Boutros-Ghali=s Second ASet of Ideas@ (1994): It Takes Two to Tango

During 1994, Cyprus and Turkey addressed a number of communications to the Secretary- General on different aspects of the Cyprus question. Most of the letters from Turkey transmitted communications from representatives of the Turkish Cypriot community. The subjects of those communications included: the programme of the coalition Government following elections in the "Turkish Republic of Northern Cyprus" in December 1993; specific provisions of the programme relating to the Cyprus question; allegations of violations of air- space; charges of violence by Turkish Cypriot demonstrators; rejection of those allegations; the EU ban on the importation of goods from northern Cyprus; rejection of allegations of human rights violations in Cyprus by Turkey; the auctioning in the Turkish Cypriot part of Cyprus of thousands of volumes of Greek books; responses by the Turkish Cypriot side to statements made by Cyprus before the General Assembly's First (Disarmament and International Security), Third (Social, Humanitarian and Cultural) and Fourth (Special Political and Decolonization) Committees; and joint military exercises of Greece and the Greek Cypriots.

The General Assembly, by decision 48/505 of 19 September, deferred consideration of the item "Question of Cyprus" and included it in the agenda of its forty-ninth session.

Report of the Secretary-General (March). In pursuance of his mission of good offices mandated by the Security Council and further to resolution 889(1993), the Secretary-General reported to the Council on 4 March 1994 on progress made in his efforts to achieve agreement on the package of confidence-building measures intended to facilitate the political process towards an overall settlement, and relating to the reopening of the fenced area of Varosha and of Nicosia International Airport under United Nations administration. He informed the Council that both parties had accepted the package in principle and indicated their readiness to work out the modalities for its implementation. His Special Representative, Joe Clark, visited Cyprus from 22 to 26 January and held extensive discussions with the leaders of the two Cypriot communities - -Glafcos Clerides, President of Cyprus, and Rauf R. Denktash, "President of the Turkish Republic of Northern Cyprus" - - proceeding thereafter to Greece and Turkey for further discussions. He returned to Cyprus on 17 February to launch proximity talks, which were later continued by the Deputy Special Representative, Gustave Feissel.

The talks centred on the discussion of seven key issues on which a common understanding was being sought: the United Nations administration of the fenced area of Varosha and of Nicosia International Airport; the schedule for implementing the package; arrangements for bicommunal contacts and commerce; traffic rights at Nicosia airport for foreign airlines and airlines registered in Turkey; safe operation of the airport; free access to the airport for civilian passenger and cargo traffic from both sides; and consideration of the 12 additional confidence-building measures set out in a July 1993 report of the Secretary-General as soon as agreement on the present package had been reached. The Secretary-General pointed to the need to come to a positive conclusion on those issues without delay in order to create conditions for further talks on the future of Cyprus.

Following consultations, the Council met on 11 March and unanimously adopted resolution 902 (1994) in connection with its consideration of the item entitled "The situation in Cyprus."

The Security Council,
Recalling its relevant resolutions on Cyprus,
Welcoming, the report of the Secretary-General of 4 March 1994 on his mission of good offices in Cyprus submitted pursuant to resolution 889(1993) of 15 December 1993,
Recalling its support for the Secretary-General's decision to concentrate at this stage on achieving an agreement on the confidence-building measures relating to Varosha and Nicosia International Airport, as well as the other measures outlined in annex I to his report of 1 July 1993,
Reaffirming that the confidence-building measures, while not an end in themselves, nor a substitute for the wider political process, would offer significant benefits to both communities and would facilitate the political process towards an overall settlement,
        1. Reiterates that the maintenance of the status quo is unacceptable;
        2. Welcomes the acceptance in principle by both parties of the confidence-building measures relating, in particular, to Varosha and Nicosia International Airport;
        3. Welcomes the fact that intensive discussions have made it possible for the Secretary-General's representatives to bring forward ideas that should facilitate the discussions aimed at reaching agreement on the key issues for implementing the confidence-building measures, and stresses the need to conclude such an agreement without delay;
        4. Requests the Secretary-General to submit a further report by the end of March 1994 on the outcome of his efforts to finalize that agreement;
        5. Decides to review the matter further, pursuant to paragraph 13 of resolution 889(1993), on the basis of that report.
Security Council resolution 902(1994)                                    11 March 1994 Meeting 3347 Adopted unanimously
Draft prepared in consultations among Council members (S/1994/285).

Report of the Secretary-General (April). Further to a request in the Council's March resolution, the Secretary-General reported on 4 April on the outcome of his efforts to finalize an agreement on the modalities for implementing the package of confidence-building measures, lo assist the two parties to reach a common position by reconciling their views on each of the seven issues on the agenda, the Special Representative prepared a paper containing draft ideas for implementing the package, which the Deputy Special Representative discussed extensively with each leader and consecutively revised, taking into account the points raised by each side. The revised document was introduced to the parties on 21 March, when the Special Representative returned to Cyprus and continued extensive talks with both parties from 21 to 23 March on the basis of the new text. In the course of those discussions, the Turkish Cypriot leader voiced numerous objections stating that the new text represented a major departure from the wording contained in the original agreement of 1 July 1993 in favour of positions taken by the Greek-Cypriot side. The Turkish Cypriot leader objected in particular to the elements in the draft ideas related to the access between the United Nations-controlled buffer zone and the fenced area of Varosha, traffic rights at Nicosia airport, the timing of the benefits to the Turkish Cypriot side and the collection of customs duties. The leader of the Greek Cypriot community stated that, while he did not like many of the changes in the revised text, he was prepared to accept it if the Turkish Cypriot leader did likewise. After the departure of the Special Representative, the Deputy Special Representative continued discussions with the Turkish Cypriot side, but no progress was reached on any of the outstanding issues. The Secretary-General pledged to continue the high-level contacts through his representatives and report to the Council in another month. By a letter of 4 April, Turkey stated that its attitude in connection with the package of confidence-building measures had always been expressed in terms of "support" rather than Aacceptance", while its role had been to "encourage its acceptance"; Turkey's role did not extend beyond such support and encouragement, to the point of acceptance or rejection. By a letter of 25 April=s transmitted to the Secretary-General, Rauf R. Denktash expressed his views on the confidence-building measures. He recalled at the Turkish Cypriots had proposed that, in turn for handing over the fenced area of Varosha to United Nations administration, the embargo on the Turkish Cypriot side be lifted; in order to contribute towards reaching an agreement, they did not insist on a complete lifting but agreed to the easing of obstacles to their travel, trade and tourism through the reopening of Nicosia airport under United Nations administration.

The ideas put forward in 1994 fundamentally departed from some of the measures proposed in July 1993. The Turkish Cypriots had participated in the talks in February 1994 with the objective to identify implementation modalities, which had to be more comprehensive than those set out by the Secretary-General. The objections of the Turkish Cypriots related to elements that either differed from those proposed in July 1993 or did not comply with the consideration on which the package was based.

By a letter dated 11 April, the President of the Council informed the Secretary-General that the members of the Council supported his extensive efforts, endorsed his approach and underlined the need to reach agreement by the end of April.

Report and communication of the Secretary-General (May/June). In a report dated 30 May,(20) the Secretary-General informed the Council on further contacts with the parties concerned. The Deputy Special Representative met at Nicosia in mid-April with both leaders and with the visiting Deputy Under-Secretary of the Ministry of Foreign Affairs of Turkey, while the Special Representative conferred in Washington on 23 April with the Foreign Minister of Greece. The Special Representative and the Deputy Special Representative also travelled to Ankara where they conferred with the Deputy Prime Minister of Turkey and continued contacts with both parties upon return to Nicosia. On II and 12 May, the Deputy Special Representative took part in meetings held in Vienna between senior representatives of Turkey, the United States and the Turkish Cypriot community, but no progress was made on the outstanding issues. The Turkish Cypriot side put forward two variants of a deal that would go beyond the package of confidence-building measures and would in some respects be contrary to its purposes in that they would not foster bicommunal contact. The discussion of those proposals was not pursued, as consent of both sides to such course of action would have been required. In his final observations, the Secretary-General put forward a range of options that the Council could consider in its review of the situation. Among them, he suggested that, in view of the fact that after 30 years of endeavour there did not seem to exist the political will to resolve the conflict, the United Nations could redirect its scarce peace-keeping and peace-making resources elsewhere; alternatively, it could be concluded that the good offices mission, being dependent on the cooperation and consent of the parties, was not an adequate means to deal with the situation and the international community, through the Council, could look into coercive measures; another possibility was to put aside the package currently under discussion and try again to make progress by resuming discussion on the questions of substance that were presented to the parties in July 1992; yet another option was to undertake a fundamental and far-reaching reflection on how to approach the Cyprus problem and consult among the members of the Council, the Guarantor Powers (Greece, Turkey and the United Kingdom), the two leaders in Cyprus and others, with a view to exploring a wide range of possible options; and, lastly, building on the fact that both sides had accepted in principle the package of confidence-building measures, the international community could renew its efforts to obtain agreement on their implementation. The Secretary-General suggested that a decision by the Council could be preceded by some form of international consultations or deliberations, such as an international conference, visit by a commission com posed of some or all members of the Council, or a renewed effort by his Special Representative. In addition, all options except the first would require the continued presence of UNFICYP in the area.

By a letter of 28 June, the Secretary-General brought to the Council's attention the developments that had taken place since the submission of his last report. On 6 June, the Turkish Cypriot leader provided the Deputy Special Representative with further information on his side's position with regard to the United Nations map of the fenced area of Varosha and arrangements for access to and from that area, that had evolved further into a positive direction, leading to a series of meetings between the Deputy Special Representative and the Turkish Cypriot leader for further clarification. In all those discussions, the Turkish Cypriot leader insisted that the 21 March paper be amended to in corporate the clarifications which his side introduced at the meetings held in Vienna on 11 and 12 May, while the Deputy Representative of the Secretary-General insisted that textual amendment was no required as his views would be reflected in a separate communication from the Secretary-General to both leaders, and would also be made available in that format to the Council members.

Meanwhile, the Greek Cypriot leader, who had accepted the 21 March paper without raising any of his many objections if the Turkish Cypriot side did likewise, informed the Secretary-General that on 8 June the National Council decided that, for reasons stated in the report of the Secretary-General of 30 May, it could not accept the continuation of negotiations on the confidence-building measures Following a meeting held in New York on 16 June between the Secretary-General and the Foreign Minister of Cyprus, and as a result of a series of discussions between the Turkish Cypriot leader and the Deputy Special Representative, the Secretary-General felt that sufficient progress had been made for the United Nations to implement the package on the basis of the 21 March paper and subsequent clarifications; however, the Greek Cypriot leader informed the Secretary-General on 21 June that he was not prepared to contemplate any change in the 21 March paper or any further negotiation on the confidence-building measures. The Special Representative returned to Cyprus on 22 and 23 June for further meetings with both parties, but, despite the progress achieved, no agreement could be reached on how to record the clarifications that had emerged as a result of recent discussions. Accordingly, the Secretary-General suggested that the Council might begin consideration of the five options proposed in his report of 30 May.

Communications (May-July). On 2 June, Turkey transmitted a letter of the same date from the Turkish Republic of Northern Cyprus declaring its political will to conclude an agreement on mutual confidence-building measures with the expectation of facilitating a comprehensive settlement that would take account of the existing realities on the island and would be based on equality and power sharing. The Turkish Cypriots were prepared to accept the ideas of the United States Special Coordinator on "access and security" concerning the fenced area of Varosha and the United Nations map relating thereto, on the understanding that agreements reached at the meeting with the Secretary General's Deputy Special Representative and the United States Special Coordinator in Vienna on 11 and 12 May regarding those ideas would be incorporated into the text of the confidence-building measures agreement.

On 5 July, (24) the Permanent Representative of Cyprus transmitted to the Secretary-General a letter from the President of Cyprus stating Cyprus's position on the confidence-building measures. In order to build the necessary political will, the Council should enter into consultations on an agenda to be considered, including matters relating to security, demilitarization, the issue of settlers, basic principles and guarantees.

Following consultations, the Council met on 29 July and, in the absence of one of its members (Rwanda), unanimously adopted resolution 939 (1994).

Recalling its relevant resolutions on Cyprus,

Welcomes the report of the Secretary-General of 30 May 1994 and his letter of 28 June 1994, concerning his mission of good offices,

Reaffirming in this context, that the confidence-building measures, while not an end in themselves, nor a substitute for the wider political process, would offer significant benefits to both communities and would facilitate the political process towards an overall settlement,

Recalling the acceptance in principle by both parties of the confidence-building measures, and welcoming the acceptance by the leader of the Greek Cypriot Community of the 21 March 1994 "Draft ideas for implementing the package of confidence-building measures and welcoming also the considerable progress toward agreement made by the leader of the Turkish Cypriot community, as described in the Secretary-General's letter of 28 June 1994,

Noting that there is now a substantial measure of agreement on the substance of the confidence-building measures and the modalities for their implementation, but also noting with concern that neither leader is yet prepared to proceed to their implementation on the basis outlined in the Secretary-General's letter of 28 June 1994,

Having studied the options and ideas for future action set out in paragraphs 57 to 62 of the Secretary-General=s report of 30 May 1994,

1. Reiterates that the maintenance of the status quo is unacceptable;

2. Reaffirms its position that a Cyprus settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as described in the relevant Security Council resolutions, in a bicommunal and bizonal federation, and that such a settlement must exclude union in whole or in part with any other country or any form of partition or secession;

3. Requests the Secretary-General to begin consultations with members of the Council, with the Guarantor Powers, and with the two leaders in Cyprus with a view to undertaking a fundamental and far-reaching reflection on ways of approaching the Cyprus problem in a manner that will yield results, and reiterates its call to the parties to demonstrate their commitment by cooperating fully to this end;

4. Urges, in this context, the parties to cooperate full with the Secretary-General and his Special Representative to achieve agreement on the modalities for implementing the confidence-building measures at the earliest possible time;

5. Also requests the Secretary-General to submit a report by the end of October 1994 including a programme for achieving an overall solution to the issues involved in the Cyprus problem following his consultations referred to in paragraph 3 above and on progress mad towards the implementation of the confidence-building measures;

6. Decides to remain actively seized of the matter.

Security Council resolution 939(1994)                                            29 July 1994 Meeting 3412
Draft prepared in consultations among Council members (S/1994/895).

Statement and communication (October). In a statement before the General Assembly on 3 October, the President of Cyprus said that for years the Greek Cypriots had accepted a bizonal, bicommunal federation as the basis for a settlement of the Cyprus problem. The Turkish Cypriot leadership, fully supported by Turkey, had made it clear that they had abandoned federation and were promoting a loose confederation with separate sovereignty for its two component parts. Charging that a military build-up was taking place in Cyprus, he proposed that the leaders of both communities solemnly renounce the use of force and take measures to prevent attacks against each other. The National Guard Law should be repealed, the National Guard and all Turkish Cypriots under arms disbanded, and arms and military equipment handed over to the United Nations peace-keeping force. Further, Turkey should withdraw its occupation forces from Cyprus, as well as the illegal settlers, whose presence violated United Nations resolutions and constituted a military threat.

By a letter of 11 October, the "Turkish Republic of Northern Cyprus" replied that the Turkish Cypriots were not prepared to make themselves vulnerable ever again under the pretence of so-called demilitarization, especially under the current conditions of a total lack of trust and confidence; if Mr. Clerides was sincere, he would respond positively to the non-aggression agreement proposed by the Turkish Cypriots. The precondition that the basis of a future solution must be established before confidence-building measures could be taken up, as was suggested by Mr. Clerides, meant a return to the unacceptable conditions prevailing before 1974. In his 28 June letter the Secretary-General had clearly stated that considerable progress was achieved on the Turkish Cypriot side towards acceptance of the package of confidence-building measures and that it was the Greek Cypriot side which was not prepared to accept the package as a whole, including the clarifications agreed in Vienna and Nicosia. Mr. Clerides had even declared the package dead and resorted to blackmailing tactics, threatening to resign if forced to accept its implementation.

Report of the Secretary-General (October). By a report dated 29 October, the Secretary-General informed the Council of the action undertaken in pursuance of its July resolution. Or 18 August, he wrote to the Council members and to the Guarantor Powers seeking their views on matters covered by the resolution. The responses indicated continuing support for his mission of good offices, but for the most part reiterated the w positions taken in that resolution. In September, the Special Representative travelled to the United Kingdom, Greece, Cyprus and Turkey for consultations. Upon his return, he reported that matters were close to an impasse both on the substance of the Cyprus problem and on the confidence-building measures. The Secretary-General wrote to both leaders again on 10 October and authorized the Deputy Special Representative to continue contacts with them. In view of the ongoing discussions, the Secretary-General informed the Council that his definitive report would follow in due course.

In his December report on UNFICYP, the Secretary-General stated that the continuing quiet in Cyprus should not obscure the fact that there was only a cease-fire, not peace. In the absence of progress towards a settlement, the situation remained subject to sudden tensions, generated by events outside the island as well as within. Following recent separate meetings with the leaders of both communities, he had instructed his Deputy Special Representative to continue his contacts and make every effort for a resumption of direct talks.

Communications (November). By a letter of 8 November,(28) the President of Cyprus charged that neither Turkey nor Rauf Denktash was willing to discuss and accept a solution within the parameters of resolution 939(1994). Progress could be made only if Turkey changed its attitude on the main issues, in particular the issues of sovereignty, Cyprus's accession to the EU and demilitarization. As long as Turkey and the Turkish Cypriots rejected the substance of a federal solution as defined in United Nations resolutions, further discussion of the confidence-building measures became meaningless. The time had come to hold an international conference as a new method of promoting a solution. On 22 November, Rauf Denktash transmitted a response stating that, during informal consultations between 18 and 31 October, he had emphasized the need to explore practical and concrete ways for implementing the confidence-building measures. To that end, he had made certain suggestions to Mr. Clerides; the Greek Cypriot side, however, had taken initiatives after the consultations that were not conducive to a partnership solution.