Opinion
By Nikos Peristianis and Yucel Vural
In this article, we aim to present some initial observations from the bicommunal research program titled "Developing Common Ideas on Constitutional Issues," which is funded by the European Union.
The program's goal is to engage Greek Cypriots (GCs) and Turkish Cypriots (TCs) in reflecting on and discussing key aspects of the future Constitution of a reunified, federal Cyprus. It is based on the principle that citizen participation in the shaping of a Constitution is vital for the establishment of any modern state.
Constitutions are products of modernity – rooted in Enlightenment ideas and the rise of nation-states, where citizens or the people of a country are given a central role. Constitutions form the fundamental legal and political framework of any modern state, defining a people’s collective political vision, core values, and laws regarding the organization and operation of the state, as well as the primary rights and duties of citizens.
Historically, the first modern constitutions were created in America and France following their respective revolutions. After these pioneering documents set the foundation for those groundbreaking regimes, other countries gradually followed suit. Indeed, these "founding documents" became one of the key pillars of modern nation-states. Inevitably, every country needed to draft its own unique constitution, reflecting its specific characteristics—its historical journey, social realities, established practices, collective goals, and aspirations.
In homogeneous societies, constitution-making does not usually face insurmountable challenges. However, multinational states must make a special effort to agree on the parameters of a common constitution, as the presence of diverse founding partners makes consensus more difficult. This is perhaps why the idea has gradually taken root that, in cases where a national identity cannot serve as an adequate or sole cohesive element of a nation-state, the Constitution itself can serve this purpose. For instance, in post-World War II Germany, given the role nationalism played in the rise of Nazism, it was deemed unwise to cultivate a renewed sense of strong national identification. Hence, the concept of "constitutional patriotism" was proposed as an alternative. Some have argued that a similar approach might be suitable for the European Union, as it consists of many nations, making it impossible to cultivate a single national identity for all citizens of its member states. Finally, there are cases like Bosnia, where the Constitution was imposed on the local population by foreign experts. Due to increasing difficulties in the functioning of the multinational regime, voices are now calling for the drafting of a "people's Constitution" by the citizens themselves, which could allow for greater flexibility and adaptation to shifting social realities and power dynamics.
Cyprus, of course, faces similar dilemmas, as it struggles to find a way to bring together two distinct and "deeply divided" national communities under the same state. It is well known that the Constitution of the Republic of Cyprus, created in 1960, was written with little to no involvement of the Cypriots themselves.
Given the absence of a shared nationality, the Constitution could have been the essential axis for unity. However, since it was drafted by foreigners, the locals viewed it as an external imposition, making it impossible to form the basis for collective identification. As a result, it is not surprising that a sense of unity or community was lacking, and the state soon collapsed along ethnic-national lines. This led to the "first division" of the communities between 1964 and 1974, followed by a deeper territorial division after 1974. In 2004, the Annan Plan offered a new opportunity for the reunification of the island based on a Bizonal, Bicommunal Federation (BBF). Yet, once again, the process did not allow for meaningful involvement or contribution from Cypriots. Annan V, in particular, was drafted with very little input, even from the GC negotiators themselves. Indicatively, copies of the Constitution and all other related documents (totaling roughly one thousand pages of text) were given to the public only a few days before the referendum, leaving Cypriots with almost no time to read, much less discuss or agree upon them.
This research program aims to improve upon the experiences of the past by taking a first step toward involving Cypriots in the discussion of key aspects of the future Constitution. The goal is not to draft a constitutional document, but to explore ideas for addressing thorny issues related to the future Constitution and to encourage Cypriots to reflect on these difficult matters so they can form their own proposals on how to tackle them. Of course, this is not an easy process, but recognizing the challenges is part of the overall effort.
The findings of the program will be presented to political leadership, political parties, NGOs focused on the Cyprus problem, the media, and the general public.
The research program is funded by the European Union. The content of this article is the sole responsibility of Cyprus Academic Dialogue and Y. Vural and does not necessarily reflect the views of the European Union.
Nikos Peristianis and Yucel Vural are the program coordinators.
[This article was translated from its Greek original]
