Country Report on Human Rights Practices for 1991
CYPRUS
Cyprus has been divided since the Turkish military intervention
of 1974, following a coup d'etat directed from Greece. Since
then, the southern part of the country has been under the
control of the Government of the Republic of Cyprus, and the
northern part under an autonomous Turkish Cypriot administration
supported by the presence of Turkish troops. In 1983 that
administration proclaimed itself the "Turkish Republic of
Northern Cyprus," which is recognized only by Turkey.
The internal political systems of the Republic of Cyprus and
the Turkish Cypriot administration are democratic, based on
free elections, and accord basic human rights to their
populations both in law and in practice.
Both Cypriot economies are based on free enterprise, private
initiative, and the right to own property. The Greek Cypriot
economy has prospered in recent years, particularly in the
tourism and manufacturing sectors, and continued to be strong
in 1991 despite the effects of the Gulf War. The weaker
economy in the Turkish Cypriot area, closely linked to that of
Turkey, was depressed in 1991 due to the combined effects of
sustained drought, the Gulf War, the collapse of a major
Turkish Cypriot business conglomerate, and Turkey's clampdown
on duty-free goods imported from northern Cyprus.
Conflict between the Greek and Turkish Cypriot communities
during the 1963-74 period, the Turkish intervention in 1974,
and the subsequent presence of Turkish troops in the north
resulted in the uprooting of Greek Cypriots and Turkish
Cypriots from the northern and southern parts of the island,
respectively. The resultant loss of lives, homes, and
livelihoods has led to continuing charges of human rights
violations.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings in
1991.
b. Disappearance
There were no reports of persons abducted, secretly arrested,
or held in clandestine detention during 1991.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Both the Cyprus Constitution and the basic document governing
the Turkish Cypriot community specifically prohibit torture.
Freedom from cruel, inhuman, or degrading treatment or
punishment is provided for in law and respected in practice in
both communities.
d. Arbitrary Arrest, Detention, or Exile
Laws providing for freedom from arbitrary arrest and detention
are respected in practice by the Government of Cyprus and
Turkish Cypriot authorities. No one may be held for more than
1 day for investigation of a crime without referral of the case
to the courts for extension of the period of detention. Most
periods of investigative detention do not exceed 8 to 10 days
before formal charges are filed. Attorneys have unimpeded
access to detainees. Exile is specifically prohibited by the
Cyprus Constitution and by the basic document governing the
Turkish Cypriot community.
e. Denial of Fair Public Trial
In both parts of Cyprus, fair public trial is provided for in
law and accorded in practice. The judiciary is independent of
executive or military control. Defendants have the right to be
present at their trials, to be represented by counsel (at
government expense for those who cannot afford one) , to confront
witnesses, and to present evidence in their own defense. Cases
are generally tried before a judge or panel of judges, although
a request for a jury trial is usually granted. There are no
special courts to deal with security or political offenses. On
the Turkish Cypriot side, civilians deemed to have violated
military zones are subject to trial in a military court. These
courts consist of one military and two civilian judges and a
civilian prosecutor. There are no political prisoners in
Cyprus.
f.
Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Both the Cyprus Constitution and the basic document governing
the Turkish Cypriot community include provisions protecting the
individual against arbitrary interference by the authorities.
A judicial warrant is required, for example, for a police
official to enter a private residence. Abuses of privacy run
counter to the democratic traditions of both communities.
However, Turkish Cypriots continue to complain that mail coming
through the Republic of Cyprus postal system is delayed or not
delivered.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These rights are provided for by law and are freely practiced
throughout the island. The press is free and represents the
entire political spectrxom. There is no press censorship. Greek
Cypriot authorities do, however, exercise monopoly control over
local television broadcasting, while Turkish Cypriot authorities
do so over both radio and television. Cable services offering
Cable News Network and other international broadcasts are
available throughout the island. The Cypriot House of
Representatives adopted a law in 1990 authorizing private
broadcasting, and several privately owned radio stations have
commenced operations. With the passage of further implementing
legislation, expected sometime in 1992, this law is expected to
end monopoly control over television broadcasting in the part
of the island under government control. In addition, the
proliferation of party and independent newspapers and
periodicals in both communities enables ideas and arguments to
circulate freely. Opposition papers on both sides of the
island frequently criticize the authorities.
b. Freedom of Peaceful Assembly and Association
The freedom to associate, organize, and hold meetings is
protected by law and respected in practice.
c. Freedom of Religion
Freedom of religion is respected in Cyprus. In the south, the
vast majority of the population is Greek Orthodox; in the north,
Sunni Muslim. The Greek Orthodox Church in the south has the
character of a state institution; all its activities and
holdings are exempt from taxation. Missionaries are permitted
to proselytize in both communities, although both Greek Cypriot
and Turkish Cypriot authorities closely monitor missionary
activities.
Approximately 100 Turkish Cypriots who still live in the south
of the island are allowed to practice their religion freely.
In the north, non-Muslims include approximately 700 Greek
Cypriots, over 300 Christian Maronites, and some foreign
residents—all of whom are free to practice their religions.
The only incident of religious controversy recorded in 1991 was
an attempt by Greek Cypriots to stop construction of a minaret
at the mosque in Cyprus ' s only remaining mixed village. The
dispute was settled peacefully when the U.N. intermediary
convinced the Greek Cypriots that the minaret would not be used
as an advance observation post for the Turkish forces on the
island, and the Turkish Cypriots agreed to lower its planned
height.
Persons who conscientiously object to military service on
religious grounds are required by the Cyprus Government to
carry out unarmed military service or face imprisonment. A new
law, passed on January 9, 1992, allows alternative nonmilitary
service for conscientious objectors; either 34 months of
unarmed military service or 42 months of Civil Defense Force or
social service, compared to 26 months of military service.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Turkish and Greek Cypriots enjoy general freedom of movement
within their respective areas. Turkish Cypriot authorities
regulate travel into and out of the Turkish Cypriot area. In
general, they have barred Greeks, Greek Cypriots, and sometimes
third-country nationals with Greek surnames from entering the
north, and Turkish Cypriots from visiting the south. The
applications of Greek Cypriot residents of enclaves in the
north to visit the south are usually granted, but the applicants
must return within a designated period or risk losing their
right to return, along with their property. A representative
of a Greek Cypriot enclave has complained that applications to
visit the south are processed slowly by the Turkish Cypriot
authorities—sometimes taking up to 15 days for approval.
Foreigners coming from the south must obtain permission to
enter the north. The Government of Cyprus has sometimes barred
foreign tourists from crossing into the north for certain
periods in retaliation for Turkish Cypriot policies and actions,
such as the 1990 detentions of Greek Cypriot youths by Turkish
Cypriot authorities. The Government of Cyprus has barred travel
to the north by foreigners intending to depart the island from
the Turkish Cypriot area. At the same time, it bars entry into
the Greek Cypriot area by foreigners who have entered Cyprus at
Turkish Cypriot ports of entry.
The right to travel abroad and to emigrate is observed, although
persons facing military service or legal action in either part
of Cyprus may not travel without specific permission. Turkish
Cypriots have difficulty in traveling to some countries because
travel documents issued by the Turkish Cypriot authorities are
not generally recognized. Usually in such cases, they travel
on Turkish passports provided by means of a special arrangement
with Turkey. Citizens may repatriate freely.
The Government of Cyprus does not accept third-country refugees
for resettlement in Cyprus on the grounds that it already has
enough responsibilities in caring for the Greek Cypriots
displaced after the 1974 Turkish intervention. The Greek
Cypriot authorities prefer that they make their claims
elsewhere and generally endeavor to remove or deport all such
third-country refugee claimants to their country of embarkation
or to a country that will accept them as refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Both the Government of Cyprus and the administration of the
Turkish Cypriot community have lively multiparty political
systems. Parties compete for popular support actively and
without restriction. Suffrage is universal, and elections are
held by secret ballot. Elections for the office of President
of the Republic of Cyprus are held every 5 years, and for the
House of Representatives every 5 years or less.
The Turkish Cypriots elect a leader and a representative body
every 5 years or less. Such elections were last held in 1990.
Greek Cypriots and Maronites living in the north—the latter
having chosen before independence in 1960 to be regarded as
members of the Greek Cypriot community—do not participate in
Turkish Cypriot elections but elect their own village officials.
They are eligible to vote in Greek Cypriot elections but must
travel to the south in order to exercise that right.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
There are organizations in both parts of the island which
consider themselves human rights groups, but all appear to be
primarily concerned with alleged violations of the rights of
members of their community by the other community. There are
no restrictions preventing the formation of human rights groups
in either part of the island.
The question of human rights in Cyprus is closely connected to
the political differences that divide the two communities.
Each group continues to blame the other for alleged human
rights abuses stemming from the events in 1974. Representatives
of international human rights organizations have access to both
the south and the north.
In March the European Commission on Human Rights accepted
petitions from two Greek Cypriots who charged that Turkey
deprived them illegally of their liberty when Turkish Cypriot
authorities arrested and held them for 12 days after they
entered the buffer zone during a demonstration in July 1989.
U.N. officials have described the entry into the buffer zone by
over 1,000 Greek Cypriots during the demonstration as a
"violation of the status quo," which the United Nations Force
in Cyprus (UNFICYP) is charged to maintain. The demonstrators
clashed with some 100 UNFICYP personnel who had formed a cordon
to prevent the Greek Cypriots from proceeding. UNFICYP
persuaded the majority of the demonstrators to return home.
The Commission also agreed in March to accept a petition from a
Greek Cypriot contending that she has been denied the peaceful
enjoyment of her property in Cyprus since Turkey's intervention
in 1974. The Commission limited its consideration of her
petition to the period since 1987, the year Turkey acceded to
the European Convention on Human Rights.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Food, shelter, education, and health care are usually available
to members of both communities and the tiny Maronite, Armenian,
and Latin minorities, regardless of race, religion, ethnic
background, or political opinion. Nevertheless, there are
continuing complaints that the welfare of minorities in the
north is impaired by Turkish Cypriot restrictions on housing,
education, and movement. For example, Greek Cypriot students
studying in the south continue to have difficulty obtaining
permission to spend their holidays with their families in
enclaves in the north. U.N. officials indicate that Greek
Cypriots in the north are unable to travel outside their
communities without Turkish Cypriot authorization. U.N.
officials point out that they also receive complaints of human
rights violations from Turkish Cypriots living in the south
who, they say, are unable to speak with U.N. officials unless a
police officer is present.
The Cyprus Red Cross sends supplies weekly to Greek Cypriots
remaining in the north; this effort is coordinated by UNFICYP
and financed largely by the United States. UNFICYP monitors
the welfare of the Greek Cypriots and Maronites in the north,
as well as that of the Turkish Cypriots in the south.
Throughout Cyprus, women generally have the same legal status
as men. In the north, legal provisions requiring equal pay for
men and women performing the same job are effectively enforced.
In the south, government workers receive equal pay for equal
work, regardless of sex. In October 1989, a law was passed
requiring equality of pay between men and women working in the
private sector. The 3-year grace period for full implementation
expires in October 1992. Meanwhile, private sector employers,
who hope to be in full compliance by October 1992, have begun
gradually to implement the law.
Social taboos, traditions, and family honor shroud incidents of
wife and family abuse in Cyprus. Moreover, it is understood
that police files on incidents of domestic violence are
sometimes destroyed under the pretext that these are "personal
matters." Nevertheless, the Crisis Center for Family Violence,
a private organization in the south, has indicated that the
number of reported domestic abuse cases, including wife beating,
is on the rise. The Crisis Center, as well as several other
support groups, was established in part to draw public attention
to this problem and to encourage government action in dealing
with it. Neither the Government of Cyprus nor the Turkish
Cypriot authorities have made pronouncements or taken specific
action on this issue.
Section 6 Worker Rights
a. The Right of Association
Trade unions and confederations are free to organize in both
the north and south. In late 1990, the Government of Cyprus
amended its trade union laws to allpw trade unions to elect
their leaders regardless of whether or not they are union
members—a previous source of contention with the International
Labor Organization (ILO).
Almost 85 percent of Greek Cypriot workers and 40-50 percent of
Turkish Cypriot workers belong to independent trade unions.
Union officials in the north, however, allege that the ruling
party tends to exert its influence to split the labor movement,
especially in the public sector, by supporting the establishment
of rival unions. In both communities, trade unions freely and
regularly take stands on public policy issues affecting workers.
All Cypriot workers have the right to strike. Strikes usually
are of short duration. Both the Government of Cyprus and the
Turkish Cypriot authorities have the power to curtail strikes
in what they deem to be "essential services." The Government
of Cyprus has used these regulations in the past to intervene
during strikes involving port workers. At its 1991 meeting,
the ILO Committee of Experts renewed its earlier observation
that "essential services" should be more strictly interpreted
in Cyprus as those whose interruptions would endanger the life,
personal safety, or health of the whole or part of the
population.
Unions in both parts of Cyprus freely take part in international
meetings. Most unions are affiliated either with the
International Confederation of Free Trade Unions or with the
Communist-dominated World Federation of Trade Unions. Labor
unions, more than most other organizations on Cyprus, attempt
to maintain contact and cooperation across the dividing line.
b. The Right to Organize and Bargain Collectively
By law and in actual practice, trade unions and confederations
are free to organize and to bargain collectively in both parts
of Cyprus. In both the north and the south, parties to a
dispute may request mediation by the authorities. In both
sectors, legislation prohibiting dismissal for participation in
trade union activity is effectively enforced.
Small export processing zones exist in Larnaca in the south and
Famagusta in the north, but the laws governing working
conditions and actual practice are uniform throughout the
country.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, and no
instances were reported.
d. Minimum Age for Employment of Children
The Government of Cyprus has set the minimum age for employment
of children in an "industrial undertaking" at age 16. In the
north, the age is 15. The law is effectively enforced in both
sectors by government labor inspectors.
e. Acceptable Conditions of Work
There is a legislated minimum wage in the south which is renewed
every year and covers clerks, salespersons, nursery assistants,
practical nurses, and hairdressers. The legislated minimum
wage is not sufficient to provide an adequate living for a
worker and his family. All other occupations are covered under
collective bargaining agreements between trade unions and
employers within the same economic sector, and the minimum
wages set in these agreements are at least $100 more per month
than the legislated minimum wage. The legislated minimum wage
in the north, which is renewed annually after tripartite
negotiations, is more broadly applicable. It would not be
adequate to support a worker and his family, although most
workers earn more than the minimum wage.
The Government of Cyprus sets 40 hours as the maximum number of
hours of work per week except for shop workers and drivers, for
whom the legal limit is 42 hours. In the north, the maximum
number of hours of work per week in the winter is 38 and in the
summer 36. These laws are effectively enforced by government
labor inspectors.
Although in both sectors the standards are not equivalent to
those in Western industrialized countries, occupational safety
and health regulations are administered effectively. In both
sectors, an Inspector of Factories receives and processes
complaints and inspects factories and businesses in order to
ensure that occupational safety laws are observed. Workers who
file complaints are protected by law and the court system in
the Greek Cypriot sector but not in the Turkish Cypriot
sector. In both sectors, however, workers risk losing their
jobs if they unilaterally remove themselves from a position
which they believe endangers their health.
