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GC Author Antonis Angastiniyotis and GCs - READ and LEARN!

How can we solve it? (keep it civilized)

Postby 74LB » Sat Jun 23, 2007 11:31 am

My thanks to Pyrpolizer for providing the links to the TCCS & GCCS constitutions and much as I would have wished to have responded sooner, work commitments as well as finding the time to read and try to comprehend the TCCS/GCCS/AP 5 has delayed me somewhat.

Before I begin, let me introduce myself (and apologies for not doing this a while back when I joined the forum). I am 47 years old, male, born in the UK to TC parents, my father is from Turunclu (Strongylos) & my mother from Sandallar (Santalaris).

I would like to let it be known that I do not have a deep knowledge of the politics involved in resolving the Cypprob or indeed in renegotiating another plan, I am a family man who wishes for a solution so that everyone in Cyprus is able to get on with their lives after the traumatic events that led from the formation of the Republic to this current day.

I think we would all agree that nearly half a century has passed and in that time it seems that Cyprus as a whole has made no progress whatsoever in resolving the problem between its communities. Throughout the world we have seen an end to apartheid in South Africa, the Berlin wall has come down, the USSR has dissolved into umpteen different countries with capitalism taking over from communism, we have seen an end in the UK to the atrocities carried out by the IRA on innocent civilians, I’ve even seen Ian Paisley and Martin McGuinness (who must hate each other more than any pair of politicians I am aware of) sit in the same room and come to agreement on the way forward for Northern Ireland. If all this (and many more) can happen, why can the Cypprob not be solved ?

Anyway, I was intrigued to read the points Kifeas listed where he highlighted clauses in the TCCS constitution (as well as the foundation agreement) which in his view made the Annan Plan unworkable. I do sincerely understand that the Annan Plan was not the ‘be all and end all’ that would have been the solution to the Cypprob, however once it was comprehensively rejected by the GC’s I keep asking myself why is it that for over 3 years now since the vote there has been little or no progress ?

Why hasn’t either side sat down and investigated the reasons a resounding NO was given by one community. Is it because the people in charge are happy for the status quo to continue and they stick two fingers up (or indeed show the middle finger) to the ordinary folk who want a solution. Ordinary folk, their children, and their grandchildren just want to get on with their lives living in peace ? No bloodshed, no fear of going out, just living life the way it is meant to be.


Here are a couple of quotes from Kifeas that stood out for me -

QUOTE 1
I have finally exposed the totalitarian, nationalist, un-cultural and opportunist attitude and aims of the Turkish kemalist establishment and its TC cronies, for trying to impose on the Greek Cypriots a status similar to that of the now rebelling Kurdish people of Turkey, whom they deny the right for cultural self-determination in their own country, under the kemalist doctrine of “one state, one language, one nation!”

They wanted in this way any GC that would choose to return back to were they were ethnically cleansed from in 1974 -back to their ancestral lands were they used to have their civilisation and all their cultural, religious, educational and linguistic rights for thousands of years, with their own signature to deprive them from all of those rights! They wanted to deny them their dignity and self-respect, so that they either choose not to return and thus live the 30% of Cyprus entirely as a Turkish province for the TCs and the mainland settlers, or if they choose to return to accept that they will have to be turkified themselves!

This is the diabolical nature of the kemalist Turkish ideology, one of the last remaining fascist, kitsch and banal ideologies on earth in our times!

Thank you Tassos for seen the devil and protecting the history, the dignity and the self-respect of the GC community!


QUOTE 2
VP, you need not say it in the forum that your intention was/is to treat GCs as second class citizens! We know this is what you intent to do, so that you discourage anyone from returning back to their ancestral lands in the north, and thus retain a purely Turkified territory in the north! We know it because this was what was provided by the constitution of the so-called TC Constituent State (TCCS) that you have gotten Kofi Annan, the biggest vagabond SG in the UN history, to offer you as part of his proposed “solution” plan!


I tried to understand the anger that was within when these were written, and deep down without having access to the TCCS/GCCS constitutions, I too would be sympathetic, however I shall now try and respond to each of the items raised to back up the quotes above.

I will post these separately so that they are easier to read (I cannot seem to gather together the ‘skill’ required to post several quotes via the cut’n paste method – maybe I’ll ask for help from Admin). Anyway here goes……………

PART I
General Principles
The Form and Characteristics of the Turkish Cypriot State
Article 1
The Turkish Cypriot State, as one of the two Constituent States of the United Cyprus Republic, which is based on the political equality, bi-zonality and equal status of the two Constituent States, representing the distinct identity of Turkish Cypriots and their equal political status in a bizonal partnership.


What one reads above?
You assume that one of the two states will ethnically belong to you, exclusively! You want the constitution of this state to only talk on your behalf as an ethnic community, and represent you, and only you, as the ethnic owners of the 30% of Cyprus’s territory! No mention or regard is paid to the fact that the people living in this part of Cyprus will also include the GCs that would wish to permanently return back to their ancestral lands! You assume that that part of Cyprus is not their country, and they should not be expressed through or represented by the above constitution! More or less like how your motherland treats it’s citizens of Kurdish origin! Need I say more? Do you want more evince of your bad will intentions?



But Article 1 goes on to say………….
It is a secular state based on the principles of human rights, democracy, representative republican government, social justice and the supremacy of law

In my view, this does not say that one of the two states “ethnically belongs” to the TC’s exclusively – what I interpret it as saying is that it represents the distinct identity of Turkish Cypriots, which is not taking any rights away from those from a different ethnicity who reside in the TCCS. However, there is no denying that the majority of inhabitants in the TCCS will be TC’s in the same way that the majority of inhabitants in the GCCS will be GC’s.

The TCCS further goes on to say……….
PART II - Fundamental Rights, Liberties & Duties
CHAPTER 1 – General Provisions
Equality
Article 10
1) All persons shall be equal before the law………
2) No discrimination shall be made among individuals for reasons of gender, race, colour, ethnic & social background, language, religion …………….
3) The organs and the administrative authorities of the State are under an obligation to act in conformity with the principle of equality before the law and not to discriminate in their actions.


I don’t see how the above represents “you and only you (i.e. the TC’s) as the ethnic owners of the 30% of Cyprus’s territory"

My interpretation when reading all of the above differs to yours, and hand on my heart I can’t honestly say that it is as bad as you make it out to be.
Yes, you are correct that it does not specifically mention GC’s, but neither does it make mention any other ethnic group or indeed Turkish settlers that are allowed to remain.

To be continued .........
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Postby 74LB » Sat Jun 23, 2007 11:40 am

The Status of Minorities
Article 14
The State protects the rights of religious minorities, namely the Maronite, the Latin and the Armenian, residing within its boundaries and of the Greek Cypriots residing in the villages in Karpaz area, as stated in the Foundation Agreement and the Constitution of the United Cyprus Republic.

What one reads above?
That apart from the 4 villages of the Karpasia peninsula, you have no intention and you do not care or want to safeguard or protect the religious rights of the GCs that would choose to return back to their ancestral lands in the north! You have planned for them to be second class citizens, or like immigrants moving into another country, despite the fact that they were the indigenous people of these lands with a history dating back to thousands of years, even before your community appeared in Cyprus! You wanted to have the absolute right of religious liberty, and us to have no such rights, so that you discourage them from returning back to their homes and towns in the north!


I think you are playing with words here. Yes, I am surprised to see the way Article 14 is worded in the TCCS constitution, but Article 39 – Religious Minorities in the GCCS constitution is equally guilty in my view as it says
“Maronites, Armenians & Latins shall, within the sphere of competence of the Greek Cypriot State, be afforded the status and rights …………………………in particular the right to administer their own cultural, religious and educational affairs………“
No mention is made of the Turkish Cypriots in the above Article ?

In the same way that the TCCS constitution mentions villages of the Karpasia peninsula, the GCCS constitution (Article 38 – Special Status Areas) makes similar references to TC’s residing in the Tillyria & Mesaoria villages.

I could therefore interpret this by saying that apart from the mentioned Tillyria & Mesaoria villages “you have no intention and you do not care or want to safeguard or protect the religious rights of the TCs that would choose to return back to their ancestral lands in the south! You have planned for them to be second class citizens, or like immigrants moving into another country…………..

To be continued ........
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Postby 74LB » Sat Jun 23, 2007 11:46 am

Right to Education and Training
Article 65
(9) The religious minorities, namely Maronites, Latin and Armenians, living in the boundaries of the State and whose mother tongue is not Turkish have the right to receive education at the primary and secondary level in their native language.


What one reads here? Only the Maronites, Latin and Armenians will have the right to receive education in their native language! No mention about the Greek Cypriots! You do not want them to have such a right, even though they have been the indigenous people of these areas and always had this right before 1974, even during the ottoman and the Venetian occupation of Cyprus and even though you always had such a right in all parts of Cyprus before 1974, as per 1960 constitution; simply because you want to discourage them and indirectly prohibit them from returning back to their lands that your motherland ethnically cleansed them from, so that the north 30% of Cyprus remains always a purely Turkified (ethnically Turkish) territory! Exactly like what your kemalist motherland does to its Kurdish citizens! Dare dispute what I am saying!

But the GCCS constitution (Article 29 – Right to Education) makes no mention of ANY religious minorities, no TC’s, no Armenians, no Latins, no Maronites. So can we interpret this as meaning that “You do not want them to have such a right ? ”

Right to Education and Training
Article 65
(4) It shall be one of the primary duties of the State to provide for the educational and training needs of the people. The State shall carry out this duty in accordance with the principles and reforms of Atatürk,


Besides not wanting to allow the GCs their religious rights and the right to education in their native language, you want to impose on them the “father of the Turks,” the founder of Turkey –a foreign to them country, and the personification of Turkish nationalism, as the guiding authority of their education! This is your concept or understanding of equal and dignified treatment of all citizens of this supposedly multicultural state! Import kemalism in education as well, and force him on the GCs too! The mask has fallen, VP!


The above item (4) continues to say
The State shall carry out this duty in accordance with the principles and reforms of Atatürk, within a framework embellished with universal and national culture and human values, and in such a planned manner, as to meet the demands and needs of the individual and the community.

You are absolutely correct to question this item, however I cannot honestly bring myself to believe that children from ‘non-Turkish’ backgrounds will be taught in the manner you describe.

I couldn’t find any mention in the GCCS constitution that it will provide education in the native Turkish language for TC’s living in the GCCS, nor in the language of any other minority group for that matter.

To be continued ..........
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Postby 74LB » Sat Jun 23, 2007 11:53 am

The Unity, Official Language, Anthem and the Capital of the State
Article 3
1) The State is an indivisible whole with its people living in its boundaries.
2) The official language is Turkish.
3) The State has its own flag and an Anthem. The Turkish flag may be flown in the territory of the State subject to the relevant provisions of the Foundation Agreement and the constitution of the United Cyprus Republic.

Why only the Turkish language should be the official one in the 30% of Cyprus, in which the GCs have existed and their language was spoken for tens of centuries before any Turk had stepped foot in these areas? Why only the Turkish language, and not both Greek and Turkish should be the official ones………………………………. And why only the Turkish flag will be flown?


The GCCS constitution says :
(Article 4 – Language(1) The official language of the Greek Cypriot state is Greek. A Law may make provision for the use of Turkish and other languages.

Note how it says ‘ A Law may make provision…….” So, officially the language of the GCCS is Greek.

With regards to the flag issue, the TCCS constitution clearly states that the TCCS state has its own flag and that the Turkish flag may be flown subject to the relevant conditions etc of the United Cyprus Republic.

I do not see where it says that ONLY the Turkish flag will be flown ?

To be continued ..........
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Postby 74LB » Sat Jun 23, 2007 11:57 am

The Right to Elect, to be Elected and to Participate in a Public Referendum
Article 74
(1) It shall be the right and duty of every Cypriot citizen permanently residing in the State who has reached the age of eighteen years to vote at State elections and referenda.
(2)Every Cypriot citizen permanently residing in the State who has reached the age of 18 years and has command of its official language shall have the right to be elected to public offices of the State. To be elected, such a person shall ordinarily have resided in the State for at least three years. This right shall be regulated by law.


Now read the above very interesting part (par. 2!) The Turkish side, in its pursue to violate the GCs human and political rights, those that would have chosen to return back to their ancestral lands in the north and thus become again permanent residents of the now to be TCC state, will be denied the right to become elected from within the place of their origin and habitation, unless the prove that they have learned the Turkish language well!


It does make sense to me that anyone elected to public office should be able to speak the official language (would it be acceptable to have people in public offices in the GCCS not being able to speak the official language of Greek ?).

However I think that this clause (2) should have reflected the wording of the GCCS constitution (Article 37 Elections) where it says “ Any person permanently resident…………………has the right to vote or to stand as a candidate in any election………..

I notice that the GCCS constitution (Article 66 – Size of House of Representatives) provides by law 3 places out of 60 for religious minorities, namely the Maronite, the Armenian and the Latin. This reads that there will be 3 and only 3, no more, no less. Interestingly, no mention of seats for the TC’s ?

Nearly finished..............
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Postby 74LB » Sat Jun 23, 2007 12:00 pm

Taking the Oath
Article 88
The deputies shall take the following oath before assuming their duties:
“I do swear upon my honour and dignity that I shall preserve the existence, rights and sovereignly exercised powers of the State within the United Cyprus Republic; that I shall be bound by the principle of the supremacy of law and by the principles of a democratic secular State, social justice and the principles of Atatürk; that I shall work for the welfare and happiness of my people; that I shall not depart from the ideal that every citizen must benefit from human rights and that I shall remain loyal to the Constitution.”


What does the Turkish side want to do here! As if not been able to become elected if a GC doesn’t speak the “official” language, was not enough, they also want to oblige and force any GC that would want to be elected as an MP of the state in which he or she will be a permanent resident, to take an oath of compliance to the “principles” of the “father of the Turks


This is an odd clause for me (mentioning the principles of Atatürk). I know that every elected member needs to take an oath (the GCCS constitution caters for this under Article 63 – Affirmations) but you are correct that those elected from ‘non-Turkish’ backgrounds would find this objectionable and even uncomfortable.
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Postby 74LB » Sat Jun 23, 2007 12:09 pm

I am certain there are many many points in the Annan Plan and its associated constitutions and paperwork that needs to be worked on and negotiated if a lasting solution is to be found.

It may be that the Annan Plan is indeed dead and buried and that the communities will have to start again. Indeed, in this particular thread, Big Oz and DT did start again, but as usual the thread goes off on a tangent and certain excellent points that are made seem to be lost in a mire of blame, counter-blame etc.

It really is down to the politicians we elect to seek, negotiate and finalise a solution for the Cypprob. Or are they, as I mentioned at the beginning of my posts this morning, happy for the status quo to continue ?
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Postby Kifeas » Sat Jun 23, 2007 2:11 pm

'74LondonBoy wrote:
PART I
General Principles
The Form and Characteristics of the Turkish Cypriot State
Article 1
The Turkish Cypriot State, as one of the two Constituent States of the United Cyprus Republic, which is based on the political equality, bi-zonality and equal status of the two Constituent States, representing the distinct identity of Turkish Cypriots and their equal political status in a bizonal partnership.


What one reads above?
You assume that one of the two states will ethnically belong to you, exclusively! You want the constitution of this state to only talk on your behalf as an ethnic community, and represent you, and only you, as the ethnic owners of the 30% of Cyprus’s territory! No mention or regard is paid to the fact that the people living in this part of Cyprus will also include the GCs that would wish to permanently return back to their ancestral lands! You assume that that part of Cyprus is not their country, and they should not be expressed through or represented by the above constitution! More or less like how your motherland treats it’s citizens of Kurdish origin! Need I say more? Do you want more evince of your bad will intentions?



But Article 1 goes on to say………….
It is a secular state based on the principles of human rights, democracy, representative republican government, social justice and the supremacy of law

In my view, this does not say that one of the two states “ethnically belongs” to the TC’s exclusively – what I interpret it as saying is that it represents the distinct identity of Turkish Cypriots, which is not taking any rights away from those from a different ethnicity who reside in the TCCS. However, there is no denying that the majority of inhabitants in the TCCS will be TC’s in the same way that the majority of inhabitants in the GCCS will be GC’s.

The TCCS further goes on to say……….
PART II - Fundamental Rights, Liberties & Duties
CHAPTER 1 – General Provisions
Equality
Article 10
1) All persons shall be equal before the law………
2) No discrimination shall be made among individuals for reasons of gender, race, colour, ethnic & social background, language, religion …………….
3) The organs and the administrative authorities of the State are under an obligation to act in conformity with the principle of equality before the law and not to discriminate in their actions.


I don’t see how the above represents “you and only you (i.e. the TC’s) as the ethnic owners of the 30% of Cyprus’s territory"

My interpretation when reading all of the above differs to yours, and hand on my heart I can’t honestly say that it is as bad as you make it out to be.
Yes, you are correct that it does not specifically mention GC’s, but neither does it make mention any other ethnic group or indeed Turkish settlers that are allowed to remain.

To be continued .........


74Londonboy, first of all, I would have liked you to have quoted the entire section that I have presented -including the preamble, and not just part of it, i.e. article 1 of the TCCS constitution!

Here it is again:

Annan plan’s TCCS Constitution wrote: THE CONSTITUTION OF THE TURKISH CYPRIOT STATE
PREAMBLE

We, the Turkish Cypriot people,
bearing in mind that the territorial integrity, security and constitutional order of the Turkish Cypriot State is guaranteed under the Treaty of Guarantee,
sovereignly proclaim this Constitution by approval at referendum of 20 April 2004 as the Constitution of the Turkish Cypriot State.

PART I
General Principles
The Form and Characteristics of the Turkish Cypriot State
Article 1

The Turkish Cypriot State, as one of the two Constituent States of the United Cyprus Republic, which is based on the political equality, bi-zonality and equal status of the two Constituent States, representing the distinct identity of Turkish Cypriots and their equal political status in a bizonal partnership.


Not just article 1, which scandalously assumes that the State will represent the distinct identity of just one community -the TC one, (and here I ask which other modern democratic state has such a rubbish claim in its constitution, especially if it is already assumed that a large proportion its resident citizens will originate from another community;) but the preamble sets he record even more straight, by declaring that only the TC “people” (and here I ask again, since when the TC community has become a separate people in Cyprus,) are expressing their inherent constituent power to speak on behalf of the state!

If the above two, either taken separately or together, do not give you the direct message that the TC community assumes the entire state, (i.e. the 30% of Cyprus that the Annan Plan allocated to it as territory, its entire cultural identity, its entire inherent ownership and its state mechanism,) to be of the exclusive belonging and ownership of the TC community (or “people” as it refers to them,) then you indeed have serious comprehension problems!

And here I ask you a third question, why do we have to accept that such a state, with such a constitution as the above, should cover the 30% of Cyprus’ territory? Is it because all that area of the north 30% of Cyprus has historically belonged to the TC community, alone and exclusively? Is it because the TC community was numbering the 30% of Cypriots, instead of the 18%? Is it because the TC community either collectively or individually were the owners of 30% of Cyprus territory, instead of only the 12.3% of the private land which (private land) was the 72% of the total area of Cyprus? The answer to all the above is “no!” None of them were ever the case! The why did we (GC’s) accepted to negotiate a BB federation on the basis of the above (nearly 30%) of territory for the north state? The reason we accepted this substantially larger proportion was because we wanted to secure the return of all GC refugees originating from that part of Cyprus (some 80-90,000 people) back to their historical towns and villages, and still the majority of the resident population of that state to continue to originate from the TC community! This presupposes of course that almost the entire TC community’s population will choose to stay in the north (within the boundaries of the state!) If the underlining scenario was not based on the above logic, then we wouldn’t have negotiated any more territory than the 18% of Cyprus!

Making the TC community the majority of the resident population of one of the two states, it was assume (and claimed by your community) that this would have allowed them to retain their cultural identity, and would also have alleviated their insecurity feelings, things that your community has always been claiming they could not have been guaranteed within a unitary state, as Cyprus was before 1974 (or under the 1960 state of affairs!) In no case it was assumed, at least by us –GCs- that the state itself would have become of an ethnic TC ownership, as you have tried to make it under the Annan plan! All returning GC refugees, those that their fait would have been to become residents of a TC majority state, were always assumed to have been able to return freely, with full respect of all their natural, human, democratic, political and cultural rights, precisely as they used to live in that part of their country for tens of centuries before 1974!

Instead of this, you went ahead and prepared a constitution that would have never allowed them any of the above, hoping that this would have eventually discouraged them to return back to their lands in the north!

Not only your side did the above, but it also pushed for exhaustingly long re-settlement timetables (10-20 years,) hoping that by that time, plus the 30 years that had already elapsed since 74, the last GCs that would have had memories from that part of their country, would have passed away as well!

In a nutshell, what you were always claiming to have been afraid that the GCs would have done to your community, (turn you into a minority within a Greek dominated Cyprus,) should we ever go back to a unitary state (and all this without evidence;) you have been caught to have attempted to do it to the GCs yourselves, as it was manifested in that constitution!

PS:
1.) Please do not cite the GCCS constitution as a counter reference, regardless of the fact that there are absolutely no similar in magnitude closures! We are the side that had rejected the Annan plan!

2.) As for the reserving of 1 seat for the Armenians, 1 for the Maronites and 1 for the Latinos in the GCCS parliament, this was over and above their political rights as permanent residents of the state. It is to guarantee that they will elect at least 1 representative each, something that due to their small numbers they might not have been able to do so! It is the very minimum for those groups of people!
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Postby 74LB » Sat Jun 23, 2007 3:37 pm

Kifeas wrote
74Londonboy, first of all, I would have liked you to have quoted the entire section that I have presented -including the preamble, and not just part of it, i.e. article 1 of the TCCS constitution

THE CONSTITUTION OF THE TURKISH CYPRIOT STATE
PREAMBLE
We, the Turkish Cypriot people,
bearing in mind that the territorial integrity, security and constitutional order of the Turkish Cypriot State is guaranteed under the Treaty of Guarantee,
sovereignly proclaim this Constitution by approval at referendum of 20 April 2004 as the Constitution of the Turkish Cypriot State.

PART I
General Principles
The Form and Characteristics of the Turkish Cypriot State
Article 1
The Turkish Cypriot State, as one of the two Constituent States of the United Cyprus Republic, which is based on the political equality, bi-zonality and equal status of the two Constituent States, representing the distinct identity of Turkish Cypriots and their equal political status in a bizonal partnership.


At the time of voting for the Annan Plan, I would estimate that the vast majority of inhabitants of the TRNC were TC's.
The TC's voted by a majority to accept the Annan Plan and the preamble above is representative of the Turkish Cypriot people saying that they accept this constitution. Nothing more, nothing less.

As such my interpretation of the above is different to yours - I have no issues with this and each individual will make their own mind up as to how to interpret it.

All the items you mention about the TC's negotiating everything to suit themselves doesn't make sense to me. Were negotiations only one-sided ? Was there no GC representation at all ?
This must be the first time that I know of that the TC's negotiators actually 'came out on top' if I was to believe all that is written.

My post this morning was so that we could see that there are '2 sides to every story' as they say, and in my personal view the items you posted were not as anti-GC or rascist even as you made them out to be. I tried to show that the GCCS constitution had similar items, albeit they may have been worded differently or not worded at all.

PS:
1.) Please do not cite the GCCS constitution as a counter reference, regardless of the fact that there are absolutely no similar in magnitude closures! We are the side that had rejected the Annan plan!

2.) As for the reserving of 1 seat for the Armenians, 1 for the Maronites and 1 for the Latinos in the GCCS parliament, this was over and above their political rights as permanent residents of the state. It is to guarantee that they will elect at least 1 representative each, something that due to their small numbers they might not have been able to do so! It is the very minimum for those groups of people!


1) but there are similarities, are there not ?
2) this is your interpretation, I read it that there would be 3 representatives in total (and this could be 3 Armenians, or 2 & 1, or 1 each etc). But no mention of TC representation.

This doesn't take away from the fact that the resounding NO vote from the GC's has put a nail in the coffin of the Annan Plan (if it is dead & buried as you say) but this can still be used as the basis to negotiate any future solution. This time, there should be ample opportunity for the sides to negotiate and put forward a plan that is acceptable to all communities and bring everlasting peace to the beautiful island that is Cyprus.
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Postby Pyrpolizer » Sat Jun 23, 2007 11:42 pm

Indeed you are right Londonboy. There are similarities.I personally concentrated on the matter of education and found that basically both constitutions repeat what the Anan Plan says they should include
Imo we cannot draw final conclussions about this issue unless we see the DETAILED Federal law on education. As I said before the Anan plan s NOT only those 182 pages. It is also another 20,000 pages detailed laws that explain everything.
Unfortunately the UN removed everything from their web site, and they don't seem to exist anywhere else anymore...
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