Credibility of politics and politicians

THE credibility of the political system, politics and politicians, is once again questioned by the citizens and Cyprus is exposed to the Council of Europe in view of the evaluation of Cyprus on 29 and 30 March 2021 regarding its compliance with the European Charter of Local Self-Government and the recommendations 389 (2016) of the Congress of Local and Regional Authorities. Five years ago, when the evaluation took place, the situation was the same as it is today, Cyprus is again shortly before the parliamentary elections and the reform of the local government hasn’t proceeded. This is commonly known to all the citizens who watch what is happening. The necessary will and coordination between the Government, the House of Representatives through the political parties and the local Authorities is absent, despite the progress that has admittedly been achieved. Significant and long-term work preceded, studies were conducted, consultations were made, the three bills for the reform of local self-government were drafted and discussed in the Parliamentary Committee on Internal Affairs. The Government submitted a proposal to hold a Pancyprian referendum simultaneously with the parliamentary elections, whether the citizens agree with the proposed reform and the suggested merges for the creation of 17 new municipalities.

The participation of citizens in the process for the implementation of the reform is necessary, since the issue concerns and influences them and is part of local democracy. According to article 12 of the Municipalities Law, the municipal council’s term is five years and begins on January 1st following the election and ends on December 31st of the fifth year after the election year (article 20). Therefore, it ends on December 31st this year and constitutionally it is legal only through elections to have a council renewal, whose term can be legally limited and end in 2024 to elect the new council based on the reform simultaneously with the European elections. In addition, article 20 provides that the first general elections shall be held within six months from the entry into force of the law and that each by-election shall be held for a term equal to the remainder of the term of the current council (article 19(2)). The period between the end of the term of the present council and the European elections is more than one year and it is not legally permissible to extend the term of the present council without elections.

Irrespective of the decision of the Parliament on the Government’s proposal for a Pancyprian referendum, the European Charter of Local Self-Government in article 3(1) states that local self-government denotes the right and the ability of local authorities, within the limits of the law, to regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population. Article 3(2) provides that this right shall be exercised by councils or assemblies composed of members freely elected by secret ballot on the basis of direct, equal, universal suffrage, and which may possess executive organs responsible to them. This provision shall in no way affect recourse to assemblies of citizens, referendums or any other form of direct citizen participation where it is permitted by statute. Article 5 provides for the protection of local authority boundaries, stating that changes in local authority boundaries shall not be made without prior consultation of the local communities concerned, possibly by means of a referendum where this is permitted by statute. It is evident that the opinion of the citizens is required, since the proposed reform affects the territorial boundaries of their own local authorities; therefore, their will can only be expressed through the conduct of local referendums.

Citizens expected that all the stakeholders, the Government, the political parties and local authorities would have already implemented the reform, meeting the expectations of the local population, as well as those of the Council of Europe that the recommendations of the Congress had been implemented. Cyprus as a Member State of the Council of Europe ratified the European Charter of Local Self-Government by Law 27/1988 and it is bound by its provisions. Solutions to the remaining pending issues can be found through proper consultation, as suggested by the Minister of Interior in his explanatory note dated 12.3.2020, in which special reference is made to Larnaca and Famagusta. There are alternative scenarios that could be adopted, taking into account people’s will as it will be expressed in local referendums, in application of the relevant provisions of the European Charter.