North Cyprus Political and Administrative Evolution

The 1960 Constitution of the Republic of Cyprus was adopted by agreement between the Turkish and Greek communities, and was based on the Zurich and London Agreements of 1959 to which the UK, Turkey, and Greece were also parties as guarantors of the sovereignty, independence, and constitution of the Republic of Cyprus. Although the London Agreements were signed by the Greek Cypriot leaders and Greece, they lost no time in declaring publicly that they had no intention of honouring them. The Greek Cypriots and their leaders had always claimed that their real goal was Enosis, the union of Cyprus with Greece, and to achieve their aim they prepared the notorious Akritas Plan' which was put into action in December 1963. It was pursuant to that clandestine plan that the 1960 Constitution was violated to a great extent, and the Turkish Cypriots subjected to massive deprivation and degradation, including armed attacks and economic siege.

The first areas on the island under the exclusive control of Turkish Cypriots came into being through their heroic resistance against repeated armed Greek attacks. These regions which they managed to hold on to were originally termed 'Turkish enclaves'.

The Turkish Cypriots living in these areas were initially administered by a General Committee. This Committee, which was headed by the Vice-President Dr Fazil Kucuk, consisted of Turkish Cypriot members of the House of Representatives as well as of the Turkish Communal Chamber. The object of this Committee was to exercise all the executive, legislative, and judicial powers under the 1960 Constitution in areas under Turkish Cypriot control. Therefore the day-to-day administration of Turkish Cypriots was undertaken by this General Committee, whose decisions had the force of law by virtue of an ex post facto provision in Section 5 of the Basic Law. The General Committee was succeeded by the Provisional Turkish Cypriot Administration, the establishment of which was approved at a meeting convened on 28 December 1967 by the Vice-President of the Republic. Leading members of all designated posts under the 1960 Constitution attended, in addition to members of the General Committee.

The Basic Law of this Administration consisted of nineteen sections. Section 1 thereof provided that until all the provisions of the 1960 Constitution were implemented, all Turks living in Turkish Cypriot areas of Cyprus were to be attached to this Administration, and Section Political and Administrative Evolution 2 thereof provided for the establishment of a Legislature to enact all necessary legislation for the Turkish zones. The Legislative Assembly of the Provisional Turkish Cypriot Administration was to be composed of the Turkish Cypriot members of the House of Representatives and of the members of the Turkish Communal Chamber. Section 7 of the Basic Law provided that the Executive Power was to be exercised by the Executive Council of the Administration.

The Legislative Assembly of the Provisional Turkish Cypriot Administration held its first meeting in December 1968 and continued its functions until 13 May 1970 when the decision was made to dissolve itself and hold general elections.

The general elections were held on 5 July 1970 at which 30 members of the Legislative Assembly (15 members of the Turkish Communal Chamber and 15 Turkish members of the House of Representatives) were elected. The newly elected Legislative Assembly held its first meeting on 18 July 1970 and assumed its legislative functions.

At a meeting held on 21 April 1971, the Legislative Assembly of the Provisional Turkish Cypriot Administration decided to drop the 'provisional status' in parallel with a similar decision taken by the Executive Council and immediately restyled itself as the 'Legislative Assembly of the Turkish Cypriot Administration'. As such it continued its legislative functions until 1 October 1974.

At that time, because of the joint efforts of the Greek military junta and the Greek National Guard to unite Cyprus with Greece, and the consequent Turkish Peace Operation followed by the 'population exchange' agreed between the Turkish and Greek Cypriot leaders, it assumed the title of 'Legislative Assembly of the Autonomous Turkish Cypriot Administration'.

At an extraordinary joint meeting of the Council of Ministers and the Legislative Assembly of the Autonomous Turkish Cypriot Administration held in Lefkosa on 13 February 1975, the Turkish Federated State of Cyprus was proclaimed. At a second extraordinary joint meeting held on 18 February 1975 by the Executive Council and the Legislative Assembly of the Turkish Federated State of Cyprus, a Constituent Assembly was set up, composed of:

(a) the members of the Legislative Assembly of the Autonomous Turkish Cypriot Administration;

(b) the former Vice-President, Dr F. Kucuk;

(c) four members selected by the president of the TFSC from amongst persons who had rendered past services to the Turkish Cypriot community;

(d) members to be elected by political parties, labour, civil service, teachers, farmers, co-operative, press, university graduates, youth and sporting organizations, the Medical Association, the Chamber of Engineers and Architects Associations, the Bar, Evkaf, and the Chamber of Commerce.

The 50-member Constituent Assembly held its first regular meeting on 24 February 1975 at which the members took their oaths of office.

The Constituent Assembly drafted the Constitution of the Turkish Federated State of Cyprus, which would constitute one of the component states of the proposed Federal Republic of Cyprus. The Constitution as drafted was open to amendment and adaptation if and when the proposed Federal Republic of Cyprus was set up by an agreement between the Turkish Cypriot and Greek Cypriot peoples of the island. The Constitution was approved by referendum on 8 June 1975 and upon its publication in the Official Gazette 17 June 1975 it became functionally operative as the Constitution of the Turkish Federated State of Cyprus.

In the Presidential and general elections held on 20 June 1976, Mr Rauf R. Denktas. was elected President of the Turkish Federated State of Cyprus. According to the results of the general election, the 40 seats of the Legislative Assembly of the Turkish Federated State of Cyprus were distributed as follows:

National Unity Party: 30 seats
Communal Liberation Party: 6 seats
People's Party: 2 seats
Republican Turkish Party: 2 seats

The Legislative Assembly of the Turkish Federated State of Cyprus convened its first regular meeting on 3 July 1976 and, upon the elected deputies taking their prescribed oaths, it assumed its legislative functions, under the presidency of Mr Osman Orek.

At the end of the five-year period general elections were held on 28 June 1981. According to the results of these elections the 40 seats in the Legislative Assembly were then re-distributed as follows:

National Unity Party: 18 seats
Communal Liberation Party: 13 seats
Republican Turkish Party: 6 seats
Democratic People's Party: 2 seats
Turkish Unity Party: 1 seat

The newly elected Legislative Assembly of the Turkish Federated State of Cyprus convened its first regular meeting on 13 July 1981 and upon the elected deputies taking their prescribed oaths it then assumed its duties and began functioning for the second five-year period, under the presidency of Mr N. Konuk.

As the years passed it became apparent that the Greek Cypriots were not really interested in finding a just and lasting settlement through the inter-communal talks as urged by United Nations Resolutions. This state of affairs left the Turkish Cypriot people with no other alternative but to establish their own Republic in Northern Cyprus. Accordingly the Legislative Assembly of the Turkish Federated State of Cyprus, at an extraordinary meeting held on 15 November 1983, following a petition by the people, unanimously approved the establishment of the Turkish Republic of Northern Cyprus and signed the 'Declaration of Independence'.

At a subsequent extraordinary meeting of the Legislative Assembly of the Turkish Federated State of Cyprus, held on 2 December 1983, a Constituent Assembly was set up, composed of:

(a) the members of the Legislative Assembly of the Turkish Federated State of Cyprus;

(b) ten members designated by the President of the Turkish Republic of Northern Cyprus;

(c) one member designated by Dr Fazil Kucuk (ex Vice-President of the Republic of Cyprus);

(d) representatives designated by political parties (not represented in the Legislative Assembly of the TFSC) and by labour, civil service, teachers, press organizations, the Medical Association, the Chamber of Commerce, the Chamber of Industry, the Bar, the Associations of the Martyrs and Disabled War Veterans and of the Turkish Fighters, the Turkish Farmers Union, the Union of War veterans, and the Union of Animal Breeders.

The Constituent Assembly was, inter alia, entrusted with the drafting of the Constitution of the Turkish Republic of Northern Cyprus.

The Constitution of the Turkish Republic of Northern Cyprus which was drafted by the Constituent Assembly and approved on 12 March 1985 was submitted to a referendum on 5 May 1985 and, having been approved thereby by a majority vote of 70.18%, it was published in the Official Gazette on 7 May 1985 and became operative.

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