| Human Rights Overview in North Cyprus |
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| Wednesday, 14 January 2009 | |
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Overview of The Human Rights Situation in North Cyprus Unlike most countries, especially in the European Union (EU), there is no comprehensive monitoring of the human rights situation in North Cyprus. So far, there is no public institution entrusted with this task and no civil society organisation or network is systematically collecting relevant data. There is no parliamentary human rights commission, specially appointed human rights ombudsman or institution operating a systematic human rights recording and reporting system. The level of respect for and implementation of human rights in North Cyprus have therefore never been comprehensively analysed and documented. A few international bodies have presented situation reports on North Cyprus but none is making a systematic analysis of the issues or ways to implement remedial action.[1] The Human Rights Foundation, established 3 years ago, has since then monitored the human rights situation and reported (in Turkish language) on a few issues such as prison conditions, trafficking, and “invisible” groups within the community. It is presently preparing a Human rights mapping project including 11 research studies on priority areas identified.[2] The findings of the studies will be summarised in 11 reports to be published in Turkish and English. Each report will look at local and international legal standards while providing case studies and interview results in North Cyprus. Each report will make topic specific recommendations on how to address and subjugate the problems encountered. Out of the 11 research topics, 3 issues are crucial with regard to their reconciliation potential as they represent repeated claims about the lack of human rights in North Cyprus by Greek Cypriots: minority rights, property rights and missing persons. The following chapter provides a present baseline and some insight into each of the topics. Women Women do not have fully equal human rights as men have in North Cyprus. Women are not living in same conditions as men especially in family and marital life, in decision making mechanisms, in political life, in working life, in media, in education, in health services and when they are facing violence. The patriarchal society prevents women from fully enjoying their human rights. Therefore achieving human rights of women is important for North Cyprus while harmonising cultures and laws with the European Union. Although the CEDAW convention was ratified in 1996 by the parliament of the TRNC, there is neither application nor control mechanisms of those articles set by recent governments. A gender equality mechanism was established by the government in 2008 but it is still very weak, limited and without solid background. Rights of Persons with Disabilities In North Cyprus, like elsewhere, disabled persons live in an inappropriate environment, facing serious problems such as discrimination, limited education, limited accessibility, lack of transportation and housing as well as employment difficulties. Even the number of disabled people is not precisely known (worldwide estimated at 10 % of the population) and official figures appear low. It is therefore difficult to obtain statistics and indicators relevant to disabilities and disabled persons in the Turkish Cypriot community. The United Nations Declaration of the Rights of Disabled has not yet been approved by the parliament. Some advantages and rights were given to disabled people by the constitution and special legislation exist such as in the labour law including social security benefits for employed and unemployed disabled; legislation lacks, however, applicable regulations in North Cyprus. Organisations representing disabled persons complain about the insufficiency of existing regulations to guarantee their basic rights as well as about the lack of concern by the public and authorities. Public utilities do not allow disabled persons to live adequately: unsuitable sideways and public transportation vehicles are good examples for this. Only a few transport means for disabled people are foreseen in some of the larger municipalities. According to NGOs for disabled, there is an insufficient number of special education centres with adequate education services and their number and quality needs improvement. Rights of Persons Belonging to Minority Groups This topic is in direct relation with two other below mentioned issues: property rights and missing persons. Although, the ethnic structure of Northern Cyprus is heterogeneous, the constitution does not recognise minority rights to any group and there are no minorities represented in the parliament. It is estimated that some 369 Greek Cypriots and 124 Maronites remain in the Turkish Cypriot administered area living in the regions of Morphou and Karpassia. Greek Cypriots and Maronite residents are prohibited from participating in Turkish Cypriot "national" elections. In December 2006 Greek Cypriot and Maronite communities directly elected municipal officials for the first time; previously, the Republic of Cyprus appointed these representatives which were, however, not recognised by the Turkish Cypriot authorities. The local laws prohibit discrimination, and the 1975 Vienna III Agreement defines the treatment of Greek Cypriots and Maronites; however, there is clear inconsistency with basic rights in the practices of the authorities which make daily life both difficult and uncertain. Examples of various complaints relate to issues such as property, residency, “citizenship” rights, freedom of movement and freedom of religion. Roma communities have been living in Cyprus for hundreds of years but their precise number remains unknown as many of them prefer to remain invisible and to assimilate in fear of being stigmatised. Roma are not recognised as being entitled to minority rights but are deemed part of the Turkish Cypriot community. The issue of minority groups in North Cyprus has always been used in political arguments relating to the Cyprus problem and much of the research and actions made on behalf of minorities were conducted by other actors.
Refugee Rights There is a major need to report on these rights as the situation in North Cyprus is characterised by: insufficient cooperation with international bodies protecting refugees; inadequate local legislation, non-recognition or lack of institutionalisation of asylum rights; insufficient know-how within the government, media and society at large and lack of political will to protect refugees. Being in the middle of 3 continents has made Cyprus one of the attractive safe havens for refugees. There are, however, in the northern part of the island, no regulations in force to protect their rights making their fates thus depend on arbitrary policies of the authorities. The EU has issued a common policy on refugees while asylum is part of the first pillar of the EU harmonisation process. Action on the refugee issue is therefore a pressing need in North Cyprus. The 1951 Refugee Convention ratified by the Republic of Cyprus before 21 December 1963 is in force in North Cyprus per se but it has practically never been applied. The protective articles of the European Convention on Human Rights with regard to refugees applies to North Cyprus also. However, insufficient attention has been paid to these protective clauses by authorities or judicial procedure. After heavy pressures by a few NGOs in North Cyprus, authorities have finally stopped automatically deporting persons who wanted to make an asylum claim and they are now eligible to make their applications to UNHCR located in South Cyprus. Despite this mechanism, the authorities occasionally still use the inadequacy of the legislation in this field to deport people before they can apply to UNHCR. Human Smuggling and Trafficking in Persons Trafficking in persons is a major visible area of human rights violations in North Cyprus which is a destination country for trafficked women from countries such as Ukraine, Moldova and Russia. Human trafficking appears to be on the rise in North Cyprus as it is worldwide. Despite international efforts to address this problem and reliable indicators showing the existence of trafficking in North Cyprus, effective steps by the authorities of the Turkish Cypriot community have been slow. The method employed till now has focused on trying to regulate the operation of places of entertainment where the women trafficked are working rather than effective prevention. Recently a bill has been referred to parliament trying to define and criminalise trafficking, smuggling and exploitation according to internationally accepted criteria. The TCHRF has contributed to this work by co-organising public events with the EU, the Swedish Institute, the American Embassy and the British High Commission. The TCHRF, has also conducted research and campaigned against human trafficking and is presently preparing a preliminary report on this issue. It will also investigate the situation concerning human smuggling, the trafficking for labour, undocumented migrants and networks operating in the north of the island. Detainees Rights TCHRF has been examining detainee rights since its establishment and organised a major public even on this subject in Nicosia. In May 2007, after a major riot at the Nicosia central prison, which was clearly responded to with excessive use of force by the security forces, the TCHRF began an in depth investigation into the conditions in the prison from a human rights perspective. The report is to be published within the coming month.[3] The report encompasses all inhuman conditions and treatments prevailing in the Turkish Cypriot Central Prison following interviews with detainees, doctors, international experts, authorities and prison guards as well as relatives and lawyers of detained persons. Overcrowding is one of the biggest problems of the Central Prison having a capacity for maximum 274 inmates while it holds about 450 inmates. For this reason and other deficiencies, juvenile detainees and pre-trial detainees are incarcerated together with convicted criminals thus violating basic laws and creating a major social problem. The prison system does not provide sufficient assistance for inmates to be rehabilitated and reintegrated in the society after completing their prison terms, and does not meet international standards in many aspects. Inadequate health care is another area of human rights complaint being investigated. Torture and inhuman treatment cases by the police are frequently reported and lawyers and the TCHRF are pressing authorities to truly investigate them.
Lesbian, Gay, Bisexual, and Transgender (LGBT) Rights
Some initiatives supported by the Foundation are opening up the issue for discussion and breaking the taboo for the first time in the Turkish Cypriot society. North Cyprus remains the sole EU territory where male homosexual sexual acts are criminalised. So far the rights of LGBT persons have never been made an issue. Not being heterosexual remains a strong taboo and LGBT persons feel compelled to hide and find no place to express themselves, often facing strong social and familial exclusion. The penal code provisions criminalising homosexual intercourse in Cyprus are remnants of British Colonial legislation which the Republic of Cyprus was forced to repeal after a decision of the European Court of Human Rights (Modinos v. Cyprus). Although, the European Convention on Human Rights is applicable in North Cyprus, amending the relevant sections of the law has never been demanded or discussed in Parliament The protection of LGBT rights has no place on the agenda or the policies of the government and does not have sufficient public awareness. The criminalisation of homosexual intercourse creates other problems such as difficulties in ensuring precautions against health risks. Although, other LGBT persons such as lesbian, bisexual and transgender individuals do not face criminalisation as homosexuals may, they nevertheless do not enjoy the same level of rights as heterosexual persons in areas such as right to found a family, freedom of expression and right to privacy. A recently established and informal “Initiative against Homophobia” (IAH) that works for the rights of LGBT persons, applied for registration in May 2008 and is supported by the TCHRF.
Rights of the Child
The Turkish Cypriot parliament has ratified the Convention on the Rights of the Child in 1996, however there is evidence to assume that not only the harmonisation but also the implementation of the legislation is unsatisfactory. Children’s rights are one of the most poorly researched fields of human rights in North Cyprus. Strong family ties and high level of devotion to children in the Turkish Cypriot culture leads to an inaccurate presumption that there is no major problem with children’s rights. As a result there is no major study addressing all set of Children’s Rights and research is needed to map the situation and problems comprehensively. The domestic legislation must be analysed in the light of the United Nations Convention on the Right of the Child and areas where there is a need for harmonisation be detected and reported. Investigation into violations of the main children’s rights in North Cyprus is necessary, the main areas of concern being: violence against children, juvenile justice, social services, education and awareness raising.
Property Rights
The issue of property rights in North Cyprus is a major area of concern and one which is inevitably tied into “The Cyprus Problem” while being used on both sides of the Green Line as an excuse to not fully respect human rights relating to property. The analysis of breach of property rights by civil and military authorities and formulae found to resolve property disputes will be a fundamental element in the efforts to find an acceptable solution to the Cyprus problem. In addition to economic, social and emotional aspects, fundamental human rights relating to property are constantly being questioned both on the island and in the European Court of Human Rights and now through the Orams case, in the European Court of Justice. After the conflicts in Cyprus of 1963 and 1974, property rights of both Greek and Turkish Cypriots have suffered violation. The ECHR decisions against Turkey relating to property rights in North Cyprus such as the 4th Interstate case of Cyprus v Turkey and the Loizidou case have brought further pressure to adjust the laws of North Cyprus to provide local remedy through the establishment of the Immoveable Property Commission (IPC) for claims against breach of human rights relating to property. A careful study of the effectiveness and adequacy of this mechanism which is now in its 2nd year is necessary. A comprehensive solution to the Cyprus problem will inevitably deal with property issues and there may be elements of the IPC that can be made use of in finding an appropriate formula. In any event and without a settlement of the Cyprus problem, the need to settle property disputes and claims in accordance with human rights standards will remain a priority as it affects a high number of people on the island.
Missing Persons
The issue of the approximately 2000 missing Greek Cypriots and Turkish Cypriots who disappeared during different periods of violent conflict on the island, in particular the events of 1963 and 1974, are a part of the complex historical developments that make up the Cyprus problem. In the past, political forces on both sides have used the issue of the missing to justify arguments that the other side is an inhuman enemy never to be forgiven. The politicisation of this issue has had devastating effects on the relatives of the missing for whom, unlike the politicians, finding or learning “the truth” about the whereabouts of their loved ones is the overriding priority. A Red Cross supported Committee on Missing Persons has been established in 1979 to try to resolve the issue of the missing from both sides. Its primary objective is to recover remains, identify and return them to families for burial, bringing thus closure to a long period of anguish and uncertainty. The project is run by teams of Greek Cypriot and Turkish Cypriot scientists as well as other foreign experts. With the political support of the leaders of both sides and the financial support of local and foreign donors, the CMP has started to produce a steady stream of results bringing long awaited consolation to many relatives. However, it is argued that the task and mandate of the CMP is not sufficient to heal the wounds. The relatives of the missing, even of those whose remains have been found and returned, have expressed a deeper need to know “the truth” about the circumstances. At the same time, there are fears that as the total population of the island is so few, a process that would reveal “perpetrators of past crimes” may have serious consequences both inter communally and intra communally. A further need is that of reparation with several cases before the European Court of Human Rights and also before the Greek Cypriot courts in the south in pursuit of both effective investigation and reparation. An evaluation is needed of the benefits of a “Truth Commission” or a “Truth and Reconciliation” mechanism based on other models employed in post conflict Situations such as South Africa, South America and the Balkans but adapted to the needs of the island.
Rights of Migrant Workers and their Families
Most of the migrant worker population in North Cyprus originates from Turkey. While those who have been in North Cyprus for many years have been better able to integrate with Turkish Cypriot society, a large portion of more recently arrived immigrants are subject to different forms of discrimination and exclusion from society. Frequently there are clear signs of the existence of racism and prejudice against Turkish immigrants reflected in biased media coverage. In some newspapers and also even as part of the political rhetoric of some allegedly ‘left-wing’ parties, anger or resentment of Turkey appears to become transformed into a form of racism and prejudice against people originating from Turkey when they show signs of ‘not being like us’. Similarly the Greek Cypriot side has consistently demonised Turkish immigrants who have come to the island demonstrating total denial of the fact that they are also human beings entitled to basic human rights. The term ‘settlers’ has been coined by the Greek Cypriot side with no clear legal or social definition as to what it means or why ‘settlers’ are a lesser form of humanity whose only acceptable fate is to be put in ships and sent back to Turkey in the event of a settlement. The TCHRF observes that working conditions and also housing conditions of the migrants are often below reasonable standards and those of Turkish Cypriots. Migrant workers who are undocumented can face severe difficulties in benefiting from basic rights, such as access to health and education. Although, the International Convention on Economic, Social and Cultural Rights and some ILO Conventions have been ratified by the parliament, most protective legal instrument for migrant workers, for instance the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, have not been approved yet. Many domestic laws are even inconsistent with the ratified conventions which are far from being implemented. The exclusion of migrant workers and their reluctance to seek their legitimate rights, made them become an invisible vulnerable group despite their large number when it comes to enjoying human rights. [1] Cf, for instance The Commissioner - CommDH(2006)12 / 29 March 2006 , Follow-up report on Cyprus (2003-2005) : Assessment of the progress made in implementing the recommendations of the Council of Europe Commissioner for Human Rights, stated ‘’On his visit to Cyprus in 2003, the Commissioner also visited the northern part of the Island and held discussions with its authorities and civil society representatives. The original report did not, however, contain specific recommendations relating to the human rights situation there, which is consequently not reviewed in this follow-up report.’’ [2] The EU Task Force for North Cyprus has been asked to support this project with a grant. [3] The report is to be published in Turkish language and the Foundation is looking for assistance to have it translated into English. |
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| Last Updated ( Wednesday, 14 January 2009 ) |
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