CYPRUS
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
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 ยฃ500,000 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.
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