Situation in Cyprus OPINION(1)

Doc. 7747

28 January 1997

Rapporteur: Mr Erik JURGENS, Netherlands, Socialist Group

 

 

1. Matters of procedure

On 20 March 1996, the Standing Committee modified the earlier reference to the Committee on Legal Affairs and Human Rights of :

by referring them to the Political Affairs Committee and, for opinion, to the Committee on Legal Affairs and Human Rights.

This change - made at the instigation of the rapporteur of the Political Affairs Committee, the late Lord Finsberg - has had the curious effect that the rapporteur for opinion of the Legal Committee is asked to formulate an opinion on a report "on the situation in Cyprus" of which the specific human rights issue with which the Committee on Legal Affairs and Human Rights is concerned constitutes only one element, i.e. chapter IV. Human Rights issues (pages 8 and 9).

While accepting that, certainly in the case of the "enclave" in the northern part of Cyprus, the human rights issue is a concomitant of the factual partition of the island, the Committee on Legal Affairs and Human Rights would wish to stress that "when problems arise on the situation of human rights in member states, including their compliance with judgements by the European Court of Human Rights" the Committee has been instructed by the Assembly to report to it (Order 485 (1993)). Thus, while giving its opinion on chapter IV of the B�rsony/Finsberg report, the Committee on Legal Affairs and Human Rights would prefer to keep the matter of alleged violations of human rights in Cyprus on its agenda as a specific problem, whether a solution is found to the main, political, problem of the factual partition of Cyprus or not.

The Committee on Legal Affairs and Human Rights therefore recommends the Assembly to regard the decision on point 7 of the draft resolution of Doc. 7717 as of a temporary nature, and to take notice of the fact that the Committee on Legal Affairs and Human Rights would wish to continue its activities in monitoring the situation of human rights in Cyprus, especially as regards Greek Cypriot or Maronite minorities in the northern part of Cyprus, and of Turkish Cypriot minorities in the southern part.

 

2. Opinion

As rapporteur of the Committee on Legal Affairs and Human Rights I made use of my attendance at the 5th Round Table with the European Ombudsmen, Limassol (Cyprus, 8-10 May 1996) and to the meeting of the sub-committee on Human Rights in Limassol on 8 and 10 May 1996, to speak to ministers, the Attorney General, members of parliament of the Republic of Cyprus on 7 and 8 May 1996. I also met representatives of NGO's, and some members of the Turkish Cypriot minority in the southern part of Cyprus. I was also able to speak to Mr Gustave Feisel, the Deputy Permanent Representative of the UN Secretary General. On 10 May I was received by leaders of the Turkish Cypriot Community, and I spoke to members of the enclaved Greek Cypriots who were waiting at the Ledra Palace crossing-point on their way from the Karpass area for a visit to relatives in the south.

Thus I was able to register the complaints about the treatment of the 486 "enclaved" Greek Cypriots (complaints about the treatment of the 187 members of the Maronite community did not come to my ears) from some of those personally concerned, from NGO's representing their position, and from the government of the Republic of Cyprus.

The Finsberg report covers the main complaints correctly. The description of what is happening to the enclaved minority in the Karpass region does seem to justify Lord Finsberg's assessment of "demographic cleansing". The reports of the UN Secretary General to the Security Council consistently affirm that no real progress is being made. The most recent report (for the period from 11 June to 10 December 1996, S/1996/1016) states that "there has been no further progress on the recommendation arising out of the humanitarian review undertaken by UNFICYP in 1995".

The Finsberg report suggested that his talks and his exchange of letters with the Turkish Cypriot leader Mr Denktash would indeed result in improvements. This does not seem to be the case. It would therefore seem that point 7 of the Draft Resolution needs to be amended to take notice of this lack of improvements.

As to the situation of Turkish Cypriots living in the southern part of the island (343 are known to UNFICYP) I listened to a specific complaint from one of these, that he was the victim of excessive police vigilance and intimidation. That complaint has also reached the Ombudsman of Cyprus, who was investigating it when I spoke to him. Considering the atmosphere of the relations between the two communities on Cyprus, which has deteriorated since the recent serious clashes, I cannot exclude that there are also other Turkish Cypriots in the southern part of Cyprus who receive undue attention from the police because they are suspected of being "spies". As far as I have been able to ascertain most Turkish Cypriots can leave a normal life and can enjoy their civil rights.

 

3. Conclusions

In conclusion it is proposed to replace paragraph 7 of the draft report by the following text:

 "The treatment of the Greek Cypriots and Maronites living in the northern part of Cyprus gives rise to great concern. The Assembly calls upon the Turkish Cypriot administration to change its policies that now amount to a violation of human rights, and to implement the measures recommended by the UN Secretary General within six months.

In addition, in order to allow the Committee on Legal Affairs and Human Rights to continue its work, the following motion for an order should be adopted :

 

MOTION FOR AN ORDER

 

The Assembly,

Referring to Assembly Resolution ... (l997) on the situation in Cyprus and to the explanatory memorandum by the late Lord Finsberg, contained in Doc. 7717;

Instructs its Committee on Legal Affairs and Human Rights to closely follow:

and to report to it in due course.

 

Reporting committee: Political Affairs Committee (Doc. 7717)

Committee for opinion: Committee on Legal Affairs and Human Rights

Budgetary implications for the Assembly: none

Reference to committee: Resolution 1054 (1995), Recommendation 1292 (1996), Doc. 7411 and Reference No. 2063 of 20 March 1996, Doc. 7426 and Reference No. 2064 of 20 March 1996.

Approved by the committee on 28 January 1997

Secretaries to the committee: Mr Plate, Ms Chatzivassiliou, Ms Kleinsorge and Ms Clamer

 

Note: 1by the Committee on Legal Affairs and Human Rights