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

3. The federal government and the constituent states shall fully respect and not infringe upon the powers and functions of each other. There shall be no hierarchy between federal and constituent state laws. Any act in contravention of the Constitution shall be null and void.

Comments

What Kofi Annan is describing here clearly is not a federation. A federal state has a hierarchical structure where the federal government and federal law overrule state government and state law.  The Annan plan is calling for a state where there is no federal overrule. In reality the Annan plan is proposing a confederal system like Switzerland.  The insincerity of the plan is evident in the fact that it says it is proposing a federal state modelled after Switzerland, when anyone who looks up Switzerland's constitution knows that it spells out the fact that it is a Swiss confederation.  Why does it matter if the Annan plan is calling for a federation or a confederation? For starters, UN resolutions are calling for a federal solution in Cyprus.

It is clear that paragraph 3 must be amended to bring it in line with the UN’s own resolutions and the High-Level agreements which demand a Federal system of governance and not a Confederation. No other EU member state has a confederal constitution.

Amendment Required

“3. There shall be a hierarchical structure between federal government and the cantons. The cantons shall fully respect and not infringe upon the powers and functions of each other. Any act in contravention of the Constitution shall be null and void.”

Clarification Required

Why is Mr Annan not adhering to the form of solution specified by his own organisations resolutions which all for a federal solution in Cyprus ?

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revised 30/01/04