Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/cyprus.txt

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TITLE:  CYPRUS HUMAN RIGHT PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                              CYPRUS


Cyprus has been divided since the Turkish military intervention
of 1974, following a coup d'etat directed from Greece.  Since
1974 the southern part of the country has been under the control
of the Government of the Republic of Cyprus.  The northern part
is ruled by an autonomous Turkish Cypriot administration
supported by the presence of Turkish troops.  In 1983 that
Administration proclaimed itself the "Turkish Republic of
Northern Cyprus" ("TRNC"), which is recognized only by Turkey.
Both parts of the island are ruled in accordance with democratic
principles affirmed through regularly held, free and fair
elections.  The Greek Cypriot political system is a presidential
system while the Turkish Cypriots use a parliamentary form of
government.

In general, the police forces of both sides accord respect to
the rule of law.  There is little crime in Cyprus, and
consequently relatively few arrests occur.

Both Cypriot economies operate on the basis of free market
principles, although in both communities there are significant
state-run enterprises.  In the Greek Cypriot economy, increases
in tourism and exports are expected to lead to a growth rate of
about 4.6 percent, more than double the 1993 rate.  The Turkish
Cypriot economy relies heavily upon subsidies from Turkey and is
burdened by an overly large public sector.  Inflation remains a
significant problem, exceeding 100 percent in 1994, and the
economy is expected to experience net negative growth for 1994.

Greek Cypriot and Turkish Cypriot authorities generally accord a
high degree of respect to established human rights norms and
practices.  Nonetheless, in the Greek Cypriot community there
were instances of police brutality, including beating and
expulsion of Turkish Cypriots by Greek Cypriot police.  Domestic
violence is also receiving increased attention as a legal and
social issue in both communities, rather than as a purely
personal or cultural matter.

Significant problem areas include continuing restrictions
imposed by Turkish Cypriot authorities on the right of Turkish
Cypriots to travel to the southern part of the island and
Turkish Cypriot noncompliance with the terms of the 1975
Vienna-III Agreement which set forth the rights of Greek
Cypriots remaining in areas under Turkish Cypriot control.

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 other extrajudicial
killings.

     b.  Disappearance

There were no reports of persons abducted, secretly arrested, or
held in clandestine detention.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Both the Cyprus Constitution and the basic law governing the
Turkish Cypriot community specifically prohibit torture.
Freedom from cruel, inhuman, or degrading treatment or
punishment is provided for in law in both communities.  While
these laws are widely respected in practice, there were credible
reports during April that Greek Cypriot police rounded up 22
Turkish Cypriots on three separate occasions, beat them, and
then "deported" them to the Turkish Cypriot-controlled area.  It
appeared that at least one group of deportees consisted of
long-term residents in the Greek Cypriot-controlled area, while
others may have been Turkish Cypriots who crossed the "Green
Line" in search of work.

In July defense attorneys for two Greek Cypriot youths charged
with armed robbery claimed that their clients had been beaten in
police custody.  There has been no independent verification that
the police in fact committed the beatings.

In another instance, lawyers for a 31-year-old man, whom police
mistakenly took into custody on suspicion of bank robbery and
then allegedly tortured, filed an application, which is still
awaiting action, against the Republic of Cyprus on the basis of
the European Convention on Human Rights.  Two policemen accused
in the case were acquitted in July 1993 after the courts ruled
that the suspect had in fact been beaten in police custody but
had been mistaken in his identification of the two officers
responsible.  According to some independent observers, the
alibis the police officers produced appeared credible.

A 1993 bill introduced in the Cyprus Parliament addressing
police brutality is still under consideration.  The bill would
provide for, among other things, detention of the accused in
cells not under direct police control, medical examination of
detainees immediately upon arrest, and severe penalties for law
enforcement officials convicted of violating these provisions.
In December a parliamentary subcommittee voted to broaden the
jurisdiction of the official Ombudsman to look into allegations
of police brutality.

While there were no public allegations or media reports of
police brutality in the Turkish Cypriot community, credible
reports indicate that there were some instances of police
brutality.

     d.  Arbitrary Arrest, Detention, or Exile

Laws providing for freedom from arbitrary arrest and detention
are respected by the police forces of both communities.
Judicially issued arrest warrants are required.  No one may be
detained for more than 1 day 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 free access to
detainees, and bail is permitted.

Exile is specifically prohibited by the Greek Cypriot
Constitution and by the basic law governing the Turkish Cypriot
community.

     e.  Denial of Fair Public Trial

Cyprus inherited many elements of its legal system from the
British legal tradition, including the presumption of
innocence, the right to due process, and the right of appeal.
Throughout 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.  There are no special courts to try 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.  Defendants in military courts have all
the due process rights available in civilian courts.  There
were no trials of civilians in military courts in 1994.

There are no political prisoners in Cyprus.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

Both the Cyprus Constitution and the basic law governing the
Turkish Cypriot community include provisions protecting the
individual against arbitrary interference by the authorities.
A judicial warrant is required for a police official to enter a
private residence.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Freedom of speech and press are provided for by law and are
freely practiced throughout the island.  The proliferation of
party and independent newspapers and periodicals in both
communities enables ideas and arguments to circulate freely,
and opposition papers frequently criticize the authorities.

Several private television and radio stations in the Greek
Cypriot community compete effectively with the government-
controlled stations.   Turkish Cypriot authorities retain a
monopoly over local radio and television, which tend not to
criticize them.  By June 1994, permission had been given for
the operation of two university-run radio stations in Nicosia
and Famagusta.  However, the permission granted was temporary,
and the radio stations remained under the control of the
Turkish Cypriot radio and television authorities.
International broadcasts are available without interference
throughout the island, including telecasts from Turkey and
Greece.

     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.  Although
missionaries have the legal right to proselytize in both
communities, missionary activities are closely monitored by the
Greek Cypriot Orthodox Church and by both Greek Cypriot and
Turkish Cypriot authorities.

Both Turkish Cypriots residing in the southern part of the
island and non-Muslims in the north are allowed to practice
their religion freely.  However, a major Greek Cypriot holy
site located in the Turkish Cypriot-controlled area, the
monastery at Apostolos Andreas, may only be visited under
existing regulations twice a year, despite the Vienna-III
Agreements of 1975 guaranteeing freedom of movement for Greek
Cypriots and Turkish Cypriots who elected to remain in areas
controlled by the other community.  In November the Turkish
Cypriot authorities permitted an elderly priest and a companion
resident in the government-controlled area to conduct services
at Apostolos Andreas on the Saint's name day, fulfilling a
longstanding desire of the priest to visit his ancestral home.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Turkish Cypriots and Greek Cypriots enjoy general freedom of
movement within their respective areas.  However, Turkish
Cypriot authorities regularly restrict or deny permission for
travel by Turkish Cypriots into the Greek Cypriot area.
Turkish Cypriots who apply for permission to visit the south
are required to justify their applications with formal
invitations to events arranged by individuals or organizations
resident in the Greek Cypriot community.  Many of these
applications are denied, often without an official reason,
although the basis for most denials is clearly political rather
than the ostensible "national security" grounds sometimes
cited.  The treatment of applications appears to be related to
the state of intercommunal relations or the status of
negotiations on the Cyprus issue.  In mid-1994, Turkish Cypriot
authorities began to prohibit travel by Turkish Cypriots to the
south after a period of relative openness following the
inauguration of a new coalition "government" in January.

The applications of Greek Cypriot residents of enclaves in the
north to visit the government-controlled area are usually
granted, but the applicants must return within a designated
period or risk losing their right to return, as well as their
property.  Turkish Cypriot authorities usually deny requests
for Greek Cypriot children over the age of 16 (male) and 18
(female) residing in the government-controlled area to visit
their parents in the Karpass.  Requests by other relatives are
also generally denied.  However, in December the Turkish
Cypriot authorities granted permits to all 30 children who had
requested them regardless of age.  In addition, they granted
permits for the first time to nine grandchildren resident in
the government-controlled area to visit their Greek Cypriot
grandparents in the Karpass Peninsula.  Without prior
permission, the Turkish Cypriot authorities also generally bar
Greeks, Greek Cypriots, and even third-country nationals with
Greek or Armenian surnames from entering the territory under
their control.

The Greek Cypriot authorities permit only day travel by
tourists to the northern part of the island.  The Greek Cypriot
authorities have declared that it is illegal to enter Cyprus
except at authorized entry points in the south, effectively
barring entry into the Greek Cypriot area by foreigners who
have entered Cyprus from the north.  Similarly authorities bar
entry to the north by those intending to depart by this route.
Following the March assassination, allegedly by Turkish agents,
of the Director of a Greek Cypriot association supporting Kurds
in Turkey, the Greek Cypriot authorities placed significantly
tighter controls on the movement of Turkish Cypriots to the
Greek Cypriot-controlled areas.  Institutions and individuals
sponsoring visits of Turkish Cypriots to the Greek Cypriot-
controlled areas must notify the Greek Cypriot police in
advance and provide them with an exact itinerary.

The authorities respect the right to travel abroad and to
emigrate.  Turkish Cypriots have difficulty traveling to most
countries because travel documents issued by the "Turkish
Republic of Northern Cyprus" are recognized only by Turkey.
Most Turkish Cypriots resort to utilizing Turkish travel
documents instead.

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 those displaced after the
1974 Turkish intervention.  All refugee and asylum claimants
are referred to the United Nations High Commissioner for
Refugees, which considers their applications.  The Government
has been cooperative in extending residency permission to those
with pending applications and does not generally repatriate
claimants to their home country.  There has been no
resettlement of displaced Cypriots.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Multiparty political systems exist in both communities.  In the
Greek Cypriot community, political 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 are held every 5 years and for
members of the House of Representatives every 5 years or less.
The small Maronite, Armenian, and Latin communities vote for
nonvoting representatives from their respective communities, as
well as for a candidate as a voting member in the House of
Representatives.  However, under the terms of the 1960
Constitution Turkish Cypriots may only vote for the position of
the Vice President and for Turkish Cypriot Members of
Parliament.  As a result, Turkish Cypriots living in the
government-controlled area may not vote.

The Turkish Cypriots elect a leader and a representative body
every 5 years or less.  The Turkish Cypriot voters went to the
polls on December 12, 1993, in an early election that brought
opposition party representatives back into power and resulted
in a new coalition.  Greek Cypriots and Maronites living in the
north are barred by law from participating in Turkish Cypriot
elections but may choose their own village officials.  They are
eligible to vote in Greek Cypriot elections but must travel to
the south to exercise that right.

In both communities, women hold cabinet-level and other senior
positions.  In the Turkish Cypriot sector, the Supreme Court
swore in its first female judge.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

There are organizations in both parts of the island that
consider themselves human rights groups, but they are generally
concerned with alleged violations against the rights of their
community's members by the other community.  Groups with a
broad human rights mandate include organizations promoting
awareness of domestic violence and others concerned with
alleged police brutality.

There are no restrictions preventing the formation of human
rights groups, and representatives of international human
rights organizations have access throughout the island.

The Government of Cyprus, which claims a number of Greek
Cypriots missing during the conflict of 1974, is still in the
process of submitting its outstanding cases to the United
Nations Committee on Missing Persons, although the rate of
presentation accelerated over the first 6 months of 1994.  For
their part, Turkish Cypriot authorities, who claim their own
missing persons dating from the intercommunal violence
beginning in l963, have submitted virtually all of their cases
to the U.N. Committee.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

Legislation in both communities provides for protection against
discrimination based on sex, national, racial, or ethnic
status, religion, or disability.

     Women

Throughout Cyprus, women generally have the same legal status
as men.  While legal provisions in both communities requiring
equal pay for men and women performing the same job are
effectively enforced, women disproportionately fill lower
paying jobs.

There are reports of spouse abuse, and the problem is believed
to be significant.  Throughout the island, a growing awareness
of domestic violence has led to attempts to pass laws to
safeguard the rights of abused spouses.  In the Greek Cypriot
community, a law enacted in July makes it easier for abused
spouses to make complaints to the police, broadens the
categories of evidence admissible in hearings on domestic
violence, and establishes a "family adviser," both to monitor
court cases and to facilitate counseling for the offender.  It
is widely thought that many suspected cases of domestic
violence do not reach the courts, largely because of family
pressure and the wife's economic dependence on her husband.  An
organization formed to address the problem of domestic abuse
reports an increasing number of daily calls over its hot line,
although hard statistics are not available.  Of the relatively
small portion of cases that are tried in the courts, virtually
none results in conviction:  Only 1 conviction was obtained in
the nearly 300 spouse abuse cases brought before the courts in
1994.

In the Greek Cypriot community, women face discrimination that
denies them the ability to pass on citizenship to their
children if they are married to foreign spouses.  Under
existing Cypriot law, only a Greek Cypriot father may transmit
citizenship to his children automatically or obtain expeditious
naturalization for his foreign spouse.

In the Turkish Cypriot community, efforts have focused on
improving the status of women in divorce proceedings,
particularly regarding the rights of women to obtain property
acquired during the period of marriage.  In general, divorce is
difficult for either party to obtain unless it is uncontested.

The Greek Cypriot community continues to focus on trafficking
in female prostitutes, and Parliament has held several hearings
on the subject.  While international trafficking in women,
mostly from Eastern Europe or the Far East, has diminished
because most of these women can now travel directly to their
final destinations rather than through Cyprus, they continue to
be brought as "cabaret artistes" into Cyprus.  The "artistes"
are sponsored by the cabaret owners or by agents.  However, to
date there have been few arrests since the women, fearing
retaliation by their employers, generally do not bring charges.
Forcing women into prostitution is against Republic of Cyprus
law.

There have been repeated credible reports that women from the
Far East, working in Cyprus as maids, have been forced to work
under inhumane circumstances.  For example, they have been
deprived of their passports and of their right to take Sundays
off, and in some instances they have not been paid.  These
women generally do not file complaints.

     Children

Both communities are committed to protect children's rights and
welfare within the context of total available resources.

     National/Racial/Ethnic Minorities

Both the Government of Cyprus and the Turkish Cypriot
administration have constitutional or legal bars against
discrimination.  Food, shelter, education, and health care are
available to members of both communities regardless of race,
religion, or ethnic background.  Nevertheless, Greek Cypriots
living in the north, predominantly in the Karpass area, are
unable to move about freely and to change their housing at
will.  Some Turkish Cypriots living in the government-
controlled area have claimed they are often harassed by the
Greek Cypriots, including the police.  According to some
allegations, they are kept under surveillance and questioned
closely about their movements.

     People with Disabilities

Physically or otherwise disabled persons have no special
protection against discrimination in private sector employment
in Cyprus, and traditional attitudes are slow to change.  In
the Greek Cypriot community, disabled persons applying for a
public sector position are entitled to preference if they are
deemed able to perform the required duties and their
qualifications equal those of other applicants.  In the Turkish
Cypriot community, regulations require businesses to employ
1 disabled person for every 25 positions they fill, although
enforcement is unreliable.  Disabled persons do not appear to
be discriminated against in education and the provision of
state services.  In the Greek Cypriot community, legislation
mandates that new public buildings and tourist facilities
provide access for the disabled.  The Turkish Cypriot community
has not to date enacted legislation to provide for such access.

Section 6  Worker Rights

     a.  The Right of Association

All workers in Cyprus, except for members of the police and
military forces, have the legal right to form and join trade
unions of their own choosing without prior authorization.  In
the Greek Cypriot community, police officers also have the
right to join associations which have the right to bargain
collectively, although not to strike.  More than 82 percent of
the Greek Cypriot work force belongs to independent trade
unions.  Approximately 50 to 60 percent of Turkish Cypriot
private sector workers and all public sector workers belong to
labor unions.

In the Turkish Cypriot community, union officials have alleged
that various firms have been successful in establishing
"company" organizations and then applying pressure on workers
to join these unions.  Officials of independent labor unions
have also accused the Turkish Cypriot authorities of creating
rival public sector unions to weaken the independent unions.
The International Labor Organization (ILO) has not yet acted
upon these complaints.  There are no complaints outstanding
against the Government of Cyprus.

In both communities, trade unions freely and regularly take
stands on public policy issues affecting workers and maintain
their independence from the Government.  Two of the major trade
unions, one in each community, are closely affiliated with
political parties.  Both of the remaining major unions are
independent.

All workers have the right to strike, and several strikes,
usually of short duration, took place in 1994.  In the northern
part of the island, however, a court ruling from 1978 gives
employers an unrestricted right to hire replacement workers in
the event of a strike, effectively limiting the effectiveness
of the right to strike.  Authorities of both the Greek Cypriot
and Turkish Cypriot communities have the power to curtail
strikes in what they deem to be "essential services," although
this right is rarely used.

Unions in both parts of Cyprus are able to affiliate with
international trade union organizations.

     b.  The Right to Organize and Bargain Collectively

By law, trade unions and confederations are free to organize
and bargain collectively throughout Cyprus.  This is observed
in practice in the Greek Cypriot community, and most wages and
benefits are set by freely negotiated collective agreements.
However, Greek Cypriot collective bargaining agreements are not
enforceable under the law.  In the rare instances when such
agreements are believed to have been infringed, the Ministry of
Labor is called in to investigate the claim.  If the Ministry
is unable to resolve the dispute, the union may call a strike
to support its demands.  In practice, however, such alleged
violations are extremely rare, and there were no reported
instances in 1994.

In the Turkish Cypriot community, where inflation exceeded 100
percent over the year, wage levels are reviewed twice a year
for the private sector and six times a year for public sector
workers and a corresponding cost-of-living raise is
established.  A special commission composed of five
representatives each from organized labor, employers, and the
authorities conducts the review.  Union leaders contend that
private sector employers are able to discourage union activity
because enforcement of labor and occupational safety
regulations is sporadic and penalties for antiunion practices
are minimal.  As in the Greek Cypriot community, parties to a
dispute may request mediation by the authorities.

Small export processing zones exist in Larnaca Port and
Famagusta, 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 of it were reported.

     d.  Minimum Age for Employment of Children

In both the Greek Cypriot and Turkish Cypriot communities, the
minimum age for employment of children in an "industrial
undertaking" is 16.  Turkish Cypriots may be employed in
apprentice positions at age 15.  However, in family-run shops
it is common to see younger children working.  Government labor
inspectors effectively enforce the law in both communities.

     e.  Acceptable Conditions of Work

The legislated minimum wage in the Greek Cypriot community,
which is reviewed every year, is currently about $380 per month
for beginning unskilled workers.  This amount is insufficient
to provide an adequate living for a worker and 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 significantly higher than the legislated minimum wage.

The legislated minimum wage in the Turkish Cypriot area, while
subject to frequent review because of high levels of inflation,
is approximately $90 per month at exchange rates as of
mid-1994.  This amount is not adequate to support a worker and
family, although most workers earn more than the minimum wage.

A significant percentage of the labor force consists of illegal
workers, mostly from Turkey.  According to some estimates,
illegal workers constitute as much as 25 percent of the total
work force in the area under Turkish Cypriot control.  There
are frequent allegations that such workers are subject to
mistreatment, including nonpayment of wages and threats of
deportation.

In the Greek Cypriot community, the standard workweek is an
average of 39 1/2 hours in the private sector.  In the public
sector, it is 37 1/2 hours during the winter and 35 hours in
the summer.  In 1992, however, Greek Cypriot unions won
concessions that will reduce the workweek by one-half hour per
year until 1997 when a 38-hour workweek will be in place for
most sectors of the economy.  In the Turkish Cypriot community,
the standard workweek is 38 hours in winter and 36 hours in
summer.  Government labor inspectors effectively enforce these
laws.

Greek Cypriot labor union leaders have complained that
occupational and safety standards lack important safeguards.
Factories are typically licensed by municipalities rather than
by the Government, resulting in an uneven application of
environmental and work safeguards.  Under a proposed law,
Cypriot occupational and safety standards will be brought up to
ILO- and European Union-mandated standards, including
protection of workers who refuse to work because of unsafe
conditions.  While the law was not enacted in 1994, virtually
all key participants in the decision supported the bill.

Occupational safety and health regulations are administered at
best sporadically in the Turkish Cypriot area.  In both areas,
a factory inspector processes complaints and inspects business
in order to ensure that occupational safety laws are observed.
Turkish Cypriot workers who file complaints do not receive
satisfactory legal protection and may face dismissal.