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Bi-Zonal Unitary State

PostPosted: Thu Sep 09, 2004 9:15 pm
by insan
In my opinion the only practical solution to get us out of what we are today, in an almost painless way, is a bizonal Unitary State. In which the State itself will appoint exclussively TC government officials administrators and excecutives to run a region where the majority of TCs will live.Irrespective of the number of GCs among them. And in which the matter of equality will be like what we agreed with Erol in other threads



It's a dream but let's discuss it anyway...


1- The percentage of the land that will be administered by TCs: %29?

2- The population of TC administered region: 200.000 TCs + 160.000 GCs?

a) Will all settlers be repatriated or %50 of them alllowed?

b) All GC refugees will get back all of their properties and this means at least 150.000 TCs will become homeless. Let's say 30.000 TCs exchanged their properties with GCs, what will the rest(120.000) do? Will they return to South and continue to maintain their lives there? Doesn't this mean they won't be the majority in their zone?

c) How will be the administrative structure of bi-zonal unitary state? Proportional representation/participation on executive body and equal representation/participation on legislative/judicial bodies?

d) How will be the GCs representation/participation in TC local government?



3- Electoral System and Presidency: Who will vote for whom? Who will be the president? Who will appoint the local governments?


4- Security Forces: What will be the structure of security forces?


5- Guarantorship of foreign countries?




Brother MicAtCyp, can you elaborate the bi-zonal unitary state which you think is the best solution?

I don't agree with you about it. In my opinion the only viable solution for us is the mixed unitary state where two communities will be represented and will participate proportionaly on executive body and equally represented and partcipate on legislative and judicial bodies. In a mixed unitary state like this all GC and TC refugees can return to their properties without the fear of being a minority...

PostPosted: Fri Sep 10, 2004 9:10 pm
by MicAtCyp
Insan brother,
I have to reply in detail to this. Also how to move from the existing situation to the Bizonal Unitary State.
I am very tired tonight, after a whole day job at Paphos and back to Nicosia...
I will reply during the weakend.
Iyi hafta sonu.

PostPosted: Fri Sep 10, 2004 9:13 pm
by insan
Ok brother. Have a good rest and a iyi hafta sonu. :)

PostPosted: Sun Sep 12, 2004 4:32 pm
by MicAtCyp
The bizonal Unitary State.

The structure of the state will be basically the structure of the Cyprus Republic with some modifications that will be agreed. That is to say a President (as a head of the Council of Ministers), about 10 Ministries -Agriculture and Natural resources, Justice and Public Order (Police and Fire Dept), Commerce and Tourism, Exterior affairs, Interior affairs,Labour and Social Insurance, Economics and Finance, Education and Culture, Communications and Works, Health -a Parliament,the District courts, and a the Supreme Court.

The personnel of all ministries will be according to population percentage as well as the intermediate administrative positions.The top administrative positions( about 20-30 in each Ministry) will be on a 50-50 basis and on rotation to avoid the creation of permanent small kingdoms. If the Ministries are 10, then 2-3 Ministers will be TCs and there will be rotation on the Ministries each community holds.Each Ministry will have two sub Ministers one GC and one TC each of which will be responsible for the affairs, smooth running, and personnel of the Ministry, in the GC and TC zones.

The Parliament.The members of the Parliament will be according to population percentage.There might be an upper level Parliament on a 50-50 basis that will have to approve all the laws of the lower parliament. An alternative to the upper level Parliament can be the Supreme court to which any of the two communities can send questionable laws. The Supreme Court will again be on a 50-50 basis plus some foreigners.

The President.He will be elected directly from all the people. In case no TC is elected President within 4 consequtive terms the fifth term will be granted to a TC. The second Presidency term after a solution will be granted to a TC so as to give the sense of responsibility to the TCs the soonest possible.

Matters of equality, preservation of culture and identity.Such matters like having 2 official languages will be written in the constitution. Furthermore there will be a general clause that no law or action of the State can benefit or harm any community on the expense or favor of the other-unless otherwise agreed.In such cases the matter will go to the Supreme Court for decision. There might also be cases that one community has to benefit more than the other community, e.g the TC community might need more development budgets after a solution so it's standard of living equalises faster. Here we will have the "unless otherwise agreed" clause.

Bizonality:There will not be any specific percentages or a predifined area that will clearly define the bizonality.The general rule is that the TCs will be administered by TCs in the areas where they are concentrated or are the majority, irrespective of how many GCs live among them. In the begining the geographical area will be as high as the present 37% of the northern part. Slowly slowly it will decrease by itself to some lower percentage which in my opinion will never be lower than 18% .

Properties:The matter of Properties will be settled by the property committe as described in the Anan Plan, with the limitation that this committe will only deal with matters of exchanging of equal properties. In this respect all TC properties in the Southern part will be exchanged with equal GC properties in the Northern part. The barbed Famagusta area is a separate issue, so we will eventually end up to 18% TC land owenersip in the north (private+state+evkaf) + about 17% GC + 2%(?) the Famagusta barbed area. If the zone of the TCs is the total of the current northern part , then even if after many years ALL the GCs return to their properties the TCs will still be a slight majority. However it is clear from numerous polls that not even half the GCs will be interested to return within the next 15 years.In the end the existing northern part will exist of about 50-50 land owenership, however the population ratio will be about 70-30 in favour of the TCs. The fact that the "TC zone" will be limited with time to reflect the region where they are the majority, will always quarantee a TC majority in that zone.

GC properties that will still be used by TCs after the exchange of equal properties:The matter will be left upto the individuals concerned to arrange it between themselves.The general rule is that nobody can use property that does not belong to him for free, and nobody can throw anyone in the streets just like that.The state may subsidise the rent for some years or help the buy out via long term loans, or build a new house for the present user.

Settlers:The number of settlers that will eventually stay will be examined on a case to case basis according with international human rights laws, treaties that we signed, EU Aquis etc. All those who are not entitled to stay must be repatriated. The settlement/colonisation is classified as an international crime so the Country that did it (Turkey) must undertake all financial costs invlolved like covering all cost concerning the relocation of those who might be interested to return to Turkey, as well as all costs for those who will stay.

Demilitarisation. The schedule will be generally as per Anan Plan.There must not be any troops left (either Greek or Turkish) in the end.
Guarantorship and intervention rights: There must not be any such rights in the end.During the demilitarisation process the rights of any armed forces to guarantee the safety or even intervene must be aggreed and written down in exhaustive detail.

Matters strengthening the Unity of the State and the people: one flag, one national anthem, two official languages, obligatory teaching of Greek and Turkish in all schools (as per Anan Plan) reconcilliation committe as per Anan Plan, one new Currency, civilian marriage to be the only legally accepted marriage, etc etc.

Law governing the new State: The 20,000 pages of laws in the Anan plan with some modifications to reflect the new Bizonal Unitary state structure.

How do we move from the existing situation to the Bizonal Unitary State?
Obviously the first part is the agreement and the law Governing the new structure.
The rest is very easy in my opinion. The administrative structure of the Cyprus republic is joined with the administrative structure of the currently occupied part under 10 or more ministries and sub ministries, and we immediately have elections for Parilament members, and a President. The rest follows its route, slowly slowly.

The difference between the Bizonal Unitary State and the Bizonal Federative state: The first is flexible and allows the formation of two zones in a natural way.The second is technical and inflexible.The first enables the formation of one state and one national identity. The second tends to create 2 states and 2 identities. And the most important: The Federal state requires direct limitations on basic human rights, it is unstable because it requires fixed majorities,and costly because it requires duplication of the government machine.The Unitary state does not limit any human rights, it is very stable, and it is less costly.

The similarities between the two: They both provide for a concentration of the TCs in an area where they will be bosses of themselves, and both provide enough security against extremists and nationalists of the other community.

PostPosted: Sun Sep 12, 2004 8:56 pm
by insan
MicAtCyp wrote:The bizonal Unitary State.

The structure of the state will be basically the structure of the Cyprus Republic with some modifications that will be agreed. That is to say a President (as a head of the Council of Ministers), about 10 Ministries -Agriculture and Natural resources, Justice and Public Order (Police and Fire Dept), Commerce and Tourism, Exterior affairs, Interior affairs,Labour and Social Insurance, Economics and Finance, Education and Culture, Communications and Works, Health -a Parliament,the District courts, and a the Supreme Court.


Ok.

The personnel of all ministries will be according to population percentage as well as the intermediate administrative positions.The top administrative positions( about 20-30 in each Ministry) will be on a 50-50 basis and on rotation to avoid the creation of permanent small kingdoms. If the Ministries are 10, then 2-3 Ministers will be TCs and there will be rotation on the Ministries each community holds.Each Ministry will have two sub Ministers one GC and one TC each of which will be responsible for the affairs, smooth running, and personnel of the Ministry, in the GC and TC zones.


Ok


The Parliament.The members of the Parliament will be according to population percentage.There might be an upper level Parliament on a 50-50 basis that will have to approve all the laws of the lower parliament. An alternative to the upper level Parliament can be the Supreme court to which any of the two communities can send questionable laws. The Supreme Court will again be on a 50-50 basis plus some foreigners.


"There might be an upper level Parliament on a 50-50 basis that will have to approve all the laws of the lower parliament. " It seems you are not sure about political equality of two communities. This issue directly effects the bill introduction, voting and passing or rejecting it.



The President.He will be elected directly from all the people. In case no TC is elected President within 4 consequtive terms the fifth term will be granted to a TC. The second Presidency term after a solution will be granted to a TC so as to give the sense of responsibility to the TCs the soonest possible.



One term GC, one term TC seems more reasonable to me....



Matters of equality, preservation of culture and identity.Such matters like having 2 official languages will be written in the constitution. Furthermore there will be a general clause that no law or action of the State can benefit or harm any community on the expense or favor of the other-unless otherwise agreed.In such cases the matter will go to the Supreme Court for decision. There might also be cases that one community has to benefit more than the other community, e.g the TC community might need more development budgets after a solution so it's standard of living equalises faster. Here we will have the "unless otherwise agreed" clause.



Ok.



Bizonality:There will not be any specific percentages or a predifined area that will clearly define the bizonality.The general rule is that the TCs will be administered by TCs in the areas where they are concentrated or are the majority, irrespective of how many GCs live among them.



Does that mean if Nicosias population is 51 GCs and the rest TCs; the mayor of the Nicosia municipal will be a GC? This means in no big cities the mayor of Municipality will be a TC and perhaps in many villages.


In the begining the geographical area will be as high as the present 37% of the northern part. Slowly slowly it will decrease by itself to some lower percentage which in my opinion will never be lower than 18% .



Right.

Properties:The matter of Properties will be settled by the property committe as described in the Anan Plan, with the limitation that this committe will only deal with matters of exchanging of equal properties. In this respect all TC properties in the Southern part will be exchanged with equal GC properties in the Northern part.



Are you sure of that the TC properties in the Southern part will be exchanged with equal GC properties in the Northern part? Majority of TCs would ask a guarantee for this because there's a probability that a small percentage of GC refugges may wish to exchange their properties or some of them may wish to sell it to a non refugee GC who wish to purchase property in northern part of the Island.


The barbed Famagusta area is a separate issue, so we will eventually end up to 18% TC land owenersip in the north (private+state+evkaf) + about 17% GC + 2%(?) the Famagusta barbed area. If the zone of the TCs is the total of the current northern part , then even if after many years ALL the GCs return to their properties the TCs will still be a slight majority.



If all refugees return to their properties, the population ratio of two communities living in Northern part of the Island should become 20 GC/ 13 TC ...

However it is clear from numerous polls that not even half the GCs will be interested to return within the next 15 years.In the end the existing northern part will exist of about 50-50 land owenership, however the population ratio will be about 70-30 in favour of the TCs. The fact that the "TC zone" will be limited with time to reflect the region where they are the majority, will always quarantee a TC majority in that zone.


But if things go well in first 5 years they may change their minds and all of them return. Perhaps some of the big capital owner GCs may wish to buy the properties of GC refugees who won't wish to return. Furthermore, those rich GCs and some others would like to buy land in northern part of Cyprus. Will any restrictions be put on these freedoms? No.

And yes... The villages which were pure TC or majorly TC pre 74 will keep its demographic structure. These villages are accomodating only 1/4 of the total TC population.


GC properties that will still be used by TCs after the exchange of equal properties:The matter will be left upto the individuals concerned to arrange it between themselves.The general rule is that nobody can use property that does not belong to him for free, and nobody can throw anyone in the streets just like that.The state may subsidise the rent for some years or help the buy out via long term loans, or build a new house for the present user.




Ok.



Settlers:The number of settlers that will eventually stay will be examined on a case to case basis according with international human rights laws, treaties that we signed, EU Aquis etc. All those who are not entitled to stay must be repatriated. The settlement/colonisation is classified as an international crime so the Country that did it (Turkey) must undertake all financial costs invlolved like covering all cost concerning the relocation of those who might be interested to return to Turkey, as well as all costs for those who will stay.




So all of their cases are the same and all should be repatriated....Only a part of the settlers will be able to stay as foreign labourers.




Demilitarisation. The schedule will be generally as per Anan Plan.There must not be any troops left (either Greek or Turkish) in the end.
Guarantorship and intervention rights: There must not be any such rights in the end.During the demilitarisation process the rights of any armed forces to guarantee the safety or even intervene must be aggreed and written down in exhaustive detail.




Right.




Matters strengthening the Unity of the State and the people: one flag, one national anthem, two official languages, obligatory teaching of Greek and Turkish in all schools (as per Anan Plan) reconcilliation committe as per Anan Plan, one new Currency, civilian marriage to be the only legally accepted marriage, etc etc.




Ok.



Law governing the new State: The 20,000 pages of laws in the Anan plan with some modifications to reflect the new Bizonal Unitary state structure.

How do we move from the existing situation to the Bizonal Unitary State?
Obviously the first part is the agreement and the law Governing the new structure.
The rest is very easy in my opinion. The administrative structure of the Cyprus republic is joined with the administrative structure of the currently occupied part under 10 or more ministries and sub ministries, and we immediately have elections for Parilament members, and a President. The rest follows its route, slowly slowly.



Right.

The difference between the Bizonal Unitary State and the Bizonal Federative state: The first is flexible and allows the formation of two zones in a natural way.The second is technical and inflexible.The first enables the formation of one state and one national identity. The second tends to create 2 states and 2 identities. And the most important: The Federal state requires direct limitations on basic human rights, it is unstable because it requires fixed majorities,and costly because it requires duplication of the government machine.The Unitary state does not limit any human rights, it is very stable, and it is less costly.




Right.



The similarities between the two: They both provide for a concentration of the TCs in an area where they will be bosses of themselves, and both provide enough security against extremists and nationalists of the other community.



By whose police force? For instance how will the police force be organized in towns and the villages of Northen part of the Island where the population density will become majorly GCs other than pure TC villages?