Finally I get to this long post. SO I will take it point by point and tell you what I think. But overall I do not th8ink that this proposal would be accepted by TCs.
Security
• The treaty of guarantee will cease to apply from day one of the solution. In its place, a Protection Pact will be signed between the United Cyprus Republic, Greece, Turkey and the European Union.
No problem (NP from now on).
• Intervention rights will be as follows: To protect the integrity of the Republic from external aggression, only the European Union will be entitled to intervene. Greece and Turkey may only intervene to protect Cyprus from external aggression, if they are invited to do so by the Federal Presidential Council. To protect the security of each constituent state against potential aggression from the other constituent state or its “motherland”, and for no other reason, Turkey will have the right of intervention in the north and Greece will have the right of intervention in the south, so long as authorization from the UN Security Council and an invitation from the constituent state’s government are first procured.
Did not like it. What if a EU member (namely Greece) decided to intervene in the future. Hypothetical but many TCs do think that it is a very potential concern. Greece is a part of EU so apparently EU will not do anything. Turkey can not do anything as well as Greece is an EU member. And frankly security council could give a rat’s ass about Cyprus. So IF GCs attack TCs or Greece attack Cyprus, Turkey will need approval of presidential council and/or security council. I do not think any TC would accept this. The only acceptable portion is the limitation of the scope of intervention to each constituent state.
• Troop presence will be as follows: Within six months of the agreement, all military units currently on the island will be dismantled. In their place, an integrated Cyprus Army will be established, with its units stationed mainly along the administrative boundary between the two constituent states. The structure of this army will be as follows: All soldiers up to the rank of captain will be non-Cypriot Europeans, and all officers from that rank upwards to the rank of Colonel will be Cypriot, with 50% of the officers being Greek Cypriots and the other 50% being Turkish Cypriots. The joint chiefs-of-staff will be Europeans, while the Army will, overall, be under the direct orders of the Federal Presidential Council.
Did not like this one wither. Cyprus should be completely demilitarized with no forced army service.
• For purposes of cost-saving, the new Cyprus Army will take over all the military equipment of the Cyprus National Guard.
See above. No need for millions of dollar on spent on military equipment. Better spent it on poor, education, healthcare, etc. etc.
Governance
On the Federal Government level, the following adaptations will be made:
• The Presidential Council will be elected directly by the People, from an integrated ticket, and with an Electoral College system based on the US Constitution. Each constituent state will appoint its own electors proportionately to population, but with each state having no less than 40% of the total electors.
I like the idea of people electing presidential council, but I do not like the idea of electing it mix. If it is going to be mixed there should some sort of “pass the limit” test for each candidate. So that there is no possibility of choosing a not true represenatative of with TC member by GC votes. For example Akinci or Durduran is definetly a crowds favorite in the GC side but total they do not even get 10% of the vote in TC side.
Also I believe it should be each states prerogative to decide how they choose their own federal representatives.I can propose some electoral systems if you are interested.
• The Senate will still be elected along ethnic lines, but the system of weighted cross-voting will also be introduced. The weighting will be such that Greek Cypriots will have a 25% say in the election of the Turkish Cypriot Senators, while the Turkish Cypriots will have a 25% say in the election of the Greek Cypriot Senators.
The same problem with above exists here to. ON top of that I don’t know if you can restrict voting based on ethnic lines legally.
Also I believe it should be each states prerogative to decide how they choose their own federal representatives.• The three non-Cypriot judges in the Supreme Court will be required to originate from European Countries.
NP
• The ratification of the annual Federal Budget by the Senate will not require Special Majority approval.
NP
• For senior administrative posts within the Federal Government, a 6:4 quota between Greek Cypriot and Turkish Cypriot appointees will be instituted, as opposed to appointing a Greek Cypriot chairman and a Turkish Cypriot vice-chairman to each service.
Honestly, this would be extremely popular among TCs given the fact that they are only 1/4 of the society. But I do not think GCs would like it. And at the same time I do not think, this is that important for TCs anyway. So it could have stayed the way it is.
Also same ethnic legality issue lies here as well, and more so than the senate elections.
On the constituent state level, the following adaptations will be made:
• The constitutions of the two constituent states will be harmonized, so that the same system of governance and the same level of human rights observance will apply in both.
Sounds good in theory with the caveat the final say on each constitution is going to be resting on the people living in that constituent state. I mean the other state and central government would not have the right to force changes on each state constitution,
unless it is found against federal constitution and human rights.• Each state will have a Governor, to be elected directly by the people, and a State Senate, to be elected on a uniform ticket (i.e. not according to electoral constituencies). Furthermore each state will have a House of Deputies, which will be elected according to electoral constituencies.
Do not like this as well. It kills idea of narrow election districts and minimum %50 requirement. PLUS it is to much intrusion into each states rights. As long as election system used is not antidemocratic, elections system used in each state should only be decide by each constituent state. I do not need some federal government to tell me how to choose my state level senators.
I actually think each state should decide on its own how to choose its federal representatives as well.
Also I believe it should be each states prerogative to decide how they choose their own federal representatives.• A weighted voting system will also apply here, for the State Senate and the State Governor, to provide positive discrimination but also permanent limits to Greek Cypriots living in the north and Turkish Cypriots living in the south. The system will be as follows: If Greek Cypriots in the north (or Turkish Cypriots in the south) form up to 2% of the population, then their vote will be weighted upwards to 5% of the total vote. If they form from 2% to 7% of the total population, then their vote will be weighted upwards to 10% of the total vote. If they form more than 7% of the total population, then their vote will be weighted upwards to 20% of the total vote, and that will be the maximum limit of Greek Cypriot voting participation, however many the Greek Cypriots are – and equivalently with T/C voting participation in the south.
Again the very complicated extra intrusion to each state’s rights by federal government.
Also I believe it should be each states prerogative to decide how they choose their own federal representatives.• The weighted voting system will not apply in the case of municipal elections and State House of Deputies elections, where a simple one-man, one-vote system will apply, according to municipal district or electoral constituency.
Also I believe it should be each states prerogative to decide how they choose their own federal representatives.
• Extra-constitutional Ruling Bodies or Advisory Bodies will be banned by Federal Law, and any violations of this law will be punishable with a prison sentence or with deportation if aliens are involved.
Do not understand what you are talking about. Please give an example of “Extra-constitutional Ruling Bodies or Advisory Bodies”.?????
• Amendments to the constitution of a constituent state will require ratification by the Federal Senate.
Again to much intrusion from federal government on how each states works. These all basically goes against the main principle that I like most in many federal systems.
The principle of “Any power not vested in federal government lies at the states”.
Property
• Fundamental Exceptions to property restitution, as per the Annan Plan, will be respected. These exceptions in favor of current occupants include allowing for refugees to remain in their current residences, by exchanging their original properties, and also allowing for significantly invested properties to remain in the hands of the investors.
NP
• The “fundamental exceptions” will only protect Citizens of Cyprus. Aliens will either be entitled to the original property of the refugee from whom they bought their property, or they will be entitled to compensation for their investment.
NP. I don’t know about its legality though. Anyway Alex understood what I am trying to say.
• Private individuals will be entitled to the free enjoyment of all their property, except any property which falls under the “fundamental exception” clauses.
NP
• Any refugee that is forced to defer to a current occupant of his original residence will be entitled to a new home of equivalent value, either in the same town / village as his original home or alternatively in the constituent state where he currently resides.
NP. Although I really do not understand how you are planning to restrict their voting rights at federal level if your system based on ethnic voting returns from ECHR.
• Owners of corporate property that does not fall under the fundamental exceptions will either have the option to lease their holdings or to invest upon them and operate them from within the framework of a bi-communal business venture which will have at least 30% shareholding of the other ethnicity.
DO not understand this but it seems very arbitrary to put %30. If I made for example 1 million dollar worth of investment in a land which costs only 10 grand then the person should be getting only 1% not %30. Plus the value of any firm is not the amount of its investment but the amount of future expected cahs earnings, which makes the system even not fairer.
• Church and Evkaf properties in the opposite constituent states, except sacred sites, will be nationalized and handed over to the control of a specially instituted trust, the Housing Trust, whose responsibility it will be to build new houses for Turkish Cypriots who will have to relocate and for Greek Cypriots who will not be entitled to their original homes. In return, the Federal Government will apportion an agreed part of its annual budget towards covering the annual expenses of the Church and of the Evkaf, ad perpetuum.
NP. But will never be accepted by church of Cyprus.
• As well as being endowed with Church and Evkaf Property, the Housing Trust will also receive agreed lump sum contributions from Greece and Turkey. In return, only Greek, Turkish and Cypriot companies will be entitled to compete for the construction contracts of the Housing Trust. If any other countries also choose to contribute in an equal manner for the expenses of the Housing Trust, then their companies may also compete for the contracts.
NP.
• Compensation for loss of use will be paid by Greece for Turkish Cypriot refugees and by Turkey for Greek Cypriot refugees, in accordance with a “net-rent” system: Nominal rent for property that was deprived minus nominal rent for property that was granted in return during the intervening period. Furthermore, damages for emotional distress will be paid out, to all refugees that were born before 1963 or 1974, whichever date is appropriate, at an agreed bulk sum to each individual refugee.
Did not understand this net-rent system. :confused:
• Compensation for the value of exchanged property will be the responsibility of the Property Board, which will operate in the same way as prescribed in the Annan Plan, except that all compensation will be paid out in cash, on the strength of low-interest long term loans guaranteed by Greece and Turkey. Furthermore, the constituent states will be obliged to purchase a proportion of the Property Board’s holdings each year, thus assisting its finances and relieving the pressure on the Property Market.
NP.
Legal Status
• The “virgin birth” approach from the Annan Plan is to be rejected, because it opens the way for future controversies and disputes. In its place a “historical approach” to the issue of continuity will be adopted.
Only accepted if it is specifically explicitly said in the plan that if everything fails then we return back to 1960 constitutional order, as it was before 1963, not as it is after 1963.
• The 1963 to 2005 Greek Cypriot administration will henceforth be retrospectively known as the “Caretaker Government of the Republic of Cyprus”.
See above.
• The 1963 to 2005 Turkish Cypriot administration will henceforth be known as the “Interim Turkish Cypriot Administration”.
See above.
• The new state of affairs will be officially described as “the return to normal constitutional order and bi-communal administration of the Republic of Cyprus, through its evolution into a Federal System”.
See above.
• A new flag-and-anthem competition will be called, with slightly adapted rules: The rule that “the flag has to be simple enough for a child to easily draw” will be withdrawn, because it is prejudicial to any flag that bears any resemblance to the 1960 Republic of Cyprus Flag, and in its place will be added the requirement that “the Flag should reflect both the continuity of the Republic and its evolution into a new state of affairs”.
NP.
• As for the anthem competition, the requirement that “it should be based on the cultural heritage of Cyprus” should be inserted, and also the requirement that “it should inspire peace, co-operation and reconciliation of the two communities in Cyprus”.
NP.
• The two constituent states will simply be called “the Northern State” and the Southern State”, or some other geographically-based and ethnically neutral description after the New Zealand model, so as not to be culturally threatening to the Greek Cypriots who will choose to live in the north or to the Turkish Cypriots who will choose to live in the south. To select the precise names, such that will reflect both the history and the culture of each constituent state, a competition will be held.
NP.
• Similarly, the constitutions, flags and anthems of the two constituent states will be free of nationalist symbols and expressions, in respect for those of their residents who will hail from the opposite ethnic group.
NP.
• The flags and anthems of the constituent states will also be decided through competitions in advance of the Comprehensive Settlement, and they will also be a part of the package that people will vote on, in the referendums.
NP.
Settlers
• The list of 45,000 individuals from each constituent state that may remain on the island will not be changed in size, but various measures will be taken to ensure that only those 45,000 will be allowed to remain, and no one else.
I don’t understand but it seems harmless. So NP.
But I do not understand what you mean by only those 45.00 but no one else stays. How can anybody else stays. I though names were going to be given.
• The “naturalization clause” will be adapted so that the nine years required for naturalization begin from the day of the solution agreement, not five years earlier. The “facilitated naturalization clause” will contain safeguards against abuse, so that a minor who should have been declared in the list of 45,000 but wasn’t, will not be able to later claim citizenship through facilitated naturalization.
NP. Although this should made specifically explicit that it applies to only settlers. I mean if somebody marries 1 year after the solution to a TC then he can not be considered to wait for 9 years to get naturalized.
• There will not be an extra quota of “5% of the constituent state population”. 45,000 will be the final number.
NP.
• The 45,000 will not be granted automatic Citizenship, but rather a residence permit to be upgraded to full citizenship by naturalization nine years later. This implies that they will only be given full voting rights nine years after the agreement.
NP. As long as them getting citizenship at the end of 9 years will be guaranteed, and their future kids that are born in this 9 year period is guaranteed a citizenship as well.
• All aliens who are not on the list of 45,000 will be granted temporary and non-renewable work permits for three years, after which time they will be required to leave the island.
NP. Not that they will require the island after 3 years. They should be given an opportunity to apply for work permit from federal government to continue working in Cyprus. I mean there will be foreign workers in this island if the federal government grants them, just like work permits US grants to foreigners.
• The relocation of those who will be obliged to depart will be the financial responsibility of Turkey.
NP.
• The USA will allocate 5,000 of its 300,000 Green-Cards-by-lottery each year, to Turkish Settlers who live in Cyprus, for the first nine years after the agreement, thus encouraging many Settlers to leave voluntarily.
NP. But I do not thing that US will or can do that. It requires congressional approval in USA which basically brings USA congress into the politics of Cyprus.
But again who am I to say yes or no for a third party.
• The clause in the Annan Plan which grants Settlers the right to claim Greek Cypriot properties if they have lived in them for at least ten years, will be removed.
NP. So basically all the settler will have to move. Personally I can live with that but it effectively kills the plan on the referendum because it puts settlers onto a different footing from TCs.
• The Federal Law to safeguard the long term demographic balance of Cyprus, will be a part of the Comprehensive Settlement rather than it being deferred for 18 years later.
This is the stupidest clause I had ever heard. A constitutional rule saying how demographics should be on the island. So basically this is saying, hey you TCs. If you fuck to much and increase in number it will not do you any good. Good it really made me lough.
Education
• A Federal Ministry of Education will be instituted, which will be responsible for cross-state schooling (i.e. the schooling of Greek Cypriots in the north and Turkish Cypriots in the south) and integrated schooling (i.e. bi-communal schools where Greek Cypriots and Turkish Cypriots will be educated together). Otherwise, Education will remain the responsibility of the constituent states.
NP.
• The teaching of Modern and Medieval Greek, Turkish and Cypriot history will be under the guidance and supervision of a special bureau within the Federal Ministry of Education, which bureau will prepare the books and set the curricula island-wide.
NP. Although I said why waste our time and teach them Greek, Turkish or Cypriot history at all. I say the only history we should be teaching is the world history and that is from a third party perspective.
• The teaching of Greek and Turkish in secondary schools island-wide will be obligatory for six years, not just three as per the Annan Plan.
NP. You know how old saying goes “One language one person, two language twp person.”
• The teaching of Greek and Turkish will also be available for free to the wider adult population, through a special development grant of the European Union. Especially for Turkish Cypriots, free instruction in English will also be available in order to help improve their employment prospects within the European job market.
NP. See above.
• For the first ten years after the agreement, the Reconciliation Committee will be entitled to free media time (or space) in all newspapers, radio and TV stations of the island, in order to more effectively promote the message of reconciliation.
NP.
Economics
• The Federal Government will have the authority to limit the public borrowing of the constituent states, through a Federal Macro-economic Stability Board.
NP.
• For the first ten years after the agreement, the Federal Budget will be pre-allocated in such a way, so that each constituent state receives back VAT proceeds in the same proportion as it was collected.
NP.
• For the same ten-year period, the Turkish Cypriot constituent state’s budget will be reinforced with an annual contribution from Turkey, to a level that will be pre-agreed.
NP. But again I hope Turkey agrees to this.
• The personnel costs for the staff of the Federal Government will be deducted from the VAT returns to each constituent state, according to the internal citizenship of the federal employees, so that each constituent state ends up paying for its own people employed in the Federal Government.
NP. Although I do not understand how you are going to reconcile this with %40 ratio. It seems a dead end to me economical feasibility wise.
• To the fifteen year limitation on investments in the northern constituent state, the following two exceptions will be allowed: From day one of the solution, joint business ventures will be allowed to make investments in the north so long as at least 30% of the share-holding is in Turkish Cypriot hands. And secondly, from the seventh year of the agreement onwards, residents of the southern constituent state will be able to purchase up to one house or residential plot per family, in the northern constituent state, if they do not already own such a property.
NP. But again this comes to the issue of settlement and voting rights.
• Infrastructure investments and vocational training programs by the European Union, to bring up the income potential of the northern constituent state, will be decided and agreed upon before the comprehensive settlement is put into effect, and they will be a part of the package that is voted on, in the referenda.
NP.
Implementation Guarantees
• The timely withdrawal of Greek and Turkish troops, as well as the timely disbanding of the Cyprus National Guard, will be guaranteed through a Security Council resolution under article 7 of the UN Chapter.
NP.
• The ECHR will be asked, by letter of the co-presidents, to accept all ethnically derived restrictions that are in the Plan as essential to the functioning of the state to everyone’s benefit, and that therefore they should not be considered a violation of human rights.
So this is the solution for your violation of human rights. Man we have a long way to go in courts.
• Furthermore, in informing the ECHR that an internal mechanism for compensation of refugees has been established, it shall be made clear that, in the case where the new internal mechanism is not adhered to, then the affected individual will have the right of recourse to the Court, against the United Cyprus Republic, or against either constituent state, or against Greece or Turkey, depending on which party it was that failed to fulfill its obligations.
NP.
• The timely withdrawal of unauthorized settlers will be the joint responsibility of Turkey and the Turkish Cypriot constituent state, linked on the one hand to Turkey’s EU accession criteria, and on the other hand to possible penalties from the EU towards the Turkish Cypriot constituent state.
NP. But this is again giving promises on the name of other’s mainly by EU.
Evolution of the New State of Affairs
Twenty years after the agreement, and every twenty years after that, a Constitutional Assembly will be held, comprised of equal numbers of Greek Cypriots and Turkish Cypriots, to inquire whether:
• The participation of non-Cypriots in the administration of Cyprus is still required.
• Internal distinctions based on ethnicity are still required.
• A Federal System of governance is still appropriate.
The Assembly will only have the authority to alter the Constitution if a particular amendment is supported by separate majorities of the Greek Cypriots and of the Turkish Cypriots.
NP.