Since the Turkish military invasion of Cyprus in July/August 1974 and the subsequent occupation of over nearly 38% percent of its sovereign territory, the Security Council , which is the de facto organ of the United Nations, entrusted with the primary responsibility for the maintenance of international peace and security, has adopted adopted numerous resolutions on the Cyprus Problem.
These resolutions, which are based on the Purposes and Principles of the United Nations, provide the framework for a just solution of the problem and are mandatory upon Member-States. Article 25 of the U.N. Charter provides that the Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter. The effectiveness of the Security Council, thus, requires that once it has made a determination on a dispute all Member-States give it full support in the sense not only of accepting an agreed text but of providing strong diplomatic backing for it and applying their collective influence to lend weight to a just solution.
The General Assembly has passed many resolutions on the Cyprus Problem since 1974, and has demanded respect for the sovereignty, independence, territorial integrity, unity and the non-aligned status of the Republic of Cyprus, the immediate and unconditional withdrawal of all occupation troops, the return of the refugees to their homes in safety, and also respect of the human rights and fundamental freedoms of all Cypriots. These resolutions, which have been systematically ignored by Turkey, remain unimplemented to this day.
The text that follows contains the main provisions laid down in the Security Council and General Assembly resolutions on Cyprus adopted from 1974 up to 1994. The provisions are presented in a chronological order while repetitions in subsequent resolutions are avoided. What is of paramount importance is that all subsequent resolutions reaffirm all previously adopted, a fact which underlines the continuing validity of these provisions and the need for their full and effective implementation in order to arrive at a just and lasting solution of the Cyprus problem.
The developments that led to the liberation of Kuwait in 1991 do not show that the international community enforces the Security Council resolutions, but takes a pick and choose attitude. The UN sends troops into Yugoslavia under false pretexts, Iraq, Sudan and yet resolutions against Turkey and Israel are never implemented to even the token extent of a trade Boycott.
The Security Council
Calls upon all States to respect the sovereignty, independence and territorial integrity of Cyprus;
Demands an immediate end to foreign military intervention in the Republic of Cyprus that is in contravention of paragraph I above;
(Res. 353 (1974) 20.7.74 oper. paras. I &3)
Gravely concerned at the deterioration of the situation in Cyprus resulting from the further military operation, which constituted a most serious threat to peace and security in the Eastern Mediterranean area;
Records its formal disapproval of the unilateral military actions undertaken against the Republic of Cyprus.
(Res. 360 (1974) 16.8.74. 3rd preamb. para ared operative para. 1)
Expresses its grave concern at the plight of the refugees and other persons displaced as a result of the situation in Cyprus and urges the parties concerned, in conjunction with the Secretary-General, to search for peaceful solutions of the problems of the refugees and take appropriate measures to provide for their relief and welfare and to permit persons who wish to do so to return to their homes in safety;
(Res. 361 (1974) 30.8.74 oper. para 4)
Endorses General Assembly resolution 3212 (XE) and urges the parties to implement it as soon as possible.
(Res. 365 (1974) 13.12.74 oper. para 1)
Calls upon all states to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus and to refrain from all acts and interventions directed against it;
Urges the speedy withdrawal of all foreign armed forces and foreign military personnel from the Republic of Cyprus and the cessation of all foreign interference in its affairs;
Commends the contacts and negotiations taking place on an equal footing, within the good offices of the Secretary General between the representatives of the two communities and calls for their continuation with a view to reaching freely a mutually acceptable political settlement, based on their fundamental and legitimate rights;
Considers that all the refugees should return to their homes in safety and calls upon the parties concerned to undertake urgent measures to that end;
Expresses the hope that, if necessary, further efforts including negotiations can take place, within the framework of the United Nations, for the purpose of implementing the provisions of the present resolution, thus ensuring to the Republic of Cyprus its fundamental right to independence, sovereignty and territorial integrity;
(Res. 3212 (XXIX) of the General Assembly endorsed by resol. 365 (1974) of the Security Council oper. paras. 1,2,4,5,6)
Calls once more on all states to respect the sovereignty, independence,territorial integrity and non-alignment of the Republic of Cyprus and urgently requests them, as well as the parties concerned, to refrain from any action which might prejudice that sovereignty, independence, territorial integrity and non-alignment, as well as from any attempt at partition of the island or its unification with any other country;
Calls for the urgent and effective implementation of all parts and provisions of General Assembly resolution 3212 (XXIX) endorsed by Security Council resolution 365 (1974);
Considers that new efforts should be undertaken to assist the resumption of the negotiations referred to in paragraph 4 of General Assembly Resolution 3212 (XXIX) between the representatives of the two communities;
Requests the Secretary General accordingly to undertake a new mission of good offices and to that end to convene the parties under new agreed procedures and place himself personally at their disposal so that the resumption, the intensification and the progress of comprehensive negotiations, carried out in a reciprocal spirit of understanding and of moderation under his personal auspices and with his direction as appropriate, might hereby be facilitated;
Calls on the representatives of the two communities to cooperate closely with the Secretary-General in the discharge of his new mission of good offices and asks them to accord personally a high priority to their negotiations;
(Resol.367 (1975) of 12.3.1975 oper. paras. l,4,5,6,7)
Reaffirms once again its resolution 365 of 13 Dec. 1974, by which it endorsed General Assembly resolution 3212 (XE) adopted unanimously on 1 November 1974, and calls once again for their urgent and effective implementation and that of its resolution 367 (1975) of 12 March 1975.
(Res.370 (1975),383 (1975),391 (1976),401 (1976) 410 (1977) 414 (1977),422 (1977))
Urges the parties concerned to act with the utmost restraint to refrain from any unilateral or other action likely to affect adversely the prospects of negotiations for a just and peaceful solution and to continue and accelerate determined cooperative efforts to achieve the objectives of the Security Council.
(Res.391 (1976),401 (1976),410 (1977),414 (1977), 422 (19M))
Deplores the declaration of the Turkish Cypriot authorities of the purported secession of part of the Republic of Cyprus;
Considers the declaration referred to above as legally invalid and calls for its withdrawal;
Calls for the urgent and effective implementation of its resolutions 365 (1974) and 367 (1975);
Calls upon all States not to recognize any Cypriot state other than the Republic of Cyprus;
(Res. 541 (1983) of 18.11.83, oper. paras. 1,2,3,7)
Reaffirms its resolution 541 (1983) and calls for its urgent and effective implementation;
Condemns all secessionist actions, including exchange of Ambassadors between Turkey and the Turkish Cypriot leadership, declares them illegal and invalid and calls for their immediate withdrawal;
Reiterates the call upon all States not to recognize the purported state of the Turkish Republic of Northern Cyprus set up by secessionist acts and calls upon them not to facilitate or in any way assist the aforesaid secessionist entity;
Considers attempts to settle any part of Varosha by people other than its inhabitants as inadmissible and calls for the transfer of this area to the administration of the United Nations;
Reaffirms its mandate of good offices to the Secretary General and requests him to undertake new efforts to attain an overall solution to the Cyprus problem in conformity with the principles of the Charter of the United Nations and the provisions for such a settlement laid down in the pertinent United Nations resolutions, including Security Council resolution 541 (1983) and the present resolution;
Decides to remain seized of the situation with a view to taking urgent and appropriate measures in the event of non-implementation of its resolution 541 (1983) and the present resolution;
(Res. 550 (1984) of 11.5.84 oper. paras. 1,2,3,5,8 and 10)
Reaffirms in particular its resolution 367 (1975) as well as its support for the 1977 and 1979 high-level agreements between the leaders of the two communities in which they pledged themselves to establish a bi-communal federal Republic of Cypms that will safeguard its independence, sovereignty, territorial integrity and non-alignment, and exclude union in whole or in part wit}t any other country and any form of partition or secession;
Expresses its full support for the current effort of the Secretary General in carrying out his mission of good offices concerning Cyprus;
Calls upon the leaders of the two communities to pursue their efforts to reach freely a mutually acceptable solution providing for the establishment of a federation that will be bicommunal as regards the constitutional aspects and bizonal as regards the territorial aspects in line with the present resolution and their 1977 and 1979 high-level agreements, and to cooperate, on an equal footing, with the Secretary General in completing, in the first instance and on an urgent basis, an outline of an overall agreement, as agreed in June 1989;
Calls on the parties concerned to refrain from any action that could aggravate the situation;
(Res. 649 (1990) of 12 March 1990 oper. paras. 1, 2, 3, 5)
Reaflirms its position on the Cyprus question, expressed most recently in resolution 649 (1990) and in line with the 1977 and 1979 high-level agreements between the parties in Cyprus, that the fundamental principles of a Cyprus settlement are the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus, the exclusion of union in whole or in part with any other country and any form of partition or secession, and the establishment of a new constitutional arrangement for Cyprus that would ensure the well-being and security of the Greek Cypriot and Turkish Cypriot communities in a bi-communal and bi-zonal federation;
(Res. 716 (1991) of 11 October 1991 oper. para 3)
Reaffirms the position, set out in resolutions 649 (1990) of 12 March 1990 and 716 (1991) of 11 October 1991, that the 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 defined in paragraph 11 of the Secretary-General’s report (S/23780)* in a bi- communal and bi-zonal 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.
(Res. 750 (1992) of 10 April, 1992 operative para. 2)
Noting that some progress has been achieved, in particular the acceptance by both sides of the right of return and the right to property, and in a narrowing of the gap by both sides on territorial adjustments,
Endorses the Set of Ideas including suggested territorial adjustments reflected in the map contained in the annex to the Secretary-General’s report as the basis for reaching an overall framework agreement;
Reaffirms its position that the Secretary-General convene, following the satisfactory conclusion of the face-to-face talks, a high-level international meeting chaired by him to conclude an overall framework agreement in which the two communities and Greece and Turkey would participate;
Expresses the expectation that an overall framework agreement will be concluded in 1992 and that 1993 will be the transitional period during which the measures set out in the annex to the Set of Ideas will be implemented;
Reaffirms that, in line with previous resolutions of the Security Council, the present status quo is not acceptable, and, should an agreement not emerge from the talks that will reconvene in October, calls on the Secretary-General to identify the reasons for the failure and to recommend to the Council alternative courses of action to resolve the Cyprus problem;
(Res. 774 (1992) of 26.8.92, 3rd prearnb. para. and operative paras. 3,7,9, 10)
Reaffirms all its previous resolutions on Cyprus, including resolutions 365(1974), 367 (1975), 541 (1983), 550 (1984) and 774 (1992);
Reaffirms further its position that the present status quo is not acceptable and that an overall agreement in line with the Set of Ideas should be achieved without further delay;
Notes that the recent joint meetings did not achieve their intended goal, in particular because certain positions adopted by the Turkish Cypriot side were fundamentally at variance with the Set of Ideas;
Calls upon the Turkish Cypriot side to adopt positions that are consistent with the Set of Ideas on those issues identified by the Secretary-General in his report, and for all concerned to be prepared in the next round of talks to make decisions that will bring about a speedy agreement;
Urges all concerned to commit themselves to the confidence-building measures set out below:
(a) that, as a first step towards the withdrawal of non-Cypriot forces envisaged in the Set of Ideas, the number of foreign troops in the Republic of Cyprus undergo a significant reduction and that a reduction of defence spending be effected in the Republic of Cyprus;
(b) that the military authorities on each side cooperate with the United Nations Peace-keeping Force in Cyprus (UNFICYP) in order to extend the unmanning agreement of 1989 to all areas of the United Nations – controlled Buffer Zone where the two sides are in close proximity to each other;
(c) that, with a view to the implementation of resolution 550 (1984), the area at present under the control of UNFICYP be extended to include Varosha;
(d) that each side take active measures to promote people-to-people contact between the two communities by reducing restrictions to the movement of persons across the Buffer Zone;
(e) that restrictions imposed on foreign visitors crossing the Buffer Zone be reduced;
(f) that each side propose bi-communal projects, for possible financing by lending and donor Governments as well as international institutions;
(g) that both sides commit themselves to the holding of a Cyprus-wide census under the auspices of the United Nations; and
(h) that both sides cooperate to enable the United Nations to undertake, in the rel- evant locations, feasibility studies (i) in connection with the resettlement and rehabilitation of persons who would be affected by the territorial adjustments as part of the overall agreement, and (ii) in connection with the programme of economic development that would, as part of the overall agreement, benefit those persons who would resettle in the area under Turkish Cypriot administration;
Requests the Secretary-General to submit a full report after the conclusion of the joint meeting that will resume in March 1993.
(Res. 789 (1992) of 25 Nov. 1992, oper. paras. 1,4,5,6,8,12)
Notes the Secretary-General’s conclusion that the present circumstances do not allow for any modification in the structure and strength of UNFICYP and requests him to keep those matters under constant review with a view to the further possible restructuring of UNFICYP;
Reaffirms that the status quo is unacceptable, and encourages the Secretary-General and his Special Representative to pursue the Secretary-General’s mission of good offices on the basis of the Set of Ideas and the package of confidence building measures relating to Varosha and Nicosia International Airport referred to in paragraph 45 of the Secretary-General’s report of 22 November 1993;
Welcomes in this context the decision of the Secretary-General to resume intensive contacts with both sides and with others concerned and to concentrate at this stage on achieving an agreement on the package of confidence-building measures, intended to facilitate the political process towards an overall settlement;
Decides to undertake, on the basis of the report, a thorough review of the situation, including the future role of the United Nations, and, if necessary, to consider alternative ways to promote the implementation of its resolutions on Cyprus.
(Res.889/93 of Is Dec. 1993, oper. paras. 2,8,10,13)
Reiterates that the maintenance of the status quo is unacceptable;
Welcomes the acceptance in principle by both panies of the confidence-building measures relatmg, in particular, to Varosha and Nicosia International Airport;
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 agleernent on the key issues for implementing the confidence-building measures, and s- resses the need to conclude such an agreement without delay;
Decides to review the matter turrher, pursuant to paragraph 13 of resolution 889 (1993), on the basis of that report.
(Res. 902/94 of 11 March 1994, oper. paras. 1, 2, 3, 5,)
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,
Reiterates that the maintenance of the status quo is unacceptable;
Reaffirms its position that a Cyprus settlement must be based on a state of Cyprus with a single sovereignty and international personality and a singie citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as described in the relevant Security Council resolutions, in a bi-communal and bi-zonal 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;
Request the Secretary-GeneraI 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.
Requests the Secretary-Generai to submit a report by the end of October 1994 including a programme for achievmg an overall solution to the issues involved in the Cyprus problem following his consultations referred to in paragraph 3 above and on progress made towards the implementation of the confidence-building measures;
(Res. 939/94 of 29 July 1994, 3rd preamb. para. and oper. paras. 1,2, 3,5)
B. GENERAL ASSEMBLY RESOLUTIONS
Note: For Ceneral Assembly resolution 32/2 (XXIX) of 1st Nov. 1974, see section on Security Council resolutions.
The General Assembly
Calls once again upon all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus and to refrain from all acts and interventions directed against it;
Demands the withdrawal without further delay of all foreign armed forces and foreign military presence and personnel from the Republic of Cyprus and the cessation of all foreign interference in its affairs;
Calls upon the parties concerned to undertake urgent measures to facilitate the voluntary return of all refugees to their homes in safety and to settle all other aspects of the refugee problem;
Urges all parties to refrain from unilateral action in contravention of its resolution 3212 (XXIX), including changes in the demographic structure of Cyprus.
(Resolution 3395 of 20 Nov. 1975 oper. paras. 2,3,4,6)
Calls for the urgent and effective implementation of resolution 3212 (XXIX) unanimously adopted by the General Assembly and endorsed by the Security Council in its resolution 365 (1974) of 13 December 1974, as the valid framework for the solution of the problem of Cyprus.
(Resolution 32/15 (1977) of 9 Nov. 1977 oper. para I )
Calls for the respect of the human rights of all Cypriots and the institution of urgent measures for the voluntary return of the refugees to their homes in safety;
Recommends that the Security Council should examine the question of the implementation, within a time-frame, of its relevant resolutions and consider and adopt thereafter, if necessary, all appropriate and practical measures under the Charter of the United Nations for ensuring the implementation of the resolutions of the United Nations on Cyprus.
(Resolution 33/lS (1978) of 9 Nov. 1978 o,oer. paras. S,8)
Authorizes the President of the Thirty-fourth Session of the General Assembly, in the event that the Secretary-General reports lack of progress in the above-mentioned negotiations, to appoint an Ad Hoc Committee composed of no more than seven member states;
Requests the Ad Hoc Committee to maintain contact with the Secretary-General in his task of facilitating the successful conclusion of the negotiations between the two communities;
Further requests the Ad Hoc Committee, in consultation with the Secretary-General, to recommend steps for and promote the implementation of all the relevant resolutions of the General Assembly on Cyprus;
(Resolution 34/30 (1979) of 20 November 1979 oper. paras 13,14,15)
Affirms the right of the Republic of Cyprus and its people to full and effective sovereignty and control over the entire territory of Cyprus and its natural and other resources and calls upon all States to support and help the Government of the Republic of Cyprus to exercise these rights;
Condemns any act which tends to undermine the full and effective exercise of the above-mentioned rights, including the unlawful issue of titles of ownership of property;
Welcomes the proposal for total demilitarization made by the President of the Republic of Cyprus;
Expresses its support for the high-level agreements of 12 February 1977 and 19 May 1979 and all the provisions thereof;
Considers the withdrawal of all occupation forces from the Republic of Cyprus as an essential basis for a speedy and mutually acceptable solution of the Cyprus problem;
Demands the immediate withdrawal of all occupation forces from the Republic of Cyprus;
Calls for respect of the human rights and fundamental freedoms of all Cypriots, including the freedom of movement, the freedom of settlement and the right to property and the instituting of urgent measures for the voluntary return of the refugees to their homes in safety;
Considers that the de facto situation creaved by the force of aIms should not be allowed to inSuellce or in any way affect the solution of the problem of Cyprus;
Calls upon the parties conceded to refrain from any unilateral action which might adversely affect the prospects of a just and lasting solution of the problem of Cyprus by peaceful oileans and to cooperate fully with the Secretary General in the performance of his task under the relevant resolutions of the General Assembly and the Security Council as well as with the United Nations Peace-keeping Force in Cyprus;
Calls upon the parties concerned to refrain from any action which violates or is designed to violate the independence, unity, sovereignty and territorial integrity of the Republic of Cyprus;
Reiterates its recommendation that the Security Council should examine the question of implementation, within a specified time-frame, of its relevant resolutions and consider and adopt thereafter, if necessary, all appropriate and practical measures under the Charter of the United Nations for ensuring the speedy and effective implementation of the resolutions of the United Nations on Cyprus.
(Resolution 37/253 (1983) of 13 May 1983, oper. paras 2,3,4,5,7,8,11,12,13,14,15)
source: www.kypros.org (with changes)