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

2. The constituent states shall cooperate and co-ordinate with each other and with the federal government, including through Cooperation Agreements, as well as through Constitutional Laws approved by the federal Parliament and both constituent state legislatures. In particular, the constituent states shall participate in the formulation and implementation of policy in external relations and European Union affairs on matters within their sphere of competence, in accordance with Cooperation Agreements modeled on the Belgian example. The constituent states may have commercial and cultural relations with the outside world in conformity with the Constitution.

Comments

Article 2 paragraph 2 is over convoluted and it is unclear what the cooperation agreements it describes entail and who is being cooperated with; constituent state with constituent state or constituent states with the federal government. Kofi Annan must clarify this.

The Resolutions of the United Nations and the High Level Agreements call for a Federal System of government in Cyprus not a confederation which is the model the Annan plan is proposing. A component state of a federation cannot have separate trading/commercial relations with an external state. The US state of Texas does not have separate treaties with the United Kingdom or France. European law dictates that external trade concessions and customs regulations must be uniform and therefore must be set and administered by the federal government alone. No existing EU member or candidate for EU membership is a confederation.

No constitution of any other country in the world states it will defer its authority to the constitution of another state. Each country has its own laws specific to its own needs. Kofi Annan should directly quote part of the Belgian constitution is referring to.

The functionality of the institutions of the so-called component states or cantons must be governed by the law in the same way as they are governed by the law in the Belgian constitution (Chapter IV and Chapter VIII.) if UN resolutions are to be respected and not as in the Swiss constitution.

In order to make the Annan plan functional and compatible with UN resolutions calling for a solution in the form of a federation, Article 2. 2 needs to be amended as follows so that it clearly states the mechanisms and hierarchy that will be followed.

Amendment Required

“2. The cantons shall cooperate and co-ordinate with each other and with the federal government, through Constitutional Laws determined by the federal Parliament in accordance with the federal constitution. In particular, the cantons shall participate in the formulation and implementation of policy in external relations and European Union affairs on matters within their sphere of competence, in accordance with Cooperation Agreements determined by the federal Parliament. The cantons may have cultural relations with the outside world in conformity with the Constitution.”

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 ?

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revised 30/01/04