The Greek Cypriot negative vote in the 24 April referendum creates a new state of affairs in Cyprus and brings into question the whole edifice of UN Security Council Resolutions which from the beginning helped undermine the equality between the Turkish and Greek Cypriots. In 1964, Security Council resolution 186 paragraph 5 was interpreted to refer indirectly to the Greek Cypriot administration as the “Government of Cyprus”. At that time the UN unwittingly rewarded the aggressor and punished the victim, ignoring the letter and spirit of the Cyprus treaties, which is bi-communality of the Republic. That resolution afforded the Greek Cypriots to pose as the Government of Cyprus for 40 years. They had all the prerogatives of the Government, they felt free to ignore the Turkish Cypriots. The Turkish Cypriots were obliged to constitute their own administration and finally their own state in 1983. But, they still try to come to an accommodation with the Greek Cypriots; so they voted in favor of the Annan Plan.

The result of the referendum has changed the state of affairs in Cyprus. Initially, the “State of affairs” was described in the basic articles of the Cyprus Constitution. The Treaty of Guarantee of 1960 safeguarded “the state of affairs” in Cyprus. When the Greek soldiers in Cyprus toppled Makarios and announced the annexation of the island to Greece (Enosis) Turkey intervened by using its right under Article 4 of the Treaty of Guarantee. The Conference between the Guarantor Powers in Geneva on 25 July 1974 accepted the change in the “state of affairs” and declared that there existed two autonomous administrations on the island. Later on in 1983, the establishment of the Turkish Republic of Northern Cyprus was in conformity with this new “state of affairs”. However, the Security Council resolution 541 adopted on this occasion, came out against the declaration of the Turkish Republic of Northern Cyprus and asked the parties to cooperate with the Secretary General in his mission of good offices. There was a linkage between these two elements. The TRNC was seen as an impediment to intercommunal talks. As of today, the Turkish Cypriots have given the necessary cooperation, have gone even further by voting for the Annan Plan. The Greek Cypriots have voted against it. It is now clear where the impediment rests. The linkage have been broken. As a result, the entire Resolution 541 lost its meaning, because a new “state of affairs” has developed (clausa rebus sic stantibus). Similarly, all Security Council resolutions designed to coerce the Turkish Cypriots to cooperate with the Secretary General have lost their meaning. This gives the international community real freedom of action to end the isolation of the Turkish Cypriots.

While considering to end the isolation of the Turkish Cypriots, the international community should remember that the isolation has both institutional and practical aspects. With the 1960 State of Affairs an internal balance was established by means of a functional relationship between the two sides. When the Turkish Cypriots were driven out of the Partnership State by use of force, they had to create their own administration which later became the Turkish Republic of Northern Cyprus. The isolation imposed by virtue of the Security Council resolution had the result of denial of their right to create their own institution. The practical effects of isolation on the other hand, have been to deprive them of their livelihood.

When it comes to the European Union, this organization also bears the responsability of its action with regard to Cyprus. Among the members of EU, UK and Greece are signatories to the Cyprus Treaties.

In the 1960’s Makarios tried to ignore the Cyprus treaties with the help of the non-aligned nations. Today also Mr. Papadopoulos wants to act against the Treaties. True, the EU admitted the Greek Cypriots as a member in violation of the treaty provisions preventing Cyprus from joining international organizations in which both Turkey and Greece are not members. But, before the Greek Cypriot joined this club, the European Union as a partner of the Annan Plan, had already accepted the validity of the Cyprus Treaties.

The Turkish Cypriots, on the other hand, have gained the status of “Constituent State”, if not by the defunct Annan Plan surely by having the right to vote in the referendum. The Turkish republic of Northern Cyprus has thus become the valid interlocutor of the European Union. In the face of this new situation, the EU has to act on the one hand, taking into consideration the Cyprus treaties, and on the other having the Turkish Cypriots as interlocutors. Therefore, the EU should not have any qualms when dealing directly and freely with the Turkish Cypriots