Identifier
Created
Classification
Origin
09NICOSIA7
2009-01-09 15:33:00
CONFIDENTIAL
Embassy Nicosia
Cable title:  

CYPRUS: SIDES STILL DIFFER ON GOVERNANCE, UN ENVOY

Tags:  PREL PGOV UNFICYP CY TU 
pdf how-to read a cable
VZCZCXRO3385
RR RUEHFL RUEHKW RUEHLA RUEHNP RUEHROV RUEHSR
DE RUEHNC #0007/01 0091533
ZNY CCCCC ZZH
R 091533Z JAN 09
FM AMEMBASSY NICOSIA
TO RUEHC/SECSTATE WASHDC 9462
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK 1301
RUEHBS/USEU BRUSSELS
C O N F I D E N T I A L SECTION 01 OF 02 NICOSIA 000007 

SIPDIS

DEPARTMENT FOR EUR/SE, IO/UNP

E.O. 12958: DECL: 01/07/2019
TAGS: PREL PGOV UNFICYP CY TU
SUBJECT: CYPRUS: SIDES STILL DIFFER ON GOVERNANCE, UN ENVOY
STILL A PART-TIMER

REF: 08 NICOSIA 916

Classified By: Ambassador Frank C. Urbancic, Reasons 1.4 (b),(d)

C O N F I D E N T I A L SECTION 01 OF 02 NICOSIA 000007

SIPDIS

DEPARTMENT FOR EUR/SE, IO/UNP

E.O. 12958: DECL: 01/07/2019
TAGS: PREL PGOV UNFICYP CY TU
SUBJECT: CYPRUS: SIDES STILL DIFFER ON GOVERNANCE, UN ENVOY
STILL A PART-TIMER

REF: 08 NICOSIA 916

Classified By: Ambassador Frank C. Urbancic, Reasons 1.4 (b),(d)


1. (C) SUMMARY: UNFICYP Senior Advisor Wlodek Cibor on
January 7 painted a less rosy picture than boss Special
Representative Taye-Brook Zerihoun of the most recent
(January 5) leaders' gathering. Cibor (please protect)
discounted the significance of Demetris Christofias and
Mehmet Ali Talat reaching agreement on harmonization and
cooperation between the federal government and the
constituent states, the subject of Zerihoun's positive public
spin, and noted that huge gaps remained between the sides'
positions on the hierarchy of federal and state laws, a far
more contentious subject. Turning to UN personnel matters,
long-time CyProb veteran Cibor lamented that UN Special Envoy
Alexander Downer continued to resist relocation to Cyprus, as
well as longer work hours on the island. Further, he worried
that Downer's appointment of a Good Offices mission
coordinator who lacked any Cyprus experience could create
intra-UN bureaucratic squabbles and even slow the process.
END SUMMARY.

--------------
Leaders' Meeting Good, not Great
--------------


2. (C) PolChief on January 7 met long-serving UNFICYP
Special Advisor (DCM equivalent) Wlodek Cibor for a readout
of the latest leaders' meeting and current UN thinking on the
negotiations. Cibor felt the January 5 session had gone
well, but generated no significant breakthroughs. Commenting
on Zerihoun's statement that the sides "had reached full
agreement on harmonization and cooperation between the
federal government and the constituent states, and between
the constituent states," he called the step a small one --
and was unable to verbalize exactly what it meant. (Note: He
was not alone. Asked on January 5 to comment on
harmonization/cooperation, President Christofias told
reporters, "it means exactly what it means!")


3. (C) Cibor also questioned Zerihoun's assertion after the
leaders' meeting that "the sides are close to agreement, and
they have full convergence on, the issue of hierarchy of
laws." In fact, the Turkish Cypriot side had tabled a paper

whose gist was that there should be no supremacy of federal
laws over constituent state laws. (Note: T/C chief
negotiator Ozdil Nami on January 9 claimed that the T/Cs were
proposing only that the constituent states would implement
federal laws -- septel.) Nor should the EU Acquis trump
national laws, as in other member-states. Greek Cypriots,
led by chief negotiator George Iacovou, protested loudly,
Cibor revealed, calling the measures confederal in nature and
"un-sellable" in Brussels. The leaders agreed that a
committee of technical experts should assemble on January 9
to study the T/C proposal and the hierarchy of laws in
general.


4. (C) External relations also came up in the January 5
gathering, Cibor reported. The T/Cs had introduced another
proposal that earned immediate G/C opposition: they wanted
the unified Cyprus republic's dealings with Turkey to be on
par with its relations with Greece, despite the latter being
an EU member state and the former only a candidate country.
The proposal was filled with lots of demands for permanent
and temporary Acquis derogations, he added. The UN's take on
it was similar to Greek Cypriots' -- it likely would never
fly with Brussels. The expert group meeting on January 9
would also tackle external relations, Cibor disclosed.

--------------
What Comes Next in the Talks
--------------


5. (C) Christofias and Talat would re-assemble on January 12
to discuss one of the last sub-chapters in Governance, "Past
Acts.8 (Said acts constitute legislative, executive, or
judicial actions taken by any authority on the island;
negotiations will determine whether they should be taken as
valid.) Expectedly, the sides differed greatly here, Cibor
reported, with Greek Cypriots insistent that past acts be
consistent with international law (keeping in mind that the
G/Cs consider the "TRNC pseudostate" itself illegal).
Treaties might also receive attention on January 12, with
Greek Cypriots reluctant to recognize any agreements the
"TRNC" had inked with other countries (read, Turkey).


6. (C) The leaders expected to begin discussions on Property

NICOSIA 00000007 002 OF 002


at their meeting on January 16, Cibor noted. There would be
no attempt to close remaining gaps on Governance until all
other principal negotiating topics had been discussed, which
Cibor ventured might not come until late spring -- at best.

--------------
Envoy's Calendar Still a Concern
--------------


7. (C) UN Special Envoy Alexander Downer would arrive on the
island shortly before the January 12 meeting, "parachuting in
for another short stay before he takes on some other job,"
Cibor cracked, his voice full of sarcasm. Despite UNFICYP
SRSG Taye-Brook Zerihoun and others pushing hard for Downer
to commit more time to the process, the Australian politician
was resisting, citing his part-time UN contract and other
obligations that kept him off-island. Cibor worried as well
about the costs Downer was incurring with his frequent but
short visits. First-class travel from Australia to Cyprus
cost 20,000 USD, and associated expenses had driven Downer's
total tally toward a quarter-million dollars only three
months into his Good Offices mission. Secretariat
accountants in New York were likely to have a fit soon, Cibor
thought. Further, the UN Political Affairs chief in New
York, Lynn Pascoe, was starting to have second thoughts over
Downer's appointment, which Cibor described as a Ban Ki-Moon
imposition.


8. (C) Downer had selected a UN official to be the permanent
coordinator of the Good Offices mission, a Lebanese or
Lebanese-American national named "Yasser Saddir" (UNFICYP
administrative staff later told us the appointee was Yasser
Sabra, and initial internet searches show him to be a UN
Department of Political Affairs (DPA) Senior Adviser with
experience in Africa's Great Lakes region.) With Sabra
having no previous Cyprus experience, both Cibor and Zerihoun
worried that his long learning curve could slow progress,
especially if the process heated up toward a possible
referendum in mid/late 2009. The appointment of the
allegedly under-qualified official as Downer's deputy might
also exacerbate bureaucratic squabbles between the UN's DPA
and DPKO elements on-island (which are already becoming
apparent here),Cibor intimated, twice raising the newcomer's
rank (higher than his but lower than Zerihoun's.)

--------------
Comment:
--------------


9. (C) Not having a seat at the negotiating table, it is
difficult to judge the significance of the
agreement/convergence reached on January 5, which the UN
trumpeted publicly but discounted in private. We understand,
however, why Zerihoun might have poured on some spin --
lately the bi-communal discourse has turned ugly, and the
process was well-served by some positive news. Downer's
continuing reluctance to devote greater time and effort to
the negotiations is not reassuring, however. In our regular
meetings with Downer, Zerihoun, other UNFICYP officials and
resident P-5 ambassadors, we will continue to stress that the
process requires more time-intensive, studious stewardship.
Urbancic