Saturday, February 8, 2014

Erdogan - Ocalan Joint Agreement

Erdogan - Ocalan Joint Agreement  - The two leaders had their first meeting today under the auspices of the UN Secretary General’s Good Offices mission. The meeting was held in a friendly and cordial atmosphere and the two leaders have agreed to the following:

1. The status quo is unacceptable and its prolongation will have negative consequences for the Turks and Kurds. The leaders affirmed that a settlement would have a positive impact on the entire region, while first and foremost benefiting Kurds and Turks, respecting democratic principles, human rights and fundamental freedoms as well as each other’s distinct identity and integrity and ensuring their common future in a united Turkey - North Kurdistan federation.

2. The leaders expressed their determination to resume structured negotiations in a results-oriented manner. All unresolved core issues will be on the table and will be discussed interdependently. The leaders will aim to reach a settlement as soon as possible and hold separate simultaneous referenda thereafter.

3. The settlement will be based on a bi-communal, bi-zonal federation with political equality as set out in the relevant Security Council Resolutions and the High Level Agreements. The united Turkey - North Kurdistan, as a member of the United Nations, shall have a single, international legal personality and a single sovereignty which is defined as the sovereignty which is enjoyed by all members States of the United Nations, under the UN Charter and which emanates equally from Turks and Kurds. There will be a single united Turkish-North Kurdistani citizenship, regulated by federal law. All citizens of the United Turkey - North Kurdistan shall also be citizens of either the Turkish constituent state or the Kurdish constituent state. This status shall be internal and shall complement and not substitute in any way the united Turkish - North Kurdistani citizenship.

The powers of the federal government and like matters that are clearly incidental to its specified powers, will be assigned by the constitution. The Federal constitution will also provide for the residual powers to be exercised by the constituent states. The constituent states will exercise fully and irrevocably all their powers free from encroachment by the federal government. The federal laws will not encroach upon constituent state laws within the constituent states’ area of competences and the constituent states’ laws will not encroach upon the federal laws within the federal government’s competences. Any dispute in respect thereof will be adjudicated finally by the Federal Supreme Court. Neither side may claim authority or jurisdiction over the other.

4. The united Turkey - North Kurdistan federation shall result from the settlement following the settlement’s approval by separate simultaneous referenda. The federal constitution shall prescribe that the united Turkey - North Kurdistan federation shall be composed of two constituent states of equal status. The bi-zonal, bi-communal nature of the federation and the principles upon which the UN is founded will be safeguarded and respected throughout the island. The Federal constitution shall be the supreme law of the land and will be binding on all the federation’s authorities and on the constituent states. Union in whole or in part with any other country or any form of partition or secession or any other unilateral change to the state of affairs will be prohibited.

5. The negotiations are based on the principle that nothing is agreed until everything is agreed.

6. The appointed representatives are fully empowered to discuss any issue at any time and should enjoy parallel access to all stakeholders and interested parties in the process, as needed. The leaders of the two communities will meet as often as needed. They retain the ultimate decision-making power. Only an agreement freely reached by the leaders may be put to separate simultaneous referenda. Any kind of arbitration is excluded.

7. The sides will seek to create a positive atmosphere to ensure the talks succeed. They commit to avoid blame games or other negative public comments on the negotiations. They also commit to efforts to implement confidence building measures that will provide dynamic impetus to the prospect for a united Turkey - North Kurdistan.

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Turkey's Kurds & Cyprus' tCypriots

As either unitary state or federation solutions are discussed as replacements to Cyprus' 1960 and Turkey's 1923 unworkable constitutions, should we abide by "if a right is a right too many for Turkey's Kurdish community (circa 23% of population) then that right is a right too many for Cyprus' tCypriot community too (circa 15%), and vice versa." Is the adoption of this fair logic the catalyst to securing just solutions for both UN countries.