In its decision 2/102, the Human Rights Council requested the Secretary-General

and the High Commissioner for Human Rights to continue with the fulfilment of their

activities, in accordance with all previous decisions adopted by the Commission on

Human Rights and to update the relevant reports and studies. On the current issue of the

question of human rights in Cyprus, a comprehensive annual report (A/HRC/4/59) was

submitted to the Council at its fourth session in March 2007. The Office of the United

Nations High Commissioner for Human Rights (OHCHR) understands decision 2/102 to

preserve the previous annual reporting cycle in respect of this issue until otherwise

decided by the Council. The present report accordingly addresses developments with

regard to the question of human rights in Cyprus over the past year.

__________

GE.08-11115 (E)

A/HRC/7/46

page 2

The report (see annex), prepared by OHCHR, is herewith transmitted to the

Council pursuant to that decision. It covers the period up to 20 December 2007 and

provides an overview of human rights issues in Cyprus based on available information.

In the absence of an OHCHR field presence in Cyprus or any specific monitoring

mechanism, OHCHR relied on a variety of sources with particular knowledge of the

human rights situation on Cyprus for the purposes of the present report.

A/HRC/7/46

page 3

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.

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

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

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

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

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.

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

meeting, noting the information provided by the Turkish authorities on the functioning

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.

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

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

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

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

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

2007.

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).

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

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

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

December 2007.

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

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

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

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.

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.

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

- - - - -

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.