By Mehmet Sukru Guzel
1. TURKISH Cypriots ` NATIONAL LIBERATION MOVEMENT -TMT
In 1957, the TMT was formed to fight EOKA. In a response to the growing demand for Enosis, from a number of Turkish Cypriots who believed that the only way to protect the interests and identity of the Turkish Cypriot population in the event of enosis would be to divide the island into a Greek and a Turkish sector, a policy known as Taksim as a right to self-determination for the Turkish Cypriots.
TMT is an association of self-defense which aims to protect Turkish Cypriots from the cruelty of Greeks. When EOKA started to impel their attacks on Turkish Cypriots, they founded different resistance organizations at different times. Some of these Resistance organizations are Volkan, Kara Çete, 9 Eylül. but these troops were disorganized and they could not be very efficient. Turkish Resistance Organization which could unite these disorganized troops was founded. Turkish Resistance Organization started actual tasks on 1 August 1958. The duties of the organization were:
- In 1958, following the eruption of inter-communal clashes and the proposal of a partitionist plan by the British government, the national liberation movement in Cyprus, led by Archbishop Makarios, accepted a solution of limited independence the premises of which were elaborated in Zurich by the governments of Greece and (http://www.mfa.gov.cy/mfa/mfa2016.nsf/mfa08_en/mfa08_en?OpenDocument, retrieved on 28.07.2019)
- In 1955, when all their demands for self-determination were ignored, the Greek Cypriots embarked
upon a militant struggle to free the country from colonial rule, (http://www.mfa.gov.cy/mfa/mfa2016.nsf/mfa08_en/mfa08_en?OpenDocument retrieved on 28.07.2019).
- To protect the wealth, lives and honour of Turkish Cypriots and to provide the freedom of the Turkish Cypriots in their
- To resist the attacks of EOKA and beat
- To protect the unity and togetherness of the people of Cyprus Turks. To sustain the allegiance of Turkish Cypriots and fatherland Turkey.
TMT is a disciplined organization which was born out of the right of self- defense. The organization protected the Turkish Cypriots under very harsh circumstances with the help of Turkish society. As an outcome of the warrior and organizational side of Turkish society, it did its best while protecting and giving their lives to Cyprus Turkish society (Künter, 2019).
The Republic of Cyprus was established as a bi-communal state based on the partnership between Turkish Cypriots and Greek Cypriots with the authorization of the UN General Assembly resolution 1287. With this resolution, the General Assembly of the UN capacitated not only Turkey, Greece and the United Kingdom for a peaceful solution of the decolonization problem of Cyprus within the principle of Uti Possidetis but also the Turkish and Greek Cypriots. The Republic of Cyprus was established by the signatures of the representatives of Greek Cypriot and Turkish Cypriot with the three governments.
It was the 1959/1960 Agreement that facilitated independence from Britain and that gave international legal personality to the Greek Cypriot community and the Turkish Cypriot community (both were signatories to the Agreement) as two distinct and equal constituent peoples (Olgun, 1999).
The international legal personality of the Greek Cypriot community was achieved according to the Greek Cypriot government by the Greek Cypriots` national liberation movement EOKA`s use of force whereas the 1960 Republic of Cyprus recognized the political equality of Turkish Cypriots and Greek Cypriots as the co-founding partners of the new republic. The Constitution of the Republic of Cyprus was designed, as a functional federation and with this constitution Republic of Cyprus became a member of the UN and the international legal personality of the Turkish Cypriot community was recognized by the UN, not as a minority.
The international legal personality of the Turkish Cypriot community and the legality of the Turkish Cypriots’ national liberation movement TMT`s Jus ad bellum use of force as well accepted by the UN when Cyprus became a member of the UN with its bi-communal constitution.
The Greek Cypriots proposed amendments to the constitution, known as the Thirteen Points that entailed usurping the rights of Turkish Cypriots and degrading their equal co-founder status to that of a minority on the Island. Turkish Cypriots refused the Thirteen Points as an obligation to protect their treaty rights of recognized right to self-determination and do not recognize the situation created by the abuse of rights as legal. The international community has an obligation not to recognize it as lawful within the principle of ex injuria jus non-oritur based on the peremptory norm of self-determination of peoples under Article 73 of the United Nations Charter, the situation created by the Greek Cypriots with the amendments to the Constitutional Treaty of 16 August 1960.
The legal solution for the ongoing the Cyprus for decade is detecting that there exists no belligerency according to the 1960 constitution of Cyprus and the use of force of TMT after 1964 is under the definition of Jus ad bellum use of force of a national liberation movement to protect the inalienable right to self- determination of the Turkish community, recognized by the constitution of Cyprus and the UN General Assembly resolution 1287 against a racist regime
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