Andros wrote:Ultimately the use of the words, "two constituent states" in that articles already deems the entire process as a failure in my opinion. We are seeking a B-Communal structure! Not two inter-states as part of a Turkish inststed Confederal Republic. I am not optimistic.
I must say that I see both positive and negative elements in Talat’s letter. The positive element is that he makes a distinction between the states and the communities, i.e. the aim for a partnership between the two communities (instead of the states) on the basis of political equality, and the equal status of the two states as a complementary, nevertheless separate entity set or level of the overall settlement! It is not clear though whether he equates the "people" (communities) with the states, as one integrated and interchangeable notion, or whether he understands them as two separate sets of entities that should be representing two separate levels of governing power. My strong suspicion, even though he makes no use of the "virgin birth" claim (another positive element,) is that he means the former than the later!
The negative elements are two. He refers to the two communities as people, instead of communities. There is a difference between the two terms in international law and politics. Two or more communities may constitute one people (the Cypriot people, as in the 1960 constitution; ) whereas a people itself, is the equivalent of the sum of all the citizens of a nation-state. Therefore, by referring to the two communities as “people,” he implies that in his mind they constitute two separate nation-states.
The second negative element is the reference he makes to the states as "constituent," instead of "component" ones! The difference is very thin and disguised, and such an attempt was also undertaken by the Anan plan. The first 3 versions of the A-plan made use of the term "component states," whereas the last two versions made use of the term "constituent states!" “Component states” implies they are integral parts (components) of the overall federal nation-state, deriving their inherent power through a devolution of this power from the central (federal) government to the component states! This notion may be achieved through an evolution of the 1960 RoC, from a bi-communal
unitary nation-state into a bi-communal and a bi-zonal
federative nation-state!
“Constituent states” may imply that they already exist as two separate and sovereign nation states, which come together into an agreement to constitute (produce) a central (federal) government, to which they will devolve part of their inherent constituent power. This notion, in the case of Cyprus, maybe achieved if we assume a “virgin birth” approach through which we ignore the existing legal status of the 1960 RoC as the single sovereign entity for the whole of Cyprus, and accept that that already there are “two legitimate people” on the basis of their own separate sovereign state entities. In other words, to ignore the historical and legal facts of this country, and to instantly accept the 1974 /75 fait accomplices as a legitimate (de jure) start up condition or basis ...since in reality there is no such thing like a “virgin birth” in this univerese!
It may also be the difference between a federation (component states) -like the most well known federations nowadays, vs. a confederation (constituent states!)