State Reports - CERD - Cyprus - CERD/C/299/Add.19 (1997)

Fourteenth periodic report of States parties due in 1996 : Cyprus. 15/10/97.

REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 9
OF THE CONVENTION

Fourteenth periodic report of States parties due in 1996

Addendum

Cyprus*

* This document contains the fourteenth periodic report, due on 4 January 1996. For the eleventh, twelfth and thirteenth periodic reports of Cyprus, submitted in one document, and the summary records of the meetings at which the Committee considered that report, see CERD/C/263/Add.1 and CERD/C/SR.1077, 1078.

The information submitted by Cyprus in accordance with the consolidated guidelines for the initial part of the reports of States parties is contained in the basic document HRI/CORE/1/Add.28.

		Paragraphs
Introduction		1 - 3
I.	IMPLEMENTATION OF ARTICLES 2-7 OF THE CONVENTION	4 - 65
II.	INFORMATION SOUGHT BY COMMITTEE	66 - 72
III	FACTORS AND DIFFICULTIES AFFECTING THE IMPLEMENTATION OF THE CONVENTION	73
Conclusion		74

1. The Government of the Republic of Cyprus submits to the Committee, under article 9 of the Convention its fourteenth report. In the preparation of this report due regard has been given to:

(b) The concluding observations of the Committee in considering the eleventh, twelfth and thirteenth periodic reports of Cyprus at its 1077th and 1078th meetings, held on 2 and 3 March 1995; and

2. The information which is given in part II of this report supplements the previous report, and it was intentionally avoided reiterating parts of the previous report except where it was considered necessary to do so for purposes of maintaining continuity and readability. It should be mentioned that the Government of Cyprus has ratified by law 6 (III) of 1995 the amendment to article 8 of the Convention.

3. The report was prepared by a committee chaired by the Law Commissioner of the Republic with the participation of representatives of the Attorney-General of the Republic, the Ministry of Justice and Public Order, the Ministry of Foreign Affairs, the Ministry of Interior, the Ministry of Education and Culture, the Ministry of Labour and Social Insurance, and also a representative of the Commissioner for Administration.

I. IMPLEMENTATION OF ARTICLES 2-7 OF THE CONVENTION

Article 2

4. During the period under consideration (since 18 April 1994, when the previous report was submitted) there were no reports of racial discrimination brought either before a court of law or any other tribunal or authority except certain complaints made by foreign domestic assistants to the Commissioner for Administration. Such complaints are mostly related to the terms of their employment. The complaints of the foreign domestic assistants are being investigated by the police whereas they should have been referred to the Ministry of Labour and Social Insurance, the appropriate ministry for such matters. The Commissioner for Administration urges that such complaints be investigated by the Ministry of Labour and Social Insurance.

5. In addition to what had been stated in the previous report the Republic of Cyprus does not sponsor or in any defend or support racial discrimination by any person or organization. On the contrary, the line followed with consistency, since Cyprus was invaded by Turkey in 1974, is that any solution to the Cyprus problem should maintain the unity of Cyprus as opposed to a solution which would lead to the alienation of the two communities and inevitably to discrimination.

6. The Republic of Cyprus, despite its size, in honouring its obligations under the Convention relating to the Status of Refugees has prepared a bill providing for the protection of refugees. The bill was prepared by the Law Commissioner in cooperation with the ministries involved as well as the Office of the United Nations High Commissioner for Refugees and will soon be presented to the Council of Ministers for approval. The bill has six parts entitled as follows:

7. The Ministry of Justice and Public Order has initiated the setting up of a multisectoral committee under the chairmanship of the Law Commissioner for the purpose of considering the problem of trafficking and exploitation of women and girls and recommending appropriate legal and other measures for preventing and combating the problem. The appointed members of this committee represent the Ministry of Justice and Public Order, the Ministry of Labour and Social Security, the Ministry of Interior, the Attorney-General's Office, the Police, the Migration Department and the Department of Welfare Services.

8. As has already been stated in the previous report, the legal system of Cyprus prevents and prohibits the implementation of any kind of policy and/or practice of any form of racial segregation. In addition, the Republic of Cyprus maintains in its relations with other States the same policy against apartheid and any other kind of racial discrimination.

9. As regards the undertaking of the Republic of Cyprus to prevent, prohibit and eradicate all practices of this nature in territories under its jurisdiction, it should be stressed that due to the continuing unlawful military occupation by Turkey of about 37 per cent of the territory of the Republic of Cyprus and the fact that this area continues to be sealed off by Turkish troops, the Government of the Republic of Cyprus is prevented, by the use of force, from enforcing the provisions of the Convention in the part of Cyprus occupied by Turkey.

10. The Republic of Cyprus has fully implemented all United Nations resolutions relating to South Africa.

11. There is nothing further to add to what has already been stated in the previous report except for certain clarifications given in paragraph 18.

12. In its concluding observations, the Committee, in considering the previous report, welcomed the legislation introduced with a view to enforcing the implementation of article 4 of the Convention. There is nothing more to add to what has been stated in the previous report regarding this article, except to refer to some decisions of the Commissioner for Administration, the services and functions of whom offer an extra safeguard for the rights of all people, including foreigners, against indiscretions by public officers. The following cases give an insight to the scope of the authority of the Commissioner.

13. The procedure for acquiring Cypriot citizenship by children of mixed marriages was examined by the Commissioner for Administration (Ombudsman) when investigating a complaint submitted to him by a Cypriot woman who was married to a foreigner and gave birth to two children. According to the existing system, a newly born child acquires automatically Cypriot citizenship, provided that the father is a Cypriot citizen. In case the mother is a Cypriot citizen married to a foreigner, the Minister of Interior has the discretion to grant Cypriot citizenship to the child, provided the mother submits the appropriate application. The Commissioner for Administration (Ombudsman) stated in his report, submitted to the Council of Ministers on 22 November 1993, that the present provisions contravene both the spirit of various Citizenship Laws and the provisions of article 28 of the Constitution of the Republic of Cyprus, which guarantees the legal equality of all citizens of the Republic irrespective of their sex.

14. The procedure for employment of foreign housemaids in Cyprus was investigated by the Commissioner for Administration (Ombudsman). The Commissioner submitted a relevant report to the Council of Ministers on 23 November 1994. A foreign housemaid had made a complaint alleging that her application to the Immigration Department, to change her employer was rejected after she was illegally dismissed by her employer. The Commissioner pointed out that the temporary work/residence permit for employment in Cyprus for foreign labour is approved after the Ministry of Labour and Social Insurance gives its consent. This is not the case for foreign housemaids, where approval is given directly by the Department of Immigration. In addition, in case of a dismissal of a foreign worker, the worker is given every facility to make an appeal before the existing competent organ of the Ministry of Work and Social Insurance. On the other hand, cases of dismissal of housemaids are handled by the Police Authorities which investigate whether the housemaids have abided or not by the terms of their contract of employment. The Commissioner stated that all the aforementioned constitute discrimination against the foreign housemaids who work in Cyprus and was against the letter and the spirit of the Aliens and Immigration Laws of the Republic of Cyprus and its relevant Regulations.

15. The Cyprus Government is in the process of initiating immediate measures to remedy the above situation.

16. Regarding the treatment of foreign prisoners, it may be said that apart from the constitutional provisions about the treatment of prisoners, Regulation 3 (1) of the Prisons (General) Regulations of 1981 provides, "There shall be no discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. On the other hand, it is necessary to respect the religious beliefs and moral precepts of the group to which a prisoner belongs."

17. Cyprus has also ratified the European Convention on the Transfer of Sentenced Persons with the aim of securing more humane conditions during the serving of their sentence by transferring them, if they so wish, to the country of their nationality.

18. The comments of the Committee in relation to law 11 (III) of 1992 regarding the words "intentionally", "acts or activities" and "are likely to cause discrimination" in the first paragraph as well as the word "only" in the fourth paragraph have been brought to the attention of the appropriate authorities, as well as the concern of the Committee as to the effectiveness of the protection these provisions provide against discrimination.

19. In the last two years, as a result of increased economic activity, labour shortages were experienced in almost all economic sectors. Amongst the measures taken to alleviate the problem was the adoption, in mid-1990, of a more flexible policy regarding the temporary employment of foreign workers, mainly in the sectors of tourism, construction, clothing/shoe manufacturing and agriculture.

20. The general policy and practice of the Government of the Republic of Cyprus continues to be that migrant workers and their families should enjoy treatment not less favourable than that offered to nationals in matters of employment. All labour laws and Regulations apply, in the case of migrant workers, on an equal footing with nationals. Moreover, as stated in the previous report, the Government of the Republic of Cyprus has ratified and implements fully ILO Conventions Nos. 97 and 143 as well as article 19 of the European Social Charter of the Council of Europe.

21. With a view to re-enforcing the practical application of equality of opportunity and treatment of migrant workers in respect of their terms and conditions of employment, additional control procedures were adopted recently which include:

(a) Making it mandatory for local employers applying for a work permit on behalf of a foreign worker prior to his entry to submit a contract of employment specifying all terms and conditions of employment, and scrutiny of the contract by the Ministry of Labour and Social Insurance. The latter then submits a relevant recommendation to the Ministry of Interior (Migration Department) which decides for the issue or not of the work permit; and

(b) Periodical site visits by officers of the District Employment Offices for examination of the conditions of employment of foreign workers.

22. In addition to what has been stated in the previous report, the following information is given regarding the promotion of human rights and racial equality through education in Cyprus.

23. The right to education is safeguarded by article 20 of the Cyprus Constitution and articles 86-109 which refer to the establishment and functioning of the Communal Assembly as the relevant authority, the powers of which were transferred in 1965 to the Ministry of Education.

24. The elementary education cycle, which is a six-year cycle (5½-12 years), is compulsory and free. The three-year gymnasium cycle (12-15 years) is compulsory and free.

25. The lyceum cycle offers five basic combinations of subjects. Three lyceums, on an experimental basis, offer, among other things, more possibilities of subject selection and more professional skills.

26. Technical education accepts pupils who have finished the gymnasium cycle and offers vocational and technical education.

27. The highest education is offered at Cyprus University, after entrance examinations.

28. To children with special needs, special education is offered in separate institutions while physically handicapped children are channelled into normal schools.

29. The right of establishing and operating private schools is safeguarded and, along with the public educational system, there functions a private system that covers all the stages of education.

30. Education aims at creating a free, responsible and democratic citizen with a moral, well-rounded, personality that will contribute to the general, social, economic, scientific and cultural progress of the country, to the cooperation and mutual respect among individuals and peoples, and to the defence of the principles of freedom, democracy and human rights.

31. The right to education for every individual, irrespective of his nationality or the religious group to which he belongs, is safeguarded. A certain number of pupils of other religious denominations attend public schools.

32. The right of religious groups to set up and operate their own schools is also safeguarded and such schools are financially assisted by the State. The State covers all the fees and other expenses of the Turkish Cypriot pupils who attend private schools. Details of the financial assistance is given in paragraphs 62-65.

33. Special programmes of language learning are organized for children of returning emigrants and of other nationalities. Greek and Turkish are established as the languages of the University of Cyprus.

34. The School Regulations safeguard the right of pupils to elect their councils and to be represented in various bodies of the school. The following councils function in the schools: (a) the Central Pupils' Council, for every school; (b) the District Coordinating Committee of Pupils; and (c) the Pancyprian Coordinating Committee of Pupils. The various Pupils' Councils are established by a law recently enacted.

35. The right of pupils to assert their rights by applying in writing to the relevant authority is safeguarded.

36. There is a strict prohibition of every kind of corporal punishment of pupils and strict sanctions on teachers who violate the relevant circulars.

37. The analytical programmes of all the stages of education aim, among other things, at the development of respect for all human beings and peoples, regardless of their language, race, colour or religion. They promote the spirit of tolerance, of acceptance and cooperation. They promote the equality of the two sexes, abolishing anachronistic roles of men and women (technology lessons, domestic science and child-care lessons for boys and girls).

(b) The projection of the equal contribution of all peoples to the promotion of civilization;

(f) The promotion of constructive dialogue and the elimination of dogmatism and fanaticism;

(g) The development of critical thought, the independence of opinion and objectivity;

(h) The elimination of every form of discrimination, national or dogmatic prejudice, intolerance and xenophobia.

39. The subject of Literature projects human situations and problems common to all nations.

40. The teaching of foreign languages promotes understanding and mutual respect among the various national groups.

41. The teachers at all levels, both before their basic (prior to their appointment) education and during their in-service continuing education, are sensitized to a great extent to human rights and racial equality. A considerable number of educationists participate in special seminars on human rights and the elimination of racial discrimination which are organized by the Council of Europe, UNESCO, the Commonwealth and other international organizations.

42. The schools, with the relevant instructions of the appropriate authority, organize celebrations on the occasion of anniversaries and events related to United Nations Day, Human Rights Day, International Day for the Elimination of Racial Discrimination, Commonwealth Day, Europe Day, etc.

43. Schools and pupils take part in various essay competitions, art exhibitions, etc. relating to human rights and cooperation among peoples.

44. UNESCO Affiliated Schools. Various activities are organized - annual symposia, debates, exhibitions and concerts, aiming at promoting international understanding and cooperation - with the participation of foreign delegations.

45. Student Exchanges. Exchanges of pupils with various countries participating in the programme are organized, aimed at getting them to know each other and promoting cooperation between individuals of different nationalities, religions, races and cultures.

46. School pairing. Schools from various countries are paired and they cooperate in common programmes.

47. "Life Link". Various schools from different countries, as well as non-governmental organizations, take part in the programme, aimed at defending human rights, consolidating the idea of racial equality and international cooperation, and coping with environmental problems, social rejection and xenophobia. Pupils from Paphos gymnasium participated in a recent symposium that took place in Sweden.

48. The European Union has initiated the organization of a bicommunal meeting of 50 Greek Cypriot and Turkish Cypriot women in Brussels (April 1997). The meeting was expected to contribute to a better understanding between the two communities and ended up with a decision to proceed to set up a Women's Link which eventually might develop into a Cyprus Women's Peace Movement.

49. In the field of education, it has become an established practice for all the elementary and secondary schools in Cyprus, as well as of the higher educational institutions, to celebrate, on a yearly basis, several events and anniversaries closely related to the United Nations and the specialized agencies with a view to propagating their noble purposes and principles and the work being done by them. In the same way celebrations are held with respect to events and anniversaries related to the Universal Declaration of Human Rights, the Declaration on the Elimination of All Forms of Racial Discrimination and the European Convention on Human Rights. During such celebrations the purposes and principles of the above-mentioned organizations and the international instruments are analysed and explained through speeches which have a positive impact on the young personalities of the students.

50. In the field of Information a variety of measures have also been taken during the period under review with a view to promoting the objectives of the Convention. In this respect special programmes have again been broadcast over the radio and television in the Greek and Turkish languages as well as in the Armenian and English languages. Wide publicity has also been given by the mass media to the relevant United Nations resolutions, as well as those emanating from international conferences, condemning the policy of racial discrimination. Also, decisions taken by the Committee against Racial Discrimination are given to the Press and Information Bureau for publication and dissemination to the mass media.

51. The Office of the Law Commissioner, which has undertaken, by decision of the Council of Ministers, to prepare the reports of the Republic to international organizations (including the report on the International Convention on the Elimination of All Forms of Racial Discrimination, the report on the International Covenant on Civil and Political Rights, the report on the International Covenant on Economic, Social and Cultural Rights and the report on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) has decided to make these reports available to as many people as possible. It should also be mentioned that these reports were sent to the following: Public Information Office; Supreme Court; Attorney-General; Chairman of the Committee for Legal Affairs of the House of Representatives; Cyprus Bar Association; Commissioner for the Administration; Cyprus University; Ministry of Foreign Affairs; Ministry of Justice and Public Order; Ministry of Labour and Social Insurance; Ministry of Education and Culture; State Archives; Presidential Commissioner for Humanitarian Affairs; International Association for the Protection of Human Rights and Committee for the Protection of Human Rights throughout Cyprus (NGOs).

52. Within the framework of the celebration of the International Day for the Elimination of Racial Discrimination, the President of the Republic of Cyprus addresses annually a relevant message and a number of programmes are broadcast over the radio and television, including the broadcasting of relevant speeches delivered by the United Nations Secretary-General as well as the broadcasting of the text of relevant messages of the President of the United Nations General Assembly. The message by the President of the Republic delivered on 21 March 1994 is indicative of the sincerity of the Commitment by the Republic of Cyprus to honour its obligations under the Convention. The following excerpts for the speech speak for themselves:

53. It should also be stressed that in the same spirit analogous broadcastings are made in the Turkish as well as in the English languages.

54. Other important anniversaries such as Human Rights Day, United Nations Day and others have been duly observed and celebrated. The President of the Republic has addressed relevant messages to the United Nations Secretary-General. The House of Representatives, at a special session, adopted unanimously a resolution marking the anniversary of the Universal Declaration of Human Rights, while the same has been duly observed in all secondary schools in Cyprus.

55. It should also be noted that members of the Government quite often take an active part in such celebrations by attending them and delivering relevant speeches.

56. Cyprus actively participated in the recent European Youth Campaign against Racism, Xenophobia, Anti-Semitism and Intolerance. A variety of activities were organized by government departments and NGOs within the programme of the National Committee set up to carry out this campaign, which was launched on 10 December 1994 (anniversary of the Universal Declaration of Human Rights) and closed on 9 November 1995 (Commemoration of Kristallnacht). The Youth Board of Cyprus continues to elaborate programmes and activities mobilizing young people in the fight against racism.

57. A very strong guarantee for the respect of all human rights is the press which enjoys such freedoms and privileges rendering it a formidable sentinel over indiscretions on the part of the authorities.

58. Under the Press Law of 1989 (145 of 1989) a journalist, local or foreign, has the right to seek and obtain information from private sources without any obstruction from State organs and, further, has the right to publish freely such information unless reasons concerning the safety of the Republic, the public and constitutional order, the public safety or the protection of the rights of third persons, dictate the contrary.

59. Moreover, one of the conditions for the granting of a license for a radio or television station is the respect for democracy and human rights. Only one radio and television station is State owned but it is run by an independent corporation. Also, there are several daily, weekly and other newspapers and periodicals which are all privately owned.

60. Public officers are expected, as a part of their duties, to be familiar with the substantive legislation of the country and the international conventions which, as already mentioned, form part of the municipal law and as such are published in the Official Gazette of the Republic. However, in order to make certain that public officers are actually cognizant of the contents of all human rights conventions, including the International Convention on the Elimination of All Forms of Racial Discrimination, the Personnel Department is planning to include in the new curriculum for education and retraining of public servants the subject of international conventions with emphasis on those relating to human rights. Also, seminars and lectures are scheduled for the near future.

61. In Cyprus there are, in addition to the main religious groups of Orthodox Christians and Muslims, the Maronites, the Armenians and the Latins. The Constitution, which is a received Constitution (see para. 68), safeguards all the fundamental human rights and freedoms of all religious groups in the same way. In addition, they enjoy constitutional protection against any form of discrimination both as individuals and as groups. The members of these groups are appointed in the public service without any discrimination.

62. The Republic subsidizes tuition fees for the pupils belonging to the minority communities attending the first six classes of private schools of secondary education. The subsidy is £450 for each pupil, beginning in the school year 1996/97; up to the school year 1995/96 the subsidy was £360. In the last four years the following sums were paid by way of subsidizes:

63. The Government of the Republic of Cyprus further subsidizes the tuition fees of all Maronite and Latin (Catholic) pupils attending the pre-elementary and elementary classes of Terra Santa Private School. The subsidy is £80 for each pupil. It must be noted that Maronites attend Terra Santa School owing to the fact that their elementary schools are in the areas occupied by Turkish forces after the invasion. In the last four years the following sums were paid by way of subsidies under this heading:

	Maronites	Latins	Total subsidy

1993/94	55 pupils	9 pupils	£5,120

1994/95	57 "	16 "	£5,840

1995/96	70 "	22 "	£7,360

1996/97	63 "	17 "	£6,400

64. The most generous assistance is given by the Government to Turkish Cypriot pupils attending private schools. Since 1975 the Government pays the tuition fees for all Turkish Cypriot pupils attending private schools of elementary and secondary education whose families reside in the areas controlled by the Government. In the last three years the following sums were paid:

65. Finally, the Government assigns public educational officers to Armenian schools and private schools attended by Maronites for the purpose of teaching the Greek language. Also, Maronite priests are paid £110 a month for the teaching of religion to Maronite children.

66. This part contains information relating to questions raised by the Committee during its consideration of the last report which could not suitably be included in other parts of the report.

67. The Government of Cyprus is not in a position to give official figures of the population in the occupied area. According to information, including Turkish Cypriot sources, the population in that area is approximately 89,200 Turkish Cypriots, about 109,000 settlers from Turkey and approximately 30,000 Turkish occupation troops (see HRI/CORE/1/Add.28, paras. 15-17 and 57-58).

68. The communities in Cyprus were divided according to their religious beliefs and not according to their ethnic origin, for reasons only known to the joint committee established with the duty to complete a draft constitution for the independent Republic of Cyprus, incorporating the Basic Structure agreed at the Zurich Conference. It may be true that what distinguishes the communities may not only be the factor of religion but also their ethnic origin. Whatever the description of the community may be, the fact is that we cannot change the description given by the drafters of the Constitution. Nevertheless, the gist of the difference is not how the groups are described but whether their rights are safeguarded. The members of the two main minority communities, to a certain extent, are in a privileged position in the sense that in spite of the smallness of the size of their community, they can have their own representatives in the House of Representatives, whereas certain political parties with a larger number of members than some of the religious communities cannot secure a seat at the House.

69. It is obvious that the reason the minor religious groups opted to belong to the Greek Community are grounds of religion. They are all Christians, albeit of different denominations. It may be added that the nomadic group of Gypsies professing the Muslim faith opted to belong to the Turkish community.

70. Whatever problems the religious groups have are satisfactorily resolved by the Government and there are no indications of any complaints against the Government from minority groups on that account. For a limited period of time there was a different legislative treatment for the Greek Cypriot community in that a law was enacted allowing them civil marriage and divorce, whereas there was no similar law for the religious groups. In 1994, however, a law was enacted extending the same right to members of those groups. (The Law enacted is entitled Family Court (Religious Groups) Law of 1994.

71. To a question posed as to whether a Muslim not a Turkish Cypriot can be appointed in the public service, the answer is in the negative unless he/she is a citizen of the Republic.

72. It may be added that the Republic of Cyprus ratified in 1995 the (European) Framework Convention for the Protection of National Minorities (law 28 (III) of 1995).

73. Since the submission of the last report no significant changes which merit the consideration of the Committee occurred. Unfortunately, the situation continues essentially to be the same as outlined in part III of the aforesaid report with an exacerbation of the tension between the two communities because of the killing of two unarmed Greek Cypriots in August 1996 on which the Committee expressed its deep regret (21 August 1996).

74. The Republic of Cyprus expresses its deep appreciation for the invaluable work done by the Committee and for its decisions concerning violations of the provisions of the Convention in Cyprus and the stand taken by the Committee on the inability of the Government of the Republic to apply the provisions of the Convention throughout its territory.