Two-state solution (Cyprus)

Two-state solution (Cyprus)
The two-state solution for the Cyprus dispute refers to the proposed permanent division of the island of Cyprus into a Turkish Cypriot State in the north and a Greek Cypriot State in the south, as opposed to the various proposals for reunification that have been suggested since the island was split into two by the 1974 Turkish invasion. The two-state solution would entail the legalisation of the status quo, where Greek Cypriots govern the southern part of the island and Turkish Cypriots govern the northern part, the latter of which is currently not recognised by any country other than Turkey.
On 14 December, 2019, Foreign Minister of Northern Cyprus Kudret Özersay said a two-state solution to the issue was "close to hand". On 23 February, 2020, Ersin Tatar, who was then the prime minister of Northern Cyprus and was elected its president eight months later, said that "a forced marriage cannot be successful". He elaborated, "We are different, we speak Turkish and they speak Greek. We are Muslims and they are Christians. The new generation does not know each other at all. A child who was 10 in 1974 is now 55, he has grandchildren. We are separated."
ICJ's 2010-Kosovo decision and its reflections on the two-state solution
United Nations' International Court of Justice decided in 2010 that "International law contains no prohibition on declarations of independence".
The International Court of Justice (ICJ), without specifying whether it agrees or not on the determination of some of the relevant UNSC resolutions, declared in 2010 that "81. Several participants have invoked resolutions of the Security Council condemning particular declarations of independence: see, inter alia, Security Council resolutions 216 (1965) and 217 (1965), concerning Southern Rhodesia: Security Council resolution 541 (1983), concerning northern Cyprus; and Security Council resolution 787 (1992), concerning the Republika Srpska.
The Court notes, however, that in all of those instances the Security Council was making a determination as regards the concrete situation existing at the time that those declarations of independence were made; the illegality attached to the declarations of independence thus stemmed not from the unilateral character of these declarations as such, but from the fact that they were, or would have been, connected with the unlawful use of force or other egregious violations of norms of general international law, in particular those of a peremptory character (jus cogens). In the context of Kosovo. the Security Council has never taken this position. The exceptional character of the resolutions enumerated above appears to the Court to confirm that no general prohibition against unilateral declarations of independence may be inferred from the practice of the Security Council."
Oral Observations of Harold Hongju Koh on behalf of the United States of America, rejected the argument of the Cyprus against the "legality of the unilateral declaration of independence" of Kosovo: "When Cyprus pointedly sought to analogize the 1244 process to the heart-wrenching, but misleading, case where a parent sends a small child off to state supervision, only to lose her forever, I argued that upon reflection, the far better analogy would be to acknowledge the futility of the state forcing an adult child to return to an abusive home against her will, particularly where parent and child have already long lived apart, and where repeated efforts at reconciliation have reached impasse. There, as here, declaring independence would be the only viable option, and would certainly be in accordance with law."
Relevant Court Cases
International law contains no prohibition on declarations of independence, and the recognition of a country is a political issue.
On 2 July 2013, The European Court of Human Rights (ECtHR) decided that "...notwithstanding the lack of international recognition of the regime in the northern area, a de facto recognition of its acts may be rendered necessary for practical purposes. Thus the adoption by the authorities of the "TRNC" of civil, administrative or criminal law measures, and their application or enforcement within that territory, may be regarded as having a legal basis in domestic law for the purposes of the Convention".
On 9 October 2014, the USA's Federal Court stated that "the TRNC purportedly operates as a democratic republic with a president, prime minister, legislature and judiciary".
On 2 September 2015, ECtHR decided that "...the court system set up in the "TRNC" was to be considered to have been "established by law" with reference to the "constitutional and legal basis" on which it operated, and it has not accepted the allegation that the "TRNC" courts as a whole lacked independence and/or impartiality".
On 3 February 2017, The United Kingdom's High Court stated "There was no duty in the United Kingdom law upon the Government to refrain from recognizing Northern Cyprus. The United Nations itself works with Northern Cyprus law enforcement agencies and facilitates co-operation between the two parts of the island". and revealed that the co-operation between the United Kingdom police and law agencies in Northern Cyprus is legal.
Support for two-state solution
A number of observers suggest partition is the best solution to the Cyprus dispute.
In general, Turkey has often expressed its support for the two-state solution as an alternative to reunification, most notably by Turkish President Recep Tayyip Erdogan during his visit to majority Turkish North Nicosia in 2014. According to Greek Cypriot media, the two-state solution is pushed by Turkey in case the UN-mediated peace process fails.
In December 2021, the President of Northern Cyprus Ersin Tatar said that there are two separate states on the island and the Turkish Cypriot side will not accept a solution on the basis of a federation and it will not step back from the new policy of two separate states, which is fully supported by Turkey.
On 30 January, 2022, Turkish Cypriot president Tatar specified that the sovereign equality and the equal international status of the Turkish Cypriots are non-negotiable.
Polls
In 2007, the Turkish Republic of Northern Cyprus performed a poll on the topic, with 60% of Turkish Cypriots supporting the idea of the two-state solution. Another poll in 2009, made by KADEM research, showed 77.9% support among Turkish Cypriots with 63% casting doubt over the success of the peace negotiations.
In April 2009, an opinion poll conducted for the CyBC showed that the majority of Greek Cypriots supported partition.
In a 2010 opinion poll, 84% of Greek Cypriots and 70% of Turkish Cypriots agreed with the sentiment that "the other side would never accept the actual compromises and concessions that are needed for a fair and viable settlement".
On 16 November, 2019, a European Social Survey poll revealed that 13.9% of Greek Cypriots were in favor of the two-state solution, while 13.7% were neither for or against it but could tolerate it if necessary. It also showed that 18% of Greek Cypriots were in favor of keeping things the same, and that 31.2% were neither for or against it but could tolerate it if necessary. The poll concluded that 49.2% of Greek Cypriots were not against the current situation, while 27.6% were not against the two-state solution.
According to a January 2020 poll by Gezici, the two-state solution had a support rate of 81.3% among Turkish Cypriots.
In an opinion poll conducted by Cypronetwork among Greek Cypriots on behalf of the Cyprus Broadcasting Corporation (CyBC) in 2022, 18% stated that the best solution to the Cyprus problem was two separate states; the same figure was 4% in May 2021.
International memberships of Northern Cyprus with its official name
On 11 November 2022, Northern Cyprus became an observer state of the Organisation of Turkic States (OTS) with its official name "Turkish Republic of Northern Cyprus".
On 29 April 2023, Northern Cyprus became an observer member of the Parliamentary Assembly of Turkic States (TURKPA) with its official name "Turkish Republic of Northern Cyprus".
Opposition to two-state solution
The UN has tried to achieve the solution of the dispute via the reunification of Cyprus based on a federal model, with the Annan Plan as the most concrete example, though this was voted down by Greek Cypriots in 2004.
See also
Taksim (politics)
References
Cyprus peace process
Two-state solution