Chapter IV
POLITICAL RIGHTS AND DUTIES
Citizenship:
Article 67
- All persons who –
- acquired citizenship of the Republic of Cyprus under Annex D of the Treaty
of Establishment of the 1960 Republic of Cyprus and were ordinarily resident
in the Turkish Republic of Northern Cyprus on the l5th November, 1983 ;
- acquired citizenship of the Turkish Federated State of Cyprus before the
l5th November, 1983; shall be citizens of the Turkish Republic of Northern
Cyprus.
- The rights to acquire citizenship of the Turkish Republic of Northern
Cyprus of Cypriots of Turkish origin, who possessed the right to acquire
citizenship of the Republic of Cyprus under Annex D of the 1960 Treaty of
Establishment of the Republic of Cyprus, but were not on the l5th November
1983 ordinarily resident in the Turkish Republic of Northern Cyprus, shall be
reserved.
- (a) The children of a father or mother who acquired the right to become
citizens but died before exercising such right and the surviving spouses of
such persons, may acquire citizenship of the Republic of Cyprus by
application.
(b) A child born in North Cyprus after the l5tn November 1983, whose father
or mother is a citizen of the Turkish Republic of Northern Cyprus, shall be a
citizen of the Turkish Republic of Northern Cyprus.
- The grant of citizenship to children born in the Turkish Republic of
Northern Cyprus after the l5th November 1983 of a father or mother who is not
a citizen of the Turkish Republic of Northern Cyprus, shall be regulated by
law in accordance with the provisions of international law.
- No one shall be deprived of citizenship acquired by birth from a father or
mother who is a citizen of the Turkish Republic of Northern Cyprus or a
Cypriot Turk.
- Citizenship shall, subject to the above provisions of this Article, be
acquired under the conditions provided by law and shall be lost only in the
circumstances provided by law.
The right of citizenship acquired under legal conditions before the coming
into operation of this Constitution shall be reserved.
The Right to elect, to be elected and to participate in a Public
Referendum:
Article 68
- It shall be the right and duty of every citizen who has completed the age
of eighteen years to vote at elections and referendums.
- Every citizen who has completed the age of 25 years shall have the right
to be elected.
In addition he must have ordinarily resided in North Cyprus for at least
three years immediately preceding the elections and completed his national
service.
- The other qualifications for electing and being elected shall, subject to
the provisions of this Constitution, be regulated by Law.
- Elections and referendums shall be held in accordance with the principles
of free, equal, secret, direct ballot and universal suffrage, open counting
and tabulation and shall continue without interruption until the counting and
tabulation are completed.
- To become a candidate shall not be subject to the condition of resigning
from the public service. Matters such as which public officers and under what
conditions such officers can became candidates from the point of view of the
security elections and of the public service, shall be regulated; by law.
Judges, law officers, members of the armed forces and members of the police
force shall not become candidates and shall not be elected unless they first
resign from their posts.
- In any referendum and in the presidential and general elections, national
servicemen may vote at the nearest polling station to their units.
- The other provisions connected with, elections and referendums and the
exercise of the rights under this Article shall be regulated by
law.
The General Administration and Control of the
Elections:
Article 69
- The elections and referendums shall be held under the general direction
and control of the judicial organs.
- It shall be the duty of the High Electoral Council composed of judges, to
take and cause to be taken all necessary action for the orderly administration
and fairness of the elections and referendums from start to end, to examine
and give a final decision, during and after the election or referendum, on all
irregularities, complaints and objections on matters concerning the elections
and the referendums and to accept the election records of the President of the
Republic and of deputies.
- The establishment, functions, duties and powers of the High Electoral
Council and other election councils shall be regulated by law.
- Subject to the provisions of paragraph (1), special provisions may be made
by law for the general administration and control of local authority elections
for villages or quarters.
The Right to form Political Parties and the Place of the Parties
in Political Life:
Article 70
- Citizens have the right to form political parties and in accordance with
normal procedure to become members, or to resign from membership, of parties.
- Political parties are formed without prior permission and function freely.
- Political parties, whether in power or in opposition, shall be the
indispensable elements of democratic political life.
- Political parties shall not be entitled to take part in an election unless
they are formed and become a corporate body at least ninety days before such
election.
- Judges, law officers, members of armed forces, members of police force,
civil servants and persons under the age of eighteen years cannot form
political parties or become members of political parties.
- The assistance to be given by the State to political parties shall be
regulated by law.
The Principles with which Political Parties must
comply:
Article 71
- The rules, programmes and activities of political parties shall not
violate the indivisibility or the integrity of the State together with its
territory and people the human rights, the sovereignty of the people and the
principles of a democratic and secular Republic and the principles of Atatürk.
- Political parties shall not carry out any activities outside their rules
and programmes; and shall not exceed the limitations imposed by Article 12 of
the Constitution.
- The activities and decisions of political parties concerning their
internal affairs shall not violate democratic principles.
- The financial control of political parties shall be carried out by the
Supreme Court sitting as the Constitutional Court.
- The Attorney-General of the Republic shall, after the formation of
political parties, control whether their rules and programmes and the legal
position of their founders are in conformity with the provisions of the
Constitution and laws and shall follow up their activities.
- Political parties shall not receive pecuniary assistance from foreign
States and shall not participate in the decisions taken by such States against
the independence and territorial integrity of the Turkish Republic of Northern
Cyprus.
- Political parties acting in contravention of the provisions of this
Article may be permanently closed by the Supreme Court sitting as the
Constitutional Court, upon the institution of an action by the
Attorney-General of the Republic.
- The control of the formation and activities of political parties and their
closing down shall, subject to the above provisions, be regulated by Law.
- The provisions of this Article shall not be interpreted or applied as
preventing political parties from engaging in activities for the amendment of
this Constitution in accordance with Article 162 thereof.
Right to enter the Public Service:
Article 72
- Every citizen has the right to enter the public service.
- No discrimination, other than the qualifications required for the post,
shall be made in appointments to the public service.
Declaration of Property Owned:
Article 73
The declaration of property owned by public servants upon entry into, and
during their service in, the public service shall be regulated by law. Those
performing duties in the legislative and executive organs shall not be exempted
from this requirement.
National Service:
Article 74
- National service in the armed forces shall be the right and sacred duty of
every citizen.
- Conditions relating to national service shall be regulated by
law.
Duty of paying Tax:
Article 75
- Every person is liable to pay taxes according to his financial means
towards meeting public expenditure.
- No tax, duty or charges or similar financial burdens shall be imposed save
by or under the authority of a law.
- The Council of Ministers may be authorised to make amendments in the
provisions relating to deductions and exemptions from taxes, duties and
charges and in the rates and limits of such taxes, duties and charges,
provided that such amendments shall be within the minimum and maximum limits,
and in conformity with the standards and principles, specified in the law.
- No financial obligations shall be imposed with retrospective
effect.
Right to petition:
Article 76
- Every person shall have the right to make written applications, either
individually or jointly with others, to the competent authorities concerning
requests and complaints relating to themselves or to the public in general,
and to expect that such applications are considered and decided upon
expeditiously.
Such decision, duly reasoned, shall be communicated to the person making
the request or complaint within thirty days at the latest. Where any person
who is aggrieved by such decision or where no such decision is communicated to
the interested person within thirty days, such person may have recourse to a
competent court concerning his request or complaint.
- Citizens shall have the right to make applications in writing, either
individually or jointly with others, to the Assembly of the Republic. The
manner in which this right shall be exercised shall be regulated by
law.