MicAtCyp wrote:But the fact is the Americans interfered so boldly during Koffi Anans arbitration process in a way that resulted to satisfying each and every demand of Turkey against the GCs!!
I do not know that and even you do not know that. The only thing you and I know about Americans, is what we here from the newspapers, about how America wants this and America want that.
As far as I am concerned the negotiataions took place between TCs and GCs with the supervision of De Soto, (which is not American by the way) under the UN auspices.
Hmmm, I see your point. First of all lets make some distinctions. Either the EU or the UN can be manipulated if the whole task is left to individuals. So I personally do not trust either the EU or the UN unless their solution proposal is a result of a collective body and not the result of remote individuals (e.g Verhiogen No2). Since however even in this case you may not seem to trust the EU for the reasons you stated, lets leave this matter aside for the moment.
Now we are getting somewhere. Define collective body. Are you saying that there should be more than one person from UN (or whatever it is EU). I do not believe that UN ( in this case the individual you are referring to is probably De Soto) was alone decision maker. He probably had many help from other people from UN about the legal and feasibility aspects of the plan.
Long story short, I do not believe Annan Plan was the product of one individual. It has taken many years to be concluded. It started when Denktas invited Clerides to talk in Nicosia, and continued under UN supervision later on. Many people involved in it during these years from Denktas, to Clerides, to Papadopoulos, to Talat, to De Soto as probably the main characters supported by many sidekicks as a cast.
What Papadopoulos (and probably you as well) object is the fact that there was some third party acting as a referee/judge filling the empty blanks that we could not agree on. But after 40 years of talks, I sincerely believe that if it is left to only TCs and GCs this Cyprus problem will not be solved. The reason is we will come to table and provide our maximalist desires, and you will come and do the same, and none of us will badge an inch. So at the end we will not get anything done for another 40 years. (That is probably why Papadopoulos want the negotiations to be open ended as well.) SO I really belive we need a third party to come in and fill in the blanks on the issues that we can not agree on. And this filling the blank will at the end will be a compromise between yours and ours maximalist positions.
We need to find a third party to do this. But as you have suggested we can put this issue to side.
Fine! I have no problem trusting the UN to give us a solution. The UN as a collective body though, not the UN as some individuals. We saw what happened trusting 2-3 individuals of the UN (nameley De-Soto, his legal advisor Pfirter and a few others) to find us a solution. Each and everyone of them was bought out, and in the end they presented us their devine arbitration which was nothing less than a monstrosity. So lets start from the numerous resolutions of the UN that were indeed the outcome of collective bodies. Are those satisfactory to you? Shouldn’t any solution comply with them or should we throw them in the dustbin like the Anan Plan did? I will not accept any detailed plan unless it is based on guidelines already approved by the UN general assembly.Furthermore I will not accept a final detailed plan to go to a referendum unless there is enough time to verify it's compliance with the initial guidelines.Is this satisfactory to you?
See the answer one paragraph above.
I am not sure you realised what you answered here.You said that every derrogation was against the human rights of the GCs and none against the human rights of the TCs. I have no reason to disagree of course.
Thanks for correcting me. Tell ma a derogation in Annan Plan that was against human rights.
Good catch.
With all respect but did it pass through your mind that perhaps yourself might be a victim of Turkish propaganda and shortsightness ? Have a look at the thread titled "Is the South..." to see what I mean.
I am not a victim of any propaganda more than you are victim. All I said wass, do not give me the old line “Cyprus problem started in 1974 with the invasion” I guess everything was just a walk in the rose garden between 63-74 for TCs on this island.
I have said in another post. For GCs the Cyprus problem was completely solved in 4 March 1964, and reemerged again on 20 July 1974. For TCs Cyprus problem started on 21 December 1963.
And yes I am not denying the fact that there were portions of the TC society that wanted partition from the beginning and used the 1963-64 events for their aims. But you can not deny the fact that there was a portion of you society( and probably a bigger portion as a percentage wise) that wanted enosis and never liked the 1960 agreements and looked for a opportunity to start the evenst of 1963 and 64.
IF the events of 63-64 never happened we would not come to this point at all. So please start accepting responsibility as we are accepting ours.
Furthermore it seems to me that what you are trying to say here is that a crime justifies another crime. No it does not!
No I am not saying that. All I am saying is that, there is not one crime but two. So if we are cleaning the crimes we should clean two of them. How does this sound? Fairly accurate huh! So let’s get the Turkish troops out of the island, end the occupation and solve the refuge problem, with an acceptable way (if it takes all the refuges to turn back so be it. This means that you will have to compensate us for all our damages for the last 40 years, and we will compensate you all the damages fro the last 30 years) and you start giving our righst back from 1960 constitution.
How does this sound? And once you give all our rights back from 1960 constitution, and we give all your properties back, then we can start negotiating again if you want about how to change the 1960 constitution. I guess this sounds like a fair deal to you. But remember we have pretty good rights in 1960 constitution (much much better than Annan Plan) so it will be a very hard bargain for you guys.
So you want to know why depriving the GCs of their properties is a violation of their human rights?
1)Because expropriation is only allowed by the state only in case the property will be used for public purposes (e.g to build a school, road, public building etc) the use of which will be enjoyed by all citizens. No state can take your property and give it to someone else!
I guess all the TC properties that RoC expropriated in the last 30 years. (and they are much more than you can imagine) were used for the benefit of the TC society as well and just compensation was paid for those properties. So if I go to RoC govermetn right now and ask for the money that she owes me because they had torn my house down I guess she has to pay me all the money with accumulated interest huh?
2)Because massive expropriation of GC properties equals to massive expression of descrimination based on race, i.e massive expression of racism.
The same argument as before. When you kick us out of the government in 1963 I guess that was a discrimination based on race as well. I mean you have discriminated our rights to elect and be elected. (and please before you say that TCs choose not to participate, make some research and find out how many TCs tried to break ranks from the “taksim” and try to continue their governmental duties but simply rejected by the GCs back then. After all UN security council said that GCs were the representative of the whole island so why would our participation in the government was necessary fro you guys.
3)Because as long as the compensation will no be in cash, you have every right to refuse.
Are you saying that if the compensation is in cash you will accept it. Because it can easily be solved. Every TC were willing to go to a bank and get a 30 year mortgage on his property and turn back and pay the cash to GC, if cash is what you need. But you know what this means. We will get these properties by paying them (without an exchange fro our properties in south) so we will still be entitled what we have left behind.
4)Because the State does not have the money to pay for such a huge extend of expropriation, and because it cannot even guarantee it's bonds, their purchasing strength at maturity, and their annual interest.
Who said anything about the state. Read response to point 3 above. If that is what you need as a change in Annan Plan, we are more than ready to give that change to you.
5)Because by donating the properties or selling them to the TCs and settlers at a small fraction of their real value, the State discriminates against it's own citizens, and commits acts of racism.
Again, who said anything about the state. We can find a fair market value for the properties very easily. It is forced selling, I am not dismissing that. But this is what every government does when they expropriate any property. They force the individual out, and give them the found fair market value for the property. So it is not discrimination, and it will be done by individuals not by the state.
6)Because the State will have to apply taxation to cover the costs of expropriation, which under the current conditions will be paid 90% by those who will lose their properties and by just 10% by those who will get them.
Again and again, I have stated a solution for you that does not involve state.
In other words my friend. Just simply forget the matter of depriving anyones right to his property. It cannot stand legal not for a second.
All the state can do is just encourage the people to exchange or sell their properties on their own free will. Whether that will end up to a clear bizonal situation that can guarantee a stable Federal system nobody can tell. What is for sure is that it is a myth that after a solution the GCs will run to settle in the Northern part, or the TCs to the Southern part, even under the best of conditions. And the next myth is that the current laws of RoC and the EU give the right to any owner to throw a person using a propertty out in the streets, before exhausting all possibilities for a friendly settlement and before exhausting all other legal possibilities. And because we all know the legal procedures can take years, I leave it upto you to guess what most people will do.
I can show you legal precedent for you, where there is a property in question which is used by an individual for a long years, and which is not legally acquired and have been taken to court. And court rule that the current owner gets to keep the property granted he pays the fair market value for the house plus interest. So in essence it is a forced sale.
There is nothing in the law that says property has to be returned back to previous owner. Not even human rights says that. As long as you are paid a just compensation for it. Forced sale of a property does not violate human rights if it is done under certain conditions.
In view of the above, if both sides want to proceed to a bizonal Federation, they must both realise that they cannot do this by violating any human rights, and in this respect they should undertake the risk that such a solution might not be stable. By instability I don't mean it will create an arms conflict I mean it may end up to be two GC Fed states.
In my opinion the most stable solution is a Unitary State in which the TCs will have the same Political rights as those they would have in a Federal system. In this system we will certainly start from bizonality, but slowly slowly that will fade. In the end (maybe after 100 years) the TCs will still be majority in the north but the region in which they will be majority will be about equal to their percentage population. (You are a maths guy-think about this evolvement, in my opinion it is the most likely to occur)
About this!!!
How about as I have suggested before. Turn back to situation in 1963 anf you give our constitutional rights. And then we start negotiating bizonality after that. We can give up some of our rights from 1960 constitution to get a bizonality.
Because what you are essentially suggesting is unitary state with bizonality. Acceptable for me. Actually even bizonality is not a requirement for me. I could definitely live among GCs. I think majority of them are great people. I can not talk for others though.
So lets turn back to 1963 and those TCs that want to live next to other TCs may end up accumulating over time next to other TCs.
But for some reason, I have a feeling that you do not want to turn back to 1963 and give our rights back. You want to turn back to current day RoC, where TCs have lost ,amy of their rights from 1960 constitution.
Anyway, this post has gone so long. No need to extend it any longer. I sincerely thank you for bearing with me for 6 pages.
Have a great day,