COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES PUBLIC CONSIDERATION OF REPORT OF CYPRUS

CERD
59th session
3 August 2001
Afternoon



The Committee on the Elimination of Racial Discrimination this afternoon concluded its public consideration of the sixteenth periodic report of Cyprus on how that island was implementing the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

In preliminary remarks, Patrick Thornberry, the Committee Expert who served as country rapporteur to the report of Cyprus, said the dialogue had been fruitful and interesting. The Committee had received information on a number of issues such as the status of minorities; application of the marriage law; the situation of asylum-seekers; and gender-related treatment, among other things. He said that the Committee had decided to prepare a draft text on the implementation of the provisions of the Convention in all of Cyprus, including the occupied part.

Mr. Thornberry said that the Committee would be interested to see that the law on civil marriage was implemented; and that the recommendations of the Committee were widely disseminated. He said that the Committee had expressed regret about the continued occupation by Turkey of the territory of Cyprus.

In his concluding remarks, Committee Vice Chairperson Luis Valencia Rodriguez, who chaired the meeting, said that the Cypriot problem should find a peaceful solution so that the State party could live up to its obligations under the Convention. In the face of the serious consequences of the occupation of part of the island and in light of the magnitude of the problem, as well as the tragedy of the population, the Committee should adopt a decision on the situation, he said.

In their response to the queries put by Committee Experts during the previous meeting, the Cypriot delegation said that a British contingent had been stationed on the island following a treaty reached by the two Governments. The presence of the Turkish forces had been increased to a 30,000-strong army since part of the territory was invaded in 1974 in violation of international norms. The occupation by Turkish troops had created in the country a situation of apartheid and it was a flagrant violation of existing international law, the delegation added.

The Committee will release its concluding observations and recommendations on the report of Cyprus towards the end of its three-week session, which will end on 17 August. It will invite a representative of the Government of Cyprus to attend the meeting.

The following Committee Experts participated in the debate: Mahmoud Aboul-Nasr and Agha Shahi.

As one of the 157 States parties to the Convention, Cyprus is obligated to present periodic reports to the Committee on how it is giving effect to the provisions of the instrument. A 7-member delegation of the Government of Cyprus was on hand to introduce the report and to reply to answers raised by Committee Experts.

Before adjourning its morning meeting, the Committee was briefed by its contact person with the Preparatory Committee for the World Conference against Racism, Committee Expert Patricia Nozipho January-Bardill, who said that there had not been much progress in dealing with the contentious issues of acknowledgement of slavery as a crime against humanity and the need for apology; the issue of reparation; and the Israel-Palestinian conflict. Committee members Agha Shahi, Michael Sherifis and Regis de Gouttes also contributed to the debate.

When the Committee reconvenes at 3 p.m., it will take up the initial report of the United States.

Response of Cyprus

The members of the Cypriot delegation responded to questions raised by Committee Experts during yesterday's meeting. The delegation said, in reference to the judgement of the European Court of Human Rights concerning the case of Egmez versus Cyprus, that the applicant's ill-treatment by the police in 1995, in the course of his arrest on suspicion of drug offences, amounted to inhuman treatment contrary to article 3 of the Convention. In compliance with the judgement, the Government had promptly paid to the applicant the compensation awarded to him by the Court.

Concerning the allegation by Amnesty International and alluded to by one of the Experts regarding police brutality, the delegation said that the Attorney-General had ordered an inquiry into the allegation. Police intervening to quell a mutiny provoked by detainees who started a fire in their rooms had been found to be violent. Some of the police officers had been indicted in connection with their failure to strictly abide by police norms but they were later acquitted by a court.

Asked why marriages between Turkish-Cypriots and Greek-Cypriots were banned, the delegation said that a law dating back from the colonial period prohibited such marriages. The Turkish communal chamber still maintained such a prohibition; the 1989 civil code had provided the opportunity to contract marriages between the two communities; however, the law was not fully implemented.

Compensation was provided for victims of administrative prejudice if proved by courts, the delegation said. Any person had the right to lodge complaints against any authority.

The Government of Cyprus condemned all propaganda and all organizations which were based on ideas or theories of superiority of one race or which attempted to promote racial hatred and discrimination in any form, the delegation said. Such persons were punished according to the law established to that end.

With regard to the presence of a foreign contingent on the island, the delegation said that a British army had been stationed on the island following a treaty reached by the two Governments. The presence of the Turkish forces had been increased to a 30,000-strong army since part of the territory was invaded in 1974 in violation of international norms.

The delegation said that the occupation by Turkish forces had created in the country a situation of apartheid and it was a flagrant violation of existing international law.

Asked about the demographic breakdown, the delegation said that the population of Cyprus was composed of 621,8000 Greek-Cypriots, 89,000 Turkish-Cypriots, 4,500 Maronites, 2,500 Armenians, 700 Latins and 22,300 foreigners. In the Turkish-Cypriot community, a large number of Turkish citizens had settled in the occupied part of Cyprus, while at the same time large numbers of Turkish-Cypriots were emigrating to United Kingdom, Australia and Canada but not to Turkey. At least 109,000 Turkish citizens had reportedly settled in the other part of the island.

Concerning access to education by children of foreign workers, the delegation said that students were provided with the necessary education, mainly in English. In addition, Turkish language was taught to those wishing to study it.

Women in the entertainment sector were mainly foreigners, the delegation said. The immigration office was in full control of the situation and women were protected through the issuance of visas and residence permits. With regard to trafficking in women, the Government had taken a series of measures aimed at punishing perpetrators of such acts. In addition, victims of trafficking were provided with assistance and temporary residence permits.

The Ombudsman had been active in examining complaints received by individuals claiming to be victims of racial violations, the delegation said. The Ombudsman had recommended a number of measures to be adopted by the Government. In a recent case in which 34 illegal asylum seekers were arrested by police, the office of the Ombudsman had intervened to liberate them so that they could apply for asylum in accordance with the 1951 Geneva Convention on the Status of Refugees.

In supplementary questions raised by Committee members, an Expert wondered why the Constitution of Cyprus could not be changed. The Expert said it was imposed by the colonial powers and its continued maintenance was in contravention of the provisions of the Convention. A country had the right to change some of the articles in its Constitution which clashed with international conventions.

In response, the delegation said that when parliament attempted in 1989 to amend a provision from the Constitution with regard to marriage, which was the privilege of the Church, the case was taken by some conservative quarters to the Supreme Court. The Court had ruled favouring the actions undertaken by the parliament. With the evolution of time, the Government had been obligated to amend the Constitution as long as the majority of deputies were in favour of it. The Government admitted that the Constitution was inherited from the colonization period and that it had to be changed. Any plebiscite to amend the Constitution should have the participation of all citizens, including the Turkish-Cypriots.

PATRICK THORNBERRY, the Committee member who served as country rapporteur to the report of Cyprus, said that the dialogue had been fruitful and interesting. The Committee had received information on a number of issues such as the status of minorities; application of the marriage law; the situation of asylum-seekers; and gender-related treatment, among other things.

Mr. Thornberry said that the Committee would be interested to see that law on civil marriage was implemented; and that the recommendations of the Committee were widely disseminated. The Committee had also expressed regret about the continued occupation of Cyprus' territory by Turkey.
LUIS VALENCIA RODRIGUEZ, the Committee Vice Chairperson who chaired the meeting, said in his concluding remarks that the Cypriot problem should find a peaceful solution so that the State party could live up to its obligations under the Convention. In the face of the serious consequence of the occupation of part of the island and in light of the magnitude of the problem, as well as the tragedy of the population, the Committee should adopt a decision on the situation.

World Conference on Racism

The Committee's contact person, Committee Expert Patricia Nozipho January-Bardill, briefed the members about the progress made in the meetings of the Preparatory Committee for the World Conference against Racism. She said there had not been much progress in dealing with the contentious issues of acknowledgement of slavery as a crime against humanity and the need for apology; the issue of reparation; and the Israel-Palestinian conflict.

Another Expert said that the Subcommission on the Promotion and Protection of Human Rights was also discussing the issue of compensation to victims of slavery.



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