Kikapu wrote:Kifeas wrote:Kikapu wrote:Kifeas wrote:[Now, on your question above! The 80:20 was just one aspect of his proposals for constitutional changes. The other most important ones were the abolishment of separate majorities in the parliament and the abolishment of the veto rights of both the president and the vice-president. In view of them, no I do not believe he would have been satisfied with a mere reduction to of TC participation to 80:20 ratio. Nevertheless, regardless of the extensiveness and gravity of those 13 point proposals and the pre-mature timing that he had chosen to make them, they were mere proposals which the TC leadership could have chosen to negotiate them, not because it was obliged to do so but in order to diffuse the tension that was growing between the two communities. .
Kifeas,
As always you lay out your case very well, so here is the 64 Thousand Dollar question. As you know, there were 48 "unalterable" provisions (or articles if you preffer) in the Costitution. How many of the 13 points of proposals were within the 48 "unalterable" provisions, which the British,Greece and Turkey were part of signatory of guarantors to the Constitution, so really, was there a chance in hell, that any of the 13 points of proposals could have been changed, if any of them fell into the 48"unalterable" provisions. Some of the points you mentioned, were really major ones, so my guess is, they were in the "48". There would have been a very good reason to have put them amongst the 48 "unalterables", so to make sure neither side would attempt to change them, as to give the New Republic a chance to grow with both the communities at the helm. So Makarios had no where to turn, except to ignore the whole Constitution, and the 1963 crises ignited. He could have of course, chose to live with it as it would have been better than being under the British rule. So I don't know how much blame you can put on the TC's or even on Turkey, when infact, at the end of the day, Makarios had the last say, and unfortunetly, that was war, and the rest is history.
No kikapu, there were no unalterable provisions in the constitution, should we, the people of Cyprus, alone, in a referendum, would have decided so. No matter what the treaties implied, it became irrelevant from the moment Cyprus was accepted by the UN as one of its member states. From then on, what counts is what the UN charter says. In terms of international law, any treaties contravening the Charter -becasue of allowance of the right to any foreign country to have a say and a role in Cyprus's internal constitutional affairs, are subordinated to the provisions of the UN charter. The UN charter says that every member country has the right to sovereignly regulate its internal affairs, without any other country having the right to interfere and impose its will -with treaties or without treaties. As far as the particular issue is concerned, the treaties were essentially nullified, or better, buried under the UN Charter, which is the ultimate of international law.
Kifeas, please read the 7th paragraph regarding the 48 "unalterable" articles. www.cyprus-conflict.net/narrative-main-2.htm
Yes, I know all about it. Read also the following pragraph of the above link.
The read this one from:
http://en.wikipedia.org/wiki/UN_charter
The United Nations Charter is the constitution of the United Nations. It was signed at the United Nations Conference on International Organization in San Francisco on June 26, 1945 by the 50 original member countries. It entered into force on October 24, 1945, after being ratified by the five founding members—the Republic of China, France, the Soviet Union, the United Kingdom, and the United States—and a majority of the other signatories.
As a Charter it is a constituent treaty, and all signatories are bound by its articles. Furthermore, it explicitly says that the Charter trumps all other treaty obligations. It was ratified by the United States on August 8, 1945, making that nation the third, after Nicaragua and El Salvador, to join the new international organization.