Independent In-depth
Paragraph by Paragraph Analysis of the Implications of the Annan Plan
Foundation Agreement
Article 2 The United Cyprus Republic,
its federal government, and its constituent states
|
1. The status and relationship of the United
Cyprus Republic, its federal government, and its constituent
states, is modeled on the status and relationship of Switzerland, its federal
government, and its cantons. Accordingly: |
Comments
Cyprus will enter the EU on 1 May
2004 under the name “Republic of Cyprus”. The Republic of Cyprus and is recognised
by all UN members (except Turkey which) as representing all of islands population
and territory, including the areas illegally occupied by Turkey. The use by
Annan of the extra qualifying term “United” can be construed as giving the impression
that the Republic of Cyprus does not represent all of the islands territory or
people by indirectly recognising the illegal secessionist entity in the north and
thus contravenes UN resolutions 541 (1983) and 550 (1984).
Paragraph 1 blatantly contravenes
the Makarios Denktash 1977 and 1979 High Level Agreements and every UN
Resolution since Security Council resolution 649 (1990) which ‘Calls upon
the leaders of the two communities to pursue their efforts to reach freely a
mutually acceptable solution providing for the establishment of a federation
that will be bi-communal as regards the constitutional aspects and bi-zonal as
regards the territorial aspects in line with the present resolution and their
1977 and 1979 high-level agreements, and to co-operate, on an equal footing,
with the Secretary-General in completing, in the first instance and on an
urgent basis, an outline of an overall agreement, as agreed in June 1989.’
While UN resolution 649 (1990) calls
for the establishment of a Federation, Article 2 Paragraph 1 of this Agreement
cites the Confederal constitution of Switzerland as its basis.
Apart from the fact that no other
constitution in the world has a clause in it stating that it should be modelled
on that of another country, the Swiss constitution spells out that it is a
“confederation” in 3 languages (Confédération suisse/Schweizerische
Eidgenossenschaft/Confederazione Svizzera in
title to Article 1) and Kofi Annan could not have been ignorant of this.
A confederation operates in a
completely different way and under a completely different socio-political and
socio-economic structure from a federation therefore Mr Annan has submitted a
plan that is clearly in contravention of his own organisations resolutions and
the High Level Agreements they are based on.
Article 2 is in clear contravention
of the resolutions of the United Nations Security Council and must be amended.
Clarification Required
Why is Mr Annan not adhering to the
form of solution specified by his own organisations resolutions.
What exactly does Mr
Annan think a federation is and how does he think it works.
Why has Mr Annan chosen Switzerland
which along with not being a federal state is not even an EU member as the
basis of his plan and not Belgium which is a federation and also an EU member.
Why is Mr Annan referring to
constituent states, when there is no geographical of historical basis for such entities
in Cyprus, instead of regions (which is the designation used by a federal
constitution such as that of Belgium), or cantons.
How does Mr Annan know that Switzerland will continue to retain it’s present constructional system un-amended and what I Cyprus expected to do if it doesn’t. Is Cyprus expected to follow the ethos Switzerland’s constitutional amendments, a country which is not even an EU member or prospective candidate, with similar ones of its own.
Amendment Required
1.
The status and relationship of the Republic of Cyprus, its federal government,
and its cantons is based on EU law.
Accordingly:
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revised 30/01/04