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The Importance of Vakıflar İdaresi TRNC
The TRNC Vakıflar İdaresi, or Evkaf Administration, is a crucial institution for Turkish Cypriots, embodying centuries of heritage and ownership rights in Cyprus.
This institution manages Waqf properties, lands endowed for religious or charitable purposes, which include significant areas in Maraş (Varosha) and other regions now claimed by Greek Cypriots. TCE explores the historical and legal basis of Vakıflar İdaresi's claims, its current leadership, and the broader implications for Turkish Cypriot heritage and sovereignty.
Historical Background and Ownership
The roots of Vakıflar İdaresi's land ownership in Cyprus date back to the Ottoman era when vast tracts of land were endowed as waqf. During Ottoman rule, these lands were legally protected and meant to remain inalienable and irrevocable. The Evkaf Foundation was established to manage these properties, ensuring they served their intended charitable purposes.
In 1960, when the Republic of Cyprus was established, its Constitution included provisions that protected waqf properties, affirming that no legislative or executive action could contravene the principles governing these lands. Article 110 of the 1960 Constitution explicitly states this protection, thus legally embedding the waqf's inalienable status into Cypriot law.
The Case of Maraş (Varosha)
Maraş, also known as Varosha, is a significant example of waqf property that has been at the center of legal and political disputes. Historical records and title deeds show that Maraş was endowed to the Abdullah Pasha Foundation, part of the Evkaf Administration. During British colonial rule, many of these lands were unlawfully transferred to Greek Cypriots, often with the complicity of British officials who ignored existing waqf laws.
In 1907, the British Colonial Administration passed a general prescription law allowing properties possessed without dispute for ten years to be owned by the possessors. However, this law conflicted with the specific waqf law (Ahkamül Evkaf), which states that waqf properties cannot be owned through prescription. This legal oversight led to numerous wrongful ownership transfers, which are now being contested by the Evkaf Administration.
Greek Claims and the Importance of Vakıflar İdaresi
The issue of land ownership in Cyprus remains highly contentious, with Greek Cypriots often laying claim to lands that are historically and legally owned by Turkish Cypriots through the Evkaf Foundation. Greek Cypriots argue that properties, particularly in areas like Maraş, should be returned to their pre-1974 owners. However, this perspective disregards the legal standing of waqf properties, which are inalienable and have been protected under various legal frameworks, including the Constitution of the Republic of Cyprus.
The Evkaf Administration has continuously provided evidence to support its claims over Maraş. The 1974 Turkish Peace Operation, which led to the division of Cyprus, aimed to protect the rights and properties of Turkish Cypriots, including the waqf lands. Reopening Maraş under TRNC control is a step towards rectifying historical injustices and reclaiming what is rightfully Turkish Cypriot land.
Leadership and Global Reach
The leadership of the Evkaf Administration has seen recent changes, with Mustafa Tümer taking over from Mustafa Benter. This transition marks a new chapter in the foundation's efforts to protect and manage its extensive property portfolio. The foundation owns properties not only in Cyprus but also in other regions, including the Middle East and Europe. Notably, there have been legal disputes involving waqf properties in London, highlighting the global reach and historical significance of the Evkaf Administration.
The recent litigation involving a building in London's Soho underscores the challenges faced by the Evkaf Administration in protecting its properties abroad. Certain UK groups had wrongfully taken the foundation to court over this property, which was wrongfully claimed. This incident illustrates the broader struggle to uphold the legal principles governing waqf properties, reinforcing the need for community support and solidarity.
The Role of International Law
International law plays a crucial role in the ongoing disputes over land ownership in Cyprus. Various legal documents, including treaties and UN resolutions, have implications for the status of waqf properties. For instance, UN Resolution 550 considers any attempt to settle Maraş (Varosha) by people other than its inhabitants as inadmissible. However, this does not negate the historical and legal claims of the Evkaf Administration.
The TRNC’s approach to reopening Maraş aligns with international legal principles, aiming to balance the rights of original inhabitants with the need to rectify historical wrongs. The Evkaf Administration’s claims are supported by archival records and legal precedents, demonstrating the inalienable nature of waqf properties.
TCE Conclusion
The TRNC Vakıflar İdaresi stands as a pillar of Turkish Cypriot heritage and identity. Its legal and historical claims to properties in Maraş and beyond are deeply rooted in centuries-old traditions and laws. As the TRNC continues to navigate its political landscape, supporting institutions like the Evkaf Administration is crucial for preserving the cultural and historical legacy of Turkish Cypriots. Ensuring the protection and rightful ownership of waqf properties not only honors the past but also secures a future where the heritage of Turkish Cypriots is respected and upheld.
By understanding and advocating for these rights, Turkish Cypriots can ensure that their historical claims are recognized, fostering a sense of pride and unity within their community. The Evkaf Administration’s efforts are a testament to the enduring spirit and resilience of the Turkish Cypriot people. The community's support is vital in these ongoing efforts to reclaim and protect their historical lands, reinforcing their sovereignty and heritage for future generations.
The situation in Maraş is emblematic of the broader struggle for Turkish Cypriot rights and identity. As international attention focuses on the Cyprus issue, it is imperative to highlight the historical and legal context that underscores the legitimacy of Turkish Cypriot claims. Institutions like the Evkaf Administration are not merely bureaucratic entities but are integral to the cultural and historical fabric of Cyprus, deserving of unwavering support and recognition.