Some comments of my own regarding Tassos' speech ...
Your Majesty,
Heads of State,
Prime Ministers,
Ministers, and
distinguished “conferees”,
Importance audience - he knows the stakes are high.
More than two hundred years ago, two great writers made cautionary comments, still relevant for those who seek to establish or apply governmental systems to resolve political problems. The satirist, Alexander Pope, observed:
“For forms of government, let fools contest;
Whate’er is best administered, is best.”
Not long afterwards, the Anglo-Irish political thinker, Edmund Burke, wrote:
“What makes every civil or political system beneficial or noxious, are the circumstances”.
He has strong rhetorical skills, and the ability to adapt to different audiences ...
Neither thinker knew of the potential for good governance of modern federalism, but both make crucial points: good practice, which entails good faith and good will, are vital to successful government; and the historical, political, geographic, economic and strategic circumstances need to be favourable, or at least not unfavourable, for any state to be effective and to remain as one.
No "blanket" rejection of Federalism, however:
Conversely, disruptive circumstances should not be present – such as willingness of powerful neighbouring states, sharing ethnicity with major groups in the state’s population, to intervene in their perceived self-interest.
He is obviously concerned here about how Turkey would intervene in the politics of the TCCS.
The federal system is particularly well-adapted for holding diverse units together in a common larger entity and it should be designed as to promote convergence of “diverse units”, so that the people become a federal commonality.
Again, he affirms his faith in federation, but:
Above all, a federal system should provide safeguards to avoid the perpetuation of divisiveness in its territory, the society, the economy and its institutions. The paramount consideration should be, to discourage any group, area, community or unit from pursuing secession or partition. This consideration is most important in cases, such as the case of Cyprus, when the constituent units would be only two, and where one of the units has, as its declared aim, the establishment of a separate state, coupled with the claim of unanimous co-decision at all levels. This state of affairs is the surest recipe for continuous deadlocks, which will lead the federal state to paralysis. In these circumstances, the distance between paralysis and dissolution of the federal state would be very short indeed.
This is obviously the heart of Tassos' objection: The TCs have been seeking independence all this time, who is to guarantee that they will remain devoted to the new state of affairs? Will the need for constant consensus lead to paralysis of the government, given TCs seperatist tendencies?
None of the above, however, should in any way be interpreted as negating the principle that the federal system, must facilitate the enjoyment by territorially or ethnically concentrated population groups, of autonomy to pursue their political, economic, and cultural aspirations in freedom, without encouraging partitionist tendencies.
Again, re-affirming his faith in Federation. He is being very careful to avoid the accusation that he is against Federation.
Where the federation consists of two diverse units, no unit and no community should be able to impose its will on the other, but at the same time, no unit or community should be given the power to lead the government into continuous deadlocks.
A clear acceptance of the principle of equality of communities, but at the same time a demand for effective decision making.
Since 1976, however, after Turkish military forces occupied most of the northern Cyprus in 1974, I have been a practical seeker for a federal solution for my country, Cyprus.
In April 1977, at intercommunal talks in Vienna, under the Chairmanship of the, then Secretary General of the United Nations, Dr. Kurt Valdheim, I, as representative of the Greek-Cypriot community, submitted, on its behalf, written proposals for settlement of the Cyprus problem, for the first time, on the basis of a “bizonal, bicommunal federal solution”. I was the Chairman of the Committee of the National Council of the Greek-Cypriot Community, which, in close consultation and in agreement with the first President of Cyprus, Makarios, drafted those proposals for a federal solution.
It's true, actually. Tassos was a major actor in the High Level Agreements.
I was then, and I still remain committed to a settlement of the Cyprus problem on the basis of a “bizonal, bicommunal federal solution”.
Each one of these terms, i.e. “bizonality”, “bicommunal”, “federalism”, is of course subject to numerous and diverse interpretations by theorists of federalism.
So he is saying, I want Federation, but not necessarily the way it was cooked up in the Annan Plan.
The 20th century has seen some artificially constructed federations, put together by foreign or departing Colonial Powers, fall apart, because they lack emotional glue, not having been derived from popular identification with the federal entity.
A sharp criticism of "solution plans given from above".
Asymmetry of ethnic populations, concentrated in units, and efforts to create “ethnically pure” areas, lead to a further problem in the federal decision-making processes. The smaller group will fear and reject majority decision-making, while the larger group considers this to be a democratic entitlement, perceiving an equal composition of all state organs and an equal say by the smaller group in all decisions, as being unjust.
A clear analysis of the majority rule / political equality problem.
As a compromise, large groups would agree on power-sharing and participation by proportional representation in government organs and a considerable amount of equality in significant federal organs and policy decision–making processes.
OK, Tassos accepts the basic structural make-up of the Annan Plan's Federal Government.
However, when the device of power-sharing has superadded to it a requirement of consensus, or of positive support, or even of unanimity, may be viewed as being conducive to blocking functional federal government, or, at very least, that this is likely.
Ah, so this is his problem, qualified majorities: "It's OK if you are 50% of the senators, but why must we also have a quota that 40% of you must agree to each decision?"
It has been suggested that deadlock resolving machinery resolves dilemmas. But views are not always reconcilable and ultimately the will of one or the other side will prevail. The problem has not been avoided, but has been exacerbated by ingenious suggestions to use other parts of the governmental system as substitutes. This places at risk such institutions’ prestige and legitimacy.
A case in point is the Annan Plan concerning Cyprus. For example, it was proposed that the federal Constitutional Court should take executive and legislative decisions, if the federal executive or the federal legislature could not agree. To add insult to injury, foreign judges were included in the Court, while, at the same time, this organ would already be overly politicised by its executive and legislative interventions. If a Constitutional Court is successfully to perform its already difficult tasks of settling federal-regional disputes and constitutional issues, and of maintaining human rights standards, its prestige must not be diminished.
Tassos is right here, even de Soto conceded this point. Using the Supreme Court as a "political organ" would inevitably compromise its legitimacy, and besides judges are not "trained" to make political decisions.
This problem was not as widely understood by the general population, because it requires a thorough understanding of constitutional principles and of the importance of "separation of powers". Nonetheless, a problem it is.
Many federalist devices, empirically successful in other states, are relevant in establishing a federation. Nonetheless, I believe cautionary words are necessary. Regard needs paying, when transplanting devices, to their original contexts, their supporting political, social and legal institutions, and the differing circumstances in which they will apply.
Questions of time-scale, lack of practice and operational skill in the new environment, suggest that a degree of gradualism in transplanting devices is advisable. If the soil is infertile or too dry, the transplants will not survive. That is why institutional arrangements, slowly developed elsewhere, and requiring consensus or support, cannot overnight be introduced into divided and different societies, which do not share the sophisticated political approaches of those who evolved such institutions.
"Just because you guys here in Europe can live with complicated decision making mechanisms, doesn't mean that we will also manage the same in Cyprus. After all, we are politically backward.
"
I refer here to co-operative federalism which took years of experiment to work out. Of course, there is no need to reinvent the wheel, but such complex models when are transplanted to new governing institutions, where urgent daily decisions are needed – for example, as in the EU and external relations spheres – such procedural devices will risk deadlock and impotence of the relevant federation from the outset, reviving confrontation.
"Before you preach to us Greek Cypriots to accept consensus decision making in everything, remember that in the EU constitution you placed foreign policy under the clear supervision of a foreign minister."
Thus, the comparative merits of different distributions of responsibilities need careful examination. Distribution of functions is particularly related to economic and fiscal policy issues.
"Especially for the economy, I will not tolerate such cumbersome decision making mechanisms."
No state can be considered unified, unless it has a unified fiscal and monetary policy and an integrated economy, assured by freedom of movement of persons, capital, and goods.
A hint against: a) The ability of constituent states to borrow as much as they like, and b) Against the absolute restrictions to investment in the other constituent state for 15 years after the solution.
In the Annan Plan, these principles were, at best, ignored.
"Sorry, but those guys who wrote the plan didn't know anything about economics"
If financial burdens are seen as having been unjustly allocated, or if the arrangements are perceived as making the Government unviable, such federation will be unjust.
The economic equity argument.
For example, group rights and protection of group identity must be balanced against individual equality and democracy. In situations where a federal settlement follows war or civil war and there has been population displacement and settlement of new persons, benefits enjoyed by current occupiers of property, owned by displaced persons or by refugees, must be balanced against the rights of persons who have been expelled or fled. This is one of the core issues of resolving the Cyprus problem, and this issue was inadequately dealt with by the United Nations’ Plan for Cyprus, making it unacceptable to the majority of the people.
An obvious assault on the Annan Plan approach of not allowing restitution of property, for the sake of achieving "economic bizonality", even if such limitations are unnecessary to protect current occupants.
If perceptions prevail that new federal arrangements have been imposed for the sole purpose of bringing neighbouring States on board, the population of the proposed new federation will not contemplate identifying with a system engineered in that fashion. Only if a federation is the product of an internally-generated compromise, made after comprehensive negotiations, is it likely to be legitimated, thereby making it workable.
"The Annan Plan was designed "from above" to convenience Turkey, you need to allow Greek Cypriots and Turkish Cypriots to freely negotiate a settlement, rather than impose your own plans"
That conclusion is in accordance with the very spirit of federalism. In the final analysis, federalism is all about achieving working and workable agreements through groups’ ability to promote their views in a procedure, governed by the rule of law, and in which powers are so divided and balanced as to protect the diverse interests of the major groups within the State.
"If we are to devise a solution, it needs to be in accordance with standard and well-established principles of Federalism".
In the case of Cyprus, those assigned with the historical and heavy task of finding and proposing a balanced and functional compromise in the light of opposing aims, committed the fatal mistake of following the seemingly easy and most convenient recipe:-
“In the face of divergent views, propose a solution, by cutting the differences in the middle”.
"We wanted a Federation, Denktash wanted a Confederation, so the negotiators created something that was in between the two"
But, as the Bible teaches us, the solution found by wise King Solomon of cutting the baby in two, is definitely not the right or best solution.
Certainly not for the “baby”.
Thank you for listening to me.
Powerful ending. Designed to shock and make one think.
Anyway, this is how I analyse the speech. Does anyone else want to give it a go?