Kifeas wrote:TurkCyp,
Well, If you are aware, in A-plan 5, on many issues, laws could be passed with at least 2/5 (40%) approval from each communities senators. Yet you accepted it and voted YES.
Yes I am aware of it and yes I voted “Yes”. May be you guys do not say from now on that TCs donot like to compromise. MAy be we do not like to compromise as much as you would like us to compromise.
Kifeas wrote:Furthermore, in my proposal the split (i.e. separate majorities) will not be between communities but between constituent sates. Unlike A-plan which provide for 2/5 (40%) of minimum approval from each community, in my proposal the minimum for approval of a law will be a 50%+1 from each constituent sate. Therefore at the end of the day it all boils down to the same percentage.
I am aware of it that it boils down to the same percentage. And like you it is how we get to the end point that we differ. And in fact you are wrong in Annan Plan it requires only 25% on most issue and only on serious issues it requires 40%. And as I have said that it was a compromise on TC side to accept that less than 50% because we had 50% in 1960 constitution.
You do not like my way of getting to an end and explained your sensitivities about settlers. Now let me explain why I do not like your way.
But exactly like you it comes down to how we get to that 40% which is important. I do not like the fact that GCs get to vote senators from TCCS state. Why? Because as we all know that the 25% restriction on settlement limit in GCs in TCCS state is on shaky ground legally. So as Annan Plan’s proposal of 1.3 was on the shaky ground as well. This is why I keep on referring to it as temporary.
We all know that you can not put restrictions on settlement on the basis of ethnicity in the same country. That portion of any agreement (your proposal or Annan Plan) will almost surely will be turned back from ECHR. All those TCs that keep on dreaming that there will be limitation of GC settlement in TC state is only dreaming. Under no federal constitution that kind of clauses in the constitution will be accepted by ECHR. So in 10 years time when this clause of the constitution will be turned down by ECHR on the application of some over zealous GC, then all the TCs will be left handed in term of even 40%.
That is why in almost all of my proposals in this forum, I have always got rid of the restrictions on settlement of GCs in TCCS state, but start restricting the political participation rights in terms of residency. I have proposed every Cyprus citizen (TCs and GCs) have two kind of residencies. One primary the other one secondary residency. The primary residency would have been the residency you hold when the solution is achieved and secondary residency would be the residency that you choose to live if you settle on the other state. With that kind of proposal there would be no need to restrict GCs settling in TCCS state. In fact for me they can even be majority in TCCS state for that I care. They however start using some of their federal voting participation (senate and presidential) on their primary residency and use their secondary residency for voting in the state elections and federal congressional elections.
That is the only way, it is feasible to guarantee some sort of TC equality on federal level without being turned down by ECHR. Your way (or Annan’s way) violates the ECHR. So it will mostly be abolished some time down the road. Then what we do. What can we do when let’s say 200k GCs decided to settle in TCCS state. How do we guarantee any TC participation in the decision making then. We can not.
That is why I am against your method.
Kifeas wrote:The approval will not be carried out with a 60% of the constituent states senators against it but only 50%-1.
My approach is for a direct bi-zonal and indirect bi-communal federation. Your approach is rather the opposite, i.e. direct bi-communal and indirect bi-zonal.
No disagreement here. As I have said I care of bi-communality much more than bi-zonality. And you the opposite.
The question is would we be arguing exactly the opposite positions if GCs were 20% of Cyprus and TCs were 80%?