Declaration of Turkish Cypriots regarding 'purported secession' called 'legally invalid'.

Declaration of Turkish Cypriots regarding "Purported Secession' Called "Legally Invalid'

THE vote on resolution 541 (1983) deploring the "declaration of the Turkish Cypriot authorities of the purported secession of part of the Republic of Cyprus' came toward the end of the second day of Security Council meetings in which 28 speakers participated.

The text, submitted by the United Kingdom, expressed the Council's view that the Turkish Cypriot declaration was "legally invalid' and called for its withdrawal. The Council also called for urgent and effective implementation of its resolutions 365 (1974) and 367 (1975).

(Resolution 365 (1974) urged implementation of General Assembly resolution 3212 (XXIX), in which the Assembly said, in part, that constitutional issues were up to the Greek Cypriot and Turkish Cypriot communities to resolve and urged continuation of the contacts and negotiations taking place between them with the help of the Secretary-General. In resolution 367 (1975), the Council requested the Secretary-General to undertake a new mission of good offices to facilitate comprehensive negotiations.)

The Secretary-General was requested to pursue his mission of good offices to achieve the earliest possible progress towards a just and lasting settlement in Cyprus. The parties were asked to give him full co-operation.

The Council called on all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus and not to recognize any Cypriot state other than the Republic of Cyprus. All States and the two Communities in Cyprus were called on to refrain from any action that might exacerbate the situation.

In addition to letters from the United Kingdom (document S/16147), Cyprus (document S/16150) and Greece (document S/16151) requesting the meeting, the Council had before it a document circulated at Turkey's request containing a letter sent to the Secretary-General by Rauf R. Denktash, which he signed "President of the Turkish Republic of Northern Cyprus' (document A/38/586-S/16148).

Other documents before the Council included letters transmitting the official reaction of a number of Governments to the Turkish Cypriot action.

(For background on United Nations consideration of the question of Cyprus, see UN Chronicle, 1983, No.7.)

Debate

Participating in the discussion on 17 and 18 November were Cyprus, Greece, Turkey, Nicaragua, India, Seychelles, Australia, Algeria, Canada, Pakistan, USSR, Sri Lanka, Cuba, Yugoslavia, Netherlands, Guyana, Zimbabwe, Poland, Togo, Zaire, Democratic Yemen, Egypt, France, United Kingdom, Jordan and China [Council members in bold type].

Secretary-General Javier Perez de CuAellar addressed the Council at the opening meeting on 17 November, as did the Foreign Ministers of Cyprus and Greece. Rauf R. Denktash spoke both days.

At the outset of the first meeting, Council President Victor J. Gauci (Malta) said the issue under consideration was "a very serious situation' and it was "of paramount importance that utmost restraint should continue to be exercised by all concerned, both in Cyprus and its neighbouring countries, as well as in this Chamber'.

Secretary-General

Secretary-General Javier PAerez de Cuellar told the Council that on receiving Rauf Denktash's letter informing him of the proclamation of a "Turkish Republic of Northern Cyprus' as an independent State, he had authorized release of a statement expressing deep regret at the move, which was contrary to Council resolutions on Cyprus and the High-level Agreements of 1977 and 1979.

The statement had also said the action was ""bound to affect adversely the situation in Cyprus and to complicate the efforts of the Secretary-General to promote an agreed, just and lasting settlement of the Cyprus problem under the mission of good offices entrusted to him by the Security Council''. The Turkish Cypriot an-nouncement had been made, it was noted, at the moment when the Secretary-General's Special Representative had returned to Cyprus to initiate consultations in preparation for a high-level meeting suggested by Mr. Denktash to pave the way for resumption of intercommunal negotiations.

The statement had concluded by saying the Secretary-General was in consultation with all concerned. In the meantime, he had appealed to ""all those involved to exercise the utmost restraint and to refrain from any action that may further aggravate the situation''.

Mr. Perez de Cuellar told the Council he had little to add to his earlier statement. He had met with President Kyprianou on 30 September and Mr. Denktash on 1 October to discuss the soundings initiated in August within the framework of the mission of good offices entrusted to him by the Council. Mr. Denktash had suggested that the Secretary-General convene a high-level meeting to clarify both sides' intentions for a federal solution and pave the way for resumption of the intercommunal talks.

The Secretary-General said he had felt a meeting of that kind would provide an opportunity for a firm recommitment by both sides to a peaceful negotiated solution to the Cyprus problem. Having received encouraging reports from his Representative on preliminary contacts with both parties, the Secretary-General had decided to initiate consultations. Mr. Gobbi had returned to Cyprus on 14 November to begin consultations on the agenda.

The action on 15 November was thus a deep disappointment, the Secretary-General told the Council. However, Mr. Denktash had said his proposal for a high-level meeting under the Secretary-General's auspices remained valid and that his good offices should continue.

The Secretary-General said reports of the United Nations Peace-keeping Force in Cyprus (UNFICYP) indicated that access to the north, which had been temporarily closed prior to the announcement on 15 November, had been reopened and the situation in the island and along the cease-fire lines remained calm. "It is evident that the chances of success of our efforts depend primarily on the Co-operation of the parties and on their willingness to engage in serious negotiations', said the Secretary-General.

General Views

In the discussion that followed, nearly all speakers deplored the Turkish Cypriot community's unilateral declaration of independence. That declaration, it was pointed out, was in clear defiance of United Nations resolutions, Declarations of the Non-Aligned Movement and the High-level Agreements of 1977 and 1979.

Most speakers called for withdrawal of the Turkish Cypriot declaration, saying it was illegal. Many stated their intention not to recognize the so-called "independent entity' and called on other Member States to do the same.

The Turkish Cypriot community's invocation of the right of self-determination as the legal basis for its declaration was groundless, according to several speakers. It was suggested that the declaration could not have taken place without the support of Turkey.

The Turkish Cypriot move would only exacerbate the already difficult task of reaching a mutually acceptable settlement, some said. However, Rauf Denktash took the view that the declaration would help the negotiating process by underscoring the equality of both parties.

A number of speakers felt the unilateral decision had introduced a "new flash-point' of tension that could have grave consequences for peace and security in the region. All parties were called on to refrain from actions that could adversely affect the prospects of a just and lasting solution.

The presence of occupation troops in Cyprus was impeding such a solution, according to many speakers. There was a widespread call for the immediate withdrawal of all foreign forces. In one view, however, the continued presence of Turkish troops on the island could be justified on the basis of the Treaty of Guarantee and the principle of legitimate defence.

Any solution must respect the independence, sovereignty, territorial integrity and unity of the Republic of...