Separate simultaneous referenda in Cyprus: was it a ‘fact’ or an ‘illusion’?

Abstract:

The meaning and consequences of the separate simultaneous referenda held in Cyprus on 24 April 2004 is crucial for the Cyprus dispute. This essay argues that despite the declared terms as to the legal effects of the referenda, the inherent nature of the constitutive powers of the Turkish and Greek Cypriots have created legal consequences for the referenda. It also maintains that the validity of the UN Secretary-General's interpretation of the result of the referendum held in North Cyprus was questionable. His well-intentioned goal was to overcome the hurdle created by previous UN resolutions to provide relief to the Turkish Cypriots. However, until and unless the restrictions and limitations on Turkish Cypriots are lifted by the international community, this interpretation will undermine the position of Turkey and Turkish Cypriots both in future negotiations and under international law.