CHARLES UNIVERSITY IN PRAGUE

CHARLES UNIVERSITY IN PRAGUE FACULTY OF SOCIAL SCIENCES Institute of Political Studies MASTER THESIS 2016 SANDRA STASINKOVÁ

CHARLES UNIVERSITY IN PRAGUE FACULTY OF SOCIAL SCIENCES Institute of Political Studies SANDRA STASINKOVÁ Cyprus Dispute Settlement after the EU Accession: Renewed Negotiations and Future Development Master thesis Prague 2016

Author: Bc. Sandra Stasinková Supervisor: JUDr. PhDr. Tomáš Karásek, Ph.D. Academic Year: 2015/2016

Abstract STASINKOVÁ, Sandra. (2016). Cyprus Dispute Settlement after the EU accession: Renewed Negotiations and Future Development. Master thesis, Prague: Charles University, Faculty of Social Sciences, Institute of Political Studies. 65 p. Supervisor: JUDr. PhDr. Tomáš Karásek, Ph.D. The aim of this diploma thesis is to analyse the ongoing conflict in Cyprus, which became internal for the European Union in 2004, and consequently asses the role of the European Union in the conflict resolution, which is being evaluated according to the principles of mediation. The thesis is divided into four parts. Firtsly, we outline the escalation and the background of the conflict in Cyprus, which have led to the Turkish intervention and consequent division of the island. Secondly, we analyse the period of the European Union accession as a milestone in the development of the conflict. Following the EU accession, we deal with the overall role of the European Union in the conflict resolution and the Union s credibility in conflict managment in general in the third part of this thesis. Lastly, the fourth chapter focuses on the development of the conflict and character of the negotiations after Cyprus became the full member of the European Union. It also provides possible results from current negotiations and possible ways for Cyprus dispute to be settled. Key words: Cyprus, conflict, dispute settlement, the European Union, Turkish Cypriots, Greek Cypriots, mediation

Declaration of Authorship 1. The author hereby declares that she compiled this thesis independently, using only the listed resources and literature. 2. The author hereby declares that all the sources and literature used have been properly cited. 3. The author hereby declares that the thesis has not been used to obtain a different or the same degree. Prague, May 13, 2016 Sandra Stasinková

Master Thesis Proposal Institute of Political Studies Faculty of Social Sciences Charles University in Prague Date: 28.09.2015 Author: Sandra Stasinková Supervisor: JUDr. PhDr. Tomáš Karásek, Ph.D. Specialisation: ISSA Defense Planned: Summer 2016 Proposed Topic: Cyprus Dispute Settlement after the EU accession: Renewed Negotiations and Future Development Registered in SIS: Yes Date of registration: 28.07.2015 Topic Characteristics: The thesis analyses the dispute on the Cyprus island, which has been ongoing for decades. The conflict with its ethno-national character represents an ongoing source of tention within the European Union boarders as well as in the whole international community. With the European Union accession in 2004, the conflict in Cyprus became EU s internal problem and it gradually calls for settlement. The thesis will analyse the conflict as a whole such as the roles of the international actors in it. Most importantly, the thesis will focus on the period after the EU accession and the development of the negotiations ever since. The thesis will comprise the background of the conflict and outline the most important milestones, which have led to the current situation. The core of the thesis will focus on the post-accession negotiations and develop series of arguments supporting the conflict resolution in Cyprus and possible ways for the dispute to be settled. The peace negotiations are based on the ideas of

reconstitutionalisation of the island, but both parts of the population have to realize, that it is necessary to make some changes. This diploma thesis will deeply focus on the most recent negotiations and future development of the Cyprus conflict in order to ensure the security and stability of the Greek and Turkish Cypriots and the island as a whole. The reasons, which have led to the selection of the topic, are to further examine the case and to comprise the development of the last decade, which seems to be very promising and in favor of finding the resolution. The EU accession, as a milestone in the history of Cyprus, will be considered as a move forward in the negotiations and the EU s role as a conflict manager will be analysed. Also, the timeliness of the topic provides an opportunity to research a very current debate and come up with interesting findings. Further research will be based on the hypotheses. Working hypotheses: 1. The European Union as a conflict manager: Cyprus Dispute as a chance to prove EU s effectivness in conflict management. 2. The conflict of an ethno-national character, such as the one in Cyprus, shall be resolved in a way, which would satisfy both parts of the population. 3. There have been new factors contributing to the conflict resolution in Cyprus within the country as well the European Union and the international community. Methodology: The methodology used in the thesis will be based on a qualitative research of resources. The thesis shall consist of the detailed study of a case, where the case represents the Cyprus dispute and its resolution. The research will be conducted by

detailed data collection, literature review and examination of the case. The study of the case relies on multiple sources. The database and the resources on the topic are quite rich, which provides the opportunity to study the case deeply and to provide arguments based on the precise analysis. Outline: 1. Introduction 2. The origins of the conflict 2.1 The background of the Cyprus dispute 2.2 1974: Invasion and division of the island 3. The European Union accession 3.1 The Role of the European Union in the negotiating process 4. Renewed Negotiations 4.1 2014: Resumption of the negotiations 5. Conclusions 6. Bibliography References / Bibliography: Commission: Statement from the European Union on the agreement reached by the Greek Cypriot and Turkish Cypriot leaders on a joint declaration and on the resumption of the negotiations

Christou, G. (2013). The European Commision as an Actor in the Cyprus Conflict. Journal of European Integration. 35 (2), 117-133 Christou, G. (2010). The European Union, borders and conflict transformation: The Case of Cyprus. Cooperation and Conflict. 45 (1), 55-79 Demetriou, O. (2004). EU and the Cyprus Conflict. The European Union and Boarder Conflicts. 5 (-), 1-37 Heraclides, A. (2011). The Cyprus Gordian Knot: An Intractable Ethnic Conflict. Nationalism and Ethnic Politics. 17 (2), 117-139 Kyris, G. (2012). The European Union and the Cyprus Problem: a story of limited impetus. Eastern Journal of European Studies. 3 (1), 87-99 Michális, M. (2013). Cypriot-led, Cyriot-owned : Cyprus talks revisited. Australian Journal of International Affairs. 67 (4), 526-539 Morelli, V. (2015). Cyprus: Reunification Proving Elusive. Congressional Research Service. - (-), 1-22 Muftuler-Bac, M. (1999). The Cyprus Debacle: what the future holds.pergamon. - (-), 559-575 Murat Ozkaleli, F., Hasguler, M. (2013). The Cyprus Game: The evolutionary Approach to Conflict Resolution Revisited. Journal of Balkan and Near East Studies. 15 (4), 459-477

Oguzlu, T. (2002). The EU as an Actor in the Solution of the Cyprus Dispute: The Question of "How?". Journal of Ethnopolitics and Minority Issues in Europe. 2 (-), 1-25 Schiff, A. (2008). Pre-negotiations and its Limits in Ethno-National Conflicts: A Systematic Analysis of Process and Outcomes in the Cyprus Negotiations. International Negotiation. 13 (-), 387-412 Yakinthou, Ch. (2009). The EU s Role in the Cyprus Conflict: System Failure of Structural Metamorphosis?. Ethnopolitics. 8 (3-4), 307-323 Yilmaz, M. (2010). Capturing the Complexity of the Cyprus Conflict.Turkish Journal of Politics. 1 (1), 5-25 Yilmaz, M. (2005). The Cyprus Conflict and the Question of Identity.Uluslararasr Hukuk ve Politika. 1 (4), 74-90 Author Supervisor

The List of Contents Master Thesis Proposal... 6 1 Introduction... 12 1.1 Thesis Statement... 14 1.2 Literature Review... 15 2 Theory... 20 3 The origins of the conflict... 24 4 EU Accession... 29 5 EU s role in the conflict resolution... 34 6 Renewed negotiations and Future development... 41 7 Conclusion... 55 8 References... 58

1 Introduction The international community is defined by the relations among the states as well as by the relations and conditions within those states. Conflicts are being a vital part of contemporary international arena and we can observe them in various countries and regions. One of the most long-lasting ones is, without any doubt, the conflict in Cyprus. The conflict in Cyprus, which is ongoing for more than four decades, escalated with the Turkish invasion and it lasts ever since. The invasion caused the occupation of one third of the island, displacement of many people and, eventually, permanent division of the country into two parts the north and the south. The conflict draws the attention of the international community mainly because of the issues with the self-proclaimed Turkish Republic of Northern Cyprus, which is not internationally recognized by any state but Turkey. Moreover there are multiple reasons for the conflict to be resolved. These reasons will be further addressed in the thesis. The conflict in Cyprus has always been under the attention of many international actors, such as the United Nation, which holds the formal auspices over the conflict resolution in Cyprus. The United Nation is also protecting the security environment in the country by administering the Buffer Zone between the disputed parts of Cyprus. As the Republic of Cyprus (meaning the southern part of the island) became the member state of the European Union in 2004, the conflict became Union s internal conflict. Although, the resolution of the conflict was not a precondition for the European Union accession, now it is the Union s responsibility to keep involved in the negotiations and resolution process. As the European Union develops it Common Foreign and Security Policy as well as Common Security and Defence Policy it is necessary to address the role of the European Union in the peace talks within its own member state, which suffers from an ongoing conflict. The role of the European Union as the conflict 12

manager will be one of the main issues addressed in this diploma thesis. This part will be based on the theoretical background proposed further in the introduction and the principles of mediation will be used for this role evaluation. The thesis will further elaborate on the possible outcomes of the conflict resolution process as well as the advantages and disadvantages of the resolution. The main reasons behind the decision to focus on the Cyprus dispute, as the topic for this diploma thesis, are to further examine the case and to comprise the development of the last decade, which seems to be promising and in favour of the resolution. The European Union accession, as a milestone in the history of Cyprus, will be considered as a move forward in the negotiations and the European Union s role as a conflict manager shall be analysed. Also, the relevance of the topic provides an opportunity to research a very current debate and come up with various findings. Firstly, the thesis will outline the nature of the conflict itself, its root causes, escalation and development until the accession. Secondly, the focus will be put on the EU accession period and the conditions under which Cyprus became the member state of the European Union. Thirdly, the thesis will analyse to what extent the European Union is an important actor in the Cyprus dispute resolution and if the Union can be referred as a relevant conflict manager. Lastly, this diploma thesis will assess the possible solutions, which could be suitable in case of Cyprus conflict resolution. It will further evaluate the current process of renewed negotiations between Turkish and Greek part of the island and provide proposals for future development of the country. The aim of this thesis will be to conduct a qualitative analysis of a chosen case. In particular, the aim is to study the case of the conflict in Cyprus, its development after the European Union accession, possible future development and the role of the international 13

actors, mainly the European Union, in it. The thesis shall consist of the detailed study of a case. The research will be conducted by detailed data collection, literature review and examination of the case. 1.1 Thesis Statement Based on the introduction of this diploma thesis, the main goal of this thesis is to analyse the development of the Cyprus conflict with more emphasis put on the current round of negotiations, which is ongoing and proposes a promising opportunity to settle the longlasting dispute, which may be considered frozen for decades. As there have been multiple rounds of efforts for the conflict resolution, which mostly failed after all, we can consider the roles of the external actors in the position of mediators within the conflict. For the purposes of this diploma thesis, we assess the role of the European Union based on the theoretical background proposed later on. The basic principles of mediation will be proposed and they will be used as the criteria for European Union role s evaluation. We consider this topic to be very current with many possible ways of settlement. The last part of this thesis will be dedicated to these options. To help the evaluation of these variables we may propose a research question to set up the direction of our research. The question would be stated as follows: What is the role of the European Union in the mediation process and how it has contributed to the conflict resolution process in Cyprus, which is likely to be settled in a foreseeable future? 14

1.2 Literature Review There has been an intensive research conducted in order to grasp the nature of the conflicts in general. It is also the case of the Cyprus conflict, which has been drawing the attention of the scholars for decades. For the purposes of this diploma thesis, we use mainly the academic literature, academic papers published in renowned journals, legislative documents as well as the contributions in contemporary media on current development and the state of negotiations between the disputed parts of the island. Following part of the thesis provides the key literature review in order to help the reader to orientate within the existing resources and the literature used to conduct the research provided further on. Blockmans and Wessel deal with the role of the European Union within the international community. They analyse the ability for dealing with crisis and the EU s involvement in internal and external issues. The authors consider the Lisbon Treaty, and its impact on the EU s crisis management role, a milestone in the latest development of the EU s security and defence policy. This study is critical to the European Union s role, which often fails to reach the targets and the deadlines. They also express their attitudes towards instability, weakness and ineffectiveness. Blockmans and Wessel s study comes up with the research of the Lisbon Treaty, its impact on the EU security, foreign and defence policy and the issues of legal and institutional framework and its sufficiency for the EU to face the challenges coherently. The main argument is that the classification between soft-hard and internal-external policies shall be more precise in order to achieve more coherent and consistent Union able to contribute to conflict management and resolution. 1 1 BLOCKMANS, S. a R. A WESSEL. The European Union and Crisis Management: Will the Lisbon Treaty Make the EU More Effective? Journal of Conflict and Security Law [online]. 2009, 14(2), 265-308 [cit. 2016-04-28]. DOI: 10.1093/jcsl/krp020. ISBN 10.1093/jcsl/krp020. Avaliable: http://jcsl.oxfordjournals.org/cgi/doi/10.1093/jcsl/krp020 15

Muzaffer Yilmaz provides us a complex overview starting with the history and root causes of the conflict, which sets the historical background needed for our research. The study outlines the specifics of each round of negotiations, reasons for their failures and differences between them. Yilmaz s work is used to analyse the details of the Annan Plan, its advantages, shortcomings and further development after its refusal and the European Union accession. 2 George Kyris brings us further research on the European Union and the Cyprus problem. This issue is essential for the purposes of this thesis, therefore is used as a key source. He considers the pre-accession period a window of opportunity for the dispute to be settled. On the other hand, during the post-accession period he calls for the new incentives for the European Union to stay involved in the resolution process. Kyris analyses the role of the EU institutions, EU Council encouraging the economic, social and political development of the Turkish Cypriot as well as the whole country using mechanisms as Financial Aid Regulation and Green Line regulation. Kyris concludes that the European Union: plays an important role, but not one that facilitates the achievement of a compromising solution. And it made both of the communities more inflexible. 3 The research of T. Oguzlu also contributes to the study of the Union s role in the Cyprus peace process. The vision of the stabilizing effect on the situation with a vision of peace and security as a consequence of the membership accession process is being made. 4 Similar research, on difficult membership application and its implications for the Cyprus dispute, by Neill Nugent is being used as a background source in the second part of this 2 YILMAZ, Muzaffer Ercan. Capturing the Complexity of the Cyprus Conflict. Turkish Journal of Politics[online]. 2010, 1(1), 5-25 [cit. 2016-04-19]. Avaliable: http://tjp.fatih.edu.tr/docs/articles/66.pdf 3 KYRIS, George. 2012. The European Union and the Cyprus problem: a story of limited impetus. Eastern Journal of European Studies [online]. 3(1), 87-99 [cit. 2016-04-16]. Avaliable: http://eprints.lse.ac.uk/49389/1/kyris_european_union_cyprus_2012.pdf 4 OGUZLU, H. Tarik. The EU as an Actor in the Solution of the Cyprus Dispute: The Question of "How"? Journal of Ethnopolitics and Monority Issues in Europe [online]. Turkey, 2002, (2), 1-25 [cit. 2016-04-14]. Avaliable: http://www.ssoar.info/ssoar/bitstream/handle/document/6213/ssoar-jemie-2002-iss_2-oguzluthe_eu_as_an_actor.pdf?sequence=1 16

thesis, which deals with the European Union complicated accession. 5 As we analyse the role of the European Union in the conflict resolution, based on the principles of mediation, which are going to be evaluated in the concluding part of this thesis, as well the current state of affairs within the ongoing round of negotiations with possible vision for settlement in the foreseeable future. The study of Christalla Yakinthou provides us with quite a negative look on the EU s involvement. She argues, that the current state of affairs in Cyprus may be called a negative peace stalemate and the EU slightly contributed to the conflict s transformation from historical and fixed into highly entrenched, politicized, layered and protracted issue. 6 To further elaborate on issues on the EU s role in the conflict we use the study of Eralp and Beriker, who deal mainly with the accession period and criticize the EU enlargement process for not bringing the desired outcomes. They argue, that the EU s foreign policy toolbox shall be enlarged and using the mechanism of threats and rewards was not sufficient within the Cyprus conflict resolution process. 7 Although the EU enlargement and the concept of Europeanisation was rather quite optimistic with the vision of cultural, legal, political, institutional and economic impact of EU integration on domestic issues. 8 On the one hand it is partially true, on the other this thesis is rather oriented to the opinion, that the EU s involvement is not the one contributing to the compromising solution. Mostly dominant are the domestic parties and internal actors. As M. S. Michael argues, both of the parties have to present during the 5 NUGENT, Neill. Cyprus and the European union: A particularly difficult membership application. In: Mediterranean Politics [online]. 2007, s. 53-75 [cit. 2016-04-26]. DOI: 10.1080/13629399708414630. ISBN 10.1080/13629399708414630. ISSN 1743-9418. Avaliable: http://www.tandfonline.com/doi/full/10.1080/13629399708414630 6 YAKINTHOU, Christalla. The EU's Role in the Cyprus Conflict: System Failure or Structural Metamorphosis? Routledge [online]. 2009, 8(3-4), 307-323 [cit. 2016-04-14]. DOI: 10.1080/17449050903086922. ISBN 10.1080/17449050903086922. Avaliable: http://www.tandfonline.com/doi/abs/10.1080/17449050903086922 7 ERALP, D. U. Assessing the Conflict Resolution Potential of the EU: The Cyprus Conflict and Accession Negotiations. Security Dialogue [online]. SAGE Publications, 2005, 36(2) [cit. 2016-04-21]. DOI: 10.1177/0967010605054647. ISBN 10.1177/0967010605054647. Avaliable: http://sdi.sagepub.com/cgi/doi/10.1177/0967010605054647 8 COPPIETERS, Bruno, Michel HUYSSEUNE, Michael EMERSON, Nathalie TOCCI a Marius VAHL. European Institutional Models as Instruments of Conflict Resolution in the Divided States of the European Periphery. 195. Brussels: Centre for European Policy Studies, 2003. ISBN 92-9079-449-6. 17

settlement in order for it to be legitimate. He also expresses an option, that the conflict is so much connected to Turkey and EU-Turkey relations, that it may remain protracted for as long as Turkey becomes a member state. 9 The role of the European Union institutions is being analysed in the report of George Christou, who focuses on the role of the European Commission in the Cyprus conflict. Author argues, that the Commission has the ability to provide the strategies on the institutional level, but the practice is rather questionable and limited. More important, stronger and prevailing structures are the domestic, regional and international ones. 10 Last, but not the least, we use the reports and analyses of the International Crisis Group in order to conclude our researched and support it with reliable sources. The International Crisis Group analyse the Cyprus dispute quite deeply in multiple reports. The most recent ones deal with the latest kind of solution, which is considered to be expected any time soon. The reports provide ways and possibilities, recommendations and problematic issues within the conflict resolution process. 11 Although the Group inclines to the two-state solution, they offer other possibilities as well. These are going to be outlined in the final part of this thesis. 12 The above mentioned literature and much more, which is provided at the very end of this thesis, are used to collect precise information about the case, which is being dealt with in the thesis. We analyse the academic literature, papers, working documents as well as the 9 MICHAEL, M. S. The Cyprus Peace Talks: A Critical Appraisal. Journal of Peace Research [online]. London: Sage Publications, 2007, 44(5), 587-604 [cit. 2016-04-14]. DOI: 10.1177/0022343307080857. ISBN 10.1177/0022343307080857. Avaliable: http://jpr.sagepub.com/cgi/doi/10.1177/0022343307080857 10 CHRISTOU, George. The European Commission as an Actor in the Cyprus Conflict. In: Journal of European Integration. 35:2. 2012, s. 117-133. DOI: 10.1080/07036337.2012.690153. ISBN 10.1080/07036337.2012.690153. Avaliable: http://www.tandfonline.com/doi/abs/10.1080/07036337.2012.690153 11 Cyprus: Six Steps toward a Settlement. 2011. International Crisis Group [online]. (61), 1-19 [cit. 2016-04- 16]. Avaliable: http://www.crisisgroup.org/~/media/files/europe/turkey-cyprus/cyprus/b61%20cyprus%20- %20Six%20Steps%20toward%20a%20Settlement 12 Cyprus: Reunification or partition? International Crisis Group [online]. 2009, (201), 1-39 [cit. 2016-04- 17]. Avaliable: http://www.crisisgroup.org/~/media/files/europe/201_cyprus reunification_or_partition.pdf 18

contributions in the contemporary media, in order to provide relevant arguments on the current development of the situation and conflict resolution process. 19

2 Theory The international community is being defined by the relations among the actors within it. These relations can be of various kinds, but most generally, we can differentiate between peaceful and conflictual relations. For the purposes of this thesis, we put an emphasis on the conflictual relations and conflicts as such. Conflicts are being a vital part of the international arena and we can observe conflicts between various actors, regions, states, communities, etc. The conflicts within the international community are usually quite different from the ones within the society. The first mentioned are accompanied by violations, deaths, interventions, occupations and displacement of people, which contribute to developing mechanisms to manage or solve these conflicts. The aim of the international community and important global actors, who have the capabilities to do so, is to use these mechanisms and reduce the number of conflicts worldwide. The mechanisms include mediation, negotiations, conciliations, good offices, etc. 13 For the purposes of this thesis, we focus on mediation, as one of the key mechanisms in conflict resolution. We use the theory and the principles of mediation in order to set up the theoretical background for further research of the conflict in Cyprus and the involvement of the third party, in this case the European Union, in it. Mediation is characterised by the involvement of the third actor in the conflict in order to bring the disputed parties closer together, manage the conflict and contribute to the conflict resolution. The main mechanisms, used by mediatiors to achieve these goals, are negotiations. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and 13 AMOH, George. MEDIATION - The Preferred Alternative for Conflict Resolution [online]. In:. 2007 [cit. 2016-05-07]. Avaliable: http://www.gdrc.org/u-gov/conflict-amoh.html 20

facilitates rather than directs the process. Mediation is becoming a more peaceful and internationally accepted solution in order to end conflict. Mediation can be used to resolve disputes of any magnitude. 14 Jacob Bercowitch defines mediation as "a process of conflict management, related to but distinct from the parties' own negotiations, where those in conflict seek the assistance of, or accept an offer of help from, an outsider (whether an individual, an organization, a group, or a state) to change their perceptions or behavior, and do so without resorting to physical force or invoking the authority of law 15." Mediation is considered to be the most flexible, neutral, impartial mechanism for the conflict settlement with the contribution of the third party. The mediation process should ensure that the disputed parties come up with the solution suitable for all of them and conducts to creating a peacefull and sustaiable environment. The third party involved in the mediation process, called the mediator, shall be an individual, a state, an international organization, an institution or a regional organization. 16 Applied to this thesis, we consider the effectiveness of the European Union in the role of mediator and conflict resolution manager in the process of Cyprus dispute settlement. 14 Basic Principles of Mediation [online]. In:. [cit. 2016-05-07]. Avaliable: http://www2.warwick.ac.uk/services/humanresources/newpolicies/mediation/basic_principles_of_mediation. docx 15 Conflict Research Consortium Staff. Summary of Mediation in International Conflict: An Overview of Theory, A Review of Practice [online]. In:. [cit. 2016-05-07]. Avaliable: http://www.beyondintractability.org/artsum/bercovitch-mediation 16 AMOH, George. MEDIATION - The Preferred Alternative for Conflict Resolution [online]. In:. 2007 [cit. 2016-05-07]. Avaliable: http://www.gdrc.org/u-gov/conflict-amoh.html 21

The process of mediation and the role of the mediator are ruled by the principles, which set the directions and character of the conflict resulution. These include: Mediators shall be neutral and impartial treat the disputed parties equally without any judgements. Mediator shall propose possible ways for reaching resolution. Any choices and decisions made during mediation are participants decisions and choices mediators will not provide advice on people s interests. Discussions shall be private and further communicated outside the mediation with their agreement of the parties involved. The mediator will assess whether mediation is likely to be helpful, and will feedback as appropriate. The aim is that, by the end of the process, the mediator(s) will have helped people identify the key issues of concern, and options for moving forward At the end of the mediation, the mediator will agree with the parties what will or won t be reported back. Often all people will want to report back is that the mediation has taken place, although they may agree with the mediator. 17 We also provide the principles proposed by different studies, more precisely the University of Bradford Peace Studies and its first chairman Adam Curle, who conclude that: The mediator acts to build, maintain, and improve communication between the disputants. The mediator facilitates information to and between the disputants. 17 Basic Principles of Mediation [online]. In:. [cit. 2016-05-07]. Avaliable: http://www2.warwick.ac.uk/services/humanresources/newpolicies/mediation/basic_principles_of_mediation. docx 22

The mediator must 'befriend' the disputants in the mediation process to enhance trust and confidence. And fourth, to encourage what he refers to as 'active mediation'. By active mediation Curle, refers to the ability to cultivate a willingness to engage in cooperative negotiation. 18 The reasons behind seeking mediation are to express the interest in the dispute settlement, seeking impartiality or security guarantors. On the other hand, mediators are willing to get involves for various reasons, such as, seeking peace in security in the international community, humanitarian reasons, expanding their influence, etc. 19 According to these principles and what may be called, the theory of mediation, this thesis assesses the role of the European Union based on this theoretical background. The Union acts like an important actor in the conflict resolution process, with the aim to become a relevant global actor. This thesis puts an emphasis on the role of the European Union in the Cyprus conflict resolution process. The last part and the conclusion are going to evaluate this role according to the above mentioned principles. 18 AMOH, George. MEDIATION - The Preferred Alternative for Conflict Resolution [online]. In:. 2007 [cit. 2016-05-07]. Avaliable: http://www.gdrc.org/u-gov/conflict-amoh.html 19 Conflict Research Consortium Staff. Summary of Mediation in International Conflict: An Overview of Theory, A Review of Practice [online]. In:. [cit. 2016-05-07]. Avaliable: http://www.beyondintractability.org/artsum/bercovitch-mediation 23

3 The origins of the conflict The first part of the thesis analyses the origins, causes and development of the conflict. It is necessary to outline the overall character of the conflict in order to understand its nature and subsequently assess the substantial factors for the settlement and possible future development with both parts of the Cypriot population being satisfied. In order to understand the nature of the conflict and its complexity, we are going to propose the main reasons behind the escalation of the conflict and the development of the negotiations in the form of multiple rounds over the decades. 20 As the primary goal of this diploma thesis is to focus on the period of the EU accession, development in the last decade and the role of the European Union in the process, we are not going into deep details about the whole history of Cyprus and the dispute. For the purposes of this thesis, we analyse the conflict itself, its nature, the relations between Greek and Turkish Cypriots and the most important milestones until the EU accession. Deeper emphasis, in the following parts of the thesis, will be put on the subsequent development of the conflict up until the current renewed negotiations process. Cyprus has always been an important country due to its strategic position in the Eastern Mediterranean. It is easy to reach the island from Europe, Turkey, Middle East and North Africa. Its location is undoubtly one of the reasons for many attempts to conquer it by many civilizations. First Greeks inhabited the island approximately three thousand years ago. The Turkish population is a residue from the times of Ottoman Empire occupation in the sixteenth century. The two communities learned to cohabitate on a shared land while Britain held sovereignty over the country. We can observe signs of nationalist tendencies to unite with Greece, and consequently with Turkey as an antipole. The call for the 20 YILMAZ, Muzaffer Ercan. Capturing the Complexity of the Cyprus Conflict. Turkish Journal of Politics[online]. 2010, 1(1), 5-25 [cit. 2016-04-19]. Avaliable: http://tjp.fatih.edu.tr/docs/articles/66.pdf 24

unification with Greece intensified when Makarios III was elected the president of Cyprus in 1950. This pro-greek unification was called enosis, and preferred Cyprus to be more Greek than Turkish. Two communities settled on the island were considered to be too different to share one country anymore. They differ with language, national identity, religion, therefore Turkish part no longer agreed with the British rule over the island and preferred partition. The Turkish initiative counter to the enosis was called taksim. 21 All of these factors contributed to the tensions between the communities and the possibility of war escalation. Britain had made a decision, that it would have been safer for the country to give up its rule over Cyprus and start the process of gaining independence. Cyprus eventually became an independent country in 1960 and the archbishop Makarios became the first president. Former British colony and newly independent country signed the treaty known as the Treaty of Guarantee, which constituted that the guarantor powers, Great Britain, Greece and Turkey would ensure Cyprus security, stability and peaceful development without any external involvement. 22 Cyprus enjoyed its independent status only for three years, because of the continuous efforts for enosis and Makarios did not enjoy much of a popularity from Turkish Cypriots. 23 Turkish Cypriots created their own areas, where they gathered, as well as they withdrew from the government. Political contacts were broken, but social and economic ones were kept in place and the country was basically already divided since then. Cyprus was seen as a fragile country with a connection to Britain, Greece and Turkey as guarantors of its security. Mainly Greece and Turkey considered the country a strategic point and whoever 21 YILMAZ, Muzaffer Ercan. Capturing the Complexity of the Cyprus Conflict. Turkish Journal of Politics[online]. 2010, 1(1), 5-25 [cit. 2016-04-19]. Avaliable: http://tjp.fatih.edu.tr/docs/articles/66.pdf 22 ERALP, D. U. Assessing the Conflict Resolution Potential of the EU: The Cyprus Conflict and Accession Negotiations. Security Dialogue [online]. SAGE Publications, 2005, 36(2) [cit. 2016-04-21]. DOI: 10.1177/0967010605054647. ISBN 10.1177/0967010605054647. Avalieble: http://sdi.sagepub.com/cgi/doi/10.1177/0967010605054647 23 YILMAZ, Muzaffer Ercan. Capturing the Complexity of the Cyprus Conflict. Turkish Journal of Politics[online]. 2010, 1(1), 5-25 [cit. 2016-04-19]. Avaliable: http://tjp.fatih.edu.tr/docs/articles/66.pdf 25

would be in control of it, would gain a lot. Turkey planned a coup to invade Cyprus even before, but it waited for the best chance while there was another coup foreseen from the Greek side. Greece planned to invade Cyprus and to overthrow president Makarios in 1974. This event and the fragility of the country was misused by Turkey, which invaded Cyprus at the very same time and occupied the northern part of the island, reached the capital city of Nicosia and caused the displacement of thousands of Cypriots from the north, who were constraint to flee from their homeland. This invasion was justified by the Treaty of Guarantee, signed in 1960 by the guarantor sides, as the prevention from the Greek coup and the protection of Turkish Cypriot community, but still considered to be illegal as the country remained formally divided by the Green Line, with the presence of United Nations Peacekeeping forces, Turkish army and the conflict became frozen for decades. The invasion caused that the north of the country administered by Turkey was soon to be declared a Turkish Republic of Northern Cyprus in 1983, recognized by no one but Turkey. The research of the aftermath and the development of the country shows, that the escalation of the conflict caused the decay of the economy and social framework of the country as well as separate routes of development for both of the communities. 24 This development includes different languages, culture, religion, interpretation of the past, view for the future and the overall identity. 25 Following years brought up multiple rounds of negotiations, with the United Nations kept involved in the process, in order to come up with the solution between the leaders of the both communities. None of the negotiations were able to fulfil the expectations of a proper settlement satisfying the leaders as well as the citizens. The conflict has kept on going 24 THEOPHANOUS, Andreas. Prospects for Solving the Cyprus Problem and the Role of the European Union. The Journal of Federalis [online]. 2000, 30(1-2), 217-241 [cit. 2016-04-14]. Avaliable: https://publius.oxfordjournals.org/content/30/1/217.full.pdf 25 BROOME, Benjamin J. Reaching Across the Dividing Line: Building a Collective Vision for Peace in Cyprus. Journal of Peace Research [online]. Sage Publications, 2004, 41(2), 191-209 [cit. 2016-04-14]. DOI: 10.1177/0022343304041060. ISBN 10.1177/0022343304041060. ISSN 0022-3433. Avaliable: http://jpr.sagepub.com/cgi/doi/10.1177/0022343304041060 26

relatively non-violently for decades, therefore, in the later part of this thesis, we argue about the non-violent development of the conflict as a precondition to the (il)legal peace. Year 2003 brought a huge step towards bringing the two communities closer to each other, when the Green Line has been opened and the citizens were allowed to cross from one side to another one. 26 After analysing the origins and root causes of the conflict, we can argue, that the Cyprus dispute is considered to be a very complex, long-lasting and problematic issue between two communities inhabiting one island. The differences between these two communities are quite substantial when it comes to cultural and religious aspects. Nevertheless, there is still a continuous tension and insecurity in the country as after the decades of negotiations and protracted stalemates, we can argue, that the conflict in Cyprus has become frozen. The definition of a frozen conflict claims, that even though, there is no direct violence or fighting conducted, there is no peace treaty signed to officially settle the conflict. However, there is a military occupying the country, which causes the insecurity and possible escalation of the violence, the development in Cyprus has been quite peaceful in recent years. 27 Some of the studies on peace and security argue, that even though there is an ongoing conflict in the country, we can observe peaceful development, which brings us to the question of peace and its nature in Cyprus. The liberal theories, define peace as the absence of violence. This argument can be applied on the Cyprus dispute, as we can no longer observe any direct violence, fighting or people dying. On the other hand, they argue, 26 Divided Cyprus: Coming to Terms on an Imperfect Reality. International Crisis Group: Europe Report [online]. Brussles: International Crisis Group, 2014, (229), 1-44 [cit. 2016-04-19]. Avaliable: http://www.crisisgroup.org/~/media/files/europe/turkey-cyprus/cyprus/229-divided-cyprus-coming-to-termson-an-imperfect-reality.pdf 27 Divided Cyprus: Coming to Terms on an Imperfect Reality. International Crisis Group: Europe Report [online]. Brussles: International Crisis Group, 2014, (229), 1-44 [cit. 2016-04-19]. Avaliable: http://www.crisisgroup.org/~/media/files/europe/turkey-cyprus/cyprus/229-divided-cyprus-coming-to-termson-an-imperfect-reality.pdf 27

that this kind of peace cannot be defined as liberal one. Therefore, according to these arguments, we can define the current nature of the situation in Cyprus as an illiberal peace, relatively peaceful progress but based on the illegitimate Turkish intervention and occupation. 28 The negotiations until the European Union accession, as well as the ones after this milestone (will be further assessed in the last part of the thesis), have always been driven by the principle of agreement, where if the negotiators do not agree on everything, they do not agree on anything. 29 Source: Cyprus [map].< http://www.mapsopensource.com/cyprus-political-map-black-and-white.html > (Accessed 2016-04-28). 28 ADAMIDES, Constantinos. Comfortable Conflict and (Il)liberal Peace in Cyprus. Hybrid Forms of Peace: From Everyday Agency to Post-liberalism [online]. Palgrave Macmillan,, 242-259 [cit. 2016-04-19]. Avalieble: https://www.academia.edu/955907/comfortable_conflict_and_il_liberal_peace_in_cyprus 29 Divided Cyprus: Coming to Terms on an Imperfect Reality. International Crisis Group: Europe Report [online]. Brussles: International Crisis Group, 2014, (229), 1-44 [cit. 2016-04-19]. Avaliable: http://www.crisisgroup.org/~/media/files/europe/turkey-cyprus/cyprus/229-divided-cyprus-coming-to-termson-an-imperfect-reality.pdf 28

4 EU Accession The European Union and the Republic of Cyprus, which claims jurisdiction over the whole territory of the island, have started the talks and cooperation, which led to the developing relations, already in the 1970s. The reasons behind these relations were mainly economic in order to enhance trade with the European Communities. Had not there been the invasion and the division, Cyprus could have entered the European Union as a united country back then. The whole accession process got slightly complicated as the northern part of the island was declared to be independent with the Turkish Republic of Northern Cyprus holding jurisdiction over the territory. The southern part further developed the relations with the European Union on its way to the EU membership. As the Republic of Cyprus fulfilled the criteria needed for the accession and the European Union declared, that it would not have required the settlement of the conflict prior to the accession, Cyprus entered the European Union within the Eastern enlargement period as a divided country, with the TRNC not recognized as independent and the conflict between Greek Cypriots and Turkish Cypriots have become internal to the EU in 2004. 30 The period of the European Union Accession is considered to be a milestone in the development of Cyprus. It is connected to a very important round of negotiations and the United Nations facilitating with a plan for reuniting Cyprus and proposing a plan for a comprehensive settlement of the conflict. Former Secretary-General Kofi Annan almost reached the settlement with the vision he proposed and now it gets to be also called the Annan Plan. Therefore we include 30 NUGENT, Neill. Cyprus and the European union: A particularly difficult membership application. In: Mediterranean Politics [online]. 2007, s. 53-75 [cit. 2016-04-26]. DOI: 10.1080/13629399708414630. ISBN 10.1080/13629399708414630. ISSN 1743-9418. Avaliable: http://www.tandfonline.com/doi/full/10.1080/13629399708414630 29

the overall ideas from this vision which reached almost to the settlement, had it been approved by both of the communities in the referendum. 31 The Annan Plan, or the plan for reuniting Cyprus and resolution of the conflict, was ironically refused by the Greek Cypriots. On the other hand, the plan is up today considered the closest, that Cyprus has ever been to the settlement. 32 The Annan Plan itself establishes the new state of affairs in the country. The plan introduces the treaties contributing to the peaceful settlement of the conflict. It keeps the former Treaties of Establishment, Guarantee and Alliance in place within the new legislative order in the country, which should have entered the country as a whole in 2004 and keeps the essential relationships with Greece, Turkey and the United Kingdom. It forbade any kind of intervention, succession or partition in order to prevent the conflict from escalating ever again. The plan envisioned Cyprus to consist of two equal constituent states with one federal government, one legal personality and sovereignty. 33 The following part will introduce the fundamental issues proposed by the plan for the settlement. We will briefly assess these issues and their importance on the resolution of the protracted conflict. Political System: The plan suggested that Cyprus would be reunited in the form of bi-zonal federation consisting of two equal states of Greek and Turkish Cypriots. The plan applied the model of combination of federation and confederation, which is quite unique in the international 31 32 Divided Cyprus: Coming to Terms on an Imperfect Reality. International Crisis Group: Europe Report [online]. Brussles: International Crisis Group, 2014, (229), 1-44 [cit. 2016-04-19]. Avaliable: http://www.crisisgroup.org/~/media/files/europe/turkey-cyprus/cyprus/229-divided-cyprus-coming-to-termson-an-imperfect-reality.pdf 33 ANNAN, Kofi. THE COMPREHENSIVE SETTLEMENT OF THE CYPRUS PROBLEM [online]. 2004,, 6-7 [cit. 2016-04-23]. Avaliable: http://www.hri.org/docs/annan/annan_plan_april2004.pdf 30

community. Political Power: The power of both communities would have been extended and equal in the newly reunited state with strong state power. Sovereignty: The state should have been united with one shared sovereignty and recognized by the international community. Representation: The Greek and Turkish communities should have been represented equally in all of the legislative and executive branches. The Presidency should have been rotating between the communities in order to maintain the equality of Greek and Turkish Cypriots. The parliament should have consisted of two chambers, the upper one to represent two communities in 50:50 ratio and the lower one represented by the population percentage. Guaratees: The plan proposed the idea for changing the guarantor powers over the country s security. The treaties from 1960s established Greece, Turkey and the United Kingdom the security guarantors. The Greek Cypriots claim, that this Treaty was misused by Turkey in order to justify the intervention. Annan Plan would imagine the international community upholding the protective oversight over Cyprus. This idea was reflected negatively by the Turkish Cypriots and they considered this option acceptable only once Turkey becomes the member of the European Union. 31

Freedoms: There would have been more emphasis put on freedoms of movement, settlement property. This means, that the communities would have had the right to move freely across the country, without any of the passport controls or restrictions. They could have been free to settle accordingly to bi-zonality, and the same applies for property rights. Territory: The above mentioned freedoms, would have been applicable on the whole territory of the country, which would have been adjusted in a way that this plan suggests (72:28 ratio). Military: The military and the presence of Turkish troops in Cyprus is up until today a sensitive issue. The settlement requires a full withdrawal of the troops. There should be only police force for each state and the federation kept in place. Displacement and property: The territorial adjustment would have been the baseline for the settlement of the displaced people. People would have been settled in their previous properties or properly financially compensated. EU Membership: The European Union membership has been dealt with for a long time before the Annan Plan was debated and considered as a proper plan for dispute settlement. The solution of the conflict would have helped to the EU membership of the whole country and the issues 32

outlined in this comprehensive proposal would have been a part of EU s acquis communautaire after they would have been agreed upon in referendum. 34 The plan seemed as a promising chance to settle the frozen conflict between Greek and Turkish Cypriots, who has experienced decades of dealing with conflicting issues as well as numerous rounds of negotiations. The will for settlement was strong, until the declaration of Greek Cypriot president Papadopoulos, that the Annan Plan advantages the Turkish Cypriots and disadvantages the Greeks, therefore encouraged the Greek Cypriots to reject the plan in the forthcoming referendum. This definitely displayed at the results of the referendum when Turkish Cypriots supported the plan by 64,9%, but Greek Cypriots rejected it by 75,8% after all. There was no going back from these results and the resolution ended up in a stalemate once again. The country entered the European Union not as one united federal state, but as a divided island, where only Greek Cypriots have had the right to enjoy the benefits, which comes from the EU membership. 35 The conditions under which Cyprus accessed the EU, created pattern for further development, which disadvantages the Turkish Cypriots despite their support of the Annan plan. In current environment, the inclusion of Turkish Cypriots into the EU, it is necessary to come up with the formal settlement and the replacement of the Republic of Cyprus by the bi-comunal and bi-zonal federal state in the European Union. 36 34 YILMAZ, Muzaffer Ercan. Capturing the Complexity of the Cyprus Conflict. Turkish Journal of Politics[online]. 2010, 1(1), 5-25 [cit. 2016-04-19]. Avaliable: http://tjp.fatih.edu.tr/docs/articles/66.pdf 35 YILMAZ, Muzaffer Ercan. Capturing the Complexity of the Cyprus Conflict. Turkish Journal of Politics[online]. 2010, 1(1), 5-25 [cit. 2016-04-19]. Avaliable: http://tjp.fatih.edu.tr/docs/articles/66.pdf 36 KYRIS, George. 2012. The European Union and the Cyprus problem: a story of limited impetus. Eastern Journal of European Studies [online]. 3(1), 87-99 [cit. 2016-04-16]. Avaliable: http://eprints.lse.ac.uk/49389/1/kyris_european_union_cyprus_2012.pdf 33