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Draft Annex I:  Constitution of Cyprus


Part I: General Provisions


Article 1                    The State of Cyprus


1.            Cyprus is an independent and sovereign state with a single international legal personality and a <common state> government and consists of a Greek Cypriot <component state> and a Turkish Cypriot <component state>.

2.            The independence, territorial integrity, security, and constitutional order of Cyprus shall be safeguarded and respected by all.

3.            Union of Cyprus in whole or in part with any other country, any form of partition or secession, and any other unilateral change to the state of affairs established by the Foundation Agreement and this Constitution shall be prohibited.

4.            The flag of Cyprus shall be [insert description of agreed flag], as attached to this Constitution. The flag of Cyprus shall be flown alone or together with the flag of the European Union on <common state> government buildings.

5.            The anthem of Cyprus shall be [insert name of agreed anthem], as attached to this Constitution.

6.            Cyprus shall be organised under this Constitution in accordance with the basic principles of rule of law, democracy, representative republican government, political equality of Greek Cypriots and Turkish Cypriots, bi-zonality and the equal status of the <component states>.


Article 2                    The <component states>


1.            The <component states> are of equal status.  Each <component state> exercises its authority within the limits of this Constitution and its territorial boundaries as set out the attachment to this Constitution.

2.            The <component states> shall organize themselves freely within the limits of this Constitution and in conformity with the basic principles of rule of law, democracy, and representative republican government under their own Constitutions.

3.            The identity, territorial integrity, security and constitutional order of the <component states> shall be safeguarded and respected by all.

4.            The <component states> shall have their own anthems and flags. The <component state> flag shall be flown on <component state> government buildings, along with and in the same manner as the flag of Cyprus and, if <component state> law so provides, that of the European Union.  No other flags shall be flown on <component state> government buildings or public property.

5.            Each <component state> shall determine and observe its own holidays in addition to those of the <common state>.


Article 3                    Constitution as supreme law


1.            This Constitution, having been democratically adopted by the Greek Cypriots and the Turkish Cypriots through their separately expressed common will, is the supreme law of the land and is binding on all authorities of the <common state> and the <component states>.  Any act by the <common state> or either <component state> in contravention of this Constitution shall be null and void.

2.            The <common state> shall fully respect and not infringe upon the powers and functions of the <component states> under this Constitution.  Each <component state> shall fully respect and not infringe upon the powers and functions of the <common state> or the other <component state> under this Constitution.  There shall be no hierarchy between the laws of the <common state> and those of the <component states>.[9]

3.            The Supreme Court shall uphold this Constitution and ensure its full respect by the organs of the <common state> and the <component states>.


Article 4                    Rule of law


1.            The law is the basis of and limitation for all acts of government at all levels.

2.            All acts of government at all levels shall conform with the principles of public interest, proportionality and good faith.

3.            The <common state> as well as the <component states> shall respect international law, including all treaties binding upon Cyprus, which shall be considered an integral part of this Constitution.


Article 5                    Secular nature of Cyprus and its <component states>


1.            The State of Cyprus and its <component states> are secular.

2.            Religious functionaries shall not hold elected or appointed political or public office.


Article 6                    Demilitarisation of <common state> and <component states>


1.            The <common state> and the <component states> shall be demilitarized. There shall be no paramilitary or reserve forces or military or paramilitary training of citizens.

2.            Cyprus shall not put its territory at the disposal of international military operations other than with the consent of Greece and Turkey.

3.            All weapons, except licensed sporting guns, shall be prohibited.

4.            Neither <component state> shall tolerate violence or the incitement of violence against the <common state>, the <component states>, or the guarantor powers by persons, groups or organisations operating within its boundaries.

5.            The provisions of this Article are without prejudice to the provisions of the Treaty of Establishment, the Treaty of Guarantee, the Treaty of Alliance, the mandate of a UN peacekeeping operation in Cyprus and the provisions of this Constitution on <common state> and <component state> police and the Joint Investigation Agency.


Article 7                    The official languages and promulgation of official acts


1.            The official languages of the <common state> are Greek and Turkish. The use of English for official purposes shall be regulated by law.

2.            Legislative, executive, administrative and judicial acts and documents of the <common state> shall be drawn up in all official languages and shall, unless otherwise provided, be promulgated by publication in the official Gazette of Cyprus in all official languages.

3.            All persons shall have the right to address the authorities of the <common state> in any of the official languages and to be addressed in that same language.

4.            The official languages of the <common state> shall be taught mandatorily to all secondary school students.


Article 8                    Official Holidays of the <common state>


1.            The National Holiday of Cyprus shall be the day of the referenda on the Foundation Agreement.

2.            In addition to Sundays, the following official holidays shall be observed throughout Cyprus:


a.       1 January (New Year’s Day);

b.       1 May (Labour Day);

c.       25 December (Christmas);

d.       Good Friday;

e.       Easter Monday;

f.         The first day of Ramadan/Sheker Bayram;

g.       The first day of Kurban Bayram; and

h.       The birthday of the Prophet Mohammed.


3.            Public servants of the <common state> shall be entitled to observe, in addition to the above, the official holidays of either one <component state> or the other.
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