representatives and of consular
representatives, already in the diplomatic service, to posts abroad and
the entrusting of functions abroad to special envoys already in the diplomatic
service. The appointment and the assignment of persons, who are not already
in the diplomatic service, to an posts abroad as diplomatic or consular
representatives and the entrusting of functions abroad to persons, who
are not already in the diplomatic service, as special envoys:
(ii) the conclusion of international treaties, conventions and agreements;
(iii) the declaration of war and the conclusion of peace;
(iv) the protection abroad of the citizens of the Republic and of their
interests;
(v) the establishment, the status and the interests of aliens in the
Republic;
(vi) the acquisition of foreign nationality by citizens of the Republic
and their acceptance of employment by, or their entering the service of,
a foreign Government;
(b) the following questions of defence:-
(i) composition and size of the armed forces and credits for them;
(ii) (nominations des cadres-diorismoi stelexwvkadrolara tayinler)
and their promotions (kai n proagwgn autwvve bunlardaki terfiler);
(iii) importation of war materials and also explosives of all kinds;
(iv) cession of bases and other facilities to allied countries;
(c) the following questions of security:-
(i) (nominations des cadres diorismoi stelexwv kadrolara tayinler)
and their promotions (kai n proagwgn autwv ve bunlardaki terfiler);
(ii) distribution and stationing of forces;
(iii) emergency measures and martial law; (iv) police laws.
It is specified that the right of veto under subparagraph (c) above
shall cover all emergency measures or decisions, but not those which concern
the normal functioning of the police and the gendarmerie.
2. The above right of veto may be exercised either against the whole
of a law or decision or against any part thereof, and in the latter case
such law or decision shall be returned to the House of Representatives
for a decision whether the remaining part thereof will be submitted, under
the relevant provisions of this Constitution, for promulgation.
ARTICLE 49
The executive power exercised by the VicePresident of the Republic consists
of the following matters, that is to say:-
(a) designation and termination of appointment of Turkish Ministers;
(b) asking the President of the Republic for the convening of the Council
of Ministers as in Article 55 provided and being present and taking part
in the discussions at all meetings of the Council of Ministers without
any right to vote;
(c) proposing to the President of the Republic subjects for inclusion
in the agenda as in Article 56 provided;
(d) right of final veto on decisions of the Council of Ministers concerning
foreign affairs, defence or security as in Article 57 provided;
(e) right of return of decisions of the Council of Ministers as in Article
57 provided;
(f) right of final veto on laws or decisions of the House of Representatives
concerning foreign affairs, defence or security as in Article SO provided;
(g) right of return of laws or decisions of the House of Representatives
or of the Budget as in Article 51 provided;
(h) right of recourse to the Supreme Constitutional Court as in Articles
137, 138 and 143 provided;
(i) right of reference to the Supreme Constitutional Court as in Article
141 provided;
(j) publication of the communal laws and decisions of the Turkish Communal
Chamber as in Article 104 provided;
(k) right of reference to the Supreme Constitutional Court of any law
or decision of the Turkish Communal Chamber as in Article 142 provided;
(1) right of recourse to the Supreme Constitutional Court in connection
with any matter relating to any conflict or contest of power or competence
arising between the House of Representatives and the Communal Chambers
or any of them and between any organs of, or authorities in, the Republic
as in Article 139 provided;
(m) the prerogative of mercy in capital cases as in Article 53 provided;
(n) the exercise of any of the powers specified in Article 47 conjointly
with the President of the Republic;
(o) addressing messages to the House of Representatives as in Article
79 provided.
ARTICLE 50
1. The President and the VicePresident of the Republic, separately
or conjointly, shall have the right of final veto on any law or decision
of the House of Representatives or any part thereof concerning-
(a) foreign affairs, except the participation of the Republic in international
organisations and pacts of alliance in which the Kingdom of Greece and
the Republic of Turkey both participate.
For the purposes of this subparagraph " foreign affairs " includes
(i) the recognition of States, the establishment of diplomatic an.
consular relations with other countries and the interruption of such relations.
The grant of acceptance to diplomat). representatives and of exequatur
to consular representatives The assignment of diplomatic representatives
and of consular representatives, already in the diplomatic service, to
posts abroad and the entrusting of functions abroad to special envoys already
in the diplomatic service. The appointment and the assignment of persons,
who are not already in the diplomatic service, to an, posts abroad as diplomatic
or consular representatives and the entrusting of functions abroad to persons,
who are not already in the diplomatic service, as special envoys;
(ii) the conclusion of international treaties, conventions and agreements;
(iii) the declaration of war and the conclusion of peace;
(iv) the protection abroad of the citizens of the Republic and of their
interests;
(v) the establishment, the status and the interests of aliens in the
Republic;
(vi) the acquisition of foreign nationality by citizens of the Republic
and their acceptance of employment by, or their entering the service of,
a foreign Government;
(b) the following questions of defence:-
(i) composition and size of the armed forces and credits for them,
(ii) (nominations des cadres-diorismoi stelexwv kadrolara
tayinler) and their promotions (kai n proagwgn autwv ve bunlardaki
terfiler):);
(iii) importation of war materials and also explosives of all kinds;
(iv) cession of bases and other facilities to allied countries;
(c) the following questions of security:-
(i) (nominations des cadres diorismoi stelexwvkadrolara tayinler))
and their promotions (kai n proagwgn autwv ve bunlardaki terfiler);
(ii) distribution and stationing of forces;
(iii) emergency measures and martial law;
(iv) police laws.
It is specified that the right of veto under subparagraph (c) above
shall cover all emergency measures or decisions, but not those which concern
the normal functioning of the police and the gendarmerie.
2. The above right of veto may be exercised either against the whole
of a law or decision or against any part thereof, and in the latter case
such law or decision shall be returned to the House of Representatives
for a decision whether the remaining part thereof will be submitted, under
the relevant provisions of this Constitution, for promulgation.
3. The right of veto under this Article shall be exercised within the
period for the promulgation of laws or decisions of the House of Representatives
as in Article 52 provided.
ARTICLE 51
1. The President and the VicePresident of the Republic shall have the
right, either separately or conjointly, to return any law or decision or
any part thereof of the House of Representatives to the House for reconsideration.
2. On the adoption of the Budget by the House of Representatives the
President and the VicePresident of the Republic, either separately or
conjointly, may exercise his or their right to return it to the House of
Representatives on the ground that in his or their judgment there is a
discrimination.
3. In case a law or decision or any part thereof is returned to the
House of Representatives as in paragraph 1 of this Article provided, the
House of Representatives shall pronounce on the matter so returned within
fifteen days of such return and in the case of return of the Budget as
in paragraph 2 of this Article provided the House of Representatives shall
pronounce on the matter so returned within thirty days of such return.
4. If the House of Representatives persists in its decision the President
and the VicePresident of the Republic shall, subject to the provisions
of this Constitution, promulgate the law or decision or the Budget, as
the case may be, within the time limit fixed for the promulgation of laws
and decisions of the House of Representatives by publication of such law
or decision or Budget in the official Gazette of the Republic.
5. Whenever the President or the VicePresident of the Republic exercises
his right to return as provided in this Article he shall immediately notify
the other of such return.
6. The right of return under this Article shall be exercised within
the period for the promulgation of laws or decisions of the House of Representatives
as in Article 52 provided.
ARTICLE 52
The President and the VicePresident of the Republic shall, within fifteen
days of the transmission to their respective offices of any law or decision
of the House of Representatives, promulgate by publication in the official
Gazette of the Republic such law or decision unless in the meantime they
exercise, separately or conjointly, as the case may be, their right of
veto as in Article 50 provided or their right of return as in Article 51
provided or their right of reference to the Supreme Constitutional Court
as in Articles 140 and 141 provided or in the case of the Budget their
right of recourse to the Supreme Constitutional Court as in Article 138
provided.
ARTICLE 53
1. The President or the VicePresident of the Republic shall have the
right to exercise the prerogative of mercy with regard to persons belonging
to their respective Community who are condemned to death.
2. Where the person injured (blabev proswpovzarar goren kimse- magdur))
and the offender are members of different Communities such prerogative
of mercy shall be exercised by agreement between the President and the
VicePresident of the Republic; in the event of disagreement between the
two the vote for clemency shall prevail.
3. In case the prerogative of mercy is exercised under paragraph I or
2 of this Article the death sentence shall be commuted to life imprisonment.
4. The President and the VicePresident of the Republic shall, on the
unanimous recommendation of the AttorneyGeneral and the Deputy AttorneyGeneral
of the Republic, remit, suspend, or commute any sentence passed by a court
in the Republic in all other cases.
ARTICLE 54
Subject to the executive power expressly reserved, under Articles 47,
48 and 49, to the President and the VicePresident of the Republic, acting
either
separately or conjointly, the Council of Ministers shall exercise executive
power in all other matters other than those which, under the express provisions
of this Constitution, are within the competence of a Communal Chamber,
including the following:-
(a) the general direction and control of the government of the Republic
and the direction of general policy;
(b) foreign affairs as in Article 50 set out;
(c) defence and security, including questions thereof as in Article
50 set out;
(d) the coordination and supervision of all public services;
(e) the supervision and disposition of property belonging to the Republic
in accordance with the provisions of this Constitution and the law;
(f) consideration of Bills to be introduced to the House of Representatives
by a Minister;
(g) making of any order or regulation for the carrying into effect of
any law as provided by such law;
(h) consideration of the Budget of the Republic to be introduced to
the House of Representatives. ARTICLE 55
The President of the Republic convenes the meetings of the Council of
Ministers. Such convening is made by the President of the Republic on his
own motion or on being asked by the VicePresident of the Republic in due
time for a specific subject.
ARTICLE 56
The agenda of any meeting of the Council of Ministers is prepared by
the President of the Republic at his discretion and is communicated to
all concerned prior to such meeting. The VicePresident of the Republic
may
propose to the President any subject for inclusion in the agenda of
any meeting. The President of the Republic shall include such subject in
the agenda if it can conveniently be dealt with at such meeting, otherwise
such subject shall be included in the agenda of the meeting next following.
ARTICLE 57
1. On a decision being taken by the Council of Ministers such decision
shall be transmitted forthwith to the office of the President and of the
VicePresident of the Republic respectively.
2. The President or the VicePresident of the Republic or both shall
have the right of return, within four days of the date when the decision
has been transmitted to their respective offices, of such decision to the
Council of Ministers for reconsideration, whereupon the Council of Ministers
shall reconsider the matter and if they persist in such decision the President
and the VicePresident of the Republic shall, subject to paragraph 4 of
this Article, promulgate by publication such decision:
Provided that the exercise of the right of return shall not, in cases
where the right of veto exists, prevent either the President or the VicePresident
of the Republic or both from exercising the right of veto, within four
days of the transmission to their respective offices, of the decision persisted
upon.
3. If a decision relates to foreign affairs, defence or security as
in Article 50 set out, the President or the VicePresident of the Republic
or both shall have a right of veto which they shall exercise within four
days of the date when the decision has been transmitted to their respective
offices.
4. If the decision is enforceable and no right of veto or return has
been exercised as in paragraph 2 or 3 of this Article provided, such decision
shall be forthwith promulgated by the President and the VicePresident
of the Republic 'by publication in the official Gazette of the Republic
unless the Council of Ministers otherwise states in that decision.
ARTICLE 58
1. A Minister is the Head of his Ministry.
2. Subject to the executive power expressly reserved, under this Constitution,
to the President and the VicePresident of the Republic, acting either
separately or conjointly, and to the Council of Ministers, the executive
power exercised by each Minister includes the following matters:-
(a) the execution of laws relating to, and the administration of all
matters and affairs usually falling within, the domain of his Ministry;
(b) preparation of orders or regulations concerning his Ministry for
submission to the Council of Ministers;
(c) the issuing of directions and general instructions for the carrying
out of the provisions of any law relating to his Ministry and of any order
or regulation under such law;
(d) the preparation for submission to the Council of Ministers of the
part of the Budget of the Republic relating to his Ministry. ARTICLE 59
1. No person shall be appointed as a Minister unless he is a citizen
of the Republic and has the qualifications required for a candidate for
election as a member of the House of Representatives.
2. The office of a Minister shall be incompatible with that of a Representative
or of a member of a Communal Chamber or of a member of any municipal council
including a Mayor or of a member of the armed or security forces of the
Republic or with a public or municipal office or in the case of a Turkish
Minister with that of a religious functionary (din Adami).
For the purposes of this paragraph " public office " has the same meaning
as in Article 41.
3. The Ministers shall hold office in the case of the Greek Ministers
until their appointment is terminated by the President of the Republic
and in the case of the Turkish Ministers until their appointment is terminated
by the VicePresident of the Republic.
4. Any person appointed as a Minister shall, before entering upon his
office, make before the President and the VicePresident of the Republic
the following affirmation:-
" I do solemnly affirm faith to, and respect for, the Constitution and
the laws made thereunder, the preservation of the independence and the
erritorial integrity, of the Republic of Cyprus."
ARTICLE 60
1. There shall be a Joint Secretariat of the Council of Ministers headed
by two Secretaries, one belonging to the Greek Community and the other
belonging to the Turkish Community, who shall be public officers.
2. The two Secretaries of the Joint Secretariat of the Council of Ministers
shall have charge of the Council of Ministers' Office and shall, in accordance
with any instructions as may be given to them by the Council of Ministers,
attend its meetings and keep the minutes thereof and convey the decision
of the Council of Ministers to the appropriate organ or authority or person.
PART IV.-THE HOUSE OF REPRESENTATIVES ARTICLE 61
The legislative power of the Republic shall be exercised by the House
of Representatives in all matters except those expressly reserved to the
Communal Chambers under this Constitution.
ARTICLE 62
1. The number of Representatives shall be fifty:
Provided that such number may be altered by a resolution of the House
of Representatives carried by a majority comprising twothirds of the
Representatives elected by the Greek Community and twothirds of the
Representatives elected by the Turkish Community.
2. Out of the number of Representatives provided in paragraph 1 of this
Article seventy per centum shall be elected by the Greek Community and
thirty per centum by the Turkish Community separately from amongst their
members respectively, and in the case of a contested election, by universal
suffrage and by direct and secret ballot held on the same day.
The proportion of Representatives stated in this paragraph shall be
independent of any statistical data.
ARTICLE 63
1. Subject to paragraph 2 of this Article every citizen of the Republic
who has attained the age of twentyone years and has such residential qualifications
as may be prescribed by the Electoral Law shall have the right to be registered
as an elector in either the Greek or the Turkish electoral list:
Provided that the members of the Greek Community shall only be registered
in the Greek electoral list and the members of the Turkish Community shall
only be registered in the Turkish electoral list.
2. No person shall be qualified to be registered as an elector who is
disqualified for such registration by virtue of the Electoral Law.
ARTICLE 64
A person shall be qualified to be a candidate for election as a Representative
if at the time of the election that person-
(a) is a citizen of the Republic;
(b) has attained the age of twentyfive years;
(c) has not been, on or after the date of the coming into operation
of this Constitution, convicted of an offence involving dishonesty or moral
turpitude or is not under any disqualification imposed by a competent court
for any electoral offence;
(d) is not suffering from a mental disease incapacitating such person
from acting as a Representative.
ARTICLE 65
1. The term of office of the House of Representatives shall be for a
period of five years.
The term of office of the first House of Representatives shall commence
on the date of the coming into operation of this Constitution.
2. The outgoing House shall continue in office until the newlyelected
House assumes office under paragraph I of this Article.
ARTICLE 66
1. A general election for the House of Representatives shall be held
on the second Sunday of the month immediately preceding the month in which
the term of office of the outgoing House expires.
2. When a vacancy occurs in the seat of a Representative such vacancy
shall be filled by a byelection to be held within a period not exceeding
fortyfive days of the occurrence of such vacancy on a date to be fixed
by the House of Representatives.
3. If an election under paragraph 1 or 2 of this Article cannot take
place on the date fixed by or under this Constitution owing to extraordinary
and unforeseen circumstances such as earthquake, floods, general epidemic
and the like, then such election shall take place on the corresponding
day of the week next following.
ARTICLE 67
1. The House of Representatives may dissolve itself only by its own
decision carried by an absolute majority including at least one third of
the Representatives elected by the Turkish Community.
2. Any such decision shall, notwithstanding anything contained in paragraph
1 of Article 65 and paragraph I of Article 66, provide for the date of
the holding of the general election, which shall not be less than thirty
days and not more than forty days from the date of such decision, and also
for the date of the first meeting of the newly elected House which shall
not be later than fifteen days after such general election and until such
date the outgoing House shall continue to be in office.
3. Notwithstanding anything in paragraph I of Article 65 contained,
the term of office of the House of Representatives to be elected after
dissolution shall be for the unexpired period of the term of office of
the dissolved House. IQ case of dissolution within the last year of the
five years' term of office, a general election for the House of Representatives
shall take place both for the unexpired part of the term of office of the
dissolved House, during which any session of the newly elected House shall
be considered to be an extraordinary session, and for the subsequent five
years' term of office.
ARTICLE 68
Whenever a House of Representatives continues to be in office until
the assumption of office by a newly elected House under either paragraph
2 of Article 65 or paragraph 2 of Article 67, such House shall not have
power to make any laws or to take any decisions on any matter except only
in case of urgent and exceptional unforeseen circumstances to be specifically
stated in the relevant law or decision.
ARTICLE 69
A Representative before assuming duties as such in the House of Representatives
and at a public meeting thereof shall make the following affirmation:-
" l do solemnly affirm faith to, and respect for, the Constitution
and the laws made thereunder, the preservation of the independence and
the territorial integrity, of the Republic of Cyprus"
ARTICLE 70
The office of a Representative shall be incompatible with that of a
Minister or of a member of a Communal Chamber or of a member of any municipal
council including a Mayor or of a member of the armed or security forces
of the Republic or with a public or municipal office or, in the case of
a Representative elected by the Turkish Community, of a religious functionary
(din Adami).
For the purposes of this Article " public office " means any office
of profit in the service of the Republic or of a Communal Chamber the emoluments
of which are under the control either of the Republic or of a Communal
Chamber, and includes any office in any public corporation or public utility
body.
ARTICLE 71
The seat of a Representative shall become vacant-
(a) upon his death;
(b) upon his written resignation;
(c) upon the occurrence of any of the circumstances referred to in paragraph
(c) or (d) of Article 64 or if he ceases to be a citizen of the Republic;
(d) upon his becoming the holder of an office mentioned in Article 70. ARTICLE 72
1. The President of the House of Representatives shall be a Greek, and
shall be elected by the Representatives elected by the Greek Community,
and the VicePresident shall be a Turk and shall be elected by the Representatives
elected by the Turkish Community. Each shall be elected separately as above
at the same meeting at the beginning and for the whole period of the term
of office of the House of Representatives.
2. In case of any vacancy in either of the offices provided in paragraph
1 of this Article, an election as provided in such paragraph shall take
place with all due speed and at an extraordinary session if necessary in
order to fill such vacancy.
3. In case of temporary absence or pending the filling of a vacancy
as provided in paragraph 2 of this Article in either of the offices of
the President or the VicePresident of the House, their functions shall
be performed by the eldest Representative of the respective Community unless
the Representatives of such Community should otherwise decide.
4. In addition to the President and the VicePresident of the House
there shall be appointed from amongst the Representatives and by the President
and the VicePresident of the House respectively two Greek and one Turkish
Clerks of the House and two Greek and one Turkish Administrative Clerks
of the House who shall be attached respectively to the office of the President
and the VicePresident of the House.
ARTICLE 73
1. Subject to the ensuing provisions of this Article, the House of Representatives
by its Standing Orders regulates any matter of parliamentary procedure
and of functions of its offices.
2. There shall be a Committee to be known as the Committee of Selection
consisting of the President of the House as Chairman, the VicePresident
of the House as ViceChairman and eight other members elected by the House
of Representatives at its meeting after the election of the President and
the VicePresident of the House, six from amongst the Representatives elected
by the Greek Community and two from amongst the Representatives elected
by the Turkish Community.
3. The Committee of Selection shall set up the Standing Committees and
any other temporary, ad hoc or special Committee of the House of Representatives
and shall appoint Representatives to be members thereof and in so doing
due regard should be had to the proposals made by the Greek and the Turkish
Communal groups or political party groups in the House for such setting
up and appointments. The appointments to such Committees shall be subject
to the provisions of the paragraph next Јfollowing.
4. The Greek and the Turkish Communal groups and political party groups
in the House of Representatives shall be adequately represented on each
of the Standing, and of any other temporary, ad hoc or special, Committee
of the House:
Provided that the total number of the seats on such Committees distributed
respectively to the Representatives elected by the Greek and the Turkish
Communities shall be in the same proportion as that in which the seats
in the House are distributed to the Representatives elected by the Greek
and the Turkish Communities respectively.
5. Every Bill on being introduced in the House of Representatives shall
be referred for debate in the first instance before the appropriate Committee.
With the exception of those which are considered to be of an urgent
nature, no Bill shall be debated by a Committee before the lapse of fortyeight
hours after its being distributed to the Representatives constituting such
a Committee.
With the exception of those which are considered to be of an urgent
nature, no Bill which has passed the Committee stage shall be debated in
the House of Representatives before the lapse of fortyeight hours after
it has been distributed to the Representatives together with the report
of the Committee.
6. The agenda of the meetings of the House of Representatives, which
shall include any additional subject proposed by the VicePresident of
the House, shall be drawn up and presented to the House of Representatives
by the President of the House.
After the presentation of the agenda to the House of Representatives,
any Representative may move any addition or amendment to such agenda, and
such motion shall be decided upon by the House of Representatives.
7. No Representative can speak at any meeting of the House of Representatives
unless he registers his name in the proper Register or unless he obtains
the permission of the person presiding at such meeting.
Every Representative who has complied with such formality is entitled
to be given reasonably sufficient time, having regard to the particular
subject, to speak and to be heard at the relevant meeting.
The speeches shall be made in order of the registration or of oral request,
as the case may be, of those who desire to speak:
Provided that where there are opposite views held, a speaker shall,
as far as practicable, follow another one who supports the opposite view.
But Representatives speaking on behalf of the Committees or of the political
party groups of the House of Representatives shall not be subject to such
order of precedence.
Representatives desiring to speak in connexion with motions with regard
to any matter relating to the agenda, the application of the Standing Orders
or the closure of the debate shall be given precedence in time over the
Representatives desiring to speak in connexion with the subject of the
debate. and in such a case two Representatives, one in favour and one against
the motion, shall be allowed fifteen minutes each for their respective
speeches.
8. All speeches in the House of Representatives shall be made from the
rostrum of the House and addressed to the House of Representatives. All'
speeches and other proceedings in the House arid at all the Committee meetings
shall, simultaneously as they are being made or taking place, be translated
from the official language in which they are being made or taking place
into the other official language.
9. Save as otherwise provided in the Standing Orders, interruptions
of the speech of a Representative or personal attacks against any Representative
unconnected with the subject under debate, both in the House and at the
Committee meetings, are prohibited.
10. The votes in the House of Representatives shall be jointly counted
and recorded by one Greek and the Turkish Clerk of the House.
11. The minutes of the debates in the House of Representatives shall
comprise all proceedings fully.
The minutes of the proceedings of the Committees shall be kept in a
summary form. Upon objection to the minutes of a meeting of the House of
Representatives through the oral submission of a Representative at the
first following meeting or by a written objection sent to the President
of the relevant meeting, the House of Representatives may decide to correct
such minutes accordingly.
12. Any political party which is represented at least by twelve per
centum of the total number of the Representatives in the House of Representatives
can form and shall be entitled to be recognised as a political party group.
1. The House of Representatives shall meet on the fifteenth day next
following a general election and thereafter in each year on the corresponding
day in such year without summons for its ordinary session.
2. The ordinary session of the House of Representatives shall last for
a period of three to six months in each year, as the House of Representatives
may determine.
3. The House of Representatives shall be summoned to an extraordinary
session by the President or the VicePresident of the House on the request
of ten Representatives addressed to both the President and the VicePresident
of the House. ARTICLE 75
1. The meetings of the House of Representatives shall be open to the
public and the minutes of its debates shall be published.
2. The House of Representatives may, if it thinks necessary, hold secret
sessions on a resolution carried by a threequarters majority vote of the
total number of Representatives.
ARTICLE 76
1. The President of the House shall declare the commencement and the
end of every meeting.
2. The President of the House in declaring the end of a meeting shall
at the same time announce the date and time fixed, with the consent of
the House of Representatives, of the meeting next following and shall present
to the House of Representatives the agenda of such meeting and thereupon
the provisions of paragraph 6 of Article 73 shall apply.
3. Any agenda shall be printed and distributed to the Representatives
at least twentyfour hours prior to the meeting. but if such agenda relates
to the topic already under debate such distribution may be made at any
time prior to the meeting.
ARTICLE 77
1. The quorum of the House of Representatives shall consist of at least
onethird of the total number of its members.
2. The debate relating to any particular topic shall be adjourned once
for twentyfour hours at the request of the majority of the Representatives
of either Community who are present at a meeting.
ARTICLE 78
1. The laws and the decisions of the House of Representatives shall
be passed by a simple majority vote of the Representatives present and
voting.
2. Any modification of the Electoral Law and the adoption of any law
relating to the municipalities and of any law imposing duties or taxes
shall require a separate simple majority of the Representatives elected
by the Greek and the Turkish Communities respectively taking part in the
vote.
1. The President or the VicePresident of the Republic may address
the House of Representatives by message, or transmit to the House of Representatives
their views through the Ministers.
2. The Ministers may follow the proceedings of the House of Representatives
or any Committee thereof, and make a statement to, or inform, the House
of Representatives or any Committee thereof, on any subject within their
competence.
ARTICLE 80
1. The right to introduce Bills belongs to the Representatives and to
1 Ministers.
2. No Bill relating to an increase in budgetary expenditure can I introduced
by any Representative.
ARTICLE 81
1. The Budget is introduced to the House of Representatives at least
three months before the day fixed by law for the commencement of the financial
year and is voted by it not later than the day so fixed.
2. Within three months from the end of the financial year the final
accounts shall be submitted to the House of Representatives for approval.
ARTICLE 82
A law or decision of the House of Representatives shall come into operation
on its publication in the official Gazette of the Republic unless another
date is provided by such law or decision.
ARTICLE 83
1. Representatives shall not be liable to civil or criminal proceedings
in respect of any statement made or vote given by them in the House of
Representatives.
2. A Representative cannot, without the leave of the High Court, be
prosecuted, arrested or imprisoned so long as he continues to be a Representative.
Such leave is not required in the case of an offence punishable with death
or imprisonment for five years or more in case the offender is taken in
the act. In such a case the High Court being notified forthwith by the
competent authority decides whether it should grant or refuse leave for
the continuation of the prosecution or detention so long as he continues
to be a Representative.
3. If the High Court refuses to grant leave for the prosecution of a
Representative, the period during which the Representative cannot thus
be prosecuted shall not be reckoned for the purposes of any period of prescription
for the offence in question.
4. If the High Court refuses to grant leave for the enforcement of a
sentence of imprisonment imposed on a Representative by a competent court,
the enforcement of such sentence shall be postponed until he ceases to
be a Representative.
ARTICLE 84
by law.
1. Representatives receive from the Public Revenue remuneration defined
2. Any increase of such remuneration shall not become operative during
the term of office of the House of Representatives in which such increase
has been made.
ARTICLE 85
Any question with regard to the qualifications of candidates for election
and election petitions shall be finally adjudicated by the Supreme Constitutional
Court.
PART V.-THE COMMUNAL CHAMBERS ARTICLE 86
The Greek and the Turkish Communities respectively shall elect from amongst
their own members a Communal Chamber which shall have the competence expressly
reserved for it under the provisions of this Constitution.
ARTICLE 87
1. The Communal Chambers shall, in relation to their respective Community,
have competence to exercise within the limits of this Constitution and
subject to paragraph 3 of this Article, legislative power solely with regard
to the following matters:-
(a) all religious matters;
(b) all educational, cultural and teaching matters;
(c) personal status;
(d) the composition and instances (ba8mous dikaiodosiasdereceleri)
of courts dealing with civil disputes relating to personal status and to
religious matters;
(e) in matters where the interests and institutions are of purely communal
nature such as charitable and sporting foundations, bodies and associations
created for the purpose of promoting the wellbeing of their respective
Community;
(f) imposition of personal taxes and fees on members of their respective
Community in order to provide for their respective needs and for the needs
of bodies and institutions under their control as in Article 88 provided;
(g) in matters where subsidiary legislation in the form of regulations
or byelaws within the framework of the laws relating to municipalities
will be necessary to enable a Communal Chamber to promote the aims pursued
by municipalities composed solely of members of its respective Community;
(h) in matters relating to the exercise of the authority of control
of producers' and consumers' cooperatives and credit establishments and
of supervision in their functions of municipalities consisting solely of
their respective Community, vested in them by this Constitution:
Provided that-
(i) any communal law, regulation, byelaw or decision made or taken
by a Communal Chamber under this subparagraph (h) shall directly or indirectly
be contrary to or inconsistent with any by which producers' and consumers'
cooperatives and credit establishments are governed or to which the municipalities
subject,
(ii) nothing in paragraph (i) of this proviso contained shall construed
as enabling the House of Representatives to legislate on any matter relating
to the exercise of the authority vested i Communal Chamber under this subparagraph
(h):
(i) in such other matters as are expressly provided by this Constitution.
2. Nothing in subparagraph (f) of paragraph 1 of this Article contained
shall be construed as in any way curtailing the power of the House of Representatives
to impose, in accordance with the provisions of this Constitution, any
personal taxes.
3. Any law or decision of a Communal Chamber made or taken in exercise
of the power vested in it under paragraph 1 of this Article shall not in
any way contain anything contrary to the interests of the security of the
Republic or the constitutional order or the public safety or the public
order or the public health or the public morals or which is against the
fundamental rights and liberties guaranteed by this Constitution to any
person.
ARTICLE 88
1. The power of imposing taxes under subparagraph (f) of paragraph 1 of
Article 87 of a Communal Chamber shall be exercised for the purposes of
meeting the part of its expenditure provided in its budget in each financial
year which is not met by the payment made to such Communal Chamber in respect
of such financial year by the Republic out of its Budget as provided in
paragraph 2 of this Article or by any other revenue which such Chamber
may have in that financial year.
2. The House of Representatives shall, in respect of each financial
year, provide in the Budget and make available for payment to both Communal
Chambers in respect of their respective financial year for the purposes
of their respective needs relating to matters within their respective competence
an amount not less than two million pounds to be allocated to the Greek
and the Turkish Communal Chambers as follows:-
(a) to the Greek Communal Chamber an amount not less than the sum of
one million and six hundred thousand pounds; and
(b) to the Turkish Communal Chamber an amount not less than the sum
of four hundred thousand pounds:
Provided that in the case of the increase of the minimum total amount payable
to both Communal Chambers the allocation to each of the Communal Chambers
of such increased amount shall be made in such manner as the House of Representatives
may decide.
3. If a Communal Chamber so requests the taxes imposed by it shall be
collected on its behalf and paid to such a Communal Chamber by the authorities
of the Republic.
4. For the purposes of this Article and of subparagraph (f) of paragraph
1 of Article 87 " member" includes corporate and unincorporate bodies to
the extent of the interest held in such bodies by such members.
ARTICLE 89
1. The Communal Chambers shall, in relation to their respect) Community,
also have competence-
(a) (i) to direct policy (" determiner les principes directeurs ")
within their communal laws;
(ii) to exercise administrative powers in the manner and through such
persons as may be provided by a communal law, with respect to any matter
on which they are competent to exercise legislative power under the provisions
of Article 87 other than those provided in subparagraphs (g) and (h) of
paragraph 1 of such Article for which specific provision is made in the
ensuing subparagraphs;
(b) to exercise control on producers' and consumers' cooperatives a
credit establishments created for the purpose of promoting 1 wellbeing
of their respective Community and which will be govern by the laws;
(c) to promote the aims pursued by municipalities composed solely members
of their respective Community and to supervise in their functions such
municipalities to which the laws shall apply.
_. Nothing in subparagraph (e) of paragraph 1 of Article 87 and in
subparagraph (b) of paragraph 1 of this Article contained shall be construed
as precluding the creation of mixed and common institutions of the nature
therein provided if the inhabitants so desire.
3. In the case where the central administration shall, on its part, proceed
to control the institutions, establishments or municipalities mentioned
in subparagraphs (b) and (c) of paragraph 1 of this Article by virtue
of legislation in force, such control shall be carried out through public
officers belonging to the same Community as that to which the institution,
establishment or municipality in question belongs.
ARTICLE 90
1. Subject to the ensuing provisions of this Article each Communal Chamber
shall have power by or in its own communal laws to provide for the application
(efarmogntatbik) of its laws and decisions.
2. A Communal Chamber shall have no power to provide in any of its laws
or decisions for imprisonment or detention for any violation thereof or
failure to comply with any directions given by a Communal Chamber in exercise
of any power vested in it under this Constitution.
3. The Communal Chambers shall have no competence to use measures of
constraint (avagkastika metra cebir) to secure compliance with their respective
communal laws or decisions and of the judgments of the Courts dealing with
civil disputes relating to personal status and to religious matters within
their respective competence.
4. Where it becomes necessary to use measures of constraint in compelling
compliance with any law or decision of a Communal Chamber or with any matter
connected with the exercise of the authority of control or supervision
by a Communal Chamber such measures of constraint shall, on the application
by or on behalf of the Communal Chamber, be applied by the public authorities
of the Republic which shall have exclusive competence to apply such measures
of constraint.
5. The execution of any judgment or order of a court in connexion with
any matter within the exclusive competence of a Communal Chamber shall
be carried out through the public authorities of the Republic.
ARTICLE 91
1. Each Communal Chamber shall once yearly prepare and adopt a budget of
its revenue and expenditure for the ensuing financial year.
2. Such budget shall be voted by the Communal Chamber not later than
the day fixed by a communal law for the commencement of the communal financial
year.
ARTICLE 92
The number of the members of each Communal Chamber shall be
determined by a communal law carried by a twothirds majority of the
total number of the members of the Communal Chamber concerned.
ARTICLE 93
The elections for both the Communal Chambers shall be by universal suffrage
and by direct and secret ballot.
ARTICLE 94
1. Subject to paragraph 2 of this Article every citizen of the Republic
who has attained the age of twentyone years and has such residential qualifications
as may be prescribed by the respective communal electoral law
shall have the right to be registered as an elector in the respective
communal electoral list:
Provided that the members of the Greek Community shall only be registered
in the Greek communal electoral list and the members of the Turkish Community
shall onlybe registered in the Turkish communal electoral list.
2. No person shall be qualified to be registered as an elector who is
disqualified for such registration by virtue of the respective communal
electoral law.
ARTICLE 95
A person shall be qualified to be a candidate for election as a member
of a Communal Chamber if at the time of the election that person-
(a) is a citizen of the Republic and is registered in the respective
communal electoral list;
(b) has attained the age of twentyfive years,
(c) has not been, on or after the date of the coming into operation
of this Constitution, convicted of an oflence involving dishonesty or moral
turpitude or is not under any disqualification imposed by a competent court
for an electoral offence,
(d) is not suffering from a mental disease incapacitating such person
from acting as a member of a Communal Chamber. ARTICLE 96
1. The term of office of the Communal Chambers shall be for a period of
five years commencing on such date as a communal law respectively shall
appoint.
2. The outgoing Communal Chambers shall continue in office until the
newly elected Communal Chambers assume office under paragraph 1 of this
Article.
ARTICLE 97
1. A communal general election for a Communal Chamber shall be held at
least thirty days before the expiration of the term of office of the outgoing
Chamber.
2. When a vacancy occurs in the seat of a member of a Communal Chamber
such vacancy shall be filled by a byelection to be held within a period
not exceeding fortyfive days of the occurrence of such vacancy.
3. If an election under paragraph 1 or 2 of this Article cannot take
place on the date fixed by or under this Constitution owing to extraordinary
and unforeseen circumstances such as earthquake, floods, general epidemic
and the like, then such election shall take place on the corresponding
day of the week next following.
ARTICLE 98
1. Either Communal Chamber may dissolve itself only by its own decision
carried by an absolute majority.
2. Any such decision shall, notwithstanding anything contained in paragraph
1 of Article 96 and paragraph 1 of Article 97, provide for the date of
the holding of the communal general election with respect to the Communal
Chamber in question which shall not be less than thirty days and not more
than forty days from the date of such decision and also for the date of
the first meeting of the newlyelected Communal Chamber which shall not
be later than fifteen days after such communal general election and until
such date the outgoing Communal Chamber shall continue to be in office.
3. Notwithstanding anything contained in paragraph 1 of Article 96,
the term of office of the Communal Chamber to be elected after dissolution
shall be for the unexpired period of the term of office of the dissolved
Communal Chamber. In case of dissolution within the last year of the five
years' term of office of the Communal Chamber concerned a communal general
election for such Chamber shall take place for the unexpired part of the
term of office of the dissolved CommunaI Chamber and for the subsequent
five years' period of office of such Communal Chamber.
ARTICLE 99
Whenever a Communal Chamber continues to be in office until the assumption
of office by a newlyelected Communal Chamber, either under paragraph 2
of Article 96 or paragraph 2 of Article 98, it shall not have power to
make any laws or take any decisions on any matter except only in case of
urgent and exceptional unforeseen circumstances to be specifically stated
in the relevant law or decision.
ARTICLE 100
A member of a Communal Chamber before assuming duties as such in the Communal
Chamber and at a public meeting thereof shall make the following affirmation:;:-
" I do solemnly affirm faith to, and respect for, the Constitution and
the laws made thereunder, the preservation of the independence and the
territorial integrity, of the Republic of Cyprus."
ARTICLE 101
1. The office of a member of a Communal Chamber shall be incompatible with
that of a Minister or of a Representative or of a member of any municipal
council including a Mayor or of a member of the armed or security forces
of the Republic or with a public or municipal office and, in the case of
that of a member of the Turkish Communal Chamber, with that of a religions
functionary (din adami).
2. For the purposes of this Article " public office " means any office
of profit in the public service of the Republic or of a Communal Chamber
the emoluments of which are under the control either of the Republic or
of a Communal Chamber and includes any office in any public corporation
or public utility body.
ARTICLE 102
The Communal Chambers shall, by Standing Orders, make rules relating
to all matters of procedure including the holding of ordinary and extraordinary
meetings, the dates and duration of such meetings, the manner of voting
and the transaction of business.
ARTICLE 103
1. The meetings of the Communal Chambers shall be open to the public
and the minutes of its debates shall be published.
2. Any Communal Chamber may, if it thinks necessary, hold secret sessions
on a resolution carried by a twothirds majority vote of the total number
of its members.
ARTICLE 104
1. The laws or decisions passed by the Greek or the Turkish Communal
Chamber shall be published in the official Gazette of the Republic immediately
after being signed by the President or the VicePresident of the Republic
respectively within fifteen days of the receipt by him of such laws or
decisions.
2. A communal law shall come into operation on its publication in the
official Gazette of the Republic unless another date is provided by such
law.
ARTICLE 105
1. The President of the Republic with regard to the Greek Communal Chamber
and the VicePresident of the Republic with regard to the Turkish Communal
Chamber may, within fifteen days of the receipt by him of any law or decision
passed by the respective Communal Chamber, return such law or decision
to such Chamber for reconsideration.
2. If the Communal Chamber concerned maintains that the law or decision
so returned to it shall stand, the President or the VicePresident of the
Republic, as the case may be, shall sign and publish such law or decision
in accordance with the provisions of the immediately preceding Article.
ARTICLE 106
1 A member of a Communal Chamber shall not be liable to civil or crim~nal
proceedings in respect of any statement made or vote given by him in the
Chamber.
2. A member of a Communal Chamber cannot without the leave of the H~gh
Court, be prosecuted, arrested or imprisoned, so long as he continues to
be a member. Such leave is not required in the case of an offence punishable
w~th death or imprisonment for five years or more in case the offender
is taken in the act. In such a case the High Court, being not)fied forthwith
by the competent authority, decides whether it should grant or refuse leave
for the continuat~on of the prosecution or detention, as the case may be,
so long as he cont~nues to be a member.
3. If the High Court refuses to grant leave for the prosecution of
a member of a Communal Chamber, the period during which such member cannot
thus be prosecuted shall not be reckoned for the purposes of any period
of prescription for the offence in question.
4. If the High Court refuses to grant leave for the enforcement of a
sentence of imprisonment imposed on a member of a Communal Chamber by a
competent court, the enforcement of such sentence shall be postponed until
he ceases to be such member.
ARTICLE 107
The seat of a member of a Communal Chamber shall become vacant-
(a) upon his death; or
(b) upon his written resignation; or
(c) upon the occurrence of any of the circumstances referred to in paragraph
(c) or (d) of Article 95, or if he ceases to be a citizen of the Republic
or if he ceases to be qualified to be registered as an elector in the respective
Communal electoral list; or
(d) upon his becoming the holder of an office mentioned in Article 101.
ARTICLE 108
1. The Greek and the Turkish Communities shall have the right to receive
subsidies from the Greek or the Turkish Government respectively for institutions
of education, culture, athletics and charity belonging to the Greek or
the Turkish Community respectively.
2. Also where either the Greek or the Turkish Community considers that
it has not the necessary number of schoolmasters, professors or clergymen
(klhrikiodin adami) for the functioning of its institutions, such Community
shall have the right to obtain and employ such personnel to the extent
strictly necessary to meet its needs as the Greek or the Turkish Government
respectively may provide.
ARTICLE 109
Each religious group which under the provisions of paragraph 3 of Article
2 has opted to belong to one of the Communities shall have the right to
be represented, by elected member or members of such group, in the Communal
Chamber of the Community to which such group has opted to belong as shall
be provided by a relevant communal law.
ARTICLE 110
1. The Autocephalous GreekOrthodox Church of Cyprus shall continue
to have the exclusive right of regulating and administering its own internal
affairs and property in accordance with the Holy Canons and its Charter
in force for the time being and the Greek Communal Chamber shall not act
inconsistently with such right.
2. The institution of Vakf and the Principles and Laws of, and relating
to, Vakfs are recognised by this Constitution.
All matters relating to or in any way affecting the institution or foundation
of Vakf or the vakfs or any vakf properties, including properties belonging
to Mosques and any other Moslem religious institution, shall be governed
solely by and under the Laws and Principles of Vakfs (ahkamul evkaf) and
the laws and regulations enacted or made by the Turkish Communal Chamber,
and no legislative, executive or other act whatsoever shall contravene
or override or interfere with such Laws or Principles of Vakfs and with
such laws and regulations of the Turkish Communal Chamber.
3. Any right with regard to religious matters possessed in accordance
with the law of the Colony of Cyprus in force immediately before the date
of the coming into operation of this Constitution by the Church of a religious
group to which the provisions of paragraph 3 of Article 2 shall apply shall
continue to be so possessed by such Church on and after the date of the
coming into operation of this Constitution.
ARTICLE 111
1. Subject to the provisions of this Constitution any matter relating
to betrothal, marriage, divorce, nullity of marriage, judicial separation
or restitution of conjugal rights or to family relations other than legitimation
by order of the court or adoption of members of the GreekOrthodox Church
or of a religious group to which the provisions of paragraph 3 of Article
2 shall apply shall, on and after the date of the coming into operation
of this Constitution, be governed by the law of the GreekOrthodox Church
or of the Church of such religious group, as the case may be, and shall
be cognizable by a tribunal of such Church and no Communal Chamber shall
act inconsistently with the provisions of such law.
2. Nothing in paragraph 1 of this Article contained shall preclude the
application of the provisions of paragraph 5 of Article 90 to the execution
of any judgment or order of any such tribunal. PART VI.-THE INDEPENDENT OFFICERS OF THE REPUBLIC CHAPTER I
The AttorneyGeneral of the Republic and the Deputy AttorneyGeneral
of the Republic
ARTICLE 112
1. The President and the VicePresident of the Republic shall appoint
jointly two persons who are qualified for appointment as a judge of the
High Court one to be the AttorneyGeneral of the Republic and the other
to be the Deputy AttorneyGeneral of the Republic:
Provided that the AttorneyGeneral and the Deputy AttorneyGeneral of
the Republic shall not belong to the same Community.
2. The AttorneyGeneral of the Republic shall be the Head and the Deputy
AttorneyGeneral of the Republic shall be the Deputy Head of the Law Office
of the Republic which shall be an independent office and shall not be under
any Ministry.
3. The AttorneyGeneral and the Deputy AttorneyGeneral of the Republic
shall have the right of audience in, and shall take precedence over any
other persons appearing before, any court:
Provided that the AttorneyGeneral of the Republic shall always take
precedence over the Deputy AttorneyGeneral of the Republic.
4. The AttorneyGeneral and the Deputy AttorneyGeneral of the Republic
shall be members of the permanent legal service of the Republic and shall
hold office under the same terms and conditions as a judge of the High
Court other than its President and shall not be removed from office except
on the like grounds and in the like manner as such judge of the High Court.
5. In all matters affecting persons belonging to the Community of the
AttorneyGeneral of the Republic or of the Deputy AttorneyGeneral of the
Republic, as the case may be, the one belonging to such Community shall
be consulted by the other before any decision is taken by the AttorneyGeneral
of the Republic:
Provided that for the prosecutions in the courts exercising criminal
jurisdiction composed of judges of one Community, the AttorneyGeneral
of the Republic or the Deputy AttorneyGeneral of the Republic, as the
case may be, belonging to that Community, shall have the effective charge
and responsibility.
ARTICLE 113
1. The AttorneyGeneral of the Republic assisted by the Deputy Attorney
General of the Republic shall be the legal adviser of the Republic and
of the President and of the VicePresident of the Republic and of the Council
of Ministers and of the Ministers and shall exercise all such other powers
and shall perform all such other functions and duties as are conferred
or imposed on him by this Constitution or by law.
2. The AttorneyGeneral of the Republic shall have power, exercisable
at his discretion in the public interest, to institute, conduct, take over
and continue or discontinue any proceedings for an offence against any
person in the Republic. Such power may be exercised by him in person or
by officers subordinate to him acting under and in accordance with his
instructions.
ARTICLE 114
1. The Deputy AttorneyGeneral of the Republic shall have such powers
and shall perform such duties as normally appertain to his office and also
shall, subject to the directions of the AttorneyGeneral of the Republic,
exercise
all the powers and perform all the functions and the duties vested in
the AttorneyGeneral of the Republic under the provisions of this Constitution
or by law.
2. The Deputy AttorneyGeneral of the Republic shall act for the AttorneyGeneral
of the Republic in case of his absence or his temporary incapacity to perform
his duties.
CHAPTER II
The AuditorGeneral and the Deputy AuditorGeneral
ARTICLE 115
1. The President and the VicePresident of the Republic shall appoint
jointly two fit and proper persons one to be the AuditorGeneral and the
other to be the Deputy AuditorGeneral:
Provided that the AuditorGeneral and the Deputy AuditorGeneral shall
not belong to the same Community.
2. The AuditorGeneral shall be the Head and the Deputy Auditor General
shall be the Deputy Head of the Audit Office of the Republic which shall
be an independent office and shall not be under any Ministry.
3. The AuditorGeneral and the Deputy AuditorGeneral shall be members
of the permanent public service of the Republic and shall not be retired
or removed from office except on the like grounds and in like manner as
a judge of the High Court.
ARTICLE 116
1. The AuditorGeneral assisted by the Deputy AuditorGeneral shall
on behalf of the Republic, control all disbursements and receipts and audit
and inspect all accounts of moneys and other assets administered, and of
liabilities incurred, by or under the authority of the Republic and for
this purpose he shall have the right of access to all books, records and
returns relating to such accounts and to places where such assets are kept.
2. The AuditorGeneral assisted by the Deputy AuditorGeneral shall
exercise all such other powers and shall perform all such other functions
and duties as are conferred or imposed on him by law.
3. The powers, functions and duties of the AuditorGeneral provided
in this Chapter may be exercised by him in person or by such subordinate
officers acting under and in accordance with his instructions.
4. The AuditorGeneral shall submit annually a report on the exercise
of his functions and duties under this Chapter to the President and the
VicePresident of the Republic who shall cause it to be laid before the
House of Representatives.
ARTICLE 1 17
1. The Deputy AuditorGeneral shall have such powers and shall perform
such functions and duties as normally appertain to his office and also
shall, subject to the directions of the AuditorGeneral, exercise all the
powers and perform all the functions and duties vested in the AuditorGeneral
under the provisions of this Constitution or by law.
2. The Deputy AuditorGeneral shall act for the AuditorGeneral in case
of his absence or his temporary incapacity to perform his duties.
CHAPTER III
The Governor and the Deputy Governor of the Issuing Bank
of the Republic
ARTICLE 118
1. The President and the VicePresident of the Republic shall appoint
jointly two fit and proper persons one to be the Governor and the other
to be the DeputyGovernor of the Issuing Bank of the Republic:
Provided that the Governor and the DeputyGovernor of the Issuing Bank
of the Republic shall not belong to the same Community.
2. The Governor of the Issuing Bank of the Republic shall be the Head
and the DeputyGovernor of the Issuing Bank shall be the Deputy Head of
the Issuing Bank of the Republic which shall not be under any Ministry.
3. The Governor and the DeputyGovernor of the Issuing Bank of the Republic
shall be either members of the permanent public service or shall be persons
appointed under such terms and conditions as laid down in the instruments
of their appointment.
4. The President and the VicePresident of the Republic acting jointly
may, at any time, terminate the appointment of either the Governor or the
DeputyGovernor of the Issuing Bank of the Republic or both as such Governor
or DeputyGovernor, as the case may be.
S. In the case of such termination the Governor or the DeputyGovernor
of the Issuing Bank of the Republic or both, as the case may be, shall,
subject to paragraph 6 of this Article, and to the provisions of this Constitution
relating to the public service of the Republic, be given other suitable
post in the permanent public service of the Republic if such Governor or
Deputy Governor was, immediately before such termination, a member of such
service.
6. Any disciplinary matter in connexion with the exercise of the functions
of the Governor and the DeputyGovernor of the Issuing Bank of the Republic
shall be within the competence of the Council established under paragraph
8 of Article 153.
ARTICLE 119
1. The Governor of the Issuing Bank of the Republic assisted by the
DeputyGovernor of the Issuing Bank of the Republic shall administer the
currency laws of the Republic and shall be in charge of the management
of the Issuing Bank of the Republic and shall exercise all other powers
and perform all other functions and duties within the domain of the issuing
Bank of the Republic.
2. The Governor of the Issuing Bank of the Republic assisted by the
DeputyGovernor of the Issuing Bank of the Republic shall exercise all
such powers and shall perform all such other functions as are conferred
or imposed on him by law.
3. The powers, functions and duties of the Governor of the Issuing Bank
or the Republic provided in this Chapter may be exercised by him in person
or by such subordinate officers acting under and in accordance with his
instructions.
4. The Governor assisted by the DeputyGovernor of the Issuing Bank
of the Republic shall, with regard to the financial policy relating to
his office. carry out the decisions of the Council of Ministers in this
respect and the provisions of any law and, with regard to the manner of
the carrying out of such policy, he shall consult and be guided by the
advice of the Minister of Finance.
5. The Governor of the Issuing Bank of the Republic shall submit half
yearly reports on the state of currency, funds and securities of the Republic
to the President and the VicePresident of the Republic who shall cause
such reports to be laid before the House of Representatives.
ARTICLE 120
1. The DeputyGovernor of the Issuing Bank of the Republic shall have
such powers and shall perform such functions and duties as normally appertain
to his office and also shall, subject to the directions of the Governor
of the Issuing Bank of the Republic, exercise all the powers and perform
all the functions and duties vested in the Governor of the Issuing Bank
of the Republic under the provisions of this Constitution or by law.
2. The DeputyGovernor of the Issuing Bank of the Republic shall act
for the Governor of the Issuing Bank of the Republic in case of his absence
or his temporary incapacity to perform his duties.
ARTICLE 121
Nothing in this Chapter contained shall be construed as precluding the
Issuing Bank of the Republic from becoming a Central Bank:
Provided that in such a case, subject to the provisions of this Chapter,
the Governor and the DeputyGovernor of the Issuing Bank of the Republic
shall be respectively the Governor and the DeputyGovernor of the Central
Bank of the Republic. PART VII.-THE PUBLIC SERVICE CHAPTER I General ARTICLE 122
For the purposes of this Chapter, unless the context otherwise requires
" public office " means an office in the public service;
" public officer " means the holder, whether substantive or temporary
c acting, of a public office;
" public service " means any service under the Republic other than service
in the army or the security forces of the Republic and includes service
under the Cyprus Broadcasting Corporation, the Cyprus Inland Telecommunications
Authority and the Electricity Authority of Cyprus and any other public
corporate or unincorporate body created in the public interest by a law
and either the funds of which are provided or guaranteed by the Republic
or, if the enterprise is carried out exclusively by such body, its administration
is carried out under the control of the Republic but does not include service
in an office the appointment to or the filling of which is, under this
Constitution, made jointly by the President and the VicePresident of the
Republic or service by workmen except those who are regularly employed
in connexion with permanent works of the Republic or any such body as aforesaid.
ARTICLE 123
1. The public service shall be composed as to seventy per centum of
Greeks and as to thirty per centum of Turks.
2. This quantitative distribution shall be applied, so far as this will
be practically possible, in all grades of the hierarchy in the public service.
3. In regions or localities where one of the two Communities is in a
majority approaching one hundred per centum the public officers posted
for, or entrusted with, duty in such regions or localities shall belong
to that Community.
ARTICLE 124
1. There shall be a Public Service Commission consisting of a Chairman
and nine other members appointed jointly by the President and the VicePresident
of the Republic.
2. Seven members of the Commission shall be Greeks and three members
shall be Turks.
3. Each member of the Commission shall be appointed for a period of
six years, but he may at any time resign his office by writing under his
hand addressed to the President and the VicePresident of the Republic.
4. The remuneration and other conditions of service of a member of the
Commission shall be provided by a law and shall not be altered to his disadvantage
after his appointment.
5. A member of the Commission shall not be removed from office except
on the like grounds and in the like manner as a judge of the High Court.
6. (1) No person shall be appointed as a member of the Commission unless
he is a citizen of the Republic, of high moral character and has the qualifications
for election as a member of the House of Representatives.
(2) No person shall be appointed as, or be, a member of the Commission
who is, or within the preceding twelve months in the case of the Chairman
or SLY months in the case of any other member, has been-
(a) a Minister;
(b) a member of the House of Representatives or of any Communal
Chamber;
(c) a public officer or a member of any of the armed forces;
(d) an officer or employee of any local authority or of a body corporate
or authority established by law for public purposes;
(e) a member of a trade union or of a body or association affiliated
to a trade union.
7. Where, during any period, a member of the Commission has been granted
leave of absence or is unable, owing to absence from the Republic, or to
any other cause, to discharge his functions as a member, the President
and the VicePresident of the Republic may jointly appoint at his place
any person who would be qualified to be appointed to exercise such functions,
during that period.
ARTICLE 125
1. Save where other express provision is made in this Constitution with
respect to any matter set out in this paragraph and subject to the provisions
of any law, it shall be the duty of the Public Service Commission to make
the allocation of public offices between the two Communities and to appoint
confirm, emplace on the permanent or pensionable establishment, promote
transfer, retire and exercise disciplinary control over, including dismissal
or removal from office of, public officers.
2. The Chairman shall convene the meetings of the Commission and shall
preside thereat:
Provided that-
(a) no meeting shall be held unless prior notice thereof has been given
to all the members;
(b) on an equality of votes the Chairman shall not have a second or
casting
3. (1) Subject to the ensuing provisions of this paragraph any decision
of the Commission shall be taken by an absolute majority vote of its members.
(2) If the question relates to an appointment or promotion to fill a
vacant or newly created post, the decision whether such post shall be filled,
under the provisions of this Constitution, by a Greek or a Turk, shall
be taken by such absolute majority vote including at least the votes of
two Turkish members of the Commission:
Provided that if such a decision cannot be taken on such majority,
the question shall be referred by the Commission to the Supreme Constitutional
Court for a decision; the decision of such Court shall be final and binding
on the Commission.
(3) Where the question relates solely to a Turk any decision of the
Commission shall be taken by such an absolute majority vote including the
votes of at least two Turkish members. Where the question relates solely
to a Greek, any decision of the Commission shall be taken by such an absolute
majority vote including the votes of at least four Greek members.
(4) Where the question relates to the selection of the Greek or the
Turk to be appointed or promoted, the decision shall, subject to subparagraph
(3) of this paragraph, be taken by an absolute majority vote:
Provided that the unanimous recommendation, of five Greek members in
the case of the selection of a Greek, or of the three Turkish members in
the case of the selection of a Turk, shall be acted upon by the Commission.
CHAPTER II
The AccountantGeneral and the Deputy AccountantGeneral
ARTICLE 126
1. The President and the VicePresident of the Republic shall appoint
jointly two fit and proper persons one to be the AccountantGeneral and
the other to be the Deputy AccountantGeneral:
Provided that the AccountantGeneral and the Deputy AccountantGeneral
shall not belong to the same Community.
2. The AccountantGeneral shall be the Head and the Deputy AccountantGeneral
shall be the Deputy Head of the Treasury.
3. The AccountantGeneral and the Deputy AccountantGeneral shall be
members of the permanent public service of the Republic.
4. The retirement and any disciplinary control, including dismissal
or removal from office, of the AccountantGeneral and the Deputy AccountantGeneral
shall be within the competence of the Public Service Commission.
ARTICLE 127
]. The AccountantGeneral assisted by the Deputy AccountantGeneral
shall manage and supervise all accounting operations in respect of all
moneys and other assets administered, and of liabilities incurred, by or
under the authority of the Republic and, subject to the provisions of this
Constitution or of any law, shall receive and make all the disbursements
of moneys of the Republic.
2. The AccountantGeneral assisted by the Deputy AccountantGeneral
shall exercise all such other powers and shall perform all such other functions
and duties as are conferred or imposed on him by law.
3. The powers, functions and duties of the AccountantGeneral provided
in this Chapter may be exercised by him in person or by such subordinate
officers acting under and in accordance with his instructions.
ARTICLE 128
1. The Deputy AccountantGeneral shall have such powers and shall perform
such functions and duties as normally appertain to his office and also
shall, subject to the directions of the AccountantGeneral, exercise all
the powers and perform all the functions and duties vested in the AccountantGeneral
under the provisions of this Constitution or by law.
2. The Deputy AccountantGeneral shall act for the AccountantGeneral
in case of his absence or his temporary incapacity to perform his duties.
PART VIII.-THE FORCES OF THE REPUBLIC ARTICLE 129
1. The Republic shall have an army of two thousand men of whom sixty
per centum shall be Greeks and forty per centum shall be Turks.
2. Compulsory military service shall not be instituted except by common
agreement of the President and the VicePresident of the Republic.
ARTICLE 130
1. The security forces of the Republic shall consist of the police and
gendarmerie and shall have a contingent of two thousand men which may be
reduced or increased by common agreement of the President and the VicePresident
of the Republic.
2. The security forces of the Republic shall be composed as to seventy
per centum of Greeks and as to thirty per centum of Turks:
Provided that for an initial period and in order not to discharge those
Turks serving in the police on the 11th February, 1959, except those serving
in the auxiliary police, the percentage of Turks may be kept up to a maximum
of forty per centum and consequently that of the Greeks may be reduced
to sixty per centum.
ARTICLE 131
1. The Heads and Deputy Heads of the army, the police and the gendarmerie
of the Republic shall be appointed jointly by the President and the VicePresident
of the Republic.
2. One of the Heads of the army, the police and the gendarmerie shall
be a Turk and where the Head of the army, the police and the gendarmerie
belongs to one Community the Deputy Head shall belong to the other Community.
ARTICLE 132
Forces which are stationed in parts of the territory of the Republic
inhabited in a proportion approaching one hundred per centum only by members
of one Community shall belong to that Community. PART IX.-THE SUPREME CONSTITUTIONAL COURT ARTICLE 133
1. (1) There shall be a Supreme Constitutional Court of the Republic
composed of a Greek, a Turk and a neutral judge. The neutral judge shall
be the President of the Court.
(2) The President and the other judges of the Supreme Constitutional
Court shall be appointed jointly by the President and the VicePresident
of the Republic:
Provided that in the case of a vacancy solely in the post of either
the Greek or the Turkish judge the proposal of the President or the VicePresident
of the Republic to whose Community the judge to be appointed shall belong
shall prevail if the President and the VicePresident of the Republic do
not agree on the appointment within a week of such proposal.
2. The seat of the Supreme Constitutional Court shall be in the capital
of the Republic.
3. The neutral judge shall not be a subject or a citizen of the Republic
or of the Kingdom of Greece or of the Republic of Turkey or of the United
Kingdom and the Colonies.
4. The Greek and the Turkish judge of the Supreme Constitutional Court
shall be a citizen of the Republic.
5. The President and the other judges of the Supreme Constitutional
Court shall be appointed from amongst lawyers of high professional and
moral standard.
6. (1) The President of the Court shall be appointed for a period of
six years.
(2) The remuneration and other conditions of service of the President
of the Court shall be laid down in the instrument of his appointment.
(3) The conditions of service of the President of the Court to be laid
down in the instrument of his appointment as provided in subparagraph
(2) of this paragraph shall include-
(a) provision for his retirement on the same grounds as those on which
the Greek or the Turkish judge may be retired under subparagraph (3) of
paragraph 7 of this Article; and
(b) provision for his dismissal on the same grounds as those on which
such Greek or Turkish judge may be dismissed under subparagraph (4) of
paragraph 7 of this Article.
7. (1) The Greek and the Turkish judge of the Court shall be permanent
members of the judicial service of the Republic and shall hold office until
they attain the age of sixtyeight.
(2) Without prejudice to any retirement pension, gratuity or any other
like benefit he may have acquired under the provisions of any law, the
Greek or the Turkish judge of the Court may at any time resign his office
by writing under his hand addressed to the President and the VicePresident
of the Republic.
(3) The Greek or the Turkish judge of the Court shall be retired on
account of such mental or physical incapacity or infirmity as would render
him incapable of discharging the duties of his office either permanently
or for such period of time as would render it impracticable for him to
continue in office. A judge so retired shall be entitled to all benefits
and emoluments provided by any law in force for the time being.
(4) The Greek or the Turkish judge of the Court may be dismissed on
the ground of misconduct.
8. (1) There shall be established a Council consisting of the President
of the High Court as Chairman and the senior in appointment Greek judge
and the Turkish judge of the High Court as members.
(2) This Council shall have exclusive competence to determine all matters
relating to-
(a) the retirement, dismissal or otherwise the termination of the appointment
of the President of the Court in accordance with the conditions of service
laid down in the instrument of his appointment;
(b) the retirement or dismissal of the Greek or the Turkish judge of
the Court on any of the grounds provided in subparagraphs (3) and (4)
of paragraph 7 of this Article.
(3) The proceedings of the Council under subparagraph (2) of this paragraph
shall be of a judicial nature and the judge concerned shall be entitled
to be heard and present his case before the Council.
(4) The decision of the Council taken by a majority shall be binding
upon the President and the VicePresident of the Republic who shall jointly
act accordingly.
9. In the case of temporary absence or incapacity of the President or
of the Greek judge or of the Turkish judge of the Court, the President
of the High Court or the senior in appointment of the two Greek judges
or the Turkish judge thereof respectively shall act in his place during
such temporary absence or incapacity.
10. No action shall be brought against the President or any other judge
of the Court for any act done or words spoken in his judicial capacity.
11. The remuneration and other conditions of service of the Greek and
the Turkish judge of the Court shall be fixed by a law.
12. The remuneration and other conditions of service of any judge of
the Court shall not be altered to his disadvantage after his appointment.
ARTICLE 134
1. The sittings of the Supreme Constitutional Court for the hearing
of all proceedings shall be public but the Court may hear any proceedings
in the presence only of the parties, if any, and the officers of the Court
if it considers that such a course will be in the interest of the orderly
conduct of the proceedings or if the security of the Republic or public
morals so require.
2. When a recourse appears to be prima facie frivolous the Court may,
after hearing arguments by or on behalf of the parties concerned, unanimously
dismiss such recourse without a public hearing if satisfied that such recourse
is in fact frivolous.
ARTICLE 135
The Supreme Constitutional Court shall make Rules of Court for regulating
the practice and procedure of the Court in the exercise of jurisdiction
conferred upon it by this Constitution, for prescribing forms and fees
in respect of proceedings in the Court and for prescribing and regulating
the composition of its registry and the powers and the duties of the officers
thereof.
ARTICLE 136
The Supreme Constitutional Court shall have exclusive jurisdiction adjudicate
finally on all matters as provided in the ensuing Articles.
ARTICLE 137
1. The President and the VicePresident of the Republic, either separately
or conjointly, shall have a right of recourse to the Supreme Constitutional
Court under the provisions of this Article on the ground that any law or
decision of the House of Representatives or any provision thereof discriminates
against either of the two Communities.
2. A recourse under paragraph 1 of this Article shall be made within
seventyfive days of the promulgation of any such law or decision.
3. Notice of the filing of such a recourse shall be published in the
official Gazette of the Republic by the President and the VicePresident
of the Republic within a period of twentyfour hours from such filing.
Upon the publication of such notification in the official Gazette of the
Republic the operation of such law or decision shall be suspended from
the day following such publication until the Supreme Constitutional Court
determines such recourse.
4. Upon such recourse the Court may confirm or annul such law or decision
or any provision thereof or return it to the House of Representatives for
reconsideration, in whole or in part:
Provided that in the case of annulment of a law or decision or any provision
thereof such annulment shall operate from the date of the publication of
the decision of the Supreme Constitutional Court under paragraph 5 of this
Article without prejudice to anything done or left undone under such law
or decision or provision thereof.
5. The decision of the Court shall be notified forthwith to the President
and the VicePresident of the Republic and to the President and the VicePresident
of the House of Representatives and shall be published forthwith by the
President and the VicePresident of the Republic in the official Gazette
of the Republic.
ARTICLE 138
1. Where on the adoption of the Budget by the House of Representatives
the President and the VicePresident of the Republic, either separately
or conjointly, has or have exercised his or their right to return it to
the House of Representatives on the ground that in his or their judgment
there is a discrimination and the House has persisted in its decision,
the President and the VicePresident of the Republic, either separately
or conjointly, as the case may be, shall have a right of recourse to the
Supreme Constitutional Court on such ground.
2. Such recourse shall be made within the period fixed by this Constitution
for the promulgation of the laws or decisions of the House of Representatives.
3. Upon such a recourse the Court may annul or confirm the Budget or
return it to the House of Representatives, in whole or in part.
4. The decision of the Court shall be notified forthwith to the President
and the VicePresident of the Republic and to the President and the VicePresident
of the House of Representatives and shall be published forthwith by the
President and the VicePresident of the Republic in the official Gazette
of the Republic.
ARTICLE 139
by-
1. The Supreme Constitutional Court shall have jurisdiction to adjudicate
finally on a recourse made in connexion with any matter relating to any
conflict or contest of power or competence arising between the House of
Representatives and the Communal Chambers or any one of them and between
any organs of, or authorities in, the Republic:
Provided that nothing in this paragraph contained shall apply to any
conflict or contest between any courts or judicial authorities in the Republic,
which conflict or contest shall be decided by the High Court.
For the purposes of this paragraph the expression " courts or judicial
authorities in the Republic" does not include the Supreme Constitutional
Court.
2. Where any question arises as to the competence of the Supreme Constitutional
Court regarding any matter, such question shall be determined by the Supreme
Constitutional Court.
3. Recourse to the Court under paragraph 1 of this Article may be made
(a) the President or the VicePresident of the Republic;
(b) the House of Representatives; or
(c) one of, or both the Communal Chambers; or
(d) any other organ of, or authority in, the Republic, if involved in
such conflict or contest.
4. Such recourse shall be made within thirty days of the date when such
power or competence is contested.
5. Upon such a recourse the Court may declare that the law or the decision
or the act, the subject or the recourse, is void, either from the time
when the conflict or contest arose or ab initio, and without any legal
effect whatsoever, either in whole or in part, on the ground that such
law or decision or act was made or taken or done without power or competence,
and in either case the Court may give directions as to the effect of anything
done or left undone under such law or decision or act.
6. Any decision of the Court upon such recourse shall be forthwith notified
to the parties concerned and to the President and the VicePresident of
the Republic who shall forthwith publish it in the official Gazette of
the Republic.
7. Upon a recourse under this Article the Court may order that the operation
of the law or decision or act, as the case may be, which is the subject
matter of such recourse, shall be suspended until the determination of
the recourse; such order shall be pubfished forthwith in the official
Gazette of the Republic.
ARTICLE 140
1. The President and the VicePresident of the Republic acting jointly
may, at any time prior to the promulgation of any law or decision of the
House of Representatives, refer to the Supreme Constitutional Court for
its opinion the question as to whether such law or decision or any specified
provision thereof is repugnant to or inconsistent with any provision of
this Constitution, otherwise than on the ground that such law or decision
or any provision thereof discriminates against either of the two Communities.
2. The Supreme Constitutional Court shall consider every question referred
to it under paragraph 1 of this Article and having heard arguments on behalf
of the President and the VicePresident of the Republic and on behalf of
the House of Representatives shall give its opinion on such question and
notify the President and the VicePresident of the Republic and the House
of Representatives accordingly.
3. In case the Supreme Constitutional Court is of the opinion that such
law or decision or any provision thereof is repugnant to or inconsistent
with any provision of this Constitution such law or decision or such provision
thereof shall not be promulgated by the President and the VicePresident
of the Republic.
ARTICLE 141
1. The President or the VicePresident of the Republic may, at any time
prior to the promulgation of any law imposing any formalities, conditions
or restrictions on the right guaranteed by Article 25, refer to the Supreme
Constitutional Court for its opinion the question as to whether such formality,
condition or restriction is not in the public interest or is contrary to
the interests of his Community.
2. The Supreme Constitutional Court shall consider such question and
having heard arguments on behalf of the President or the VicePresident
of the Republic, as the case may be, and on behalf of the House of Representatives
shall give its opinion and notify the President and the VicePresident
of the Republic and the House of Representatives accordingly.
3. In case the Supreme Constitutional Court is of opinion that such
formality, condition or restriction is not in the public interest or is
contrary to the interests of such Community such law or any provision thereof
prescribing such formality, condition or restriction shall not be promulgated
by the President and the VicePresident of the Republic.
ARTICLE 142
1. The President of the Republic with regard to any law or decision
of the Greek Communal Chamber and the VicePresident of the Republic with
regard to any law or decision of the Turkish Communal Chamber, may, at
any time prior to the publication of such law or decision, refer to the
Supreme Constitutional Court for its opinion the question as to whether
such law or decision or any specified provision thereof is repugnant to
or inconsistent with any provision of this Constitution.
2. The Supreme Constitutional Court shall consider every question referred
to it under paragraph 1 of this Article and having heard arguments on behalf
of the President or the VicePresident of the Republic, as the case may
be, and on behalf of the Communal Chamber concerned, shall give its opinion
on such question and notify accordingly the President or the VicePresident
of the Republic, as the case may be, and the Communal Chamber concerned.
3. In case the Supreme Constitutional Court is of the opinion that such
law or decision or any provision thereof is repugnant to or inconsistent
with any provision of this Constitution such law or decision or such provision
thereof shall not be published by the President or the VicePresident of
the Republic, as the case may be.
ARTICLE 143
1. The President or the VicePresident of the Republic or Representatives
consisting of at least onefifth of the total number of a newlyelected
House of Representatives shall have a right of recourse to the Supreme
Constitutional Court on the question whether there exist such urgent and
exceptional unforeseen circumstances as to justify a House of Representatives
which continues to be in office until the assumption of office of a newlyelected
House to make any laws or take any decisions as in Article 68 provided.
2. Such recourse, if made by the President or the VicePresident of
the Republic shall be made within the period provided by this Constitution
for the promulgation of the laws and decisions of the House of Representatives
and if made by such Representatives shall be made within fifteen days of
the date when the new House first meets.
3. The decision of the Court shall be notified forthwith to the President
and the VicePresident of the Republic and to the President and the
VicePresident of the House of Representatives and shall be published forthwith
by the President and the VicePresident of the Republic in the official
Gazette of the Republic.
ARTICLE 144
1. A party to any judicial proceedings, including proceedings on appeal,
may, at any stage thereof, raise the question of the unconstitutionality
of any law or decision or any provision thereof material for the determination
of any matter at issue in such proceedings and thereupon the Court before
which
such question is raised shall reserve the question for the decision
of the Supreme Constitutional Court and stay further proceedings until
such question is determined by the Supreme Constitutional Court.
2. The Supreme Constitutional Court, on a question so reserved, shall,
after hearing the parties, consider and determine the question so reserved
'and transmit its decision to the Court by which such question has been
reserved.
3. Any decision of the Supreme Constitutional Court under paragraph
2 of this Article shall be binding on the court by which the question has
been reserved and on the parties to the proceedings and shall, in case
such decision is to the effect that the law or decision or any provision
thereof is unconstitutional, operate as to make such law or decision inapplicable
to such proceedings only.
ARTICLE 145
The Supreme Constitutional Court shall have exclusive jurisdiction to
adjudicate finally on any election petition, made under the provisions
of the Electoral Law, with regard to the elections of the President or
the VicePresident of the Republic or of members of the House of Representatives
or of any Communal Chamber.
ARTICLE 146
1. The Supreme Constitutional Court shall have exclusive jurisdiction
to adjudicate finally on a recourse made to it on a complaint that a decision,
an act or omission of any organ, authority or person, exercising any executive
or administrative authority is contrary to any of the provisions of this
Constitution or of any law or is made in excess or in abuse of powers vested
in such organ or authority or person.
2. Such a recourse may be made by a person whose any existing legitimate
interest, which he has either as a person or by virtue of being a member
of a Community, is adversely and directly affected by such decision or
act or omission.
3. Such a recourse shall be made within seventyfive days of the date
when the decision or act was published or, if not published and in the
case of an omission, when it came to the knowledge of the person making
the recourse.
4. Upon such a recourse the Court may, by its decision-
(a) confirm, either in whole or in part, such decision or act or omission;
or
(b) declare, either in whole or in part, such decision or act to be
null and void and of no effect whatsoever, or
(c) declare that such omission, either in whole or in part, ought not
to have been made and that whatever has been omitted should have been performed.
5. Any decision given under paragraph 4 of this Article shall be binding
on all courts and all organs or authorities in the Republic and shall be
given effect to and acted upon by the organ or authority or person concerned.
6. Any person aggrieved by any decision or act declared to be void under
paragraph 4 of this Article or by any omission declared thereunder that
it ought not to have been made shall be entitled, if his claim is not met
to his satisfaction by the organ, authority or person concerned, to institute
legal proceedings in a court for the recovery of damages or for being granted
other remedy and to recover just and equitable damages to be assessed by
the court or to be granted such other just and equitable remedy as such
court is empowered to grant.
ARTICLE 147
The Supreme Constitutional Court shall have exclusive jurisdiction to
adjudicate finally on a motion made by the AttorneyGeneral and the Deputy
AttorneyGeneral of the Republic, in accordance with the provisions of
paragraph 3 of Article 44, with regard to the question of the existence
of such permanent or temporary incapacity, or absence, otherwise than temporary,
of the President or the VicePresident of the Republic, as would prevent
him to perform effectively his duties as in subparagraph (d) of paragraph
1 of Article 44 provided.
ARTICLE 148
Subject to the provisions of paragraph 3 of Article 144, any decision
of the Supreme Constitutional Court on any matter within its jurisdiction
or competence shall be binding on all courts, organs, authorities and persons
in the Republic.
ARTICLE 149
The Supreme Constitutional Court shall have exclusive jurisdiction-
(a) to determine any conflict between the two texts of this Constitution
by reference to the text of the draft of this Constitution signed at Nicosia
on the 6th April, 1960, in the Joint Constitutional Commission together
with the schedule of amendments thereto signed on* by representatives of
the Kingdom of Greece, the Republic of Turkey and the Greek and Turkish
Cypriot communities, due regard being had to the letter and spirit of the
Zurich Agreement dated the 11th February, 1959, and of the London Agreement
dated the 19th of February, 1959;
(b) to make, in case of ambiguity, any interpretation of this Constitution
due regard being had to the letter and spirit of the Zurich Agreement dated
the 11th February, 1959, and of the London Agreement dated the 19th February,
1959. ARTICLE 150
The Supreme Constitutional Court shall have jurisdiction to punish for
contempt of itself.
ARTICLE 151
1. Notwithstanding anything in the foregoing provisions of this Part,
the Supreme Constitutional Court shall have exclusive competence to decide
finally on a reference made to it by the Public Service Commission under
subparagraph (2) of paragraph 3 of Article 125.
2. Nothing in this Article contained shall preclude any recourse to
the Supreme Constitutional Court under Article 146 on a complaint concerning
any decision, act or omission of the Public Service Commission.
* Note: date to be inserted later. PART X.-THE HIGH COURT AND THE SUBORDINATE COURTS ARTICLE 152
1. The judicial power, other than that exercised under Part IX by the
Supreme Constitutional Court and under paragraph 2 of this Article by the
courts provided by a communal law, shall be exercised by a High Court of
Justice and such inferior courts as may, subject to the provisions of this
Constitution, be provided by a law made thereunder.
2. The judicial power with respect to civil disputes relating to personal
status and to religious matters which are reserved under Article 87 for
the Communal Chambers shall be exercised by such courts as a communal law
made under the provisions of this Constitution shall provide.
ARTICLE 153
1. (1) There shall be a High Court of Justice composed of two Greek
judges, one Turkish judge and a neutral judge. The neutral judge shall
be the President of the Court and shall have two votes.
(2) The President and the other judges of the High Court shall be appointed
jointly by the President and the VicePresident of the Republic:
Provided that in the case of a vacancy solely in the post of either
a Greek judge or the Turkish judge the proposal of the President or the
VicePresident of the Republic to whose Community the judge to be appointed
shall belong shall prevail if the President and the VicePresident of the
Republic do not agree on the appointment within a week of such proposal.
2. The seat of the High Court shall be in the capital of the Republic.
3. The neutral judge shall not be a subject or a citizen of the Republic
or of the Kingdom of Greece or of the Republic of Turkey or of the United
Kingdom and the Colonies.
4. The Greek judges and the Turkish judge of the High Court shall be
citizens of the Republic.
5. The President and the other judges of the High Court shall be appointed
from amongst lawyers of high professional and moral standard.
6. (1) The President of the High Court shall be appointed for a period
of six years.
(2) The remuneration and other conditions of service of the President
of the High Court shall be laid down in the instrument of his appointment.
(3) The conditions of service of the President of the High Court to
be laid down in the instrument of his appointment as provided in subparagraph
(2) of this paragraph shall include-
(a) provision for his retirement on the same grounds as those on which
a Greek or the Turkish judge may be retired under subparagraph (3) of
paragraph 7 of this Article; and
(b) provision for his dismissal on the same grounds as those on which
such Greek or Turkish judge may be dismissed under subparagraph (4) of
paragraph 7 of this Article.
7. (1) The Greek judges and the Turkish judge of the High Court shall
be permanent members of the judicial service of the Republic and shall
hold office until they attain the age of sixtyeight.
(2) Without prejudice to any retirement pension, gratuity or any other
like benefit he may have acquired under the provisions of any law, any
Greek judge or the Turkish judge of the High Court may at any time resign
his office by writing under his hand addressed to the President and the
VicePresident of the Republic.
(3) Any Greek or the Turkish judge of the High Court shall be retired
on account of such mental or physical incapacity or infirmity as would
render him incapable of discharging the duties of his office either permanently
or for such period of time as would render it impracticable for him to
continue in office. A judge so retired shall be entitled to all benefits
and emoluments provided by any law in force for the time being.
(4) A Greek or the Turkish judge of the High Court may be dismissed
on the ground of misconduct.
8. (1) There shall be established a Council consisting of the President
of the Supreme Constitutional Court as Chairman and the Greek and the Turkish
judge of the Supreme Constitutional Court as members.
(2) This Council shall have exclusive competence to determine all matters
relating to-
(a) the retirement, dismissal or otherwise the termination of the appointment
of the President of the High Court in accordance with the conditions of
service laid down in the instrument of his appointment;
(b) the retirement or dismissal of any Greek judge or the Turkish judge
of the High Court on any of the grounds provided in subparagraphs (3)
and (4) of paragraph 7 of this Article.
(3) The proceedings of the Council under subparagraph (2) of this paragraph
shall be of a judicial nature and the judge concerned shall be entitled
to be heard and present his case before the Council.
(4) The decision of the Council taken by a majority shall be binding
upon the President and the VicePresident of the Republic who shall jointly
act accordingly.
9. In the case of temporary absence or incapacity of the President of
the High Court or of one of the Greek judges or of the Turkish judge thereof
the President of the Supreme Constitutional Court or the Greek judge or
the Turkish judge thereof respectively shall act in his place during
such temporary absence or incapacity:
Provided that if it is impracticable or inconvenient for the Greek or
the Turkish judge of the Supreme Constitutional Court to act, the senior
in office Greek or Turkish judge in the judicial service of the Republic
shall so act respectively.
10. No action shall be brought against the President or any other judge
of the High Court for any act done or words spoken in his judicial capacity.
11. The remuneration and other conditions of service of the Greek judges
and of the Turkish judge of the High Court shall be fixed by a law.
12. The remuneration and other conditions of service of any judge of
the High Court shall not be altered to his disadvantage after his appointment.
ARTICLE 154
The sittings of the High Court for the hearing of all proceedings shall
be public but the court may hear any proceedings in the presence only of
the parties, if any, and the officers of the court if it considers that
such a course will be in the interest of the orderly conduct of the proceedings
or if the security of the Republic or public morals so require.
ARTICLE 155
1. The High Court shall be the highest appellate court in the Republic
and shall have jurisdiction to hear and determine, subject to the provisions
of this Constitution and of any Rules of Court made thereunder, all appeals
from any court other than the Supreme Constitutional Court.
2. Subject to paragraphs 3 and 4 of this Article the High Court shall
have such original and revisional jurisdiction as is provided by this Constitution
or as may be provided by a law:
Provided that where original jurisdiction is so conferred, such jurisdiction
shall, subject to Article 159, be exercised by such judge or judges of
the High Court as the High Court shall determine:
Provided further that there shall be a right of appeal to the High Court
from their decision.
3. The High Court shall, to the exclusion of any other court, determine
the composition of the court which is to try a civil case where the plaintiff
and the defendant belong to different Communities and of the court which
is to try a criminal case in which the accused and the injured party belong
to different Communities. Such court shall be composed of judges belonging
to both the Greek and the Turkish Communities.
4. The High Court shall have exclusive jurisdiction to issue orders
in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari.
ARTICLE 156
The following offences in the first instance shall be tried by a court
composed of such judges belonging to both Communities as the High Court
shall determine presided over by the President of the High Court:-
(a) treason and other offences against the security of the Republic;
(b) offences against the Constitution and the constitutional order:
Provided that in the appeal from any decision of such court the High
Court shall be presided over by the President of the Supreme Constitutional
Court in the place of the President of the High Court and in such a case
the President of the Supreme Constitutional Court shall have all the powers
vested in the President of the High Court.
ARTICLE 157
1. Save as otherwise provided in this Constitution with regard to the
Supreme Constitutional Court, the High Court shall be the Supreme Council
of Judicature, and its President shall have two votes.
2. The appointment, promotion, transfer, termination of appointment,
dismissal and disciplinary matters of judicial officers are exclusively
within the competence of the Supreme Council of Judicature.
3. No judicial officer shall be retired or dismissed except on the like
grounds and in the same manner as a judge of the High Court.
ARTICLE 158
1. A law shall, subject to the provisions of this Constitution. provide
for the establishment, jurisdiction and powers of courts of civil and criminal
jurisdiction other than courts to be provided by a communal law under Article
160.
2. Any such law shall provide for the establishment of adequate courts
in sufficient number for the proper and undelayed administration of justice
and for securing within the limits of their respective competence the efficient
application of the provisions of this Constitution guaranteeing the fundamental
rights and liberties.
3. A law shall provide for the remuneration and other conditions of
service of the judges of the courts to be established under paragraph 1
of this Article. The remuneration and other conditions of service of any
such judge shall not be altered to his disadvantage after his appointment.
ARTICLE 159
1. A court exercising civil jurisdiction in a case where the plaintiff
and the defendant belong to the same Community shall be composed solely
of a judge or judges belonging to that Community.
2. A court exercising criminal jurisdiction in a case where the accused
and the person injured belong to the same Community, or where there is
no person injured, shall be composed of a judge or judges belonging to
that Community.
3. Where in a civil case the plaintiff and the defendant belong to different
Communities the court shall be composed of such judges belonging to both
Communities as the High Court shall determine.
4. Where in a criminal case the accused and the person injured belong
to different Communities the court shall be composed of such judges belonging
to both Communities as the High Court shall determine.
5. A coroner's inquest where the deceased belonged to the Greek Community
shall be conducted by a Greek coroner and where the deceased belonged to
the Turkish Community shall be conducted by a Turkish coroner. In case
there are more than one deceased belonging to different Communities the
inquest shall be conducted by such coroner as the High Court may direct.
6. The execution of any judgment or order of a court exercising civil
or criminal jurisdiction, if the court is composed of a Greek judge or
Greek judges shall be carried out through Greek officers of the court,
if the court is composed of a Turkish judge or Turkish judges shall be
carried out through Turkish officers of the court, and in any other case
such execution shall be carried out by such officers as the court of trial
shall direct.
ARTICLE 160
1. A communal law made by the Communal Chamber concerned shall, subject
to the provisions of this Constitution, provide for the establishment,
composition and jurisdiction of courts to deal with civil disputes relating
to personal status and to religious matters which are reserved for the
competence of the Communal Chambers by the provisions of this Constitution.
2. By such law provision shall be made for appeals against the decisions
of such courts and for the composition of the courts by which such appeals
are to be heard and determined and for the jurisdiction and powers of such
appellate courts. A communal law made under this paragraph may provide
that such appellate court may be composed of a judge or judges of the High
Court either sitting alone or with such other judge or judges in the judicial
service of the Republic as such law may determine.
3. Any such court as aforesaid in the exercise of its jurisdiction,
shall apply the laws made by the Communal Chamber concerned:
Provided that nothing in this paragraph contained shall preclude a court
of the Republic from applying in a case, where an issue relating to personal
status or to religious matters is raised incidentally, the relevant communal
law.
ARTICLE 161
Subject to paragraph 3 of Article 160 the courts of the Republic shall
have power to apply also the relevant communal laws other than those relating
to personal status and to religious matters.
ARTICLE 162
The High Court shall have jurisdiction to punish for any contempt of
itself, and any other court of the Republic, including a court established
by a communal law under Article 160, shall have power to commit any person
disobeying a judgment or order of such court to prison until such person
complies with such judgment or order and in any event for a period not
exceeding twelve months.
A law or a communal law, notwithstanding anything in Article 90 contained,
as the case may be, may provide for punishment for contempt of court.
ARTICLE 163
1. The High Court shall make Rules of Court for regulating the practice
and procedure of the High Court and of any other court established by or
under this Part of this Constitution, other than a court established under
Article 160.
2. Without prejudice to the generality of paragraph 1 of this Article
the High Court may make Rules of Court for the following purposes:-
(a) for regulating the sittings of the courts and the selection of judges
for any purpose;
(b) for providing for the summary determination of any appeal or other
proceedings which appear to the High Court or such other court before which
such proceedings are pending to be frivolous or vexatious or to have been
instituted for the purpose of delaying the course of justice;
(c) for prescribing forms and fees in respect of proceedings in the
courts and regulating the costs of, and incidental to, any such proceedings;
(d) for prescribing and regulating the composition of the registries
of the courts and the powers and duties of officers of the courts;
(e) for prescribing the time within which any requirement of the Rules
of Court is to be complied with;
(f) for prescribing the practice and procedure to be followed by the
Supreme Council of Judicature in the exercise of its competence with regard
to disciplinary matters relating to judicial officers.
3. Rules of Court made under this Article may fix the number of judges
of the High Court who are to hear any specified matter:
Provided that in the exercise of the jurisdiction conferred on the High
Court by or under this Constitution no matter shall be determined unless
the provisions of Article 159 are complied with and for the hearing of
any appeal, including an appeal under Article 156, the High Court shall,
subject to paragraph 2 of Article 160, be composed of all its members.
ARTICLE 164
1. Any appellate court created under paragraph 2 of Article 160 shall
make Rules of Court for regulating the practice and procedure of such court
and the practice and procedure of any court from which any appeal shall
lie
2. Without prejudice to the generality of paragraph 1 of this Article
such appellate court may make Rules of Court for itself and for the Courts
from which an appeal shall lie to it for the following purposes :
(a) for regulating the sittings of such courts;
(b) for prescribing forms and fees in respect of proceedings in such
courts and for regulating the costs of, and incidental to, any such proceedings;
(c) for prescribing and regulating the composition of registries of
such courts and the powers and duties of officers of such courts;
(d) for prescribing the time within which any requirement of such Rules
of Court is to be complied with. PART XI.-FINANCIAL PROVISIONS ARTICLE 165
1. All revenues and moneys, howsoever raised or received by the Republic,
shall, subject to the provisions of this Constitution and of the law, be
paid into and form one fund to be known as the Consolidated Fund of the
Republic.
2. All revenues and moneys, howsoever raised or received by a Communal
Chamber, shall, subject to any communal law, be paid into and form one
fund, to be known as the Consolidated Fund of that Communal Chamber.
3. Unless the context otherwise requires any reference in this Constitution
to the Consolidated Fund shall be construed as a reference to the Consolidated
Fund of the Republic provided in paragraph l of this Article.
ARTICLE 166
1. There shall be charged on the Consolidated Fund, in addition to any
grant, remuneration or other moneys charged by any other provision of
this Constitution or law-
(a) all pensions and gratuities for which the Republic is liable;
(b) the emoluments of the President and the VicePresident of the Republic
and the salaries of the judges of the Supreme Constitutional Court and
of the High Court, of the AttorneyGeneral and of the Deputy AttorneyGeneral
of the Republic, of the AuditorGeneral and of the Deputy AuditorGeneral,
of the Governor and the Deputy Governor of the Issuing Bank of the Republic
and of the members of the Public Service Commission;
(c) all debt charges for which the Republic is liable; and
(d) any moneys required to satisfy any judgment, decision or award against
the Republic by any court.
2. For the purposes of this Article debt charges include interest, sinking
fund charges, the repayment of amortisation of debt and all expenditure
in connexion with the raising of loans on the security of the Consolidated
Fund and the service and redemption of debt created thereby.
ARTICLE 167
1. The Minister of Finance shall, upon receipt of the estimates of each
Ministry and of each Independent Office of the Republic, cause to be prepared
in respect of every financial year a comprehensive Budget of the Republic
for that year which, when approved by the Council of Ministers, shall be
laid before the House of Representatives.
2. The estimates of expenditure in the Budget shall show separately-
(a) the total sums required to meet expenditure charged on the Consolidated
Fund; and
(b) the sums respectively required to meet other expenditure.
3. The said Budget shall also show, so far as is practicable, the assets
and liabilities of the Republic at the end of the last completed financial
year, the manner in which those assets are invested or held and particulars
in respect of outstanding liabilities.
4. The expenditure to be met from the Consolidated Fund but not charged
thereon shall be submitted to the House of Representatives for adoption
and if adopted shall be included in the Budget in respect of that financial
year.
5. If in respect of any financial year it is found that the amount adopted
by the House of Representatives for any purpose is insufficient or that
a need has arisen for expenditure for a purpose for which no amount has
been adopted a supplementary budget showing the sums required shall be
laid before the House of Representatives for adoption and if adopted by
the House of Representatives shall be included in the Budget in respect
of that financial year.
6. The House of Representatives may approve or refuse its approval to
any expenditure contained in a supplementary Budget but may not vote an
increased amount or an alteration in its destination.
ARTICLE 168
1. No expenditure shall be met from the Consolidated Fund or other Public
Funds except upon the authority of a warrant under the hand of the Minister
of Finance:
Provided that the Minister of Finance shall not refuse to sign any such
warrant for an expenditure provided for in the Budget.
2. Subject to the provisions of paragraph 3 of this Article, no such
warrant shall be issued unless such expenditure has been adopted in the
Budget for the financial year to which the warrant relates in the Budget.
3. If the Budget has not been adopted by the House of Representatives
by the first day of the financial year to which it relates, the House of
Representatives may, subject to the provisions of this Constitution, by
a resolution, authorise the meeting of any expenditure required, for a
period not exceeding one month at any one time but in any event not exceeding
two months in the aggregate, from the Consolidated Fund or other Public
Funds as they may consider essential for the continuance of the public
services shown in the Budget until the expiration of such period:
Provided that the expenditure so authorised for any service shall not
exceed the proportion with respect to such period of the amount voted for
that service in the Budget for the preceding financial year. PART XII.-MISCELLANEOUS PROVISIONS ARTICLE 169
Subject to the provisions of Article 50 and paragraph 3 of Article 57-
(1) every international agreement with a foreign State or any International
Organisation relating to commercial matters, economic cooperation (including
payments and credit) and modus vivendi shall be concluded under a decision
of the Council of Ministers;
(2) any other treaty, convention or international agreement shall be
negotiated and signed under a decision of the Council of Ministers and
shall only be operative and binding on the Republic when approved by a
law made by the House of Representatives whereupon it shall be concluded,
(3) treaties, conventions and agreements concluded in accordance with
the foregoing provisions of this Article shall have, as from their publication
in the official Gazette of the Republic, superior force to any municipal
law on condition that such treaties, conventions and agreements are applied
by the other party thereto.
ARTICLE 170
1. The Republic shall, by agreement on appropriate terms' accord mostfavourednation
treatment to the Kingdom of Greece, the Republic of Turkey and the United
Kingdom of Great Britain and Northern Ireland for all agreements whatever
their nature might be.
2. The provisions of paragraph 1 of this Article shall not apply to
the Treaty concerning the Establishment of the Republic of Cyprus between
the Republic, the Kingdom of Greece, the Republic of Turkey and the United
Kingdom of Great Britain and Northern Ireland concerning the bases and
military facilities accorded to the United Kingdom.
ARTICLE 171
1. In sound and vision broadcasting there shall be programmes both for
the Greek and the Turkish Communities.
2. The time allotted to programmes for the Turkish Community in sound
broadcasting shall not be less than seventyfive hours in a sevenday week,
spread to all days of such week in daily normal periods of transmission:
Provided that if the total period of transmissions has to be reduced
so that the time allotted to programmes for the Greek Community should
fall below seventyfive hours in a sevenday week, then the time allotted
to programmes for the Turkish Community in any such week should be reduced
by the same number of hours as that by which the time allotted to programmes
for the Greek Community is reduced below such hours:
Provided further that if the time allotted to programmes for the Greek
Community is increased above one hundred and forty hours in a sevenday
week, then the time allotted to programmes for the Turkish Community
shall be increased in the ratio of three hours for the Turkish Community
to every seven hours for the Greek Community.
3. In vision broadcasting there shall be allotted three transmission
days to the programmes for the Turkish Community of every ten consecutive
transmission days and the total time allotted to the programmes for the
Turkish Community in such ten transmission days shall be in the ratio of
three hours to seven hours allotted to programmes for the Greek Community
in such ten transmission days.
4. All official broadcasts in sound and vision shall be made both in
Greek and Turkish and shall not be taken into account for the purposes
of calculating the time under this Article.
ARTICLE 172
The Republic shall be liable for any wrongful act or omission causing
damage committed in the exercise or purported exercise of the duties of
officers or authorities of the Republic.
A law shall regulate such liability.
ARTICLE 173
1. Separate municipalities shall be created in the five largest towns
of the Republic, that is to say, Nicosia, Limassol, Famagusta, Larnaca
and Paphos by the Turkish inhabitants thereof:
Provided that the President and the VicePresident of the Republic shall
within four years of the date of the coming into operation of this Constitution
examine the question whether or not this separation of municipalities in
the aforesaid towns shall continue.
2. The council of the Greek municipality in any such town shall be elected
by the Greek electors of the town and the council of the Turkish municipality
in such town shall be elected by the Turkish electors of the town.
3. In each such town a coordinating body shall be set up composed of
two members chosen by the council of the Greek municipality, two members
chosen by the council of the Turkish municipality and a President chosen
by agreement between the two councils of such municipalities in such town.
Such coordinating body shall provide for work which needs to be carried
out jointly, shall carry out joint services entrusted to it by agreement
of the councils of the two municipalities within the town and shall concern
itself with matters which require a degree of cooperation.
ARTICLE 174
Within the limits of any such town no municipal tax, rate, fee or any
other revenue shall be imposed or levied upon or collected from any person
by any
such municipality unless such person belongs to the same Community
as the municipality concerned:
Provided that-
(a) fees payable in connexion with the use of municipal markets, slaughter
houses and other municipal places which are in the region within which
the council of one of such municipalities in any such town exercises its
jurisdiction;
(b) entertainment fees payable in connexion with premises or places
in the region within which the council of one of such municipalities in
any such town exercises its jurisdiction;
(c) such fees as may be agreed upon between the two councils of such
municipalities in any such town for any services additional to, or in excess
of, those usually rendered by a municipality, to a person not belonging
to the Community thereof, shall be paid to the council of such municipality:
Provided further that in case any service in the way of control, inspection
and the like is rendered by one of the municipalities to a person belonging
to the Community of the other municipality in any such town any fees in
respect thereof shall be payable to the municipality rendering such service.
ARTICLE 175
No licence or permit shall be issued to any person by a municipality
in any such town not belonging to the Community of such munipicality:
Provided that licences or permits relating to premises, places or building
operations in the region within which one of such municipalities in any
such town exercises its jurisdiction shall be issued by the council of
such municipality and any service, control or supervision in connexion
with such licences or permits shall be performed by the council of such
municipality and any such fee payable in respect thereof shall be collected
by such council.
ARTICLE 176
Nothing in Articles 173 to 178, both inclusive, contained shall be construed
as precluding a law to provide for town planning with respect to any such
municipalities subject to the following conditions:-
(a) the planning authority for any such town shall consist of ten members,
out of whom seven shall be Greeks and three shall be Turks;
(b) all decisions of such authority shall be taken by an absolute majority:
Provided that no decision affecting a Greek municipality shall be taken
unless such majority includes the votes of at least four Greek members,
and no decision affecting a Turkish municipality shall be taken unless
such majority includes the votes of at least two Turkish members;
(c) all matters of a town planning nature affecting any such town and
any regulation of any such matter shall be entrusted exclusively to such
planning authority.
sp; ARTICLE 177
Subject to the provisions of Articles 173 to 178, both inclusive, each
municipality in any such town shall exercise its jurisdiction and perform
all its functions respectively within a region the limits of which shall
be fixed for each municipality by agreement of the President and the VicePresident
of the Republic.
ARTICLE 178
With regard to other localities, a special provision shall be made for
the constitution of the organs of the municipalities in accordance, as
far as possible, with the rule of proportional representation of the two
Communities.
PART XIII.-FINAL PROVISIONS ARTICLE 1 79
1. This Constitution shall be the supreme law of the Republic.
2. No law or decision of the House of Representatives or of any of the
Communal Chambers and no act or decision of any organ, authority or person
in the Republic exercising executive power or any administrative function
shall in any way be repugnant to, or inconsistent with, any of the provisions
of this Constitution.
ARTICLE 180
1. The Greek and the Turkish texts of this Constitution shall both be originals
and shall have the same authenticity and the same legal force.
2. Any conflict between the two texts of this Constitution shall be
determined by the Supreme Constitutional Court by reference to the text
of the draft of this Constitution signed at Nicosia on the 6th April, 1960,
in the Joint Constitutional Commission together with the Schedule of amendments
thereto signed on* by representatives of the Kingdom of Greece, the Republic
of Turkey and the Greek and Turkish Cypriot communities, due regard being
had to the letter and spirit of the Zurich Agreement dated the 11th February,
1959, and of the London Agreement dated the 19th February, 1959.
3. In case of ambiguity any interpretation of the Constitution shall
be made by the Supreme Constitutional Court due regard being had to the
letter and spirit of the Zurich Agreement dated the 11th February, 1959,
and of the London Agreement dated the 19th February, 1959.
ARTICLE 181
The Treaty guaranteeing the independence, territorial integrity and
Constitution of the Republic concluded between the Republic, the Kingdom
of Greece, the Republic of Turkey and the United Kingdom of Great Britain
and Northern Ireland, and the Treaty of Military Alliance concluded between
the Republic, the Kingdom of Greece and the Republic of Turkey, copies
of which are annexed to this Constitution as Annexes I and TI, shall have
constitutional force.
* Note: date to be inserted later. ARTICLE 182
1. The Articles or parts of Articles of this Constitution set out in
Annex III hereto which have been incorporated from the Zurich Agreement
dated 11th February, 1959, are the basic Articles of this Constitution
and cannot, in any way, be amended, whether by way of variation, addition
or repeal.
2. Subject to paragraph 1 of this Article any provision of this Constitution
may be amended, whether by way of variation, addition or repeal, as provided
in paragraph 3 of this Article.
3. Such amendment shall be made by a law passed by a majority vote comprising
at least twothirds of the total number of the Representatives belonging
to the Greek Community and at least twothirds of the total number of the
Representatives belonging to the Turkish Community.
ARTICLE 183
1. In case of war or other public danger threatening the life of the
Republic or any part thereof, the Council of Ministers shall have power,
by a decision taken in this respect, to issue a Proclamation of Emergency:
Provided that the President and the VicePresident of the Republic shall,
separately or conjointly, have a right of veto against any such decision
which they shall exercise within fortyeight hours of the date when the
decision has been transmitted to their respective offices.
2. Any such Proclamation shall specify the Articles of the Constitution
which shall be suspended for the duration of such Emergency:
Provided that only the following Articles of the Constitution may be
suspended by any such Proclamation that is to say:-
Article 7, only in so far as it relates to death inflicted by a permissible
act of war; Article 10, paragraphs 2 and 3; Article 11; Article 13; Article
16; Article 17; Article 19; Article 21; Article 23, paragraph 8, subparagraph
(d); Article 25 and Article 27.
3. The President and the VicePresident of the Republic shall, unless,
separately or conjointly, they have exercised their right of veto as provided
in paragraph 1 of this Article, promulgate forthwith such Proclamation
by publication in the official Gazette of the Republic.
4. A Proclamation promulgated under the foregoing provisions of this
Article shall be laid forthwith before the House of Representatives. If
the House of Representatives is not sitting it must be convened as soon
as possible for this purpose.
5. The House of Representatives shall have the right to reject or confirm
such Proclamation of Emergency. In the case of rejection the Proclamation
of Emergency shall have no legal effect. In the case of confirmation the
President and the VicePresident of the Republic shall promulgate forthwith
such decision of the House of Representatives by publication in the official
Gazette of the Republic.
6. The Proclamation of Emergency shall cease to operate at the expiration
of two months from the date of confirmation by the House of Representatives
unless the House, at the request of the Council of Ministers decides to
prolong the duration of the state of emergency, whereupon the President
and the VicePresident of the Republic, separately or conjointly, shall
have a right of veto against such decision of prolongation to be exercised
in accordance with Article 50.
7. (1) While a Proclamation is in operation, notwithstanding anything
in this Constitution, the Council of Ministers if satisfied that immediate
action is required may, subject to the right of veto of the President and
the VicePresident of the Republic under Article 57 to be exercised, separately
or conjointly, make any ordinance strictly connected with the state of
emergency having the force of law.
(2) If no right of veto is exercised under subparagraph (1) of this
paragraph the President and the VicePresident of the Republic shall forthwith
promulgate by publication in the official Gazette of the Republic such
ordinance.
(3) Such ordinance if not sooner revoked shall cease to be in force
at the expiration of the emergency.
ARTICLE 184
1. Where any ordinance promulgated in pursuance of subparagraph (2)
of paragraph 7 of Article 183 provides for preventive detention-
(a) the authority on whose order any person is detained under that ordinance
shall, as soon as may be, inform him of the grounds for his detention and,
subject to paragraph 3 of this Article, the allegations of fact on which
the order is based, and shall give him the opportunity of making representations
against the order as soon as may be;
(b) no citizen shall be detained under that ordinance for a period exceeding
one month unless an advisory board constituted as mentioned in paragraph
2 of this Article has considered any representations made by him under
subparagraph (a) of this paragraph and has reported, before the expiration
of that period, that there is in its opinion sufficient cause for the detention.
2. An advisory board constituted for the purposes of this Article shall
consist of a Chairman, who shall be appointed jointly by the President
and the VicePresident of the Republic from among persons who are or have
been judges of the High Court or are qualified to be judges of such
Court, and two other members, who shall be appointed jointly by the President
and the VicePresident of the Republic after consultation with the President
of the High Court.
3. This Article does not require any authority to disclose facts of
which disclosure would in its opinion be against the national interest.
ARTICLE 185
1. The territory of the Republic is one and indivisible.
2. The integral or partial union of Cyprus with any other State or the
separatist independence is excluded. ARTICLE 186
1. In this Constitution, unless it is otherwise expressly provided or
required by the context-
(1) " Community " means the Greek or the Turkish Community;
" court " includes any judge thereof;
" Greek " means a member of the Greek Community as defined in Article
2;
" law" when used in relation to the period after the coming into
operation of this Constitution means a law of the Republic;
" person " includes any company, partnership, association, society,
institution or body of persons, corporate or unincorporate;
" Republic " means the Republic of Cyprus;
" Turk " or " Turkish " means a member of the Turkish Community
as defined in Article 2;
(2) words importing the masculine gender include females and words in
the singular include the plural and viceversa.
2. Where a power is conferred by this Constitution to make any order,
rules, regulations or byelaws or to give any directions the power shall
be construed as including a power exercisable in like manner to amend or
revoke any such order, rules, regulations, byelaws or directions.
TRANSITIONAL PROVISIONS ARTICLE 187
1. Any person elected-
(a) as first President or first VicePresident of the Republic;
(b) as a member of the House of Representatives or of any Communal Chamber,
under any law in force immediately before the date of the coming into operation
of this Constitution shall be deemed to be the President of the Republic
or the VicePresident of the Republic, a member of the House of Representatives
or a member of the Communal Chamber concerned, elected respectively under
the provisions of this Constitution.
2. All laws and regulations relating to elections expired on the date
of the coming into operation of this Constitution and notwithstanding such
expiration shall continue to be in force until a new electoral law is made
by the House of Representatives or by any Communal Chamber, as the case
may be, and in any case not later than eighteen months of the date of the
coming into operation of this Constitution with regard to any byelection
to fill any vacancy occurring during such period in the office of the President
of the Republic, the VicePresident of the Republic, any Representative
or any member of a Communal Chamber.
ARTICLE 188
1. Subject to the provisions of this Constitution and to the following
provisions of this Article, all laws in force on the date of the coming
into operation of this Constitution shall, until amended, whether by way
of variation, addition or repeal, by any law or communal law, as the case
may be, made under this Constitution, continue in force on or after that
date, and shall, as from that date be construed and applied with such modification
as may be necessary to bring them into conformity with this Constitution.
2. Save where otherwise provided in the Transitional Provisions of this
Constitution no provision in any such law which is contrary to, or inconsistent
with, any provision of this Constitution and no law which under Article
78 requires a separate majority shall so continue to be in force:
Provided that the laws relating to the municipalities may continue
to be in force for a period of six months after the date of the coming
into operation of this Constitution and any law imposing duties or taxes
may continue to be in force until the 31st day of December, 1960.
3. In any such law which continues in force under paragraph 1 of this
Article, unless the context otherwise requires-
(a) any reference to the Colony of Cyprus or to the " Crown " shall,
in relation to any period beginning on or after the date of the coming
into operation of this Constitution, be construed as a reference to the
Republic;
(b) any reference to the Governor or the Governor in Council shall,
in relation to any such period, be construed as a reference to the President
and the VicePresident of the Republic, separately or conjointly, according
to the express provisions in this Constitution to the House of Representatives
in matters relating to exercise of legislative power other than those expressly
reserved to the Communal Chambers, to the Communal Chamber concerned in
all matters within its competence under this Constitution, and to the Council
of Ministers in matters relating to exercise of executive power;
(c) any reference to the Administrative Secretary or the Financial Secretary,
shall in relation to any such period, be construed as a reference to the
Ministry or Independent Office of the Republic for the time being charged
with responsibility for the subject in relation to which reference is made;
(d) any reference to the AttorneyGeneral or the SolicitorGeneral,
shall in relation to any such period, be construed as a reference to the
AttorneyGeneral of the Republic or the Deputy AttorneyGeneral of the
Republic respectively,
(e) any reference to any other person holding a public office or to
any authority or body, shall, in relation to any such period, be construed
as a reference to the corresponding public officer or corresponding authority,
body or office of the Republic.
4. Any court in the Republic applying the provisions of any such law
which continues in force under paragraph 1 of this Article, shall apply
it in relation to any such period, with such modification as may be necessary
to
bring it into accord with the provisions of this Constitution including
the Transitional Provisions thereof.
5. In this Article-
" law " includes any public instrument made before the date of the coming
into operation of this Constitution by virtue of such law;
" modification" includes amendment, adaptation and repeal.
ARTICLE 189
Notwithstanding anything in Article 3 contained, for a period of five
years after the date of the coming into operation of this Constitution-
(a) all laws which under Article 188 will continue to be in force may
continue to be in the English language;
(b) the English language may be used in any proceedings before any court
in the Republic. ARTICLE 190
1. Subject to the ensuing provisions of this Article any court existing
immediately before the date of the coming into operation of this Constitution
shall, notwithstanding anything in this Constitution, as from that date
and until a new law is made regarding the constitution of the courts of
the Republic and in any event not later than four months from that date,
continue to function as hitherto but constituted, as far as practicable,
in accordance with the provisions of this Constitution:
Provided that any pending proceedings, civil or criminal, part heard
on the date of the coming into operation of this Constitution shall continue
and be disposed of, notwithstanding anything contained in this Constitution,
by the court as constituted in such a case.
2. Notwithstanding anything in this Constitution and until the Supreme
Constitutional Court established thereunder is constituted within a period
not later than three months of the date of the coming into operation of
this Constitution, the registry of the High Court shall be the registry
of the Supreme Constitutional Court.
3. The registry of the High Court shall be deemed to be the registry
of the Supreme Constitutional Court for all its purposes, including a recourse,
until such Court is constituted. the constitution of such Court shall be
effected not later than three months of the date of the coming into operation
of this Constitution.
4. In computing any time with regard to a recourse to the Supreme Constitutional
Court under the provisions of this Constitution, the period between the
date of the coming into operation of this Constitution and the constitution
of such Court as aforesaid shall not be counted.
5. The Supreme Court existing immediately before the date of the coming
into operation of this Constitution shall be deemed to be the High Court
as established under this Constitution until the constitution of such Court
under
the provisions thereof; the constitution of such Court shall be made
not later than three months of the date of the coming into operation of
this Constitution:
Provided that a reference to the Chief Justice shall be a reference
to the senior member of such Court, and such Court shall be deemed to be
validly constituted during such period notwithstanding that its membership
shall be below four.
ARTICLE 191
Any proceedings pending on the date of the coming into operation of
this Constitution in which the AttorneyGeneral on behalf of the Government
of the Colony of Cyprus or any Department or officer thereof is a party
shall continue, on and after such date, with the Republic or its corresponding
office or officer being substituted as a party.
ARTICLE 192
1. Save where other provision is made in this Constitution any person
who, immediately before the date of the coming into operation of this Constitution,
holds an office in the public service shall, after that date, be entitled
to the same terms and conditions of service as were applicable to him before
that date and those terms and conditions shall not be altered to his disadvantage
during his continuance in the public service of the Republic on or after
that date.
2. Subject to paragraph 1 of this Article the judges of the Supreme
Court other than the Chief Justice and the judges and magistrates of the
subordinate courts holding office immediately before the date of the coming
into operation of this Constitution shall, notwithstanding anything contained
in Articles 153 and 157, as from that date continue to hold their respective
offices as if they had been duly appointed thereto under the provisions
of those Articles until an appointment is made under the provisions of
those Articles and the provisions of this Constitution shall apply to them
accordingly.
3. Where any holder of an office mentioned in paragraphs 1 and 2 of
this Article is not appointed in the public service of the Republic he
shall be entitled, subject to the terms and conditions of service applicable
to him, to just compensation or pension on abolition of office terms out
of the funds of the Republic whichever is more advantageous to him.
4. Subject to paragraph 5 of this Article any holder of an office mentioned
in paragraphs 1 and 2 of this Article whose office comes, by the operation
of this Constitution, within the competence of a Communal Chamber, may,
if he so desires, waive his rights under paragraph 3 of this Article and
choose to serve under such Communal Chamber and in such a case such holder
of such office shall be entitled to receive from the Republic any retirement
pension, gratuity or other like benefit to which he would have been entitled
under the law in force immediately before the date of the coming into operation
of this Constitution in respect of the period of his service before such
date if such period by itself or together with any period of service under
such Communal Chamber would, under such law, have entitled him to any such
benefit.
5. Any teacher who, immediately before the date of the coming into
operation of this Constitution, was a serving teacher and was in receipt
of remuneration out of the public funds of the Colony of Cyprus and whose
office comes, by the operation of this Constitution, within the competence
of a Communal Chamber shall be entitled to receive from the Republic any
retirement pension, gratuity or other like benefit to which he would have
been entitled under the law in force before the date of the coming into
operation of this Constitution in respect of the period of his service
before such date if such period by itself or together with any period ofЈ
service under such Communal Chamber would, under such law, have entitled
him to any such benefit.
6. Any person who, immediately before the date of the coming into operation
of this Constitution, being in the public service of the Colony of Cyprus
is on leave prior to retirement therefrom or on transfer from that service
to any service other than that of the Republic shall, irrespective of whether
he is a citizen of the Republic or not, continue to be entitled to the
same terms and conditions of service as were applicable to him under such
circumstances before that date and such terms and conditions shall not
be altered to his disadvantage.
7. For the purposes of this Article
(a) " public service " in relation to service before the date of the
coming into operation of this Constitution means service under the Government
of the Colony of Cyprus and in relation to service after that date means
service in a civil capacity under the Republic and includes service as
a member of the security forces of the Republic;
(b) " terms and conditions of service" means, subject to the necessary
adaptations under the provisions of this Constitution, remuneration, leave,
removal from service, retirement pensions, gratuities or other like benefits.
8. Save as provided in paragraph 6 of this Article nothing in this Article
shall apply to a person who is not a citizen of the Republic.
ARTICLE 193
Any person who, immediately before the date of the coming into operation
of this Constitution, was in receipt of any pension or other retirement
benefit out of the public Funds, including the Widows' and Orphans' Pension
Fund, of the Colony of Cyprus shall on and after the date of the coming
into operation of this Constitution, continue to be paid such pension or
other retirement benefit out of the public Funds of the Republic under
the same terms and conditions as were applicable to such pensions or other
retirement benefits immediately before the date of the coming into operation
of this Constitution or under terms and conditions made thereafter not
less favourable to that person and applicable to his case.
ARTICLE 194
The eligibility of any person to receive a pension under the Widows'
and Orphans' Pension Fund shall, on and after the date of the coming into
operation of this Constitution, continue to be subject to the same terms
and
conditions as were in force immediately before the date of the coming
into operation of this Constitution and shall not be altered to the disadvantage
of any such person so long as such eligibility remains.
ARTICLE 195
Notwithstanding anything in this Constitution contained, the person
elected as first President of the Republic and the person elected as first
VicePresident of the Republic, who under Article 187 are deemed to be
the first President and the first VicePresident of the Republic, whether
before or after their investiture as in Article 42 provided. conjointly
shall haye, and shall be deemed to have had, the exclusive right and power
to sign and conclude on behalf of the Republic the Treaty concerning the
Establishment of the Republic of Cyprus between the Republic, the Kingdom
of Greece, the Republic of Turkey and the United Kingdom of Great Britain
and Northern Ireland together with the Exchanges of Notes drawn up for
signature with that Treaty, and the Treaty guaranteeing the independence,
territorial integrity and Constitution of the Republic, between the Republic,
the Kingdom of Greece, the Republic of Turkey and the United Kingdom of
Great Britain and Northern Ireland, the Treaty of Military Alliance between
the Republic, the Kingdom of Greece and the Republic of Turkey and the
Agreement between the Republic, the Kingdom of Greece and the Republic
of Turkey for the application of the Treaty of Alliance concluded between
these countries, and such Treaties Agreements and Notes exchanged shall
be thus validly concluded on behalf of the Republic and shall be operative
and binding as from the date on which they have been so signed.
ARTICLE 196
The term of office of the first Communal Chambers shall commence on
date of the coming into operation of this Constitution.
ARTICLE 197
1. Any movable or immovable property, or any right or interest thereon,
'which, immediately before
the date of the coming into operation of this Constitution, was vested
in, held by, or registered in the
name of, the Government of the Colony of Cyprus or any other person
or body, for and on behalf
of, or in trust for, any school, or other body or institution which
come, by or under the provisions of
this Constitution, within the competence of the Communal Chambers shall,
as from that date, be
vested in, and be held by such person, body or authority as provided
by a law of the respective
Communal Chamber subject to such terms and conditions as such communal
law may provide:
Provided that no such law shall direct that any such property shall
vest in, or be held by, the Communal Chamber itself.
2. Nothing in this Article contained shall apply to any bequest or other
donation administered by trustees or to any vakf in connexion with any
educational purposes. ARTICLE 198
1. The following provisions shall have effect until a law of citizenship
is made incorporating such provisions-
(a) any matter relating to citizenship shall be governed by the provisions
of Annex D to the Treaty of Establishment;
(b) any person born in Cyprus, on or after the date of the coming into
operation of this Constitution, shall become on the date of his birth a
citizen of the Republic if on that date his father has become a citizen
of the Republic or would but for his death have become such a citizen under
the provisions of Annex D to the Treaty of Establishment.
2. For the purposes of this Article " Treaty of Establishment " means
the Treaty concerning the Establishment of the Republic of Cyprus between
the Republic, the Kingdom of Greece, the Republic of Turkey and the United
Kingdom of Great Britain and Northern Ireland.
ARTICLE 199
The Turkish Communal Chamber shall have the right to receive from the
Government of the United Kingdom of Great Britain and Northern Ireland
the sums specified in the Notes exchanged between the Governor of the Colony
of Cyprus, on behalf of the Government of the United Kingdom and the representatives
of the Turkish Community of Cyprus drawn up for signature on*
APPENDIX E
Statement by Her Majesty's Government
THE RIGHTS OF SMALLER RELIGIOUS GROUPS IN CYPRUS
In the negotiations leading up to the establishment of the Republic
of Cyprus, Her Majesty's Government have been concerned to secure for the
minor religious groups in Cyprus (Armenians, Maronites and Latins) the
continued enjoyment of the liberties and status which they have had under
British rule. The following paragraphs set out the safeguards which are
to this end being provided in the Constitution of the Republic.
2. Under the Constitution, members of these groups will, as individuals,
be guaranteed human rights and fundamental freedoms comparable to those
set out in the European Convention for the protection of Human Rights and
Fundamental Freedoms and the Protocol thereto. Both as individuals, and
as groups, they will also enjoy constitutional protection against discrimination.
3. The Constitution will enable the Armenians, the Maronites and the
Latins, as groups, to choose to belong to either the GreekCypriot or the
TurkishCypriot Community. In the event of option, the members of the group
will enjoy the same benefits as the other members of the Community. For
example, they will be eligible for the Public Service of the Republic.
4. Any religious group which has opted as a group to belong to one of
the two Communities will have the right under the Constitution to be represented
in the Communal Chamber of the Community for which it has opted.
5. It will also be possible under the Constitution for any religious
group, in common with other bodies, to have recourse as a group to the
Supreme Constitutional Court to complain of any breach of the Constitution
or abuse of power directly affecting the group as a body.
6. Finally the Constitution will provide for members of the smaller
religious groups to enjoy no less extensive rights in respect of religious
matters than they enjoyed in law before the Constitution came into force,
and matters of personal status will be under the jurisdiction of the religious
groups themselves. In respect of education and cultural matters, the Presidentelect
and the VicePresidentelect have given an assurance that the smaller religious
groups need have no fear that they will be at a disadvantage in future
in the allocation of public funds.
APPENDIX F
Statement issued from the Commonwealth
Relations Office on the
20th of January, 1960
CYPRIOT LEADERS MEET COMMONWEALTH
SECRETARY
DISCUSSION ON FUTURE RELATIONSHIP WITH
THE
COMMONWEALTH
Archbishop Makarios and Dr. Kutchuk called again on the
Commonwealth Secretary, Lord Home, this morning. A further discussion took place on the
continuing links which the new Republic of Cyprus might have with the Commonwealth after
Independence.
It was agreed that the question of Cyprus's future
association with the Commonwealth must be left for consideration by the Cypriot House of
Representatives meeting after Independence.
Archbishop Makarios and Dr. Kutchuk requested that the
United Kingdom Bill providing for the Independence of Cyprus should be prepared in a form
which would make this possible and that it should also provide for Cyprus in the meantime
to continue to be treated under United Kingdom law in the same way as the independent
countries of the Commonwealth.
The Secretary of State explained that if the Government of
the Republic of Cyprus should transmit an application to Her Majesty's Government for
Membership of the Commonwealth, this would be a matter for decision not by the United
Kingdom Government alone but by all the existing Member
Governments of the Commonwealth.
APPENDIX G
ACCESS TO ORMIDHIA, XYLOTYMBOU AND
DHEKELIA
POWER STATION
Draft Exchange of Notes between the Representative of
the United Kingdom authorised to sign the Treaty of Establishment and Archbishop Makarios
and Dr. Kutchuk
A.-Draft Note to Archbishop Makarios and Dr. Kutchuk
Your Excellencies,
I have the honour to refer to the discussions during the
drawing up of the Treaty concerning the establishment of the Republic of Cyprus of
today's date, and to the question raised during those discussions about passage across
the territory of the United Kingdom Sovereign Base Areas to and from the the two villages
of Ormidhia and Xylotymbou and the Power Station at Dhekelia which are situated in
territory under the Sovereignty of the Republic of Cyprus although surrounded by territory
under the Sovereignty of the United Kingdom of Great Britain and Northern Ireland.
2. I have the honour to propose that persons desiring in
the course of normal life to move from either of these two villages or that Power Station
to the rest of the territory of the Republic of Cyprus or vice versa or from either
village to the other or from either village to the Power Station or vice versa shall,
subject to paragraph 3 below, have freedom of access and communications to and through the
Dhekelia Sovereign Base Area. Such freedom shall include free movement of vehicles,
animals, produce and other property.
3. If, in any exceptional circumstances, the military
requirements or security needs of the United Kingdom should require the restriction or
control of movement within the Dhekelia Sovereign Base Area, the United Kingdom
authorities shall use their best endeavours to ensure that such restriction or control,
which shall be temporary, is exercised in such a way as to avoid any unnecessary or
unreasonable hardship or inconvenience. In such circumstances, special arrangements shall
be made for close and effective consultation between the United Kingdom authorities and
the authorities of the Republic of Cyprus to deal with any questions which may arise in
this connexion.
4. I have the honour to suggest that, if these proposals
are acceptable to the Government of the Republic of Cyprus, this Note, together with your
reply to that effect, shall be regarded as constituting an agreement in this matter
between the Government of the United Kingdom and the Government of the Republic of Cyprus
which shall enter into force on today's date.
B.-Draft Reply by Archbishop Makarios and Dr. Kutchuk
Your Excellency,
We have the honour to acknowledge receipt of your Note
of today's date which reads as follows:-
[text as above]
2. The arrangements set out in that Note are acceptable to
the Government of the Republic of Cyprus and we have the honour therefore to
confirm that that Note, together with this reply, shall constitute an agreement accordingly.
APPENDIX H
BOUNDARY COMMISSION
Draft Exchange of Notes between the Representative of me
United Kingdom authorised to sign the Treaty of Establishment and Archbishop Makarios and
Dr. Kutchuk
.-Draft Note to Archbishop Makarios and Dr. Kutchuk
Your Excellencies,
I have the honour to refer to Section 2 of Annex A to the
Treaty concerning the Establishment of the Republic of Cyprus of today's date and
to propose that the arrangements set out in the following paragraphs of this Note shall
apply to the Boundary Commission referred to in that Section.
2. The Government of the United Kingdom of Great Britain
and Northern Ireland and the Government of the Republic of Cyprus shall appoint 'their
respective representatives for the Boundary Commission as soon as possible after the entry
into force of the Treaty under reference and, in any event, not later than 14 days
thereafter. The Boundary Commission shall begin its work as soon as possible after the
appointment of the representatives and, in any event, not later than one month after the
entry into force of that Treaty.
3. Each Government shall appoint such number of
representatives not exceeding two as they see fit, and may appoint technical advisers to
assist their representatives.
4. The remuneration and expenses of the representatives of
each Government shall be paid by the Government which appoints them. All other expenses of
the Boundary Commission, including the cost of marking the boundary and any fees and
expenses of any independent expert appointed pursuant to paragraph 4 of Section 2 of Annex
A to that Treaty, shall be borne in equal shares by the two Governments.
5. If either Government desires to refer a point in dispute
to an independent expert to be appointed pursuant to paragraph 4 of Section 2 of Annex A
to that Treaty, the two Governments will endeavour to reach agreement on the expert to be
appointed; if, however, the two Governments are unable to reach agreement within one month
of the request of either Government for the appointment of an independent expert, either
Government may request the Swiss Government to nominate an independent expert for the
purpose of determining the questions in dispute and the two Governments shall accept the
person so nominated as the independent expert for the purpose of that paragraph.
6. I have the honour to suggest that, if these arrangements
are acceptable to the Government of the Republic of Cyprus, this Note, together with your
reply to that effect, shall be regarded as constituting an agreement in this matter
between the Government of the United Kingdom and the Government of the Republic of Cyprus
which shall enter into force on today's date.
B.-Draft Reply by Archbishop Makarios and Dr.
Kutchuk
Your Excellency,
We have the honour to acknowledge receipt of your Note of
today's date which reads as follows:-
[text as above]
2. The arrangements set out in that Note are acceptable to
the Government of the Republic of Cyprus and we have the honour therefore to confirm that
your Note, together with this reply, shall constitute an agreement accordingly.
APPENDIX I
SPECIAL ARRANGEMENT RELATING TO SITES
Draft Exchange of Notes between the Representative of
the United Kingdom authorised to sign the Treaty of Establishment and Archbishop Makarios
and Dr. Kutchuk
A.-Draft Note to Archbishop Makarios and Dr. Kutchuk Your
Excellencies,
I have the honour to refer to Part II of Annex B to the
Treaty concerning the Establishment of the Republic of Cyprus of today's date and to
propose that the provisions set out in the Appendix to this Note shall apply to the Sites
and Installations and other items referred to in the Appendix to this Note.
I have the honour to suggest that, if these proposals are
acceptable to the Government of the Republic of Cyprus, this Note together with your reply
to that effect shall be regarded as constituting an agreement in this matter between the
Government of the United Kingdom of Great Britain and Northern Ireland and the Government
of the Republic of Cyprus which shall enter into force on today's date.
B.-Draft Reply by Archbishop Makarios and Dr. Kutchuk Your
Excellency,
We have the honour to acknowledge receipt of your Note of
today's date which reads as follows:
[text as above]
The proposals set out in that Note are acceptable to the
Government of the Republic of Cyprus and we have the honour therefore to confirm that your
Note together with this reply shall constitute an agreement accordingly.
Appendix*
1. In this Appendix
(a) "United Kingdom authorities ", "United
Kingdom vessels" and " Sites " have the same meanings as those expressions
have for the purposes of Annex B to the Treaty to which this Note refers;
(b) references to a Schedule are references to
Schedules A to D to Part II of Annex B to the Treaty to which this Note refers;
(c) reference to the surrender of an area of land from the
area of a Site means that, upon such surrender by the United Kingdom Authorities, the area
of land in question shall cease to form part of the Site, the United Kingdom Authorities
shall vacate it and the appropriate
$ Note: plans
referred to in this Annex are not printed.
provisions of Part IIT of Annex B to the Treaty to which
this Note refers shall apply to it as immovable property which is no longer needed for the
purposes of that Treaty.
Schedule A.3: Site at Mount Olympus
2. (a) The United Kingdom authorities shall give
all reasonable facilities
for passage through the Site to officials of the Republic
of Cyprus and to
persons authorised by the Cyprus Inland Telecommunications
Authority, or
by Cable and Wireless Ltd., so that they can in the course
of duty go to or
come from the Hut situated near the northern boundary of
the Site which has
been excluded from the area of the Site.
(b) If at any time, while this Hut remains in use by the
Cyprus Inland Telecommunications Authority or by Cable and Wireless Ltd., the authorities
of the Republic of Cyprus find that the facilities being granted in accordance with
subparagraph (a) of this paragraph are inadequate to their needs and notify the
United Kingdom authorities of their intention to construct a separate access road to it,
the United Kingdom authorities shall, immediately on being so required, surrender from the
area of the Site the strip of land near the northern boundary which is hatched in blue on
the plan annexed to this Appendix.
Schedule A.9: Site at Famagusta
3. (a) When the slipway situated inside the
boundary of the Site at its western end is not required for use for United Kingdom
vessels, it may be used by other vessels. No permanent obstruction which would impede work
on ships drawn up shall be placed in the area which lies within 8 feet on either side of
the western boundary of the land area of the Site running along the side of the slipway.
The United Kingdom authorities and persons authorised by them shall have reasonable
facilities for passage through the land Iying adjacent to the western boundary of the land
area of the Site so that they can, in the course of duty, go to and come from the slipway
and the hut which lies at the southern end of that boundary and can work on vessels drawn
up at the slipway.
(b) (i) Except when the waters specified in subparagraph
(iii) below are required for use by United Kingdom vessels and the United Kingdom
authorities notify the authorities of the Republic of Cyprus to this effect, the
authorities of the Republic of Cyprus may exercise full navigational control over those
waters.
(ii) In those waters, the United Kingdom authorities shall
not establish any piers, buoys, additional dolphins or other like obstacles to navigation.
(iii) The waters referred to are the waters which lie
within the boundary of the Site and are hatched in blue on the plan annexed to this
Appendix.
(c) After consultation with the authorities of the Republic
of Cyprus, the United Kingdom authorities may undertake dredging operations in the waters
hatched in red on the plan annexed to this Appendix.
Schedule A.10/1: Site at Nicosia Airfield
4. { a) The United
Kingdom authorities shall give all reasonable facilities for passage through the Site to
officials of or persons authorised by the
Republic of Cyprus so that they can in the course of duty
go to and come from the Air Traffic Control Area, which has been excluded from the Site
This Area shall consist of the area round the Control Tower which does not form part of
the Site.
The ground and first floors of the Control Tower shall
remain in the occupation and use of the United Kingdom authorities.
(b) The Government of the United Kingdom shall not require
that, in accordance with paragraph 1 of Section 3 of Part III of Annex B to the Treaty to
which this Note refers, the immovable property constituting the Site be freed from the
rights set out below, whether such rights subsist on the date of the entry into force of
the Treaty aforesaid or, if not subsisting on such date, are created thereafter:-
(i) a right to the owner for the time being of registered
borehole No. 114/59 (which
has been excluded from the area of the Site) to lay through the Site and maintain a
pipeline between the borehole aforesaid and registered borehole No. 67/59 (which has also been excluded from
the area of the Site) and to perform necessary works thereon;
(ii) a right to the owner aforesaid to lay through the Site
and maintain an electricity cable along the route of the pipeline hereinbefore mentioned;
and
(iii) a right of access through the Site to the owner
aforesaid and to persons authorised by him, from registered borehole No. 67/59 to registered borehole No.
114/59 and back.
(c) The aerial farm hatched in red on the plan annexed to
this Appendix, which forms part of the Joint User Area, and is situated to the north of
the Flight Information Centre building, shall be declared a Prohibited Area by the
authorities of the Republic of Cyprus. Notwithstanding its inclusion in the Joint User
Area, the United Kingdom authorities shall have the sole right to guard, defend and, to
the extent necessary to make this right effective, control this Area, but shall freely
permit officials of or persons authorised by the Republic of Cyprus to enter and leave it
and to perform appropriate works on equipment therein.
Schedule A.10/2: Water Supply to Site at Nicosia
Airfield
5. The United Kingdom authorities shall continue to make
available water from boreholes forming part of the Site to the authorities of the Republic
of Cyprus, for purposes connected with the Civil Air Terminal, and to the camp known as
Wayne's Keep. No charge shall be made for the supply of water from those boreholes.
Schedule B.1/2: Water Supply to Site at Polemidhia
6. While the United Kingdom authorities shall continue to
use this Site they shall continue to apply the present arrangements whereby they make
available to the appropriate local authorities of the Republic of Cyprus any surplus water
from the spring at Ayia Irini forming part of the Site which is not required by the United
Kingdom authorities for their own purposes.
Schedu1e B.4: Site in Famagusta on the Larnaca Road
7. If, at any time while the United Kingdom authorities
continue to use this Site, the authorities of the Republic of Cyprus notify the
United Kingdom authorities of their intention to widen that part of the Larnaca Road which
lies along the southern boundary of the Site, the United Kingdom authorities shall, as
soon as the course of works so requires, surrender from the area of the Site that part of
Plot 572 of Block " A ", Ayios Loukas Quarter, Famagusta, to which Public
Instrument No. 1185, dated the 28th of November, 1956, relates.
Schedule B.5: Site on and to the West of the main
Famagusta: Salamis Road
8. If, at any time while the United Kingdom authorities
continue to use
this Site, the authorities of the Republic of Cyprus notify
the United Kingdom authorities of their intention to widen that part of the
FamagustaSalamis Road which lies along the eastern boundary of the Site, the United
Kingdom authorities shall give sympathetic consideration to any requests from the
authorities of the Republic of Cyprus for the surrender from the area of the Site of such
strips of land as may be required for the purpose of widening that road.
Schedule C.3: Installation near Paphos
9. If at any time the authorities of the Republic of Cyprus
require to bring into public use the roadway at present running through the area of the
Installation from its Southern to its Northern boundary, the United Kingdom authorities
shall surrender that roadway from the area of the Installation.
Schedule D.1/2: Installation on the SouthEast
Outskirts of Nicosia
10. The United Kingdom authorities shall remove the cables
which at present project from the northern boundary of the area of the installation on to
land occupied by the authorities of the Republic of Cyprus, if at any time the authorities
of the Republic of Cyprus require such removal for reasons connected with their use of the
land in question. Until such time, the authorities of the Republic of Cyprus shall permit
the cables to remain in their present position and shall allow the United Kingdom
authorities access so that they may go to, come from and perform necessary works on those
cables.
Pipelines, Cables, Channels and other Similar Items
11. In respect of existing rights, whether by virtue of
ownership, lease, licence or other arrangement, to keep and maintain pipelines, cables,
channels and other similar items belonging to the Government of the Republic of Cyprus,
public utility corporations, local government bodies or private individuals and situated
within the area of the Sites or within the area of the installations and related land
listed in Schedules C and D on the date of the entry into force of the Treaty to which
this Note refers:-
(a) the Government of the United Kingdom shall not
require that, in accordance with paragraph 1 of Section 3 of Part III of Annex D3 to that
Treaty, the immovable property constituting the Site or installation concerned be freed
from the existing rights aforesaid unless and until,
in the light of any prospective development of, or in the
use of, the Site or installation concerned, the United Kingdom authorities require that
the Site or installation be so freed; and
(b) the United Kingdom authorities shall not unreasonably
withhold permission to officials of the Republic of Cyprus, public utility corporations,
local government bodies, or private individuals, and to persons authorised by them, so
that, having good reason they can go to, come from, and perform necessary works on the
pipelines, cables channels and other items aforesaid, situated within such installations.
APPENDIX J
VERY SHORTTERM SITES
Draft Exchange of Notes between the Representative of
the United Kingdom authorised to sign the Treaty of Establishment and Archbishop Makarios
and Dr. Kutchuk
A.-Draft Note to Archbishop Makarios and Dr. Kutchuk Your
Excellencies,
I have the honour to refer to the Treaty concerning the
Establishment of the Republic of Cyprus of today's date. In the course of the
negotiations leading up to that Treaty, it became clear that the Government of the United
Kingdom of Great Britain and Northern Ireland would require the use of three Sites not
referred to in that Treaty for a very short period after it had come into force; these
Sites, of which detailed plans* are attached to this Note, are located as follows:-
L.1. To the west of Nicosia. L.2. At Nicosia. L.3. On the
coast south of Famagusta.
1 have the honour accordingly to propose that the
Government of the United Kingdom shall continue to use these Sites for a period not
exceeding six months after the date of entry into force of the Treaty, and that until the
end of that period or until the Government of the United Kingdom notify the Government of
the Republic of Cyprus that they no longer wish to use those Sites, whichever is the
sooner, they shall be regarded as if they were " Sites " listed in Schedule B to
Part II of Annex B to the Treaty, and the Treaty, including the Annexes to it, shall apply
to them as it applies to the other Sites listed in that Schedule.
2. I have the honour to suggest that, if these proposals
are acceptable to the Government of the Republic of Cyprus, this Note, together with your
reply to that effect, shall be regarded as constituting an agreement in this matter
between the Government of the United Kingdom and the Government of the Republic of Cyprus
which shall enter into force on today's date.
B.-Draft Reply by Archbishop Makarios and Dr. Kutchuk Your
Excellency,
We have the honour to acknowledge receipt of your Note of
today's date which reads as follows:
[text as above]
2. Copies of the plans attached to your Note are also
attached hereto.
3. The proposals set out in that Note are acceptable to the
Government of the Republic of Cyprus and we have the honour therefore to confirm that your
Note. together with this reply, shall constitute an agreement accordingly.
* Not printed.
APPENDIX K
CROWN PROPERTIES IN THE SOVEREIGN BASE AREAS
Draft Exchange of Notes between the Representative of
the United Kingdom authorised to sign the Treaty of Establishment and Archbishop Makarios
and Dr. Kutchuk
A.-Draft Note to Archbishop Makarios and Dr. Kutchuk Your
Excellencies,
I have the honour, with reference to Sections 1 and 4 of
Annex E to the Treaty concerning the establishment of the Republic of Cyprus of today's
date, to propose that:
(a) the properties in the Akrotiri Sovereign Base Area and
in the Dhekelia Sovereign Base Area, described in the Schedule attached to this Note and
indicated on the plans annexed thereto, shall be transferred to the Republic of Cyprus and
the necessary legal steps to effect their transfer in accordance with the law in force in
the said areas shall be taken as soon as possible;
(b) subject to the military requirements and security needs
of the United Kingdom of Great Britain and Northern Ireland and provided that any actual
expenditure incurred by the Government of the United Kingdom in acquiring any private land
is reimbursed to the Government of the United Kingdom, sympathetic consideration shall be
given to any request from the Government of the Republic of Cyprus for transfer to the
Republic of the property within those areas in which archaeological remains of public
interest are in future discovered; and
(c) where property is transferred to the Republic of Cyprus
under the proposals contained in this Note, rights of access to be agreed shall be granted
in connexion with the property concerned.
2. I have the honour further to propose that the Republic
of Cyprus shall have the sole right to use and develop the salt lake at Akrotiri for
economic, commercial, industrial and all other civilian purposes; this right shall not be
in any way limited except in so far as is necessary for the military requirements and
security needs of the United Kingdom.
3. I have the honour to suggest that if the above proposals
are acceptable to the Government of the Republic of Cyprus, this Note, together with your
reply to that effect, shall be regarded as constituting an agreement in this matter
between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Republic of Cyprus which shall enter into force on today's date.
SCHEDULE OF PROPERTIES
Number Shown
on the Plans
Annexed Description
(1) Part of the site and remains of Curium.
(2) The Sanctuary of Apollo Hylates near Curium.
(3) The Stadium of Curium.
(4) The ancient cemetery at Ayios Ermoyenis near Curium.
(5) Pumphouse and borehole supplying water to the Power
Station of the Electricity Authority of Cyprus together
with existing rights to lay and maintain a pipeline and
electricity cable to that Power Station.
(6) Borehole supplying water to Akhna Police Station
together
with existing rights to lay and maintain a pipeline and
electricity cable between that borehole and that Police
Station.
(7) That part which is situated within the Dhekelia
Sovereign
Base Area of the grounds of the Pergamos School.
(8) Movable property in use at the Agricultural Station at
Evdhimou.
(9) Movable property in use at the nursery ground at
Xylotymbou.
The areas of the immovable properties numbered (1), (2),
(3), (4), (5), (6) and (7) are as so numbered and coloured red on the annexed plans*.
B.-Draft Reply by Archbishop Makarios and Dr. Kutchuk Your
Excellency,
We have the honour to acknowledge receipt of your Note of
today's date which reads as follows:-
[text as A]
2. Copies of the Schedule attached to your Note and of the
plans annexed to the Schedule are also attached hereto.
3. The proposal set out in that Note is acceptable to the
Government of the Republic of Cyprus and we have the honour therefore to confirm that your
Note, together with this reply, shall constitute an agreement accordingly.
* Not printed.
APPENDIX L
IDENTIFICATION OF LOANS
Draft Note from the Representative of the United Kingdom
authorised to sign the Treaty of Establishment to Archbishop Makarios and Dr. Kutchuk
Your Excellencies,
I have the honour to refer to the Treaty concerning the
Establishment of the Republic of Cyprus of today's date and, as has been agreed between
us to place on record that the following are the loans referred to in paragraph 3 (b) (ii)
of Section 2 of Annex E thereof:-
(1) The loan of one million one hundred thousand pounds
sterling made on the 28th October, 1959, for general development;
(2) the loan of sixtyfour thousand five hundred pounds
made under Colonial Development and Welfare Scheme No. D 3813 of 1959 for village
irrigation; and
(3) the loan of one hundred and sixty thousand pounds
sterling made under Colonial Development and Welfare Scheme No. D 3827 of 1959 for Morphou
Bay water supply;
to the extent that the amounts of the loans have been
advanced to the Government of the Colony or will have been so advanced on the date of
entry into force of the Treaty.
I have the honour, &c.
Draft Reply by Archbishop Makarios and Dr. Kutchuk
Your Excellency,
We have the honour to acknowledge receipt of your Note of
today's date, which reads as follows:-
[text as above]
We have the honour, &c. APPENDIX M
CUSTOMS DUTIES
Draft Exchange of Notes between the Representative of the United
Kingdom authorised to sign the Treaty of Establishment and Archbishop Makarios and Dr. Kutchuk
A.-Draft Note to Archbishop Makarios and Dr. Kutchuk
Your Excellencies,
I have the honour, with reference to subparagraph (b) of
paragraph 4 of Section 11 of Annex C and Section 7 of Annex F to the Treaty concerning the
Establishment of the Republic of Cyprus of today's date, to set out the arrangements
which were agreed between us as follows:-
(a) Importation into the territory of the Republic
of Cyprus or into the United Kingdom Sovereign Base Areas by the Navy, Army and Air Force
Institutes (in this Note referred to as " NAAFI ") of beer, ale, porter and
stout, originating in and consigned from any country
within the British Commonwealth, manufactured tobacco,
whisky and gin and other potable spirits (excluding wines) shall be free of duty.
(b) Importation into the territory of the Republic
of Cyprus or into the United Kingdom Sovereign Base Areas by NAAFI of beer, ale, porter
and stout originating in or consigned from any country not within the British Commonwealth
shall be liable to import duty at agreed rates and initially at the rate of 120 mils per
gallon.
(c) Importation free of duty as provided by subparagraph
(a) and importation at a special rate of duty as provided by subparagraph (b)
above shall not exceed the quantities for each person
permitted in accordance with the scales applied to members of Her Majesty's Forces
immediately before the entry into force of the Treaty.
(d) NAAFI shall not offer for sale in the territory of the
Republic of Cyprus or in the United Kingdom Sovereign Base Areas any of the goods listed
in Appendix I to this Note unless such goods have been locally purchased or any duty
payable on their importation has been paid.
(e) Any duty paid by NAAFI on the importation of goods
shall be refunded to it, unless such duty has been paid on the importation of-
(i) any goods specified in subparagraph (b) above;
(ii) any excess over the quantities referred to in
subparagraph (c) above; or
(iii) any goods listed in Appendix I to this Note.
(f) Beer manufactured locally and delivered to or on behalf
of NAAFI in the territory of the Republic of Cyprus or in the Sovereign Base Areas shall
be chargeable to excise duty at agreed rates and initially at 50 mils per gallon.
(g) Retail sales by NAAFI of all goods, with the exception
of those imported free of duty as provided by subparagraph (a) or imported at a special
rate of duty as provided by subparagraph (b) above, shall be at retail prices in line
with those prevailing in reputable local shops.
(h) Arrangements shall be made, where practicable and
reasonable, for goods imported free of duty and sold by NAAFI to be marked in such a way
as to show that the sale was by NAAFI.
(i) Shops established by NAAFI in the territory of the
Republic of Cyprus elsewhere than within the boundaries of the Site numbered A10/ 1 and of
the area numbered C2/ 1 in Schedules A and C respectively to Part II of Annex B to the
Treaty shall not offer for sale any of the goods (other than wines and kerosene) listed in
the Appendices to this Note unless such goods have been locally purchased. Effect shall be
given to the provision of this paragraph as soon as possible and in any event within six
months from the date of entry into force of the Treaty.
(j) Arrangements shall be made for NAAFI and the United
Kingdom authorities to maintain and scrutinise individual records of sales with a view to
ensuring that purchases are made in reasonable quantities and for the legitimate use of
persons authorised to make those purchases.
(k) There shall be cooperation between the United Kingdom
authorities and the authorities of the Republic of Cyprus in all matters relating to the
application of the provisions of this Note and for this purpose full use shall be made of
the Committee to be established under Annex F to the Treaty.
(1) The arrangements set out in this Note shall be reviewed
by the United Kingdom authorities and the authorities of the Republic of Cyprus with a
view to agreeing such changes as may be desirable in the light of any recommendations of
the Special Committee on Customs Arrangements established for this purpose and from time
to time in the light of practical experience.
2. I have the honour to suggest that, if these arrangements
are acceptable to the Government of the Republic of Cyprus, this Note, together with your
reply to that effect, shall be regarded as constituting an agreement in this matter
between the Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Republic of Cyprus which shall enter into force on today's date.
APPENDIX I
Agricultural machinery
Building and construction materials
Expensive fur coats
Explosives other than cartridges
Industrial machinery
Motor cars and motor bicycles, and spare parts for motor
cars and motor
bicycles, of a model and type easily obtainable from or
through agents
in the Republic of Cyprus
Petrol and kerosene
Precious stones Television sets, unless and until the
United Kingdom establishes television facilities for United Kingdom personnel in the
island of Cyprus
Wines
APPENDIX II All domestic electric tools and appliances All
electrical musical equipment Kitchen utensils Crockery, glassware and cutlery Musical
instruments Typewriters Beach and garden furniture and equipment Travel goods Vacuum
flasks and containers Photographic equipment Electric razors Prams, baby carriages and
nursery furniture Sports equipment Major items of household equipment Expensive watches or
clocks Expensive cigarette lighters Expensive fountain pens Clothing and footwear.
B.-Draft Reply by Archbishop Makarios and Dr. Kutchuk
Your Excellency,
We have the honour to acknowledge the receipt of your Note
of today's
[text as above including the Appendices]
2 The arrangements set out in that Note are acceptable to
the
Government of the Republic of Cyprus and we have the honour
therefore to confirm that that Note, together with this reply, shall constitute an
agreement accordingly.
SPECIAL COMMITTEE ON CUSTOMS ARRANGEMENTS
Draft Letter from the Governor to Archbishop Makarios
and Dr. Kutchuk
During the discussion of paragraph 4 of Section 11 of Annex
C to the Draft Treaty concerning the Establishment of the Republic of Cyprus, it was
proposed that a Committee, composed of representatives nominated by the Government of the
United Kingdom and by the Presidentelect and the VicePresidentelect of the Republic
of Cyprus, should be estanlished to consider and, as soon as possible, make
recommendations on suitable arrangements for the purposes of subparagraph (b) of
that paragraph, having regard in particular to-
(a) the welfare of the United Kingdom forces in the Island
of Cyprus;
(b) the avoidance of damage to the economy of the
Republic of Cyprus;
(c) the prevention of abuse of the customs privileges to be
accorded under subparagraph (b) of paragraph 4 of Section 11 of Annex C; and
(d) the arrangements mentioned in the agreement set
out in the agreed draft of the Notes to be exchanged, with reference to that
subparagraph and Section 7 of Annex F to the Treaty, between the Government of the
United Kingdom and the Presidentelect and VicePresidentelect of the Republic of
Cyprus on the entry into force of the Treaty of Establishment.
It was also proposed that the Committee should consult as
they may think necessary representatives of the Cypriot Chambers of Commerce and of the
Navy, Army and Air Force Institutes.
If the above proposals for the establishment of a Committee
are acceptable to you, I shall take immediate steps for it to be convened.
APPENDIX N
MOSTFAVOUREDNATION TREATMENT
Draft Exchange of Notes between the Representative of
Greece/Turkey authorised to sign the Treaty of Establishment and Archbishop Makarios and
Dr. Kutchuk
A.-Draft Note from Archbishop Makarios and Dr. Kutchuk Your
Excellency,
We have the honour, with reference to the Treaty concerning
the Establishment of the Republic of Cyprus of today's date, to propose that Part II of
Annex F to the Treaty shall not require the Republic to offer to enter into any agreement
to extend to the Kingdom of Greece/Republic of Turkey the benefit of any preferences in
respect of import duties or charges which are from time to time granted to any one or more
of the territories enumerated in the following list:-
The United Kingdom of Great Britain and Northern Ireland;
The Commonwealth of Australia; Burma; Canada; Ceylon; Ghana; India; The Republic of
Ireland; The Federation of Malaya; New Zealand; Pakistan; The Federation of Rhodesia and
Nyasaland; The Union of South Africa;
Territories for the international relations of which the
Government of any of the territories listed above is responsible at the date of entry into
force of the Treaty.
2. We have the honour to suggest that, if this proposal is
acceptable to the Government of the Kingdom of Greece/Republic of Turkey, this Note
together with your reply to that effect, shall be regarded as constituting an agreement in
this matter between the Government of the Kingdom of Greece/Republic of Turkey and the
Government of the Republic of Cyprus which shall enter into force on today's date.
B.-Draft Reply to Archbishop Makarios and Dr. Kutchuk
Your Excellencies,
I have the honour to acknowledge receipt of your Note of
today's date which reads as follows:-
[text as above]
2. The proposal set out in that Note is acceptable to the
Government of the Kingdom of Greece/Republic of Turkey and I have the honour, therefore,
to confirm that your Note, together with this reply, shall constitute an agreement
accordingly.
Draft Exchange of Letters between the Representative of
the United Kingdom authorised to sign the Treaty of Establishment and
Archbishop Makarios and Dr. Kutchuk
A.-Draft Letter from Archbishop Makarios and Dr. Kutchuk
Your Excellency,
We have the honour, with reference to Part II of Annex F to
the Treaty concerning the Establishment of the Republic of Cyprus of today's date, to
transmit herewith copies of Notes exchanged this day between the Government of the
Republic of Cyprus and the Governments of the Kingdom of Greece and of the Republic of
Turkey respectively and to request your confirmation that the agreements constituted
thereby are satisfactory to the Government of the United Kingdom of Great Britain and
Northern Ireland.
B.-Draft Letter to Archbishop Makarios and Dr. Kutchuk
Your Excellencies,
I have the honour to acknowledge receipt of your letter of
today's date transmitting, with reference to Part II of Annex F to the Treaty concerning
the Establishment of the Republic of Cyprus of today's date, copies of Notes exchanged
this day between the Government of the Republic of Cyprus and the Governments of the
Kingdom of Greece and of the Republic of Turkey respectively and to confirm that the
agreements constituted thereby are satisfactory to the Government of the United Kingdom of
Great Britain and Northern Ireland.
APPENDIX O
DECLARATION BY HER MAJESTY'S GOVERNMENT
REGARDING
THE ADMINISTRATION OF THE SOVEREIGN BASE
AREAS
Declaration by Her Majesty's Government regarding the
Administration of the Sovereign Base Areas, being those Areas mentioned in Article 1 of
the Treaty concerning the Establishment of the Republic of Cyprus which remain under the
Sovereignty of the United Kingdom
Her Majesty's Government declare that the main objects to
be achieved
(1) Effective use of the Sovereign Base Areas as military
bases.
(2) Full cooperation with the Republic of Cyprus.
(3) Protection of the interests of those resident or
working in the Sovereign
2. Her Majesty's Government further declare that their
intention
(i) Not to develop the Sovereign Base Areas for other than
military
(ii) Not to set up and administer " colonies ".
(iii) Not to create customs posts or other frontier
barriers between the Sovereign Base Areas and the Republic.
(iv) Not to set up or permit the establishment of civilian
commercial or industrial enterprises except in so far as these are connected with military
requirements, and not otherwise to impair the economic commercial or industrial unity and
life of the Island.
(v) Not to establish commercial or civilian seaports or
airports.
(vi) Not to allow new settlement of people in the Sovereign
Base Areas other than for temporary purposes.
(vii) Not to expropriate private property within the
Sovereign Base Areas except for military purposes on payment of fair compensation.
3. With these purposes in mind, and subject to their
military requirements and security needs, Her Majesty's Government make the following
declaration
(1) Freedom of Access
Cypriots (and others resident in the Republic) will have
freedom of access and communications to and through the Sovereign Base Areas, and of
employment and cultivation in the Sovereign Base Areas and freedom of navigation and
fishing in the territorial waters
(2) Legislation
The laws applicable to the Cypriot population of the
Sovereign Base
Areas will be as far as possible the same as the laws of
the Republic.
(3) Protection of Cypriot Rights
The rights of Cypriots (and others resident in the
Republic) and Cypriot communities and corporations in regard to property will be fully
protected.
(4) Public Services
The Republic will be invited to provide a wide range of
public services to be performed for Cypriots in the Sovereign Base Areas. These will
include Education, Agriculture, Cooperative Development, Labour and Social Insurance,
Social Welfare, Health and Medical Services, Postal Services, Forestry Services and
Statistics. In addition Cypriot public utility services will be free to operate in the
Sovereign Base Areas.
(5) Antiquities
The ancient monuments and antiquity sites specified in the
schedule to this Declaration will be administered and maintained by the Republic. Licences
for antiquity excavation will be issued by the Republic but will be subject to the consent
of the authorities of the Sovereign Base Areas. Movable antiquities found in excavations
or discovered will be the property of the Republic.
(6) Water Control
Subject only to military requirements and security needs
being met, the policy to be carried out in regard to water control in the Sovereign Base
Areas will be considered and decided by a joint committee.
(7) Customs
The Republic will be invited to collect and keep such
customs duties as may, by arrangement, be levied on goods imported through ports in the
Republic and destined for the Sovereign Base Areas. Arrangements will be made for the
Republic to receive customs duties on commercial and personal imports, if any, collected
by the authorities of the Sovereign Base Areas.
(8) Taxes
Taxes, rates and fees payable by Cypriots or in respect of
Cypriot property in the Sovereign Base Areas will be as far as possible the same as those
in the Republic. The Republic will be invited to collect and keep taxes, rates and fees
due from Cypriots resident or working in the Sovereign Base Areas or payable by Cypriots
on privately owned or occupied immovable property therein. (This will apply also to taxes,
rates and fees due from nonCypriot residents and workers, exclusive of military
personnel, civilians working with them and their families).
(9) Currency and Exchange Control
The currency of the Republic will be legal tender in the
Sovereign Base Areas and the Exchange Control Regulations in the Sovereign Base Areas will
be coordinated with those in the Republic.
(10) Mining
The Republic will be invited to collect and keep revenue
derived from any royalties due or taxes payable on minerals obtained in the Sovereign
Base Areas, and fees in respect of mining and prospecting licences, and for these purposes
will be invited to issue licences in relation to these matters, subject to the consent and
control of the authorities of the Sovereign Base Areas. These arrangements will not apply
to stone, shingle, sand, gravel or other building and construction materials obtained by,
or to mining and prospecting for such materials by, the United Kingdom authorities, or
their contractors and others acting on their behalf.
(11) Land Registration
Arrangements will be made for the Land Registry of the
Republic to perform, in relation to privatelyowned land in the Sovereign Base Areas, the
same functions relating to the issue of titles and the execution of transfers and
ancillary services as are performed by the Land Registry of the Republic in regard to
privatelyowned land in
(12) Civil Proceedings Arrangements will be made to
enable legal proceedings concerning civil rights and obligations in which all the parties
are Cypriot take place m the Courts of the Republic, and for the enforcer within the
Sovereign Base Areas of the judgments and orders of Courts in such proceedings.
(13) Criminal Proceedings Arrangements will also be
made to enable certain criminal proceedings which both the complainant and accused are
Cypriots to be by the Courts of the Republic.
(14) Prisons
Cypriots tried in the Courts of the Republic in pursuance
of such arrangements will, if convicted and sentenced
to imprisonment, serve
their sentences in the Prisons of the Republic.
(15) Police There will be cooperation between the
Police and the Gendarmerie of the Republic and the Police of the Sovereign Base Areas for
prevention and detection of crime and facilities will be given to the Police and
Gendarmerie of the Republic for the investigation offences triable by the Courts of the
Republic.
(16) Assessment Tribunals Where compulsory
acquisition or requisition of private land necessary for military purposes, the
authorities of the Sovereign Base Areas will normally invite an assessor appointed by the
Rep to assist the tribunal concerned in regard to compensation.
(17) District Officers
The District Officers of the Republic will be invited to
perform such administrative duties in relation to Cypriots within the Sovereign Base Areas
as may be agreed by the authorities of the Sovereign Base Areas and the Republic.
(18) Labour
Cypriot labour, staff and contractors will be employed in
the Sovereign Base Areas in accordance with the provisions of the Treaty of Establishment.
(19) Commerce and Industry
The Republic will be invited to carry out in the Sovereign
Base Areas the registration of companies and partnerships and such other administrative
functions as may be agreed in the sphere of commerce, industry, transport and employment.
4. It is understood that-
(a) there will be no discrimination by the
authorities of the Republic against those who live or work in the Sovereign Base Areas;
(b) expenses incurred in the exercise of any
functions or services performed by the Republic in accordance with these arrangements will
be borne by the Republic.
5. Her Majesty's Government are willing to cooperate with
the Republic in the establishment as soon as possible of a Joint Consultative Board to
advise the authorities of the Republic and those of the Sovereign Base Areas on such
arrangements as may be necessary from time to time to give effect to the intentions of Her
Majesty's Government set out in this Declaration. It is
intended that this machinery of consultation and
cooperation should apply to all aspects of this Declaration. It could also deal with
questions of water supplies through the joint committee referred to in Annex B, Part II,
Section 8 (3) of the Treaty concerning the Establishment of the Republic of Cyprus.
SCHEDULE
(Paragraph 3, Clause (5) )
The following monuments and sites as delineated on the
relative plans deposited with the Department of Lands and Surveys in Nicosia, the District
Office of Limassol and the appropriate United Kingdom authorities in the Akrotiri
Sovereign Base Area.
(1) The Site and remains of Curium.
(2) The Sanctuary of Apollo Hylates near Curium.
(3) The Stadium of Curium
(4) The ancient Cemetery at Ayios Ermoyenis near Curium.
(5) The Church and remains of the Monastery of St. Nicholas
of the Cats.
Draft United Kingdom Letter to Archbishop Makarios and
Dr. Kutchuk
Your Excellencies,
I have the honour to transmit herewith to Your Excellencies
the text of the Declaration made by the Government of the United Kingdom of Great Britain
and Northern Ireland regarding the administration of the Sovereign Base Areas, being those
areas mentioned in Article 1 of the Treaty concerning the establishment of the Republic of
Cyprus which remain under the sovereignty of the United Kingdom.
I have the honour further to inform Your Excellencies that
the Government of the United Kingdom desire to assure the Government of the Republic of
Cyprus that they are determined to stand by that Declaration and thereby to create a
continuous and lasting system of administration in the Sovereign Base Areas founded on
close cooperation between the authorities of those areas and the authorities of the
Republic of Cyprus.
The Government of the United Kingdom, in their desire that
no difficulties should arise from the application of that Declaration, and in order to
give effect to what is stated above, are determined to make the necessary practical
Your Excellencies,
We have the honour to acknowledge receipt of your letter of
today's date
Draft Reply by Archbishop Makarios and Dr. Kutchuk
[Insert text of the letter]
We have taken due note of the contents of this letter. APPENDIX P
FUTURE OF SOVEREIGN BASE AREAS
Draft Exchange of Notes between the Representative of the
United Kingdom authorised to sign the Treaty of Establishment and Archbishop Makarios and
Dr. Kutchuk
A.-Draft Note to Archbishop Makarios and Dr. Kutchuk Your
Excellencies,
I have the honour to refer to the Sovereign Base Areas
mentioned in Article I of the Treaty concerning the establishment of the Republic of
Cyprus and in this connexion to state that the Government of the United Kingdom of Great
Britain and Northern Ireland do not intend to relinquish their sovereignty or effective
control over the Sovereign Base Areas and that therefore the question of their cession
does not arise.
B.-Draft Reply by Archbishop Makarios and Dr. Kutchuk Your
Excellency,
We have the honour to acknowledge receipt of your Note of
today's date, which reads as follows:-
[Text as A above]
2. We wish, on behalf of the Government of the Republic of
Cyprus, to assure you that the Republic of Cyprus will not demand that the United Kingdom
should relinquish their sovereignty or effective control over the Sovereign Base Areas. In
the event, however, that the Government of the United Kingdom, in view of changes in their
military requirements, should at any time decide to divest themselves of the aforesaid
sovereignty or effective control over the Sovereign Base Areas, or any part thereof, it is
understood that such sovereignty or control shall be transferred to the Republic of
Cyprus.
C.-Draft Note to Archbishop Makarios and Dr. Kutchuk
Your Excellencies,
I have the honour to acknowledge receipt of your Note of
today's date which reads as follows:-
[Text as B above]
2. I have the honour further to state that the Government
of the United Kingdom are in full agreement with the views contained in that Note.
APPENDIX Q
COLONIAL STOCK
Draft Exchange of Notes between the Representative of
the United Kingdom authorised to sign the Treaty of Establishment and Archbishop Makarios
and Dr. Kutchuk
A.-Draft Note to Archbishop Makarios and Dr. Kutchuk
Your Excellencies,
I have the honour to refer to the Treaty concerning the
Establishment of the Republic of Cyprus of today's date, and to request you to confirm
that the Republic of Cyprus undertakes that it will submit to the jurisdiction of United
Kingdom Courts in any action which may be brought in respect of stock which has, whether
before or after the date of entry into force of that Treaty, been registered in the United
Kingdom in accordance with the Acts of the Parliament of the United Kingdom known as the
Colonial Stock Acts, 1877 to 1948, as from time to time amended.
2. I have the honour to suggest that, if the undertaking
proposed above is acceptable to the Government of the Republic of Cyprus, this Note,
together with your reply to that effect, shall be regarded as constituting an agreement in
this matter between the Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the Republic of Cyprus which shall enter into force on
today's date.
B.-Draft Reply by Archbishop Makarios and Dr. Kutchuk
Your Excellency,
We have the honour to acknowledge receipt of your Note of
today's date which reads as follows:-
[text as above]
2. The Government of the Republic of Cyprus hereby gives
the undertaking requested in that Note and we have the honour therefore to confirm that
that Note, together with this reply, shall constitute an agreement accordingly. APPENDIX R
FINANCIAL ASSISTANCE TO THE REPUBLIC OF CYPRUS
Draft Exchange of Notes between the Representative of the
United Kingdom authorised to sign the Treaty of Establishment and Archbishop Makarios and
Dr. Kutchuk
A.-Draft Note to Archbishop Makarios and Dr. Kutchuk
Your Excellencies,
I have the honour to refer to discussions on financial
matters which took place during the negotiations leading up to the Treaty
concerning the Establishment of the Republic of Cyprus of today's date. In the course of
these discussions, agreement was reached between us on the following arrangements:-
(a) the Government of the United Kingdom of Great
Britain and Northern Ireland shall pay to the Government of the Republic of Cyprus, by way
of grant, the sum of Ј12 million during the period of five years ending on the 31st March, 1965. This sum shall be made available as follows:-
In the financial year ending on the 31st March, 1961,
Ј4,000,000.
In the financial year ending on the 31st March, 1962,
Ј3,000,000.
In the financial year ending on the 31st March, 1963,
Ј2,000,000.
In the financial year ending on the 31st March, 1964,
Ј1,500,000.
In the financial year ending on the 31st March, 1965,
Ј1,500,000.
(b) In addition to the sum of Ј12 million mentioned in
subparagraph (a) above, the Government of the United Kingdom shall
(i) pay to the Government of the Republic, by way of grant, the sum of Ј500,000 towards the construction of a new Civil Air Terminal at Nicosia Airport;
(ii) pay to the Government of the Republic, by way of grant, a sum not exceeding Ј500,000, to be paid in accordance with detailed arrangements to be agreed within the principles set out in the Schedule hereto, for inhabitants of Akrotiri who desire to leave Akrotiri and settle within the territory of the Republic of Cyprus;
(iii) pay to the Government of the Republic, by way of grant, a sum no. exceeding Ј340,000 towards the cost of constructing roads within the territory of the Republic for the purpose of bypassing the Ayios Nikolaos region of the Dhekelia Sovereign Base Area; and
(iv) on a request by the Government of the Republic for financial assistance towards an extension of the electricity supply in the Island of Cyprus, make a loan in an amount and on terms to be agreed between the two Governments, such terms to be comparable to those generally applicable at the time to loans being made by the Government of the United Kingdom to independent member countries of the Commonwealth.
(c) Within the period of six months immediately before the
31st March, 1965, and before the end of each succeeding period of five years, the
Government of the United Kingdom shall review, in consultation with the Government of the
Republic, the provisions of subparagraph (a) of this paragraph and, taking all factors
into account, including the financial requirements of the Government of the Republic,
shall, after full consultation with the Government of the Republic, determine the amount
of financial aid to be provided to that Government in the following period of five years.
(d) Except as
may be provided in the abovementioned Treaty or as may today otherwise have been
agreed and recorded between us, the Government of the Republic shall not make any claims
against the Government of the United Kingdom and the Government of the United Kingdom
shall not make any claims against the Government of the Republic arising or purporting to
arise out of or in connexion with either the administration of Cyprus or the establishment
of the Republic of Cyprus.
2. I have the honour to suggest that, if the above
arrangements are acceptable to the Government of the Republic, this Note, together with
your reply to that effect, shall constitute an agreement in this matter between the
Government of the United Kingdom and the Government of the Republic which shall enter into
force on today's date.
B.-Reply by Archbishop Makarios and Dr. Kutchuk
Your Excellency,
We have the honour to acknowledge the receipt of your Note
of today's date which reads as follows:-
[text as above]
2. The proposals set out in that Note are acceptable to the
Government of the Republic of Cyprus and we have the honour therefore to confirm that your
Note, together with this reply, shall constitute an agreement accordingly.
SCHEDULE
The following are the principles referred to in paragraph 1
(b) (ii) of this Note:-
(a) resettlement will not be compulsory;
(b) there will be no organised resettlement of the whole
community;
resettlement will be carried out on a voluntary and
individual basis;
(c) those who leave will keep their agricultural land and
other property;
(d) those who leave
will not be allowed to return to their houses for permanent residence;
(e) the Republic will be responsible for administering the
resettlement scheme;
(f) payments by the Government of the United Kingdom will
not exceed expenditure incurred under
the resettlement scheme;
(g) applications for a resettlement grant will be
considered only if made within one year from today's date;
(h) villagers will be eligible for a resettlement grant
only if on moving into the Republic they have no
nationality other than that of the Republic. APPENDIX S
FINANCIAL LIABILITIES OUTSTANDING AT THE DATE OF INDEPENDENCE
Draft Exchange of Notes between the Representative of the
United Kingdom authorised to sign the Treaty of Establishment and Archbishop Makarios and
Dr. Kutchuk
A..-Draft Note to Archbishop Makarios and Dr. Kutchuk
Your Excellencies,
I have the honour, with reference to the discussions
leading to the Exchange of Notes between us of today's date on financial matters, to
confirm our understanding that there are certain financial matters to be settled outside
the terms of those Notes and accordingly to set out the following arrangements agreed
between us in connexion with those matters:-
(a) The Government of the United Kingdom shall pay to the
Government of the Republic all sums which may be owing immediately before today's date
to the Government of the Colony in respect of works and services carried out, and of
disbursements made, before today's date by the Government of the Colony, for and on
behalf of the Government of the United Kingdom on a repayment basis, including
(i) pensions and other like allowances;
(ii) the agreed share of the Government of the United Kingdom in the cost of the Flight Information Centre, Nicosia, (being half of the salaries and other expenses of the centre), including the agreed part of the cost of supplementary air traffic controllers temporarily introduced during July, 1958,
(iii) payments made towards the maintenance of destitute persons in Egypt and the evacuation of certain persons from Egypt;
(iv) expenditure incurred on the construction of the following: Episkopi bypass: Akhna bypass: DhekeliaPergamos road: and certain road works in the vicinity of Ormidhia;
(v) payments made in respect of the requisitioning or acquisition (compulsorily or otherwise) by the Government of the Colony of property for and on behalf of the Government of the United Kingdom;
(vi) payments for the construction and maintenance of camps in the Paphos district.
(b) The Government of the Republic shall pay to the
Government of the United Kingdom
(i) all sums which may be owing immediately before today's date by the Government of the Colony in respect of works and services carried out, and of disbursements made before today's date by the Government of the United Kingdom, for and on behalf of the Government of the Colony on a repayment basis.
(ii) monies repayable to the Government of the United Kingdom or authorised Service Organisations of the United Kingdom, according to the law or administrative practice of the Government of the Colony obtaining immediately before today's date, in respect of any refund or drawback of customs duties paid on goods or stores imported before today's date.
(c) The Government of the United Kingdom shall, in respect
of any property requisitioned before today's date by the Government of the Colony for
the use of the Government of the United Kingdom, discharge, or reimburse to the Government
of the Republic payments made to discharge, any liability towards a third party which may
be outstanding immediately before today's date, according to the law or administrative
practice in force immediately before today's date.
(d) (i) The Government of the United Kingdom shall pay to
the Government of the Republic, and the Government of the Republic shall pay to the
Government of the United Kingdom, all sums which in each case the former Government has
collected for and on behalf of the latter.
(ii) The Government of the United Kingdom shall pay to the
Government of the Republic, and the Government of the Republic shall pay to the Government
of the United Kingdom, all sums which in each case the former Government owes at today's
date to the latter Government in respect of postal transactions.
(e) There shall be a final accounting in respect of
colonial development and welfare schemes for the purpose of ensuring that the amount of
the grant or loan issued by the Government of the United Kingdom in respect of each scheme
is equal to the amount of expenditure actually incurred on and under the terms of that
scheme before today's date; and any sums which may be found due as a result of such
accounting shall be paid by the one Government to the other, as the case may require.
(f) In this Note:-
(i) the words " Government of the United Kingdom " mean the Government of the United Kingdom of Great Britain and Northern Ireland;
(ii) the words " Government of the Colony " and " Government of the Republic " mean respectively the Government of the Colony of Cyprus and the Government of the Republic of Cyprus;
(iii) reference to " the Government of the United Kingdom " shall be construed as including reference to the Government of any territory for whose international relations the Government of the United Kingdom is at today's date responsible,
(iv) reference to any Government shall be construed as including references to any department of that Government or to any public authority of the country or territory of that Government.
2. I have the honour to suggest that if the arrangements
set out above are acceptable to the Government of the Republic, this Note, together with
your reply to that effect, shall be regarded as constituting an agreement in this matter
between the Government of the United Kingdom and the Government of the Republic which
shall enter into force on today's date.
B.-Draft Reply by Archbishop Makarios and Dr. Kutchuk
Your Excellency,
We have the honour to acknowledge receipt of your Note of
today's date
[text as above]
2. The arrangements set out in that Note are acceptable to
the Government of the Republic of Cyprus and we have the honour therefore to confirm that
your Note, together with this reply, shall constitute an agreement APPENDIX T
BRITISH RESIDENTS IN CYPRUS
Draft Exchange of Notes between the Representative of the
United Kingdom authorised to sign the Treaty of Establishment and Archbishop Makarios and
Dr. Kutchuk
A.-Draft Note to Archbishop Makarios and Dr. Kutchuk Your
Excellencies,
I have the honour, with reference to the discussions which took place during the negotiations leading up to the Treaty concerning the Establishment of the Republic of Cyprus of today's date, to set out the arrangements with respect to British residents in the Republic of Cyprus, which were agreed between us, as follows:-
(a) Circumstances may arise in which under existing Cyprus law (The Immovable Property Acquisition (Aliens) Law, Chapter 228 of the Statute Laws of Cyprus) British residents would not be permitted, as aliens, to acquire immovable property in the Republic of Cyprus, otherwise than by inheritance, without the consent of the Government of the Republic of Cyprus. Since no restriction will be placed upon the acquisition of immovable property in the United Kingdom by persons who become citizens of the Republic of Cyprus and who on [ insert the " agreed date " to be specified in Section I of Annex D to the Treaty 1 are ordinarily resident in the United Kingdom, or by their descendants, the Government of the Republic of Cyprus are prepared to secure that British residents and their descendants and the wives and widows of such persons, who are ordinarily resident in the Republic of Cyprus, will be able to acquire immovable property in the Republic of Cyprus without restriction.
(b) Since no restriction will be placed on persons, who become citizens of the Republic of Cyprus, who are ordinarily resident in the United Kingdom on [insert the " agreed date " to be specified in Section I of Annex D to the Treaty ] and who leave the United Kingdom, in remitting to Cyprus from the United Kingdom their assets (including the realised proceeds of their capital assets) and payments of pensions and other like benefits made in the United Kingdom after they have left, the Government of the Republic of Cyprus are prepared to secure that British residents, who leave the Republic, will be able to remit from Cyprus their assets (including the realised proceeds of their capital assets) and payments of pensions and other like benefits made in Cyprus after they have left.
(c) The British residents attach importance to their freedom of entry into and exit from the Republic of Cyprus, their residence in the Republic, their pursuit of any legitimate gainful occupation (including both the right to give and to accept employment) and to their suffering no disability by addressing the authorities of the Republic of Cyprus in the English language. The Government of the Republic of Cyprus are prepared to give an assurance that the British residents, and their descendants and the wives and widows of such persons, whose home is in Cyprus, will suffer no disability in respect of the matters mentioned in this subparagraph.
(d) In this Note, " British residents" means citizens of the United Kingdom and Colonies of United Kingdom origin, ordinarily resident in Cyprus on today's date, who do not become citizens of the Republic of Cyprus.
2. I have the honour to suggest that, if the arrangements
set out in this Note are acceptable to the Government of the Republic of Cyprus, this
Note, together with your reply to that effect, shall be regarded as constituting an
agreement in this matter between the Government of the United Kingdom of Great Britain and
Northern Ireland and the Government of the Republic of Cyprus which shall enter into force
on today's date.
B.-Draft reply by Archbishop Makarios and Dr. Kutchuk
We have the honour to acknowledge receipt of your Note of
today's date which reads as follows:-
[text as above]
2. The arrangements set out in that Note are acceptable to
the Government of the Republic of Cyprus and we have the honour therefore to confirm that
that Note, together with this reply, shall constitute an agreement accordingly.
APPENDIX U
FINANCIAL ASSISTANCE TO TURKISH COMMUNITY
Draft Exchange of Letters between the
Governor and Dr. Kutchuk and Mr. Denktash
A.-Text of Letter from the Governor to Dr. Kutchuk and
Mr. Denktash
I have the honour to inform you that the Government of the
United Kingdom of Great Britain and Northern Ireland have decided to make available the
sum of Ј1,500,000 by way of grant to the Turkish community in Cyprus to be used for
education, the development of Vakf property and cultural and other like purposes which
fall within the competence of the Turkish Communal Chamber as it is to be established
under the Constitution of the Republic of Cyprus.
2. Accordingly, I propose the following arrangements:-
(a) The Government of the United Kingdom shall pay the sum of Ј1 million, for the purposes mentioned in paragraph 1 above, to the Turkish Communal Chamber, in instalments as required for purposes which have been approved by that Chamber for immediate execution during the two years following the date of Independence for Cyprus.
(b) In order to meet urgent requirements of the Turkish community, for the purposes set out in the Schedule hereto, before the establishment of the Turkish Communal Chamber the Government of the United Kingdom shall pay the sum of Ј500,000 into a joint account in your name with the Turkish Bank of Nicosia on condition that:-
(i) any payments out of that account shall be made only for the purposes mentioned in this subparagraph and with the consent of the High Council of Evcaf and upon the signature of both of you and
(ii) upon the establishment of the Turkish Communal Chamber, you will render to that Chamber an account of any expenditure made from the said sum of Ј500,000 and will pay over the balance, if any, to that Chamber for the purposes mentioned in paragraph I above.
(c) The Turkish Communal Chamber shall arrange for the Government of the United Kingdom in due course to be provided with audited statements of all transactions relating to the sums paid to you and to that Chamber in accordance with the above provisions of this paragraph.
3. I also have to request your confirmation that the
Turkish community, including the High Council of Evcaf, have no financial claims against
the Government of the United Kingdom, or against the Government of the Colony of Cyprus,
arising or purporting to arise out of or in connexion with either the administration of
Cyprus or the establishment of the Republic of Cyprus or
otherwise, and that no such claims will be made hereafter by or on behalf of the Turkish
community. It is understood that this paragraph shall not affect the provisions, on its
entry into force, of the Treaty concerning the Establishment of the Republic of Cyprus
initialled at Nicosia on the of July, 1960, and in particular the provisions of Annex E
thereto.
4. If you would kindly confirm your acceptance of the
arrangements set out in paragraph 2 of this letter and give me the confirmation requested
in paragraph 3, I will arrange for a joint account to be opened in your name with the
Turkish Bank of Nicosia and for the sum of Ј500,000 to be paid into that account.
B.-Text of Letter from Dr. Kutchuk and Mr. Denktash
We acknowledge receipt of your letter of (dated) which
reads as folio,
[Text as A]
2. We have the honour to confirm on behalf of the Turkish
community our acceptance of the arrangements set out in paragraph 2 and to give you the
confirmation requested in paragraph 3 of your letter.
Draft Exchange of Letters on Grant to Turkish Community
SCHEDULE
(l) General repairs to and renovation of Vakf buildings
which suffered damage owing to rent control.
(2) Towards the cost of a new school building for Turkish
Secondary Girls School in Nicosia.
(3) Towards the development of Vakf property at Kyrenia
Gate. Nicosia.
(4) Construction of a new building in Nicosia for Turkish
Communal Chamber, with necessary offices.
(5) Advance for the building of new Secondary School at
Kyrenia.
(6) Towards the cost of development of certain land for a
hotel at Kyrenia.
(7) Towards the cost of development of Vakf property at
Limassol.
(8) Towards the cost of building on Vakf property at
Larnaca modern tourist facilities.
(9) Towards the cost of completion of development of old
Turkish Cemetery at Famagusta.
(10) Towards the cost of development of Tekke garden at
Nicosia or other similar property.
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