by denizaksulu » Thu Dec 18, 2008 11:59 am
Is this ok Oracle?
REPORT OF THE OFFICE OF THE UNITED NATIONS
HIGH COMMISSIONER FOR HUMAN RIGHTS ON THE QUESTION OF
HUMAN RIGHTS IN CYPRUS
I. Overview
1. As at December 2007, Cyprus remained divided, with a buffer zone maintained
by the United Nations Peacekeeping Force in Cyprus (UNFICYP). The UNFICYP
mandate, which dates back to 1964, has been extended by successive Security Council
resolutions. By its resolution 1789 (2007), the Council extended the mandate for a
further period ending 15 June 2008.
II. Human rights concerns
2. The persisting division of Cyprus has consequences in relation to a number of
human rights issues on the whole island, including freedom of movement, human
trafficking activities, discrimination, property rights, human rights pertaining to the
question of missing persons, the right to education, economic rights and freedom of
religion.
3. With regard to freedom of movement, Cypriots on both sides continued to use the
crossing points for various activities, including trade, religious and bicommunal events,
without major incidents. UNFICYP has recorded approximately 14 million crossings
since the opening of the crossing points on 23 April 2003.1
1
4. No agreement was reached on the opening of additional crossing points. While
both sides proposed further openings across the buffer zone, including Ledra street,
lack of trust between the communities continued to pose a problem. Both leaders
recently presented confidence-building proposals, which attached priority to the
opening of Ledra street and also their respective approaches on the opening of a
crossing in the western part of the buffer zone.
5. Restrictions on the freedom of movement persist, in particular with regard to the
military zones in the northern part of the island. Since the previous reporting period,
there has been no positive change with regard to increased access to a number of
villages located in these zones, including the Maronite villages of Ayia Marina and
Asomatos.
6. In general, there has been a greater appreciation for the work of bicommunal
groups to promote collaboration between the two sides and for the bicommunal
contacts made by civil society organizations. The institutional environment in the
Republic of Cyprus, however, continues to pose constraints on the functioning of these
1 The figure does not include crossings in Pergamos since 1 September 2006, when the Turkish Cypriot side
discontinued sharing statistics on the movement of people at that crossing.
A/HRC/7/46
page 4
organizations, which has had particularly negative consequences for advocacy and
human rights groups. Examples include administrative delays in processing
applications for the registration of non-governmental organizations and in effecting
modifications to their status, and a lack of clear criteria for obtaining charitable or tax
status. It is encouraging that the Government of the Republic of Cyprus is reviewing
the situation to ensure that the rights and responsibilities of civil society organizations
are better defined and understood in Cyprus. Meanwhile, consultations are understood
to be ongoing in the Turkish Cypriot community to promote a more enabling
environment for Turkish Cypriot non-governmental organizations.
7. No further progress was reported in bringing the two sides together on issues
related to law enforcement. Although encouraged by reports concerning the arrest of
persons involved in human trafficking, the Secretary-General has called for greater
cooperation between the two sides on this matter.2
2
8. The Turkish Cypriot community in Limassol continues to make complaints of
discrimination principally related to the lack of social services and adequate housing
and the difficulty in obtaining identity documents. The Municipality of Limassol has
opened a bicommunal social centre to address some of these concerns. Although there
have been some notable improvements in the availability of official documents and
forms of the Republic of Cyprus in the Turkish language, the majority remain in Greek
only.3
3
9. Property continues to be an extremely sensitive issue on both sides, increasingly
characterized by cases of litigations, with the situation in Varosha remaining
unchanged. Hundreds of Greek Cypriot claims against Turkey for loss of property
rights in the north are still pending before the European Court of Human Rights. The
Court has in several cases concluded a continuing violation of property rights of
displaced persons, stating that these persons have remained legal owners in the north.
The pilot case dealing with this issue, Xenides-Arestis, became final on 23 May 2007,
when the appeal by both parties to take the case to the Grand Chamber was refused by
the Court. Noting with concern the reticence of the Turkish authorities to pay the
amount awarded in respect of pecuniary damage, the Committee of Ministers of the
Council of Europe once again stressed that, in any event, and without prejudice to
further clarifications, the amounts awarded by the court were due.4 In an earlier
meeting, noting the information provided by the Turkish authorities on the functioning
2 Report of the Secretary-General on the United Nations Operation in Cyprus (S/2007/328), para. 38.
Report of the Secretary-General on the United Nations Operation in Cyprus (S/2007/328), para. 38.3 Examples of documents available in Turkish include the oath of citizenship in the Republic of Cyprus, which one
must make in order to receive an identity card and the official form for the adoption of children. Also, both the
Koran and the Bible are now on hand in all district courts in the Republic of Cyprus.
4 Council of Europe Committee of Ministers, Ministers’ Deputies Decisions, 1013th (DH) meeting, 3-5 December
2007.
A/HRC/7/46
page 5
of the Immovable Property Commission established in the north of Cyprus, the
Committee asked to be kept informed on this subject.5
510. In the case of Loizidou v. Turkey (1996), in which the European Court of Human
Rights found that Ms. Loizidou had been continuously denied access to her property
situated in the north of Cyprus and consequently lost control thereof, the Committee of
Ministers welcomed the fact that an offer had been made to the applicant by the
Turkish authorities concerning the property in question. Taking note of the response by
the applicant on the merits of that offer, the Turkish authorities were invited to respond
without undue delay and to keep the Committee informed of any developments in this
context.4 On the issue of the enclaved persons, and in the context of the Cyprus v.Turkey (2001) case, the Committee of Ministers noted at their 1007th meeting (October
2007) that an unjustified interference in the property rights of these persons still
subsisted. Taking note of information subsequently provided by the Turkish authorities,
the Committee remarked that several issues relating to the regulation of these property
rights and available remedies needed to be clarified, inviting the Turkish authorities to
provide further information on these issues.4
411. In the case of Orams-Apostolides, upon examining the appeal lodged by Mr.
Meletis Apostolides against the judgement of the High Court dated 6 September 2006,
which held that the judgement of the District Court of Nicosia could not be enforced in
England, the Court of Appeal of England and Wales decided, on 13 September 2007,
to refer a number of questions to the European Court of Justice for a preliminary
ruling.
12. Considering the need to ensure respect of ownership rights, also in cases where
properties remain unoccupied, reports regarding the ongoing demolition of Greek
Cypriot houses in the Karpas, including residences of those who had indicated their
desire to return permanently, are alarming.6 In his report of 4 June 2007, the Secretary-
General noted that the trend towards increased construction on the Turkish Cypriot side
continues to be a cause for concern, as it may complicate efforts towards a
comprehensive settlement (S/2007/328, para. 28).
13. Concerning Turkish Cypriot property south of the buffer zone, the applicable
law continues to stipulate that Turkish Cypriots are obliged to reside for six months in
the south prior to reclaiming any abandoned property, either by return or
compensation. Concerns continue to be received in respect of restrictions imposed on
Greek Cypriots by the Turkish Cypriot side in bequeathing their property to their heirs.
14. The Committee on Missing Persons continued to work on its project on the
exhumation and identification of the remains of missing persons, which it considers an
integral part of the investigation process. It will resume further investigations into the
5 Council of Europe Committee of Ministers, Ministers’ Deputies Decisions, 1007th (DH) meeting, 15-17 October
2007.
6 Report of the Secretary-General on the United Nations operation in Cyprus (S/2007/699), para. 25.
Report of the Secretary-General on the United Nations operation in Cyprus (S/2007/699), para. 25.
A/HRC/7/46
page 6
fate of the missing persons as soon as it is in a position to do so. In its resolution 1758
(2007), reiterating its call to the parties to assess and address the humanitarian issue of
missing persons with due urgency and seriousness, the Security Council welcomed the
progress and continuation of the important activities of the Committee on Missing
Persons.
15. As at December 2007, the remains of over 350 individuals had been exhumed
from sites on both sides of the buffer zone. Over 250 remains have undergone
examination at the Committee’s bicommunal anthropological laboratory in the United
Nations Protected Area in Nicosia. During July and August, following genetic analysis,
the first sets of identifications were concluded. As a result, 57 families received the
remains of their missing relatives (S/2007/699, para. 35).
16. In relation to Cyprus v. Turkey, the Committee of Ministers noted with
satisfaction the progress achieved by the Committee on Missing Persons, and, in
particular, the first returns to the families of the remains of their relatives. It has also
invited the Turkish authorities to provide additional information on certain data which
the families can obtain when the remains of their relatives are returned. The Committee
reiterated, however, its repeated invitation to the Turkish authorities to provide
information on the additional measures required to ensure the effective investigations
needed for the full execution of the Court’s judgement.7
7
17. In relation to the right to education of Greek Cypriots living in the north, the
Committee of Ministers of the Council of Europe welcomed the continued functioning
of the secondary school in Rizokarpasso, as well as the fact that, since September 2005,
full secondary education for Greek Cypriot children is ensured. The Committee also
noted that censorship of schoolbooks no longer takes place, having been replaced by a
simple screening procedure which only results in a report containing
recommendations.8
8
18. Regarding the revision of history books, and in the context of Council of Europe
recommendation (2001) 15 on history teaching in twenty first-century Europe, history
books of the Republic of Cyprus have yet to be revised in accordance with the
principles therein. In February 2007, the Minister for Education of the Republic of
Cyprus decided to appoint a committee to revise history books on Cyprus used in the
Greek Cypriot educational system, a process still to be completed. Significant changes
were reported to have been made to Turkish Cypriot schoolbooks, on the whole
7 Council of Europe Committee of Ministers, Ministers’ Deputies Decisions, 1007th (DH) meeting, 15-17 October 2007 and Council of Europe Committee of Ministers, Ministers’ Deputies Decisions, 1013th (DH) meeting, 3-5
December 2007.
8 Interim resolution CM/ResDH (2007) 25 concerning the judgement of the European Court of Human Rights of 10
May 2001 on the case of Cyprus against Turkey. In that interim resolution, it is decided to close the examination of
the issues relating to the violations found under Article 2 Protocol 1 and Article 10 of the European Convention on
Human Rights.
A/HRC/7/46
page 7
representing a positive move away from the old model, though some general
weaknesses remained.9
9
19. Despite being regarded as citizens of the European Union and therefore in
principle entitled to participate in European Union exchange and educational
programmes, Turkish Cypriot students continue to be confronted with lack of access to
these programmes owing to the non-recognition by the Republic of Cyprus of the
universities in the north. While the participation of a very small number of Turkish
Cypriots in the European Union Youth Programme has been facilitated by the Cypriot
National Youth Agency, this is not the case for the Socrates and Leonardo da Vinci
programmes. The European Commission has yet to receive a final reply from the
Government of the Republic of Cyprus on the issue of eligibility of Turkish Cypriots to
take part in the Erasmus programme, and has on several occasions unsuccessfully
urged the Government to take on a more flexible approach to the issue of participation
of Turkish Cypriots in this programme.10
10
20. Although full membership by northern Cyprus of the Bologna Process was
rejected at the ministerial summit on the Bologna Process in May 2007, the creation of
a European higher education area by 2010 implies that diplomas or studies from the
north may nevertheless be considered in the future.
21. A Turkish-language primary school in Limassol is still not operational. The
formal proceedings of a lawsuit filed by the Cyprus Turkish Teachers Trade Union at
the Supreme Court of the Republic of Cyprus to guarantee the right of Turkish Cypriots
to an education in their mother tongue are ongoing. The latest hearing, on 6 December
2007, was adjourned to 31 January 2008. In the meantime, over 60 Turkish-speaking
children in Limassol attend the existing Greek Cypriot school, which provides Turkishlanguage
instruction (S/2007/699, para. 26).
22. With regard to freedom of movement and worship, UNFICYP continued to
facilitate religious and commemorative events in the buffer zone on both sides of the
island.11 A second priest has been installed in the Karpas region in the north, which has
been a standing demand of the Greek Cypriot community in the Karpas region for
several years. He was sent by the Greek Cypriot Orthodox Church and permission was
granted by the Turkish Cypriot authorities.
9 Information received from the PRIO Cyprus Centre in the context of research conducted on the Comparison of Schoolbooks on the “History of Cyprus”; CoE CM Recommendation (2001) 15 on
History teaching in 21st century Europe adopted by the Committee of Ministers on 31 October 2001.
adopted by the Committee of Ministers on 31 October 2001.10 The European Union Youth programme consists of youth exchanges, European Voluntary service and
accompanying measures. Both part of the European Union Lifelong Learning Programme, the Leonardo da Vinci
programme focuses on the teaching and training needs of those involved in vocational education and training, whilst
the Erasmus programme supports the academic mobility of higher education students and teachers.
11 Reports of the Secretary-General on the United Nations Operation in Cyprus (S/2007/328, para. 30 and
S/2007/699, para. 31).
A/HRC/7/46
page 8
23. Difficulties persist in finding an agreement on issues involving religious sites and
buildings. Following a meeting on 21 February 2007 between H.E. Chrysostomos II,
Archbishop of Nova Justina and All Cyprus and Ahmet Yönlüer, the head of religious
affairs in the north, where mutual commitment was expressed to take practical steps to
promote respect and efforts towards restoration of sites of religious significance of the
other community, the Special Representative of the Secretary-General engaged with the
two sides to establish lists of sites of religious significance to the other community
which were in need of restoration and repair. Regrettably, the Secretary-General noted
that those efforts had failed to yield concrete results (S/2007/699, para.30).
24. In southern Nicosia Central Prison, Turkish Cypriot prisoners alleged to have
been subject to collective punishment following the attempted breakout of two Turkish
Cypriot prisoners in May 2007. Pending an independent investigation by the Cyprus
Police, all Turkish Cypriot prisoners in the open prison regime were transferred back to
the higher security regime on the grounds of potential involvement in the attempted
escape. Three out of five prisoners have since been returned to the open prison regime.
25. In the area of economic rights, a positive development was the start of the
implementation of the European Council regulation of February 2006, establishing an
instrument of financial support for encouraging economic development in the northern
part of the island, where overall economic opportunities remain comparatively limited.
Its implementation, however, has faced challenges owing to the difficulty in ensuring
cooperation between the two communities.12
III. CONCLUSION
26. The persisting de facto partition of the island of Cyprus continues to constitute
an obstacle to the enjoyment of human rights. The situation of human rights in
Cyprus would therefore greatly benefit from the achievement of a comprehensive
settlement of the Cyprus problem.
- - - - -
12 Annual report 2006-2007 on the implementation of Community assistance under Council Regulation (EC) No
389/2006 of 27 February 2006 establishing an instrument of financial support for encouraging the economic
development of the Turkish Cypriot Community, Communication from the Commission to the European Parliament
and the Council, Brussels, 18.09.2007, COM (2007) 536 final.
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