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UN Framework Outdated
The United Nations Outdated resolutions and applied framework in Cyprus is no longer workable.
The Cyprus conflict has long been a subject of international diplomatic efforts and disputes, particularly following the declaration of independence by the Turkish Cypriots in 1983. This declaration led to the immediate reaction from the United Nations, notably through Security Council Resolutions 541 and 550, which declared the independence "legally invalid" and called upon states not to recognize the Turkish Republic of Northern Cyprus (TRNC). However, the legal basis for such resolutions, as well as the implications of international norms regarding state and government recognition, suggest a revaluation of these UN frameworks is critically needed.
In 1983, when the Turkish Cypriots declared their independence, a major geopolitical and legal controversy ensued. The response by Britain and the US was swift at the UN, supporting resolutions that not only declared the TRNC's independence invalid but also sought to isolate it internationally. These resolutions assert a position without a thorough examination or explanation of the legal grounds upon which they stand. It is unclear whether the constitutional law of Cyprus or broader international law forms the basis of the alleged "illegality" of the TRNC's independence. To this day this has yet to be legally challenged at the UN.
The 1960 constitution of Cyprus, which was meant to govern the relationship between the Greek and Turkish Cypriots, was effectively nullified by the actions of the Greek Cypriots as early as 1963. They unilaterally changed the constitutional arrangement, which raises significant questions about its continued applicability to the Turkish Cypriots two decades later. The Security Council’s resolutions fail to address how a constitution, repudiated and fundamentally altered by one party, could still be binding upon the other.
Further complicating the international response is the doctrine of recognition as practiced by the UK and the US, two influential players in Cyprus. Both countries have shifted from recognizing ‘governments’ to recognizing ‘states’, as articulated by the British Secretary of State for Foreign and Commonwealth Affairs in 1980 and reiterated over subsequent years. This approach aligns with a common international doctrine and fundamentally alters the implications of diplomatic recognition.
The distinction between recognizing states rather than governments implies that the legal personality of the state is acknowledged without endorsing any particular government. This principle would suggest a more neutral stance on the internal political dynamics of Cyprus.
However, the Security Council’s resolutions implicitly support the Greek Cypriot side by discouraging recognition of the TRNC, thereby contravening this neutral stance and undermining the fairness expected in international relations.
As Turkish Cypriots, we can expect this from the Greek Cypriots who want nothing more than to maintain the status quo while they economically and politically starve the TRNC of oxygen and push for a federal model.
The UN framework, as it currently stands, is disconnected from the evolving realities of Cyprus. By clinging to resolutions based on outdated assumptions and unexplained legal rationales, the UN overlooks the significant changes that have taken place on the island. The reality today is that there are two distinct administrative entities operating in Cyprus. Any approach that fails to recognize this reality is incomplete and likely ineffective.
The insistence on maintaining these outdated resolutions not only impedes the recognition of the actual sociopolitical situation in Cyprus but also obstructs potential paths to a genuine and lasting resolution. The approach taken by the UN has effectively frozen the conflict in a legal and diplomatic limbo that serves neither side and certainly does not contribute to a peaceful resolution.
For a sustainable solution to the Cyprus problem, it is imperative that the international community, led by the UN, reevaluate its approach and consider the current realities on the ground. This involves acknowledging the existence of two separate communities with distinct governance structures. Moving forward, a new framework should be developed—one that facilitates dialogue based on the present circumstances and seeks a solution that respects the rights and aspirations of both Greek Cypriots and Turkish Cypriots.
A pro-Turkish Cypriot stance is not merely about advocating for recognition of the TRNC but about urging a fair, realistic, and principled approach to resolving one of the longest-standing conflicts in Europe. The international community must adopt a more balanced and legally coherent stance that aligns with contemporary realities and international norms of state recognition. Only through such a reformed approach can the Cyprus issue finally find the path toward a comprehensive and enduring resolution.