by zan » Fri Jan 30, 2009 1:43 pm
Ombudswoman slams bigotry at passport control
By Jacqueline Theodoulou
THIRD COUNTRY nationals are being subjected to humiliating and discriminatory behaviour by authorities on their arrival at Larnaca Airport, a report by the Ombudswoman has pointed out.
Some are even asked about their sexual orientation, Eliana Nicolaou’s investigation into the matter has shown and she says this is completely unacceptable and in violation of the law. She has also noted that women from third countries are treated with the added degradation of sexual discrimination.
Nicolaou yesterday called for objective criteria during the checks that third country nationals are subjected to on their arrival in Cyprus at the House Institutions Committee.
Nicolaou said she had received specific complaints against policemen of the Aliens and Migration Service.
“My office has received a large number of complaints from third country nationals, who had already secured entry visas from the Republic’s consular authorities in their countries,” the Ombudswoman explained.
The majority of cases she examined, Nicolaou added, the plaintiffs had to return to their countries as they hadn’t been accepted by Cyprus’ authorities.
Nicolaou said there were cracks and problems in the criteria used during these checks, both in the way they were carried out and the justifications that were offered for turning someone away.
“As a rule, the majority of decisions remain unsubstantiated and the plaintiff almost never knows the reason for which he was denied entry into the Republic,” said Nicolaou.
“Furthermore, the way these checks are carried out – at least in the cases that we have examined – there is a xenophobic disposition and possible racist behaviour,” she added.
“There is a lack of respect of a person’s dignity and fundamental human rights, and of course, we are provoking the feeling that we are using biases and discrimination against others.”
The Ombudswoman’s report concludes with a series of suggestions, mainly indicating the need for legal amendments and a change in the regulations used by the Aliens and Migration Service.
She also includes a reminder that Cyprus has signed the Schengen Treaty, which regulates all movements in EU member states’ borders.
“Despite the fact that the necessary procedures haven’t been followed yet in Cyprus, our country is still bound by this Treaty informally and all this needs to be evaluated under this status quo,” Nicolaou explained.
“Furthermore, we need specific criteria, meaning it is not left to the subjective judgement of the relevant authorities and in this framework, we suggest an alteration of regulation 92 of the Migration law, so that it is in compliance with the Schengen Treaty and its principles,” she said, adding that this would be accompanied by a good training programme for the Service’s employees.
“They need to treat these people with respect and especially those who secured a visa to enter the Republic.”
Nicolaou used the “obvious prejudice against women” as an example of unacceptable behaviour.
“These women arrive in Cyprus and are usually denied entry because [the authorities] believe they are here to participate in a fake marriage,” she pointed out. “I would like to inform you that the employees there have no authority to check whether a marriage is fake or not and especially in a precautionary manner; there is discrimination and it is not just racist but also sexual.”
The Ombudswoman concluded, “We are requesting the preparation of specific criteria, objective criteria, based on the Schengen Treaty, and we want co-operation between the migratory and consular authorities, so that migrants are aware beforehand of what documents they will need to present on their arrival in Cyprus”.
Asked to comment on the matter, Committee Chairman Rikkos Erotokritou of EVROKO said third country nationals should be treated with composure and specific criteria, based on the laws on regulations.
“Nobody has the right to humiliate anyone,” said Erotokritou. “Nobody has the right to label any man or woman without previously examining the conditions.”
He added, “Legislation provides that questions and specifications need to be made very carefully. They need to be made with total respect towards the dignity and personality of a person that is being investigated and it is strictly banned to treat anyone in the Republic with humiliating and downgrading behaviour.”
UNDER SCRUTINY: CASES HIGHLIGHTED BY THE OMBUDSWOMAN
l A Ukrainian woman who secured an entry visa from the Cyprus Consulate in Kiev to come to Cyprus and marry her Greek Cypriot boyfriend was asked by Larnaca Airport’s Alien and Migration Service to explain the reason for her visit and the age of her boyfriend. When she explained she had arrived to marry him, she was told: “Marry your old man in the Ukraine”. She was denied entry to the island and was refused the opportunity to alert her boyfriend who was waiting for her in the arrivals area.
l A Greek Cypriot man filed a complaint saying he had been expecting the arrival of a woman from Belarus, who had obtained an entry visa to Cyprus from the Cyprus Consulate in Minsk. At the passport control she said she was in Cyprus on holiday and presented her return ticket, prepaid hotel receipt and $50. But when the policemen realised she would be staying with a Greek Cypriot man, they asked him to come in for questioning. After seeing his ID card, they told him mockingly: “She’s too young for you, does your mother know about this?”
The woman was denied entry and had to return to her country.
Copyright © Cyprus Mail 2009
