Alexandros Lordos wrote: Implementation issues for GCs:1) How can we be sure that territorial adjustment will indeed take place?
2) How can we be sure that the Turkish Army will indeed withdraw?
3) How can we be sure that the agreed level of settler repatriation will indeed take place?
4) How can we be sure that TCs will not secede from the Federal Government, leading to the breakdown of the Federal State?
1) Give all the territorial adjustment land under the control of UN or a third party as soon as possible (preferably immediately)
2) This just depends on trust, nothing else. I mean how can you be sure that even if Turkish army leaves tomorrow, they will not come the next day. You know that in the world of international politics, treaties do not mean that much. Look Iraq. If you have any proposal to clear your doubt on this issue please write down what you think.
3) There may be census made immediately after the solution, and each member of the society can be identified relating to their origin. The same census can be done in 5 years to make sure the issue is solved.
4) You can not. Nobody can. How can we make sure that GCs will not do what they have done in 1963? It is just based on trust, nothing else. If you do not think that we are dealing in good faith, then why deal at all.
Implementation issues for TCs:1) How can we be sure that those who will have to relocate, will indeed be compensated and supported?
2) How can we be sure that the terms of the solution will not later be overturned through the application of European Law?
3) How can we be sure that military weapons kept in the homes of GCs, will indeed be relinquished and removed from the island?
4) How can we be sure that the GCs will not hijack the Federal State, thus cutting the TCs out of the decision making mechanism?
1) Again, like you are trusting us, we should trust you.
2) The only way is to make things a primary law. Which is very hard to do, but it can be feasible. What you can not make sure though is that the same solution willnot be challemged in ECHR (because not a part of EU). That is why I keep on insisting on solution of political rights on the basis of residency, and citizenship rather than race.
3) Trust, trust. Nobody can just go into somebody’s house and do search, unless there is a undeniable knowledge. So it is solely based on trust.
4) Same as how can GCs make sure TCs will not secede. Trust.
Implementation issues that concern both sides:How can we be sure that property will indeed be returned to the original owners, to the agreed level?
How can we be sure that all property that is not returned will indeed be compensated?
Most of these things are related to the way compensation issue is solved. Quite honestky, there will be always individual cases where people complain about the fact that they are not compensated fairly.
I do not know any other way this can be sold. Everybody that feels that they are not compensated fairly, then should have right for appeal. Like in every country with the supremacy of law. And at the end whatever the law decides, you just have to accept it.
As you can see, the issue of implementation guarantees is not at all simple ... the Annan Plan prescribed a lot of great and wonderful things, but it did not also provide the mechanisms by which all these things would actually be enforced, nor did it specify the consequences of non-compliance ...
Some might argue that we have to rely on good will for all the above to happen. Personally, I do not share that sentiment. While good will is necessary for the implementation of the solution, it is by no means sufficient (if the legal/institutional framework is not also there ...)
I do not think in this respect Annan Plan was that bad. A lot of the things relies on the good will and frankly that is the only way you can do things. There is no mechanism on the face of the world that will force GCs or TCs to keep their promises.
Think this as a contract between two parties. The only thing that keeps the contract enforceable is the existence of a foreign judge and body. In this case if we try to seced from the union, the best you can do is to go to UN and ask for help. If you decide to restrict our rights, the best we can do is to go UN and ask for help. I do not know any other way.
If you want we can in solution even write down the terms of punishment, if one side does not keep its promises. I do not know if this is a good way for couple of reasons. First of all it gives the impression that we do not trust each other and therefore extends the period that we start trusting each other. The second thing is, if in any agreement if you put down the terms of punishment, this can act as two edge sword. In times the circumstances may change where the punishment may be deemed not important for parties in terms of magnitude and gives more motivation for them not to keep its promises.
IF on the other hand you leave this punishment to third party, as an open interpretation. The level punishment will not be constant but will vary with the circumstances on the world.
And plus it seems quite ridiculous to say that, we will not sign this agreement because we do not think the other side will keep its promise. Because if you say that, it brings problem to the issue of trust. Without trust there is no need for any agreement. So may be we should stop talking about solution, but turn back to another approach suggested by UN secretary Gali, as to improve trust among the societies first, then we can talk about the solution. Which means a time period of reconciliation and truct building before we can even start to negotiate.
Have a good day,