For Immediate Release
 
Contact:  Christy Stefadouros 202-225-5755

Bilirakis Warns Congressmen About Flying Directly to Airports in Northern Cyprus

Washington D.C., June 22, 2005 - Congressman Mike Bilirakis today announced that he has sent a letter to all Members of the House of Representatives and their staffs warning them about the legal issues regarding direct flights to the occupied part of Cyprus, known as the Turkish Republic of Northern Cyprus (TRNC).

Bilirakis said, “I felt that it was my responsibility to inform Members and their staffs of the political and economic consequences of U.S. citizens, U.S. government personnel and Members of Congress flying directly to airports in the TRNC, which are not designated ports of entry.  I am not discouraging travel to Cyprus, just pointing out that Cyprus’ sovereignty must be respected.”

Bilirakis is also urging Members of Congress to sign onto a letter he is circulating to Secretary of State Condoleezza Rice requesting clarification of the State Department’s position on direct flights to the TRNC by U.S. citizens, U.S. government personnel and by Members of Congress.

Bilirakis said, “It is very important for Members of Congress to hear from their constituents on this issue.  I encourage interested Hellenic-Americans to urge their friends and neighbors to call their Representative and express their concerns about direct flights to the TRNC.

The following text is from Congressman Bilirakis’ letter to Congressmen:

Dear Colleague:

I feel that Members and Staff should be aware of the legal issues regarding direct flights to the occupied part of Cyprus, referred to as the Turkish Republic of Northern Cyprus (TRNC), from Turkey.  Currently, Turkey is the ONLY country that recognizes the TRNC as a legal entity.  All international airlines, except for the Turkish Airlines and Turkish-Cypriot Airlines, respect the sovereignty of the Republic of Cyprus and ONLY fly to the legal ports of entry which are located in the southern part of the island.

Direct flights into the TRNC are inconsistent with principles of international law, long-standing United States policy regarding reunification of the island and are in violation of local Cypriot law.  It is indisputable that international agreements mandate that flights cannot enter a country’s airspace without the consent of the sovereign government.  Wouldn’t you expect that foreign visitors and foreign government personnel enter the United States through a designated port of entry and not through a small local airport with no immigration check?

The Republic of Cyprus’s sovereignty is well established under both international law and convention.  Cyprus’s sovereignty is confirmed by a number of United Nations resolutions, including UN Security Council Resolutions, Resolution 541 (1983) and Resolution 550 (1984).  These Security Council resolutions remain in effect, and their validity is further supported by the customs of nations. 

Resolution 541 provides, in part, that “The Security Council . . . [c]alls upon all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus.” 
         
Resolution 550 reaffirmed these positions:  “The Security Council . . . [r]eiterates the call upon all States not to recognize the purported state of the ‘Turkish Republic of Northern Cyprus’ set up by secessionist acts and calls upon them not to facilitate or in any way assist the aforesaid secessionist entity; [and] [c]alls upon all States to respect the sovereignty, independence, territorial integrity, unity and non-alignment of the Republic of Cyprus.”

The Republic of Cyprus has not authorized flights into the occupied airports.

At no time after the 1974 invasion of Cyprus by Turkey has the government of the Republic of Cyprus authorized international flights into the airports in the occupied area.  Moreover, Cyprus’s civil aviation authority recently publicly reiterated the lack of any authorization for flights into the occupied area.  Flights into these airports are therefore inconsistent with the requirements of the Chicago Convention.
           
International law mandates that flights cannot enter a country’s airspace without the consent of the sovereign government.

The Convention on International Civil Aviation, signed at Chicago on December 7, 1944 (the Chicago Convention), broadly governs most terms of international civil aviation.
       
The provisions of the Convention are binding on all signatories, including the United States, Cyprus, and Turkey.  Several provisions are relevant to flights into the occupied area of Cyprus.       

Article I provides, “[t]he contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory.”
        
Article VI provides that “[n]o scheduled international air service may be operated over or into the territory of a contracting State, except with the special permission or other authorization of that State, and in accordance with the terms of such permission or authorization.” 

Article VI also applies to flights operated by code-sharing between two carriers of other nations.

The United States’ domestic law supports international law, the Chicago Convention, and the international custom of nations.

The Foreign Assistance Act of 1961 establishes the United States’ policy toward Cyprus.  Under Section 620C of that Act, the U.S. foreign policy is to support a free government of Cyprus and the withdrawal of all Turkish military forces on Cyprus. 

Flights to the occupied airports also raise serious human and property rights issues.

The airports in occupied Cyprus are located on property that was expropriated from its lawful owners during the Turkish invasion.  International law recognizes that seized property cannot displace lawful ownership.  This principle is mirrored in U.S. domestic law, for example, on previously U.S.-owned assets that were expropriated by the government of Cuba (i.e., the Helms-Burton Act).  Landing at an airport in the occupied area would constitute use of this expropriated property and would raise serious human and property rights issues.

Flights into the occupied airports are not necessary; the Republic of Cyprus encourages visits to the occupied area in a manner that does not create insurmountable legal issues.

The Republic of Cyprus is not opposing visits by U.S. government officials to the TRNC.  So that such visits can be conducted in a manner that is consistent with international law, domestic United States law, and fundamental human rights and property law, the Republic of Cyprus facilitates the transfer of delegations from a legal airport in the Republic (i.e. Larnaca and Pafos airports), to the various crossing points in the buffer zone.

I hope that this information will be useful to you and your staff when planning a trip to Cyprus. 

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