Independent In-depth Paragraph by Paragraph Analysis of the Implications of the Annan Plan

Foundation Agreement

Article 5 The federal government

2. The Office of Head of State is vested in the Presidential Council, which shall exercise the executive power:

a. The Presidential Council shall comprise six members elected on a single list by special majority in the Senate and approved by majority in the Chamber of Deputies. The composition of the Presidential Council shall be proportional to the number of persons holding the internal constituent state citizenship status of each constituent state, though no less than one-third of the members of the Council must come from each constituent state.

Comments

This principle of a Presidential Council is completely unviable and unworkable for any state aspirating to or which is a member of the European Union and will render the functioning of the state inoperative.

The principles of the above article deviate from UN Resolutions and the definition of Political Equity given by the Secretary General in the eleventh paragraph of annex I to his report dated 8 March 1990 (S/21183); noting that it is not the same as numerical equality.

The notion of so-called constituent state citizenship is totally incompatible with the idea of a Federation. A federal state does not vest the constituent states with the right to grant citizenship.  As a resident of California for example, as person is a California resident and not a California citizen.

At present the Turkish Cypriot number 85,000 where as the Greek Cypriots, Armenians, Maronites, and Latin’s number 700,000. A ratio of 11% to 89% cannot possibly justify giving the residents of one constituent state the right to hold at least 2 seats out of 6 on the so-called Presidential council. Later provisions of this plan show that 3 seats will have to be given to each constituent state so as to allow for rotations. This completely defies the principle of political equality and proportionality.

No other country or EU member elects ministers from a list of names. Ministers position are appointed on the basis of ability. How can Cyprus function effectively uncles the best people are in the job and are able to communicate and believe in the same ideology. The fact that the names will need to be approve by both chambers and that there is no deadlock resolving mechanism makes this unworkable. The present council of ministers consists of 12 member so why should this be reduce to 6 unless the intention it to deliberately subvert the principle of proportionality.

This paragraph must be amended so that there is only one elected president.

Amendment Required

2. The Office of Head of State is vested in the President, who shall exercise the executive power in consultation with the councils of ministers

a. The Council of Misters shall comprise twelve members appointed by the President and approved by simple majority in the Senate and the Chamber of Deputies. The President shall appoint ministers on the basis of ability and will strive to keep composition of the Presidential Council proportional to the number of persons holding the internal constituent state residency status of each canton, and a minimum of one member of the Council must come from each constituent state.

Clarification Required