CYPRUS

Special Decisions or Action taken Re: Reporting, Including Urgent Action Procedure

CERD A/8418

Annex V

Text of communication sent to 17 states parties under article 9 of the convention adopted at the third session of the committee on 23 April 1971

At its third session, the Committee on the Elimination of Racial Discrimination, in discharge of its responsibilities under article 9, paragraph 2, of the International Convention on the Elimination of All Forms of Racial Discrimination, continued its consideration of the reports submitted by States Parties in accordance with paragraph 1 of that article.

It may be recalled that the Committee on the Elimination of Racial Discrimination is called upon, under article 9, paragraph 2, of the Convention, to submit annual reports to the General Assembly on its activities and to make suggestions and general recommendations based on the examination of reports and information received from the States Parties to the Convention.

In its communication adopted at its first session on 28 January 1970 CERD/C/R.12 contained in A/8027, annex III A) and transmitted to the States Parties in a note verbale by the Secretary-General on 27 February 1970, a copy of which is forwarded herewith, the Committee has laid down the type of information which it would expect to receive in pursuance of the provisions of article 9 of the Convention.

At its second session, on 16 September 1970, the Committee adopted a communication (A/8027, annex III B) addressed to States Parties whose reports under article 9 had been received, requesting them to compare the reports they had submitted with the communication adopted at the first session (CERD/C/R.12) and to furnish the Committee with information on those points which their reports did not cover. This communication was transmitted to the States Parties concerned by the Secretary-General in a note verbale dated 13 October 1970.

The Committee would appreciate it if the Government of [Cyprus] would once again compare the information it has submitted with the communication adopted at the first session of the Committee and to furnish the Committee with all pertinent information by 15 July 1971. In this connection, attention is drawn to the summary records of the [41 - 58] meetings of the third session of the Committee (CERD/C/SR.[41-58]), at which it discussed the report already submitted by [Cyprus].

The summary records referred to above will be forwarded by the Secretary-General as soon as they are available in final form.

CERD A/10018

VII. DECISIONS ADOPTED BY THE COMMITTEE AT ITS ELEVENTH AND TWELFTH SESSIONS

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3 (XI). Information supplied by Cyprus relating to conditions in Cyprus 29/

The Committee on the Elimination of Racial Discrimination,

Having considered the information provided by the representative of Cyprus at the 234^th meeting of the Committee, on 8 April 1975, to the effect that the Government of Cyprus is being prevented from fulfilling its obligations under the Convention in a part of its territory and that racial discrimination is being practised therein,

1. Expresses its concern at the information laid before the Committee and its hope for a speedy normalization of conditions in Cyprus;

2. Invites the Government of Cyprus to provide it with such additional information as may be available to it for consideration by the Committee at its twelfth session.

...

1 (XII). Information supplied by Cyprus relating to conditions in Cyprus 31/

The Committee on the Elimination of Racial Discrimination,

Taking note of the supplementary report submitted by the Government of Cyprus in response to Committee decision 3 (XI) of 8 April 1975, and of the additional information supplied by the representative of Cyprus at the 251^st meeting of the Committee, on 6 August 1975,

Taking note also of the progress achieved so far in three rounds of talks between the communities directly concerned, and of their decision to hold a fourth round of talks in the near future,

1. Expresses once more the concern it voiced in its decision 3 (XI);

2. Expresses the earnest hope that the progress achieved so far will continue; that the resolutions unanimously adopted by the competent organs of the United Nations will be implemented; and that

a speedy normalization of conditions in Cyprus will be effected, so that all refugees and other human beings in Cyprus suffering hardships because of their racial or ethnic origin will be enabled to enjoy

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            29/ Adopted at the 235^th meeting, on 8 April 1975 (see chap. IV, sect. B, para. 88).

            31/ Adopted at the 251^st meeting, on 6 August 1975 (see chap. IV, sect. B, para. 90).

their fundamental human rights without discrimination.

CERD A/32/18

CHAPTER III. DECISIONS ADOPTED BY THE COMMITTEE AT ITS FIFTEENTH AND SIXTEENTH SESSIONS

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3 (XVI). Information supplied by Cyprus relating to conditions in Cyprus 29/

The Committee on the Elimination of Racial Discrimination,

Taking note, of the information supplied by the representative of Cyprus at the 351^st meeting of the Committee, held on 8 August 1977, in so far as it relates to the problem of racial discrimination,

1. Notes that a State party to the International Convention on the Elimination of All Forms of Racial Discrimination has informed the Committee that it has been prevented from fulfilling its obligations under this Convention in a part of its territory, and expresses its grave concern at this unacceptable state of affairs;

2. Expresses again its hope that the relevant resolutions adopted by the competent organs of the United Nations will be implemented; that a speedy normalization of conditions in Cyprus will be effected, so that all refugees and other human beings in Cyprus suffering hardships because of their racial or ethnic origin will be enabled to enjoy fully their fundamental human rights without discrimination; and that the Government of Cyprus will be enabled to exercise its full responsibility for the implementation of all its obligations under the Convention on its whole national territory;

3. Expresses the hope that the General Assembly of the United Nations will ensure that no change in the area, including change in the demographic composition, which has the effect of establishing racial discrimination is brought about;

4. Expresses its readiness to consider at any of its future sessions any additional information concerning the conditions in Cyprus which the Government of Cyprus may wish to submit.

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            29/ See chap. IV, paras. 321-323

CHAPTER IV. CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION.

321. A statement by the representative of Cyprus was made before the Committee at its 351^st meeting, held on 8 August 1977, in accordance with a decision taken by the Committee at its 342^nd meeting, held on 2 August 1977. The statement gave additional information on the situation in Cyprus and concluded with a request for appropriate action to be taken by the Committee.

322. At its 351^st meeting, held on 8 August 1977, the Committee considered three proposals: that it take note of the information laid before it by the representative of Cyprus and defer further action until the seventeenth session, when it would have before it the fifth periodic report of Cyprus; that it include in the body of its annual report to the General Assembly a statement, perhaps in the form of a summary by the Chairman, expressing its concern and its hopes regarding the situation in Cyprus; and that it take a formal decision regarding the information laid before it by the representative of Cyprus. It decided on the third course of action and agreed to a proposal by the Chairman to ask the Rapporteur to prepare the text of a draft decision, taking into account the views expressed at that meeting as well as previous decisions of the Committee.

323. At its 352^nd and 353^rd meeting, held on 9 August 1977, the Committee considered the text submitted by its Rapporteur and several proposed amendments. The 353^rd meeting was suspended briefly for consultations among the proponents or the various amendments. The revised text submitted to the Committee after the resumption of its 353^rd meeting was adopted by consensus. The text adopted by the Committee appears in chapter VIII, section B, decision 3 (XVI).

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            15/ For the action taken by the Committee at its sixteenth session, in pursuance of this decision, see chap. III.

CERD A/33/18

X. DECISIONS ADOPTED BY THE COMMITTEE AT ITS SEVENTEENTH AND EIGHTEENTH SESSIONS

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1 (XVIII). Information supplied by Cyprus relating to conditions in Cyprus 27/

The Committee on the Elimination of Racial Discrimination,

Having expressed, in its decision 3 (XVI) of 9 August 1977, its grave concern at the fact that Cyprus, a State party to the International Convention on the Elimination of All Forms of Racial Discrimination, was being prevented from fulfilling its obligations under that Convention in a part of its territory,

Taking note, on the basis of the fifth periodic report of Cyprus, that the hopes expressed on that occasion that a speedy normalization of conditions in Cyprus will be effected, and that refugees and other persons in Cyprus will be enabled to enjoy fully their fundamental human rights without discrimination, have not been fulfilled,

Alarmed by the fact that changes in the demographic composition of the population, which exclude a considerable part of the population from the enjoyment of their legitimate rights, have been brought and are continuing,

Bearing in mind the fact that the competence and concern of the Committee are determined exclusively by the provisions of the Convention,

1. Reiterates its expectation and hope that the Government of Cyprus will soon be enabled to exercise its full responsibility for the implementation of all the unacceptable state of affairs in Cyprus will soon be brought to an end;

2. Expresses once again its concern and its hope that the General Assembly and other competent organs of the United Nations will take immediately and appropriate measures with a view to putting an end to the conditions referred to in the foregoing paragraphs.

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            27/ See chap. IV, section B, paras. 347-359 above.

CERD A/35/18

CHAPTER VIII

DECISION ADOPTED BY THE COMMITTEE AT ITS TWENTY-FIRST SESSION

1. (XXI). Information supplied by Cyprus relating to conditions in Cyprus 21/

The Committee on the Elimination of Racial Discrimination,

Having expressed, in its decision 1 (XVIII) of 3 August 1978, its grave concern at the fact that Cyprus, a State party to the International Convention on the Elimination of All Forms of Racial Discrimination, was being prevented from fulfilling its obligations under that Convention in a part of its territory,

Noting, on the basis of the sixth periodic report of Cyprus, that the hopes expressed on that occasion that a speedy normalization of conditions in Cyprus would be effected, and that refugees and other persons in Cyprus would be enabled to enjoy fully their fundamental human rights without discrimination, have again not been fulfilled,

Alarmed by the fact that changes in the demographic composition of the population on the part of the territory which is not under the control of the Government of Cyprus, which exclude a considerable part of the population from the enjoyment of their legitimate rights, have been brought about and are continuing,

Bearing in mind the fact that the competence and concern of the Committee are determined exclusively by the provisions of the Convention,

1. Reiterates its expectation and hope that the Government of Cyprus will soon be enabled to exercise its full responsibility for the implementation of all its obligations under the Convention on its whole national territory and that the unacceptable state of affairs in Cyprus will finally be brought to an end;

2. Expresses once again its concern and its hope that the measures taken by the General Assembly and other appropriate bodies of the United Nations with a view to putting an end to the conditions referred to in the foregoing paragraphs shall be successful.

473^rd meeting

8 April 1990

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            21/ See chap. IV, paras. 233-245.

CERD A/38/18

VIII. DECISION ADOPTED BY THE COMMITTEE AT ITS TWENTY-SEVENTH SESSION

1 (XXVII). Information supplied by Cyprus relating to conditions in Cyprus 15/

The Committee on the Elimination of Racial Discrimination,

Having expressed, in its decision 1 (XXI) of 8 April 1980, its grave concern at the fact that Cyprus, a State party to the International Convention on the Elimination of All Forms of Racial Discrimination, was being prevented from fulfilling its obligations under that Convention in a part of its territory,

Noting, on the basis of the seventh periodic report of Cyprus, that the hopes expressed on that occasion that a speedy normalization of conditions in Cyprus would be effected, and that refugees and other persons in Cyprus would be enabled to enjoy fully their fundamental human rights without discrimination, have again not been fulfilled,

Alarmed by the fact that changes in the demographic composition of the population on the part of the territory which is not under the control of the Government of Cyprus, which exclude a considerable part of the population from the enjoyment of their legitimate rights, have been brought about and are continuing,

Bearing in mind the fact that the Committee is exclusively competent in those matters of international law which are covered by the International Convention on the Elimination of All Forms of Racial Discrimination,

1. Reiterates it expectation and hope that the Government of Cyprus will, without further delay, be enabled to exercise its full responsibility for the implementation of all its obligations under the Convention on its whole national territory, and that the unacceptable state of affairs in Cyprus, due to the foreign occupation of part of its territory, will finally be brought to an end,

2. Expresses once again its grave concern and its earnest hope that the General Assembly and other appropriate bodies of the United Nations will take, in accordance with the Charter of the United Nations, the measures required for the implementation of their relevant resolutions and decisions with a view to putting an end to the conditions referred to in the foregoing paragraphs.

618^th meeting

21 March 1983

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            15/ See paras. 95 and 96 above.

CERD A/51/18

II. PREVENTION OF RACIAL DISCRIMINATION, INCLUDING EARLY WARNING AND URGENT PROCEDURES

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B. Decisions adopted by the Committee at its forty-ninth session

...

Decision 2 (49) on Cyprus

The Committee on the Elimination of Racial Discrimination,

Reiterating its statement made at its forty-sixth session where it emphasized the international community's continued concern about the Cyprus problem and the violation of the human rights of individuals and persons by virtue of their belonging to ethnic groups and communities in Cyprus.

Further reiterating and reemphasizing its concerns expressed in its Decision 1(XXVII) of 21 March 1983 as well as in its earlier Decisions.

Reaffirming the importance of achieving progress in resolving the situation in Cyprus so that freedom of movement and other human rights and freedoms will be enjoyed by all Cypriots irrespective of their ethnic origin as envisaged in article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination.

Deplores the violent clashes that took place in Cyprus during demonstrations on 11 and 14 August 1996.

Deeply regrets the killing of two unarmed Greek Cypriot young men and the injury of many other persons, including United Nations Peace Keepers, as a result of the Turkish Forces allowing Turkish armed Cypriot civilians and others to pass through the United Nations buffer zone where they clashed with the demonstrators.

Draws the attention to its General Recommendation adopted at its 49th session on refugees and displaced persons.

1183rd meeting

22 August 1996

CERD A/56/18

X. DECISIONS

481. The following decisions were adopted by the Committee at its fifty-ninth session:

Decision 1 (59) on Cyprus

The Committee on the Elimination of Racial Discrimination,

Having considered the fifteenth and sixteenth periodic reports of Cyprus under the International Convention on the Elimination of All Forms of Racial Discrimination,

Recalling the concerns expressed in its earlier decisions and concluding observations on Cyprus,

Deeply regretting that the Government of Cyprus continues to be prevented from implementing the Convention on the whole of its national territory owing to the foreign occupation of part of that territory,

1. Reaffirms the importance of putting an end to the foreign occupation of Cyprus so that all human rights and freedoms will be enjoyed by all Cypriots irrespective of their ethnic origin, as envisaged in the International Convention on the Elimination of All Forms of Racial Discrimination, in particular the rights to freedom of movement and residence and to own property throughout Cyprus;

2. Requests the United Nations Secretary-General to call the attention of the Security Council, the General Assembly and other appropriate bodies of the United Nations to this decision, in the earnest hope that they will take the measures required for the implementation of their relevant resolutions and decisions.

1483rd meeting

10 August 2001