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FIFTH OPINION ON

CYPRUS

Adopted on 7 November 2019

X
ACFC/OP/V(2019)002

Published on 28 May 2020

Secretariat of the Framework Convention for the Protection of National Minorities


Council of Europe
F-67075 Strasbourg Cedex
France

www.coe.int/minorities
TABLE OF CONTENTS

SUMMARY OF THE FINDINGS ______________________________________________ 4


RECOMMENDATIONS _____________________________________________________ 5
Recommendations for immediate action _____________________________________________________ 5
Further recommendations ________________________________________________________________ 5
Follow-up to these recommendations ________________________________________________________ 5

MONITORING PROCEDURE ________________________________________________ 6


Preparation of the state report for the fifth cycle ________________________________________________ 6
Follow-up activities related to the recommendations of the fourth opinion of the Advisory Committee_______ 6
Country visit and adoption of the fifth opinion __________________________________________________ 6

ARTICLE-BY-ARTICLE FINDINGS ____________________________________________ 7


Scope of application (Article 3) _____________________________________________________________ 7
Right to self-identification (Article 3) _________________________________________________________ 7
Data collection through population census (Article 3) ____________________________________________ 8
Legal and institutional framework for combating discrimination (Article 4) ___________________________ 10
Equality data and measures to promote full and effective equality (Article 4) _________________________ 12
Support for the preservation and development of minority identities, languages and cultures (Article 5) ____ 13
Support and promotion of the identity and cultural heritage of the Armenian religious group (Article 5)_____ 14
Support and promotion of the identity and culture of the Latin religious group (Article 5) ________________ 14
Support and promotion of the identity, language and culture of the Maronite religious group (Article 5) ____ 14
Tolerance and intercultural dialogue (Article 6) _______________________________________________ 15
Policing and respect for human rights (Article 6) ______________________________________________ 16
Hate speech and hate crime (Article 6) _____________________________________________________ 17
Portrayal of minorities in the media (Article 6) ________________________________________________ 18
Religious education and the right to manifest one’s belief (Article 8) _______________________________ 19
Minority printed media and broadcasting (Article 9) ____________________________________________ 19
Use of minority and official languages (Article 10) _____________________________________________ 20
Intercultural education, research and knowledge about minorities (Article 12) ________________________ 21
Teacher training (Article 12) ______________________________________________________________ 21
Textbooks and teaching materials (Article 12) ________________________________________________ 22
Equal access to education (Article 12) ______________________________________________________ 22
Private educational and training establishments (Article 13) _____________________________________ 24
Teaching in and of minority languages (Article 14) _____________________________________________ 24
Effective participation in public affairs and decision-making processes (Article 15) ____________________ 25
Effective participation in socio-economic life (Article 15) ________________________________________ 25
Bilateral and multilateral co-operation (Articles 17 and 18) ______________________________________ 26
FIFTH OPINION ON CYPRUS / 4

SUMMARY OF THE FINDINGS


1. A general climate of tolerance prevails in Cyprus, in 5. The Advisory Committee welcomes progress in the
particular towards the three constitutionally recognised codification of the Cypriot Maronite Arabic language and
national minorities, i.e. the Armenian, Maronite and Latin considers that further steps should be taken to produce
(Roman Catholic) religious groups. Support for the textbooks and gradually extend its teaching to other
preservation of minority identities continues to be provided, educational levels. It regrets, however, that students
predominantly in the educational and cultural spheres. belonging to the Armenian minority cannot learn Armenian
Persons belonging to the Armenian, Maronite and Latin in upper secondary level.
religious groups continue to have influence on policy making
6. Other positive developments include free of charge
on subjects of relevance to them, essentially through their
publications and multimedia materials for the general public
representatives in the House of Representatives.
dedicated to each of the three religious groups, the overall
2. Despite the authorities’ official position that Cypriot support to the cultural heritage of the three religious groups
Roma are deemed to be members of the ‘Turkish Cypriot and their explicit mention in textbooks, as well as the
Community’ and therefore not formally recognised as a creation of cultural centres for the Maronite and Latin
‘national minority’ within the meaning of the Framework religious groups.
Convention, the Advisory Committee notes with satisfaction
7. The Advisory Committee welcomes the comprehensive
that, in practice, the Framework Convention is being applied
legal framework and existing data on hate crime and hate
on an-article-by-article basis to persons belonging to the
speech, the revision of the Police Code of Ethics, the
Gurbeti Roma community. The Advisory Committee has not
publication of a Manual on Human Rights for the police, as
been made aware of any other groups of persons seeking
well as the organisation of numerous training programmes
protection under the Framework Convention. At the same
on human rights and non-discrimination for police officers.
time, the Cypriot authorities have not made dedicated efforts
However, it regrets that no developments have taken place
to spread and increase knowledge about the Framework
since the last monitoring cycle to systematically gather
Convention and its objectives. As a consequence, even
disaggregated equality data and considers that a proper
amongst communities that could possibly benefit from its
evaluation of the performance of trained police officers
protection, there is little awareness about the Framework
would be needed to assess the effectiveness of such
Convention.
courses.
3. The Advisory Committee considers that exercising the
8. The Advisory Committee welcomes available offers of
right to self-identification remains problematic due to the
radio programmes for religious groups but notes a lack of
constitutional set-up of the Republic of Cyprus and lack of
similar TV programmes. The Advisory Committee also
effective consultation with religious and ethnic communities
considers that the current public media offer, both on radio
other than those recognised by the constitution; it however
and television, falls short of the needs of other religious and
welcomes the fact that a number of recommendations
ethnic communities, including Roma, to voice their culture,
formulated in its previous opinions and during the visit have
traditions, and views.
been taken into account by the authorities in the preparation
of the 2021 census questionnaire. This should help them to 9. Despite several positive measures introduced in the
obtain a more precise view on the diversity of Cypriot education sphere, persons belonging to the Gurbeti Roma
society. community remain socially and economically marginalised.
The Cypriot authorities have made efforts to engage directly
4. Since the last monitoring cycle, the Ombudsperson’s
with representatives of this community; so far this has not
Office has seen an increase of human and financial
led to a major improvement in their situation, in particular in
resources, and the possibility was given to this office to
the fields of housing and employment. The classification of
recruit staff according to its own criteria. The Advisory
Cypriot Roma as being part of the Turkish Cypriot
Committee considers that these positive developments
community has negative implications on their ability to
provide better conditions to ensure more timely examination
access and enjoy certain rights (see Articles 4, 12 and 15).
and treatment of discrimination-related complaints, including
Further research is needed regarding a numerically small
those submitted by persons belonging to religious groups
Greek-speaking Orthodox Roma community.
and ethnic communities, more ex officio investigations,
additional awareness-raising activities to reach out to groups
most exposed to discrimination and foreseen reporting
duties.
FIFTH OPINION ON CYPRUS / 5

RECOMMENDATIONS

10. The Advisory Committee considers that the present 17. The Advisory Committee calls on the authorities to
concluding remarks and recommendations could serve as further support Greek language programmes for non-Greek-
the basis for the resolution to be adopted by the Committee speaking residents and introduce literacy classes for Gurbeti
of Ministers with respect to the implementation of the Roma adults free of charge.
Framework Convention by Cyprus.
18. The Advisory Committee calls on the authorities to
11. The authorities are invited to take account of the detailed ensure that the right to education is guaranteed for all
observations and recommendations contained in the children belonging to national minorities and vulnerable
present opinion of the Advisory Committee. In particular, groups such as Gurbeti Roma, including by enforcing
they should take the following measures to improve further compulsory school attendance until the age of 15, in order
the implementation of the Framework Convention: to further reduce school absenteeism and early dropouts, in
particular among Roma children; to this end, it strongly
Recommendations for immediate action encourages the authorities to commission an independent
gender-sensitive study to assess the root causes of
12. The Advisory Committee urges the authorities to absenteeism and early school dropouts, involving members
implement their commitment to include the option of ‘multiple of the Roma communities and the competent authorities.
affiliation’ in the 2021 census and ensure that relevant state
officials and interviewees themselves are made aware of 19. The Advisory Committee calls on the authorities to
this option and that questions on ethnic and religious further invest, with adequate and structural state funding
affiliation remain non mandatory and open ended. along with external donors, in the inclusion of Gurbeti Roma
children in the educational system and to increase financial
13. The Advisory Committee urges the authorities to ensure support for Maronite and Latin students in private secondary
that complaints related to discriminatory treatment, including schools.
those submitted by, or on behalf of, persons belonging to
religious and ethnic communities, are examined and dealt 20. The Advisory Committee calls on the authorities to
with by the Ombudsperson’s Office in a reasonable time, consider the establishment of a state institution, with a clear
inter alia through ex officio investigations conducted within mandate, visibility and sufficient resources, to liaise with
its mandate, and that decisions are enforced by the public relevant entities and address effectively the needs of
authorities. national minorities, Roma communities, as well as other
groups not recognised under the constitution.
14. The Advisory Committee urges the authorities to further
increase financial support for teacher training in Armenian 21. The Advisory Committee calls on the authorities to
and Cypriot Maronite Arabic; it also urges the authorities to extend the possibility to intervene on all issues to the
support the teaching of Armenian at upper secondary level representatives of the three religious groups in the House of
and to consider creating a department for the Armenian Representatives.
language at university.
22. The Advisory Committee calls on the authorities to
15. The Advisory Committee urges the authorities to increase financial and human resources allocated to the bi-
develop, in close consultation with Roma representatives, communal Multiservice Centre in Limassol which supports
organisations and other relevant civil society actors, a Gurbeti Roma families and to carefully evaluate the impact
detailed action plan for the social inclusion of Roma and their of budgetary cuts for persons belonging to this community.
overall participation in socio-economic life, with clear
Follow-up to these recommendations
indicators, timetables, distribution of tasks and budgetary
allocations, with a view to improving in particular their living 23. The Advisory Committee encourages the authorities to
and housing conditions and developing tailor-made training organise a follow-up event after the publication of this fifth
programmes to promote the employment of Roma. cycle opinion. It considers that a follow-up dialogue to review
the observations and recommendations made in this opinion
Further recommendations1
would be beneficial. Furthermore, the Advisory Committee
16. The Advisory Committee reiterates its call to the stands ready to support the authorities in identifying the
authorities to ensure full implementation of the right to free most efficient ways to implement the recommendations
self-identification as protected by the Framework contained in the present opinion.
Convention and other international instruments.

1 The recommendations below are listed in the order of the corresponding articles of the Framework Convention.
FIFTH OPINION ON CYPRUS / 6

MONITORING PROCEDURE

Preparation of the state report for the fifth cycle Country visit and adoption of the fifth opinion
24. The state report was received on 1 February 2019 and 27. This fifth-cycle opinion on the implementation of the
reflects data provided by various ministries, public services Framework Convention for the Protection of National
and entities.2 The representatives of the Armenian, Maronite Minorities (hereinafter “the Framework Convention”) by
and Latin religious groups in the House of Representatives Cyprus was adopted in accordance with Article 26(1) of the
were consulted in its preparation. Other ethnic and religious Framework Convention and Rule 23 of Resolution (97)10 of
groups were not consulted. the Committee of Ministers. The findings are based on
information contained in the fifth state report,7 other written
25. In its letter to states parties dated 5 July 2018
sources, as well as information obtained by the Advisory
announcing the fifth monitoring cycle, the Advisory
Committee from governmental and non-governmental
Committee asked member states to pay particular attention
interlocutors during its visit to Nicosia, Larnaca and Limassol
to gender equality in their reporting. Unfortunately, few
from 8 to 11 July 2019. The Advisory Committee expresses
gender-related issues were addressed by Cyprus in its fifth
its gratitude to the authorities for their excellent co-operation
state report.3
before, during and after the visit, as well as to other
Follow-up activities related to the interlocutors met during the visit for their valuable
recommendations of the fourth opinion of the contributions.
Advisory Committee
***
26. The fourth opinion, the comments of the government
28. In the present opinion, a number of articles of the
and the Committee of Ministers’ Resolution
Framework Convention are not addressed. Based on the
CM/ResCMN(2016)8 are publicly available on the official
information currently at its disposal, the Advisory Committee
websites of the Office of the Law Commissioner4 and the
considers that the implementation of these articles does not
Ministry of the Interior.5 The fourth opinion of the Advisory
give rise to any specific observations. This statement is not
Committee, however, has only been published in English. It
to be understood as signalling that adequate measures have
was neither translated into nor published in Greek and
now been taken and that efforts in this respect may be
Turkish, the two official languages of the Republic of Cyprus.
diminished or even halted. Rather, the Advisory Committee
No follow-up event addressing specifically
considers that the obligations of the Framework Convention
recommendations of the fourth opinion of the Advisory
require a sustained effort by the authorities. Furthermore, a
Committee took place.6
certain state of affairs which may be considered acceptable
at this stage may not necessarily be so in further cycles of
monitoring. Finally, it may be that issues which appear at this
stage to be of relatively minor concern prove over time to
have been underestimated.
29. As in previous monitoring cycles, the Advisory
Committee focused, in preparing this opinion, on the actions
taken by the authorities to implement the Framework
Convention in areas under the effective control of the
Government of Cyprus.

2 For more details, see state report, para. 4. The Advisory Committee was informed during the visit that the Ombudsperson’s Office had not
contributed to the state report. The Advisory Committee wishes to recall that, as a public institution, this office is deemed to provide
information to the competent authority for the overall implementation of the Framework Convention and designated focal point by the
authorities, i.e. the Ministry of the Interior. The Ombudsperson sent written information after the visit.
3 See fifth state report, para. 66-67 (gender-focused training to primary and secondary school teachers provided by the Cyprus Pedagogical

Institute) and para. 80 (application of a gender-balance criterion for the Roma participants of a National Roma Platform meeting organised
by the Social Welfare services).
4 See Website of the Office of the Law Commissioner.
5 See Website of the Ministry of the Interior (only published in English).
6 Para. 8 of the state report only mentions a series of events of a cultural nature organised by the Office of the Presidential Commissioner

with the Armenian, Maronite and Latin religious groups.


7 See fifth state report.
FIFTH OPINION ON CYPRUS / 7

ARTICLE-BY-ARTICLE FINDINGS

Scope of application (Article 3) there is a legitimate ground to differentiate access based on


citizenship.15 It also wishes to recall that “[c]itizenship is not
30. Cyprus has maintained its approach as regards the
a basis upon which a priori to exclude the enjoyment of
personal scope of application of the Framework Convention.
minority rights. Indeed, both the philosophy and international
As specified in the state report8 and during the visit, the term
law of human rights confer minority rights on the bases of
‘national minorities’ within the meaning of the Framework
specific differentiated needs and desires which relate to all
Convention is understood to designate citizens of the
human beings within the jurisdiction of the State, precisely
Republic of Cyprus belonging to the Armenian, Maronite and
in contradiction to the citizen/alien distinction”.16
Latin (Roman Catholic)9 religious groups who, at the time of
establishment of the Republic of Cyprus in 1960, opted by 34. Nevertheless, the Advisory Committee welcomes the
an overwhelming majority to be part of the Greek overall flexible approach to the scope of application of the
community10 (hereinafter “religious groups”).11 Framework Convention which facilitates access to rights
contained in the Framework Convention of persons
31. Albeit the authorities recalled in the state report and
belonging to religious groups and to certain rights of the
during the visit that the Cypriot Roma were deemed to be
Roma, on an-article-by-article basis.
members of the ‘Turkish Cypriot Community’12 and therefore
not formally recognised as a ‘national minority’ in the 35. The Advisory Committee encourages the authorities to
legislation nor within the meaning of the Framework continue to pursue an inclusive approach in relation to
Convention, the Advisory Committee notes with satisfaction persons belonging to groups who are not officially
that, in practice, the Framework Convention is being applied recognised as national minorities but can benefit from the
on an-article-by-article basis to persons belonging to the protection offered by the Framework Convention and to
Gurbeti Roma13 community and that, accordingly, the state report about them on an article-by-article basis.
report provides information about this community.
36. The Advisory Committee invites the authorities to
32. The Advisory Committee has not been made aware actively raise awareness of the protection offered by the
either during the visit, or on other occasions, of any other Framework Convention via the organisation of meetings on
groups of persons seeking protection under the Framework specific provisions and the dissemination of information
Convention.14 At the same time, the Cypriot authorities have related to the Framework Convention in the country’s official
not made dedicated efforts to spread and increase languages.
knowledge about the Framework Convention and its
Right to self-identification (Article 3)
objectives. The opinions of the Advisory Committee are also
not made public in official languages on official websites. As 37. The 1960 Constitution of the Republic of Cyprus
a consequence, even amongst communities that could establishes a bi-communal system, carefully elaborated to
possibly benefit from its protection, there is little awareness distribute political powers between the “Greek Community”
about the Framework Convention. and the “Turkish Community”. As a result, all citizens of
Cyprus must belong to either of the two communities17 in
33. As regards the limitation of the scope of application to
Cypriot citizens, the Advisory Committee wishes to reiterate
its general viewpoint that the application of a citizenship
requirement may have a restrictive and discriminatory effect
and should therefore be avoided in favour of an inclusive
approach that reflects for each right separately whether

8 See fifth state report, para. 5.


9 Whilst ‘Latin’ is officially used in the constitution, the Latin community prefers to be called ‘Roman Catholics’ (see first opinion of the
Advisory Committee on Cyprus adopted on 6 April 2001, para. 20). This should be the meaning behind the use of ‘Latins’ in this opinion.
10 In accordance with Article 2(3) of the Constitution of the Republic of Cyprus.
11 In 1960, a ‘religious group’ referred to “a group of persons ordinarily resident in Cyprus professing the same religion and either belonging

to the same rite or being subject to the same jurisdiction thereof, the number of whom, on the date of the coming into operation of this
Constitution, exceeded one thousand out of which at least five hundred become on such date citizens of the Republic”. It was explained to
the Advisory Committee that, despite its historical presence in Cyprus for hundreds of years, the Jewish community was not considered as
a religious group in 1960 because the total number was then estimated at 120 due to the fact that many Jews had left Cyprus when the
State of Israel was created in 1948.
12 See state report, para. 43. In para. 99, the authorities also recalled their position that “Turkish Cypriots are one of the two communities of

Cyprus, according to the Constitution of the Republic of Cyprus, and can by no means be considered as a national minority”.
13 Turkish-speaking Roma in Cyprus self-identify as Gurbeti, hence the use of ‘Gurbeti Roma’ in the opinion to designate this group.
14 During the visit, the Advisory Committee was informed by the Chief Rabbi of the Jewish community that, due to the existing constitutional

provisions, persons belonging to this group were neither seeking official recognition as a national minority or religious group, nor interested
to fall under the protection of the Framework Convention.
15 ACFC Thematic Commentary No. 4, The Framework Convention: a key tool to managing diversity through minority rights. The scope of

application of the Framework Convention for the Protection of National Minorities, adopted on 27 May 2016, para. 29.
16 Venice Commission Report on non-citizens and minority rights, adopted at its 69th plenary session (15-16 December 2006), para. 84.
17 Until today, all new citizens have to opt to belong to one of the two communities within three months upon acquisition of Cypriot nationality

as per Article 2(4) of the Constitution.


FIFTH OPINION ON CYPRUS / 8

order to exercise their civil duties and enjoy their political life, even when not related to the exercise of political rights
rights, such as the right to vote.18 and when not strictly called for by the constitution, does not
adequately make allowance for the diversity of Cypriot
38. While the Armenian, Maronite and Latin religious groups
society and, moreover, appears to create, on occasions,
opted in 1960 to affiliate with the Greek Cypriot community,
practical difficulties.23
the Advisory Committee was informed that, at the time,
persons belonging to the Cypriot Roma communities were 42. The Advisory Committee recalls that the right to free
not asked to opt to affiliate with either community but were self-identification, as enshrined in Article 3 of the Framework
included in the Cypriot Turkish community since most of the Convention, is of cardinal importance and constitutes the
Cypriot Roma were (and still are) Turkish speaking and cornerstone of international protection of minorities.24
Muslims.19
43. The Advisory Committee observes that the strict
39. At this point, the Advisory Committee wishes to constitutional division of Cypriot society into two
emphasise that it was informed about the existence of a communities continues to interfere with the right of
numerically small Christian Orthodox Greek-speaking Roma individuals, including women,25 to freely self-identify, an
community in Larnaca, known as Mantes or Mantides. acknowledged human right, and one of the main principles
Although the Advisory Committee did not meet members of underlying minority protection,26 and reiterates its concern
this group during the visit, according to some of its that this may encourage ethno-centric sentiments that are
interlocutors, persons belonging to this group seem to be not conducive to the formation of a cohesive and integrated
largely assimilated into the Greek-speaking Cypriot society in line with the principles and values of the
community. Its mere existence, however, indicates that Framework Convention (see Tolerance and intercultural
there are in fact not one but two Roma communities living in dialogue under Article 6 below).
Cyprus with distinct linguistic, cultural and religious features
44. The Advisory Committee reiterates its call to the
and that the Christian Orthodox Greek-speaking Roma
authorities to ensure full implementation of the right to free
community cannot be regarded as part of the Turkish Cypriot
self-identification as protected by the Framework
community as per Article 2(2) of the Constitution.20
Convention and other international instruments.
40. Furthermore, at least for the Armenian and the Maronite
Data collection through population census
communities, the categorisation ‘religious group’ provided
(Article 3)
under the constitution is too restrictive since the distinctive
characteristics of persons belonging to either groups are not 45. According to state authorities, the next population
limited to religion. During the visit, members of the Armenian census will be conducted in 2021 by means of personal
minority indicated to the Advisory Committee that what interviews with all residents in areas under the effective
distinguishes them is, first of all, the Armenian language21 control of the Government of Cyprus, and census
and therefore they would prefer to be referred to as a interviewers will be recruited and trained specifically for this
national or ethnic minority rather than a religious group.22 purpose.
41. While the Advisory Committee acknowledges the 46. During the visit, representatives of the Statistical Service
specific constitutional set-up of the Republic of Cyprus which of Cyprus (CYSTAT) informed the Advisory Committee
has an impact on all spheres of the Cypriot legal order, it about the envisaged structure of the census questionnaire.
reiterates its position that the classification of citizens into Taking into consideration several recommendations of the
either Greek Cypriots or Turkish Cypriots in all spheres of

18 However, according to interlocutors of the Advisory Committee, the right to vote at elections continues to be applied differently: Turkish
Cypriots need first to register on the electoral roll, whilst Greek Cypriots are automatically registered. Identity cards are sufficient for Greek
Cypriots to vote, but not for Turkish Cypriots. The Administrative Court of Cyprus in its judgment from 25 July 2018 on the cases submitted
in 2014 by Sener Hassan Elcil and others found that the authorities are justified in using their discretion to demand Turkish Cypriots to follow
a different procedure in order to be able to vote. According to the same interlocutors, in the 2019 European elections, again many Turkish
Cypriots were unable to vote due to insufficient information about the procedure of prior registration in the electoral rolls.
19 See Nicos Trimikliniotis and Corina Demetriou, The Cypriot Roma and the Failure of Education: Anti-Discrimination and Multiculturalism

as a Post-accession Challenge, in ‘The minorities of Cyprus: Development Patterns and the Identity of Internal-Exclusion’, Cambridge 2009.
[In 1960] “The Roma were not considered at all; the uncertainty about their numbers, their life-style and the fact that most were Turkish-
speaking (and Muslim), and only a few were Greek-speaking (and Christian) who were gradually ‘assimilated’, presumably made matters
complicated in granting a ‘religious group’ status. They were certainly never politically organised and, on the whole, have always belonged
to the poorer sections of the population, never wielding economic power.”
20 See Article 2(2) of the Constitution which states: “the Turkish Community comprises all citizens of the Republic who are of Turkish origin

and whose mother tongue is Turkish or who share the Turkish cultural traditions or who are Moslems.”
21 In the present opinion, ‘Armenian language’ refers to the Western standardised modern literary form of the language spoken by Armenians

in Cyprus. The ‘Eastern Armenian’ form is spoken, inter alia in Armenia.


22 See first opinion of the Advisory Committee on Cyprus adopted on 6 April 2001, para. 19, for a similar position expressed by the Maronites.
23 See fourth opinion of the Advisory Committee on Cyprus adopted on 18 March 2015, para. 14.
24 ACFC Thematic Commentary No. 4, para. 9-10.
25 Article 2.7 (a) of the Constitution of the Republic of Cyprus explicitly limits the self-identification of women, stipulating that “a married

woman shall belong to the Community to which her husband belongs”.


26 See, inter alia European Court of Human Rights Grand Chamber judgment in the case of Molla Sali v. Greece, no. 20 452/14, para. 157,

19 December 2018; and UN CERD (1990), General recommendation VIII Concerning the Interpretation and Application of Article 1,
Paragraphs 1 and 4 of the Convention Identification with a Particular Racial or Ethnic Group.
FIFTH OPINION ON CYPRUS / 9

Advisory Committee’s fourth opinion27 and of the United is an essential condition for implementing effective policies
Nations Economic Commission for Europe,28 several and measures to protect persons belonging to national
scenarios to collect population data have been examined by minorities and for helping to preserve and assert their
the authorities. The Advisory Committee was informed that identity. Therefore, the opportunity to express multiple
a question on ethnic/religious groups will be asked to all affiliations should be provided explicitly and the respective
those who have resided in Cyprus for the last 12 months, data adequately processed, analysed and displayed, in
and therefore no longer only to Cypriot citizens, as was the particular when they are used as the basis for the
case in the 2011 census.29 Furthermore, the option of ‘other’ applicability of minority rights.33 The possibility to indicate
in the new questionnaire where the respondent can freely multiple responses to questions related to languages used
self-declare his/her ethnicity and religion has been positively in daily communications should be provided. Furthermore,
considered, and, importantly, the affiliation ‘Roma’ minority representatives should be consulted on the
introduced.30 organisation and operation of such data collection
processes.34
47. During the visit, interlocutors from the Gurbeti Roma and
Armenian communities indicated to the Advisory Committee 49. Given the high level of ethnic, linguistic and religious
that they would welcome the possibility to be able to opt for heterogeneity in Cypriot society, both traditionally and owing
multiple affiliations in the census questionnaire. Members of to immigration in recent decades or mixed marriages, the
the Armenian community also insisted that census Advisory Committee considers that the possibility to declare
interviewers be properly trained to avoid repeating situations multiple affiliations may allow for a more fact-based
that allegedly took place in 2011 when certain census understanding of the make-up of society in statistical data
interviewers excluded some questions on their own initiative collection exercises. It may also constitute a positive step in
or answered the question on ethnic/religious affiliation the formation of a common civic identity which is shared by
themselves based on visible or linguistic characteristics of all Cypriot residents irrespective of their background. The
the interviewee.31 They also expressed the wish to be Advisory Committee understands from the authorities that
consulted by the authorities on the census questionnaire this will be the case.
prior to its finalisation. The Advisory Committee recalls that
50. For reasons of clarity, the Advisory Committee also
the association of persons with a specific group based on
wishes to stress that questions on ethnicity and religion
visible or linguistic characteristics or on presumption without
should be non-mandatory and open ended35 and the
their consent is not compatible with the standards of the
possibility not to respond should also be guaranteed in the
Framework Convention.32
census questionnaire36 in accordance with international
48. The Advisory Committee recalls that reliable information standards.37
about the ethnic and linguistic composition of the population

27 Fourth opinion of the Advisory Committee on Cyprus, para. 12.


28 See UNECE recommendations of the Conference of European Statisticians Recommendations for the 2020 Censuses of Population and
Housing, “Ethno-cultural characteristics” which specifically refers to ‘ethnicity’, ‘religion’ and ‘language’, para. 701-712, pages 149-150
United Nations Economic Commission for Europe, New York and Geneva, 2015.
29 The questionnaire used in the context of the 2011 population and housing census contained a question to Cypriot citizens related to

‘ethnic/religious group’ where the ‘head of household’ or another adult member of the household had to choose from a closed list of five
possible responses: Greek Cypriot, Armenian, Maronite, Latin, or Turkish Cypriot. According to data available, there are 5 000 Maronites
(75% live in Nicosia, 15% in Limassol and 5% in Larnaca); 3 500 Armenians (60% live in Nicosia, 20% in Larnaca, 15% in Limassol and 5%
in Paphos); and 2 300 Latins (50% live in Nicosia, 35% in Limassol, 10% in Larnaca and 5% in Paphos).
30 So far, official records of the Roma population of the Republic of Cyprus do not exist. In an interview published in 2015 (Cyprus: the

Roma, standing for what they are! 22.08.2015 - Pressenza Hong Kong, Prof. Chryso Pelekani estimated the number of Cypriot Gurbeti
Roma between 1 000-1 500. Most of them are settled in the towns of Famagousta, Morphou and Trikomo located in areas which are not
under the effective control of the Government of Cyprus, whilst 450 Cypriot Gurbeti Roma are living in the towns of Limassol (>250) and
Paphos (>200). In para. 51 of its fifth report on Cyprus (adopted on 17 March 2016 and published on 7 June 2016), ECRI reported a more
recent governmental estimate of 650 Roma living in areas under the effective control of the Government of Cyprus. According to 2012 data
of the Ministry of the Interior, “the number of Cyprus Roma in the government-controlled areas is estimated between 650 and 700 and the
number for Roma migrants including Roma related groups (Sinti, Travellers) present in Cyprus cannot be estimated” (fourth state report
received on 29 April 2014, para. 35). In 2003, Marsh and Strand argued in ‘The Gypsies of Cyprus 1322-2003’ that their number could reach
2 000-3 000 people, resulting from the annual influx of Anatolian Roma.
31 As an example, during the visit, a representative of the Armenian community explained that when he was visited by an interviewer, the

latter omitted to ask him about his self-affiliation and ticked the box ‘Greek Cypriot’ on the sole basis that he was speaking fluent Greek. If
this Armenian representative had not been aware of the 2011 census questionnaire and not had this corrected by the interviewer, his
ethnic/religious affiliation would have been wrongly reported.
32 ACFC Thematic Commentary No.3, The Language Right of Persons belonging to National Minorities under the Framework Convention,

adopted on 24 May 2012, para. 17.


33 ACFC Thematic Commentary No. 4, para.16.
34 Ibid, para.17.
35 Following the visit, the authorities indicated that the option ‘Other (specify)’ will be included under the question on ethnicity in the 2021

census questionnaire. They also indicated that the possibility of multiple affiliation will be proposed.
36 The authorities have indicated that questions on ethnicity and religion will be optional in the electronic system ‘Blaise’. For more information

see the Blaise data entry system.


37 See para. 707 on page 150 of UNECE recommendations of the Conference of European Statisticians Recommendation for the 2020

Censuses of Population and Housing”.


FIFTH OPINION ON CYPRUS / 10

51. Overall, the Advisory Committee is pleased to note affiliation’ in the 2021 census and ensure that relevant state
developments related to the preparation of the 2021 census officials and interviewees themselves are made aware of
but believes that further improvement is possible. Based on this option and that questions on ethnic and religious
information made available, it suggests three further affiliation remain non mandatory and open ended.
modifications to the census questionnaire. Firstly, under the
55. The Advisory Committee encourages the authorities to
question about ethnic affiliation, the category ‘Roma’ should
consult representatives of religious groups and ethnic
be inserted under ‘citizens’ rather than under ‘foreigners’ as
communities prior to the finalisation of the 2021 census, as
was previously the case. Secondly, rather than using the
well as select and train census interviewers from persons
more generic term ‘Roma’, the term ‘Gurbeti Roma’ should
belonging to national minorities and Turkish-speaking
be used in the questionnaire.38 Thirdly, bearing in mind the
persons, such as Gurbeti Roma.
existence of a numerically small Christian Orthodox Greek-
speaking Roma community, the Advisory Committee Legal and institutional framework for combating
considers that it would be even more appropriate to use discrimination (Article 4)
‘Gurbeti/Roma’ as a single entry or ‘Gurbeti’ and ‘Roma’ as
two separate entries in the census questionnaire so as to 56. Law 12/1967 (as modified by Law 11(III)/1992 and by
accommodate all possibilities of self-identification in the Law 28(III)/1999) is the law transposing into national law the
questionnaire and reflect the existence of two Roma United Nations International Convention on the Elimination
communities in Cyprus. of All Forms of Racial Discrimination. Its Section 2A(1)
penalises public incitement (orally or through the press,
52. The Advisory Committee underlines the importance of documents, pictures or any other means) to acts likely to
training for census interviewers to avoid situations where cause discrimination, hatred or violence against persons or
they take initiatives to collect data which are neither a groups on account of their racial or ethnic origin or religion
personal choice nor a reflection of the self-identification of (see also Hate speech and hate crime under Article 6
the interviewees. According to its interlocutors, if only one below). Such acts risk imprisonment of up to two years or a
reference person from a given household is asked to provide fine of up to 1 000 pounds39 or both.
information for the census on behalf of all household
members, this may lead in practice to one-sided or 57. Law 59(I)/2004 on Equal Treatment (Racial or Ethnic
inaccurate replies. Origin) and Law 58(I)/2004 on Equal Treatment in
Employment and Occupation together prohibit
53. In addition, bearing in mind that not all individuals living discrimination on the grounds of racial or ethnic origin,
in areas under the effective control of the Government of religion or belief, disability, age and sexual orientation.40 The
Cyprus are fluent in Greek, e.g. elderly people from the Advisory Committee considers these laws should be
Turkish-speaking Gurbeti Roma community, the Advisory amended to include the prohibition of segregation,
Committee considers that census interviewers should be discrimination by association, announced intention to
able to communicate effectively with Turkish-speaking discriminate and inciting or aiding another to discriminate, as
persons. Having in mind the above and considering the well as the duty of public authorities to promote equality and
mistrust that members of the Gurbeti Roma community may to prevent discrimination in carrying out their functions, in
have in some state institutions and their sometimes isolated particular on national, ethnic or religious basis.41
places of residence, it could be considered to train Turkish-
speaking persons, including members of the Gurbeti Roma 58. The Commissioner for Administration and Human
community, as census interviewers. Rights (hereafter the “Ombudsperson”)42 acts under
different capacities: either as the Commissioner for
54. The Advisory Committee urges the authorities to Administration and Human Rights or as the head of the
implement their commitment to include the option of ‘multiple Cyprus Equality Body,43 the latter comprising two separate

38 This reflects the preference indicated by interlocutors from the Gurbeti Roma community met by the Advisory Committee during the visit
who do not self-identify as Roma. Instead of ‘Gurbeti’ which has been preferred in this opinion, one finds also the spelling ‘Gurbeties’,
‘Kurbet’, ‘Kurbeti’ or ‘Kourbetes’ to designate this Roma group. According to Prof. Chryso Pelekani, “The group term Gurbet has its origin in
Arabic and reached Romani through the Turkish language. It means “foreigners” or “foreign work”. They are Muslims and they speak both
Cypriot Turkish dialect and Gurbetcha (Cypriot language variation). They call themselves “Gurbet” and their language “Gurbetcha” ...
Gurbetcha is a non-Romani language (Para-Romani) adopted by Turkish Cypriots Roma-Gurbeties. They have no structural features of
Romani at all. They take only the vocabulary from Romani. They follow Cypriot Turkish grammar” (source: Cyprus: the Roma, standing for
what they are! 22.08.2015 - Pressenza Hong Kong).
391 000 pounds are equivalent to €1 362, now used in Cyprus.
40 As compared to ECRI’s GPR No. 7 (revised), the grounds of colour, language and citizenship are missing. Article 28(2) of the Constitution

of the Republic of Cyprus refers to colour and language, among other non-exhaustive grounds, but only in respect of the rights and liberties
provided for in the constitution.
41 The Advisory Committee notes that the European Commission against Racism and Intolerance (ECRI) had the opportunity in 2016 to

examine developments in depth while drawing up its fifth report on Cyprus (adopted on 17 March 2016 and published on 7 June 2016). The
Advisory Committee refers to ECRI’s detailed findings and recommendations in this regard, in particular its third recommendation.
42 The Ombudsperson is appointed by the President of the Republic, at the suggestion of the Council of Ministers, and with the agreement

of the majority of the House of Representatives.


43 The Cyprus Equality Body was set up in compliance with Article 13 of the Council Directive 2000/43/EC of 29 June 2000 implementing

the principle of equal treatment between persons irrespective of racial or ethnic origin. It is an independent quasi-judicial body which hears,
investigates and decides on individual instances of discrimination brought before it. It is empowered to issue binding decisions or make
recommendations and impose small fines (not exceeding €350).
FIFTH OPINION ON CYPRUS / 11

authorities, namely the Cyprus Anti-discrimination Body44 of anti-discrimination, in particular on national, ethnic and
and the Equality Authority.45 The Ombudsperson ensures religious grounds. It heard concerns that, despite the
legality, promotes good governance, combats existing legislation, complaints submitted on behalf of the
maladministration in the public administration and ensures alleged victims themselves might not always be treated.
the protection of human rights and equal treatment.46 The Furthermore, the Ombudsperson has been reproached by
Ombudsperson is empowered to combat direct and indirect these interlocutors neither to have carried out
discrimination on the grounds of community, race, language, communication activities or actions aimed at supporting
colour, religion, national or ethnic origin and sexual vulnerable groups, nor issued any publications, annual
orientation.47 reports or recommendations on discrimination issues since
2017, as well as to repeatedly prioritise the media’s right to
59. When acting as Commissioner for Administration and
freedom of expression above combating discrimination.
Human Rights, the Ombudsperson has the competency to
investigate complaints48 against actions and/or lack of action 62. After the visit, the Advisory Committee received a
of any public service49 or public official exercising an summary of 16 reports from the Ombudsperson and of two
executive or administrative function, violating human rights intervention letters to the Ministry of Health and the Ministry
or in contravention of the applicable laws and/or rules50 and of the Interior respectively containing specific
transmits to the public authorities concerned reports with recommendations. The Advisory Committee notes that
suggestions or recommendations that are not binding. 51 these documents, as well as the mediatory action of the
Ombudsperson over the reporting period (2014-2019) did
60. When acting as the Equality Body, Law 42(I)/2004 on
not concern specifically groups covered by the Framework
Combating of Racism and Other Discrimination
Convention.55 In addition, the Advisory Committee was
(Commissioner) extends the Ombudsperson’s competences
informed that the Ombudsperson’s 2017 annual report was
to the private sector and gives him/her additional powers for
submitted to the President and the House of
combating discrimination by issuing orders or imposing
Representatives and published in Greek, and that the 2018
fines52 against a culprit under certain criteria.53 His/her
annual report was being drafted (see also Equality data
decisions are also binding. Furthermore, he/she can advise
under Article 4 below).
on what measures must be implemented, in order for the
discriminatory behaviour/practice to cease and set a certain 63. The Advisory Committee observes with satisfaction that
time frame by which this should be achieved. The as a follow-up to recommendations from its previous
Ombudsperson can start an investigation either by order of opinion,56 the human and financial resources of the
the Council of Ministers or ex officio on matters of general
interest. Alternatively, the Ombudsperson may exercise a
mediating role and, in co-operation with the relevant
authority, succeed in resolving the issue, without submitting
a report to the administrative entity concerned.
61. The Advisory Committee was informed by several
interlocutors about some controversies54 as regards the
interpretation of the Ombudsperson’s mandate in the area

44 The Cyprus Anti-discrimination Body acts, in addition to Law No.42(I)/2004, on the provisions of the Equal Treatment regardless of Race
or Ethnic Origin Law (L.59(I)/2004) and handles claims regarding discrimination in relation to access and supply of goods and services,
social security and social protection schemes, education and health care.
45 The Equality Authority acts, in addition to Law 42(I)/2004, according to the provisions of the Equal Treatment of Women and Men in

Occupation and Vocational Training Law (L.205(I)/2002) and the Equal Treatment in Occupation and Employment Law (L.58(I)/2004). It
handles claims regarding discrimination in the workplace, conditions for access to employment, self-employment and occupation, working
conditions (including dismissal and pay) and membership or/and involvement in an organisation of workers and employers. It also deals
with gender issues in all fields.
46 See website of the Ombudsperson.
47 Only the ground of citizenship is missing from ECRI GPR No. 7.
48 Complaints can be filed by a physical person or a legal entity, including associations, trade unions, political parties and any other organised

groups. The Commissioner for Administration does not consider complaints concerning private disputes, actions regarding which there is a
pending process before a court or a pending examination of the actions before another instance, disciplinary or penal offences, general
government policy and the actions of a minister or a member of the Council of Ministers. The complaint must be filed within twelve months
since the applicant became aware of the actions or omissions in question.
49 See the list of public services subject to the control of the Ombudsperson.
50 Article 5(1) (a) of the Law on the Commissioner for Administration and the Protection of Human Rights from 1991.
51 The Ombudsperson, however, is allowed to consult the implicated authority in an attempt to find a way for the authority to adopt the

Ombudsperson’s positions and comply with them on a practical level.


52 Article (17)1 of Law 42(I)2004.
53 These criteria are defined in Articles 14(2), 14(3)(a) and 14(3)(b) of Law 42(I)2004.
54 For details, see 17 May 2018 news report from the European network of legal experts in gender equality and non-discrimination.
55 It is however worth noting that the Ombudsperson, as an Equality Body, submitted on 13 January 2017 a report to the Minister of Justice

and the Chief of the Police recommending the adoption of a legislative provision for the prohibition of acts of ethnic profiling during police
checks, the circulation among the police officers of relevant guidelines and their training on the subject.
56 Fourth opinion of the Advisory Committee on Cyprus (para. 20), as well as the summary of ECRI fifth report on Cyprus (adopted on 17

March 2016 and published on 7 June 2016), page 9.


FIFTH OPINION ON CYPRUS / 12

Ombudsperson’s Office57 have improved,58 even though the recognised national minorities and other groups most
overall human resources capacity of this institution remains exposed to discrimination and who have a poor command of
insufficient in view of its importance and multiple functions. the Greek language.
64. Furthermore, the Advisory Committee regrets that the
68. The Advisory Committee invites the authorities to
Ombudsperson does not have yet the power to start or
pursue their efforts to further enhance the human capacity
participate in court proceedings, if his/her decisions are not
of the Ombudsperson’s Office and to upgrade the
abided by,59 nor does the Ombudsperson, as an equality
Ombudsperson’s status so as to fulfil its multiple functions
body, has the authority to decide on and reward
effectively, in particular in relation to minorities and groups
compensation for damages. The Advisory Committee takes
most exposed to discrimination.
note, however, that authorities are considering a gradual
upgrading of its status as a National Human Rights Equality data and measures to promote full and
Institution (NHRI).60 effective equality (Article 4)
65. The Advisory Committee observes that the 69. The Statistical Service of Cyprus does not gather
Ombudsperson is the most relevant point of contact and disaggregated equality data62 apart from demographic data
complaints mechanism for persons belonging to national collected through population censuses.63
minorities if they seek remedy for alleged discrimination.61 It
therefore wishes to stress the importance of ensuring that 70. During the monitoring cycle 2014-2019, the
no members of religious groups or ethnic communities are Ombudsperson received 14 142 complaints in total, out of
discouraged from filing complaints. The Advisory Committee which 445 as the Equality Body. The number of
also considers that a lack of systematic treatment of replies/decisions was 13 244, of which 653 as an Equality
complaints submitted by persons other than the alleged Body.64 In addition, a total of 40 ex officio investigations have
victims themselves could lead to the denial of protection to been carried out by the Ombudsperson.65 (For data provided
those victims of discrimination, harassment and hate speech by the police, see Policing and respect for human rights
who choose to remain unnamed or are unidentified, or under Article 6 below).
victims who are too vulnerable and socially excluded to file 71. Furthermore, the Advisory Committee was informed that
complaints themselves (such as the Gurbeti Roma who are despite a previous recommendation66 to have courts
also often illiterate and do not speak Greek). classifying discrimination cases and keeping statistics
66. The Advisory Committee urges the authorities to ensure concerning discrimination, no developments have taken
that complaints related to discriminatory treatment, including place. The electronic system of the Supreme Court for filing
those submitted by, or on behalf of, persons belonging to cases is not yet operational; cases are still filed manually.
religious and ethnic communities, are examined and dealt 72. The Advisory Committee has constantly emphasised the
with by the Ombudsperson’s Office in a reasonable time, importance of regularly collecting reliable and disaggregated
inter alia through ex officio investigations conducted within equality data related to the number and situation of persons
its mandate, and that decisions are enforced by the public
authorities.
67. The Advisory Committee calls on the authorities to
increase awareness about existing legal remedies, targeting

57 See state report, para. 45-47; see also positive developments mentioned in ECRI Conclusions on the implementation of the
recommendations in respect of Cyprus subject to interim follow-up (adopted on 3 April 2019 and published on 6 June 2019).
58 The Advisory Committee was informed that four additional staff members have recently been recruited and two more staff should join the

Ombudsperson’s Office in the near future (a request was made for three). The budget has been increased and will be allocated separately
for each of the Ombudsperson’s mandates. Candidates applying for a job in the Ombudsperson’s Office no longer have to pass the general
competition for public servants but tailored written and oral exams. The Ombudsperson’s recommendation, as member of the recruitment
jury, is now decisive.
59 ECRI fifth report on Cyprus, para. 17.
60 In November 2015, the Ombudsperson was accredited as a National Human Rights Institution with B status, under the Paris Principles

relating to the Status of National Institutions adopted by General Assembly resolution 48/134 of 20 December 1993.
61 “For the citizens in particular, the Commissioner for Administration [Ombudsperson] constitutes perhaps the most powerful means of

safeguarding their rights and of supporting their claims, as the Commissioner’s [Ombudsperson’s] activity is turned against any arbitrary act
and abuse of power by organs of the state and the services exercising public administration” (extract from the Website of the Office of
the Commissioner for Administration).
62 Equality data include, inter alia qualitative studies, surveys, interviews, and anonymous testing. For more information on what is expected

in terms of equality data, see European Handbook on Equality Data (2016 revision); Equality data indicators: Methodological approach
Overview per EU Member State Technical annex published by the European Commission in 2017.
63 The authorities indicated in the state report, para. 49, that they also “do not conduct any specific surveys to evaluate the impact of various

policy measures aiming at the promotion of equality”.


64 This higher number is explained by replies/decisions concerning complaints covered by previous years. The average time for the

investigation of a complaint is 18 months.


65 None of these 40 ex officio investigations the three recognised religious groups or Roma. An ex officio investigation concerning Muslim

residents and their place of worship in Paphos was however conducted in 2018 by the Ombudsperson in her capacity of Equality Body.
66 See footnote 13 of the fourth opinion of the Advisory Committee on Cyprus, page 10. See also the comments of the Government of

Cyprus on the fourth opinion of the Advisory Committee, received on 25 September 2015, para 8 on page 5.
FIFTH OPINION ON CYPRUS / 13

belonging to national minorities67 so as to better evaluate the 78. Whilst expressing their gratitude to the authorities for
impact of policies and measures affecting these groups. their support, some members of religious groups at grass-
roots level expressed concerns about the lack of information
73. The Advisory Committee therefore regrets that no
about mid- or long-term strategic planning regarding the
developments have taken place to systematically gather
preservation and development of their identities, languages
disaggregated equality data in line with international
and cultures, as well as about a lack of transparency and
standards since the last monitoring cycle.
consistency in the allocation of funds to their communities;
74. The Advisory Committee reiterates its call to the they would prefer to be consulted about the comprehensive
authorities to systematically collect ethnic and gender vision and financial plans for the entire triannual state
disaggregated data in line with international standards to budgetary allocation for a more effective implementation of
ensure that all policy measures aimed at the promotion of projects.
equality are based on reliable data.
79. The Advisory Committee recalls that the creation of
Support for the preservation and development of suitable conditions for persons belonging to minority groups
minority identities, languages and cultures to preserve and develop their cultures and to assert their
(Article 5) respective identities is considered essential for an integrated
society.
75. Various actions have been undertaken to preserve and
develop the identity and cultural heritage of recognised 80. In this context, the Advisory Committee welcomes the
national minorities. For instance, the Ministry of Education, fact that Cultural Services of the Ministry of Education,
Culture, Sports and Youth subsidises the teaching of the Culture, Sports and Youth, in close consultation with the
Armenian language and supports events that promote the representatives of the religious groups in the House of
cultural identity of the three religious groups.68 Representatives, have taken the decision to reserve
separate funds in order to facilitate the subsidisation of
76. Furthermore, the Advisory Committee was informed that cultural activities from 2018 onwards through the “Culture”
the Office of the Presidential Commissioner69 works closely programme.71 It also welcomes the programme entitled
with the Representatives of the three religious groups in the “Encounters in the paths of Art” developed by the Ministry of
parliament, their religious leaders and organisations and Education, Culture, Sports and Youth with the participation
organised several events hosted at the Palace of the of students from Nareg, Terra Santa, Stavros and Agios
President of the Republic for the promotion of the historical Vasilios High Schools.72
presence and the cultural wealth of each of the three
religious groups.70 81. The Advisory Committee praises the authorities’
commitment to financially support cultural activities of
77. The Advisory Committee was also made aware that the religious groups and welcomes the efforts undertaken by the
Adult Education Centres are offering a course titled “History- Press Information Office aimed at producing,
language-culture”, especially designed for Cypriot Roma updating, and/or reprinting publications73 and multimedia
children, where their history and other elements of their materials74 dedicated to each of the three religious groups,
cultural heritage are taught free of charge. During the school making them available free of charge to the general public
year 2017-2018 and previous school years, 90-minute
lessons have been offered to two groups of children once a
week and this lasted for 24 weeks. At university level,
however, there are no such programmes.

67 ACFC Thematic Commentary No. 4, para.66.


68 See examples in the state report, para. 9.
69 The Office of the Presidential Commissioner ensures contacts between the three religious groups and the President of the Republic of

Cyprus on matters related to education, culture, sports and social cohesion, and secures the President’s participation at cultural events. The
Presidential Commissioner co-operates with the Ministry of Education, Culture, Sports and Youth and other relevant public services towards
meeting the needs of the members of the three religious groups and ensuring that their rights are being fully exercised.
70 For details about inauguration and cultural events, as well as festivals, dance and singing performances, supported by the Office of the

Presidential Commissioner often with the presence of the President of the Republic of Cyprus, and visits by the Presidential Commissioner
to public and private schools of religious groups, see state report, para. 8 and 32.
71 This Grant-Aid-Scheme provides financial support for music, theatre, literature, cinema, art, folklore, dance and other cultural events. The

eligible applicants are the Office of the Representative of each religious group and the maximum number of applications is three per year
and per group. The approved budget for this scheme was €50 000 for 2019.
72 In this programme, the students studied and presented the life and work of significant and influential Maronite, Armenian, Latin and other

Greek Cypriot figures, such as musicians, artists, photographers, authors, etc.


73 During the period 2014-2018, several publications by the Press Information Office included reference to the three religious groups such

as the attractively designed and richly illustrated trilingual (English, Greek, French) publication “Multi-Religious Cyprus” which showcases
the prevalence of religious pluralism and religious respect in Cypriot society. This 2016 publication, reprinted in 2018, includes dedicated
chapters on the three constitutionally recognised religious groups and many other communities including Muslims, Jews and Protestants,
their presence on the island and their places of worship. In addition, texts on the three religious groups and photographs are included in the
hardcover publication “A Window on Cyprus,” which was published in a revised format in English in 2015, as well as in French in 2016, on
the occasion of Cyprus’ Chairmanship of the Committee of Ministers of the Council of Europe. In 2017, it was also published in Russian.
74 The CD “Aspects of Cyprus”, produced by the Press and Information Office (PIO) in Greek and English, includes a section on the three

religious groups.
FIFTH OPINION ON CYPRUS / 14

and accessible online via its website.75 A similar publication 88. The Advisory Committee invites the authorities to
on the Roma could also be envisaged, as already suggested examine the request of the Armenian community about their
by the Advisory Committee in its previous opinion. 76 wish to establish a museum.
82. The Advisory Committee calls on the authorities to Support and promotion of the identity and culture
ensure transparency, consistency and sustainability in the of the Latin religious group (Article 5)
allocation of funds for the three religious groups.
89. In response to one of the recommendations of its
83. The Advisory Committee invites the authorities to previous opinion,80 the Advisory Committee was informed
publish material on ‘the Roma of Cyprus’ for the general that persons belonging to the Latin religious minority have
public similar to those available on the Armenians, Latins their own cultural centre since 2017 named the House of the
and Maronites. Latins in the old quarter of Nicosia.81 The premises, which
were used in the past by the Cultural Services of the Ministry
Support and promotion of the identity and cultural
of Education, Culture, Sports and Youth, have been rented
heritage of the Armenian religious group
from the Nicosia District Administration Office. The Advisory
(Article 5)
Committee takes note that the rent paid is substantially
84. The Advisory Committee expresses satisfaction about lower than the market value and that the ministry subsidised
several initiatives undertaken by the bi-communal Technical the initial expenses of this cultural centre.
Committee on Cultural Heritage (TCCH),77 the Cyprus
90. Furthermore, the Advisory Committee takes note of
Symphony Orchestra Foundation, as well as Nicosia and
cultural activities initiated by the Cyprus Symphony
Paphos municipalities, aimed at promoting and supporting
Orchestra Foundation, with the support of the Embassy of
the cultural heritage and history78 of the Armenian
Italy in Cyprus.82
community. It also takes note that an Armenian Cultural
Centre operates in Larnaca since 2011. 91. The Advisory Committee welcomes the establishment
of, and financial support provided to, the House of the Latins
85. Whilst expressing gratitude to the authorities and to the
acting as a cultural centre for the Latin religious group.
United Nations Development Programme (UNDP) for
including several Armenian sites in renovation projects, 79 Support and promotion of the identity, language
representatives of the Armenian community regretted the and culture of the Maronite religious group
absence of representation of the Armenian community in the (Article 5)
TCCH.
92. The Advisory Committee takes note that the Ministry of
86. The Advisory Committee was made aware of a request Education, Culture, Sports and Youth continues to support
from the Armenian religious group, through its the preservation of Cypriot Maronite Arabic (CMA),
representative in the House of Representatives, for allocating every year a significant amount to support the
governmental support in the creation of an Armenian scientific work carried out by the researchers, in accordance
museum in Cyprus. with the Action Plan for the Revitalisation of the CMA and
the decisions of the relevant Committee of Experts. Whilst
87. The Advisory Committee calls on the authorities to find
the initial phases83 of the project were mainly dedicated to
suitable solutions to involve members of relevant religious
interviews with native speakers of the CMA, orthographic
groups to participate in the work of the Greek Cypriot
and phonetic transcription of the language, as well as the
delegation in the bi-communal Technical Committee on
production of teaching material, the ongoing sixth phase of
Cultural Heritage.
the project focuses on the actual use of the language in
everyday life,84 the production of teaching materials and the
increase of its proficient speakers.85 It also takes note that

75 This page contains several publications, such as “The Maronites of Cyprus”, “The Armenians of Cyprus”, the Latin of Cyprus”, “Muslim
Places of Worship in Cyprus”, etc.
76 Fourth opinion of the Advisory Committee on Cyprus, para. 28.
77 The bi-communal Technical Committee on Cultural Heritage was established in April 2008, following an agreement between the Leaders

of the two communities and operates under the auspices of the United Nations. The TCCH is composed of an equal number of Greek
Cypriot and Turkish Cypriot experts - ten each - appointed by the Leaders. The mandate of the TCCH includes the implementation of
practical measures for the proper preservation, physical protection and restoration (including research, study and survey) of the immovable
cultural heritage of Cyprus. To date, the numerous cultural heritage sites island wide have been conserved, structurally supported, physically
protected and/or restored, including Orthodox, Maronite and Armenian churches, mosques and minarets, fortifications, hammams,
aqueducts and watermills.
78 See state report, para. 88.
79 See state report, para. 91.
80 Fourth opinion of the Advisory Committee on Cyprus, para. 32.
81 The House of the Latins was inaugurated by the President of the Republic of Cyprus on 12 October 2017. This centre has become a

reference point in the community through which the public can learn about the historical and continuous presence of Latins in Cyprus, and
through which the Latin community is able to promote cultural and socio-economic development through different activities.
82 See state report, para. 88.
83 The results of phases 1-3 were presented to the general public in a Press Conference in January 2016.
84 The codified CMA is used in Limassol Agios Antonios Primary School.
85 Training seminars for native speakers of the CMA have been organised by the Committee of Experts for the CMA, at the request of the

NGO Hki Fi Sanna and other members of the Maronite religious group. Three training seminars were delivered in April and May 2016 during
FIFTH OPINION ON CYPRUS / 15

the Ministry of Education, Culture, Sports and Youth has control of the Government of Cyprus,89 and the financial
contributed to the creation of an Archive of Oral Tradition for support provided by the Youth Board of Cyprus90 for cultural
the CMA. and sports events of the Catholic Maronite youth.91
93. In response to one of the recommendations of its 98. The Advisory Committee calls on the authorities to
previous opinion,86 the Advisory Committee was informed develop a structural and long-term development plan with
about the inauguration of the House of St. Maron, acting as adequate financial and human resources for their support to
a cultural centre for the Maronite community.87 The Advisory the Maronite community at risk of long-term assimilation, in
Committee takes note that the Cypriot Government has close co-operation with representatives of this religious
contributed an amount of €250 000 for the renovation of the group.
building which now hosts a library, a museum, and a
Tolerance and intercultural dialogue (Article 6)
multipurpose hall used for various activities.
99. As regards the promotion of respect and openness
94. Whilst expressing their gratitude to the authorities for
towards diversity in general, and national minorities in
supporting the renovation of several Maronite sites and
particular, the authorities reported that “the creation of a
infrastructure projects, representatives of this community
sensitization culture against racism and intolerance and the
shared with the Advisory Committee their wish for an
promotion of equality and respect [form] an integral part of
upgraded, institutionalised and more structured support
the Curricula of various [school] subjects”.92 This is reflected
through the adoption of a long-term development plan. They
in practice through several intercultural activities, 93 some of
also underlined a risk of disappearance in the long term of
them involving Gurbeti Roma.94 Furthermore, reportedly, at
Maronites as a distinct minority in areas under the effective
the beginning of the school year, each school designs an
control of the Government of Cyprus due to the absence of
action plan that includes activities and measures for
compact Maronite settlements.
promoting inclusion and respect of diversity.
95. The Advisory Committee expresses its satisfaction
100. At municipal level, the Advisory Committee was
about several initiatives undertaken by the bi-communal
positively impressed by the broad range of measures and
Technical Committee on Cultural Heritage aimed at
actions promoting tolerance, intercultural dialogue and a
supporting church restorations and promoting the cultural
cohesive society and improving social inclusion which are
heritage of the Maronite community.88
supported or implemented by the municipality of Limassol
96. The Advisory Committee welcomes the financial support through, inter alia its Intercultural Council95 and EU-funded
provided for the renovation of the House of St. Maron and programmes.96 An Intercultural Strategy for the City of
its transformation into a cultural centre for the Maronite Limassol 2018-202097 was elaborated, comprising a number
community, among other initiatives aimed at supporting the of themes98 identified by the members of the Intercultural
Maronite cultural heritage and identity, and at the Council as particularly relevant for ‘migrant’ communities. A
codification and revitalisation of the CMA language. multitude of projects and measures laid out in this strategy
have been implemented during the reporting period.
97. It equally welcomes the financial support provided by the
Office of the Presidential Commissioner for the (re-) 101. The Advisory Committee wishes to recall that Article
settlement plan of Maronites in the historical Maronite 6(1) of the Framework Convention obliges states to “take
villages located in areas which are not under the effective effective measures to promote mutual respect,

which native speakers were trained in writing their language and the basic orthographic conventions included in the handbook “How do they
say it in our language?” The final proposal for the CMA alphabet, as well as already prepared teaching material for the CMA were presented.
86 Fourth opinion of the Advisory Committee on Cyprus, para. 32.
87 The House of St. Maron was inaugurated by the President of the Republic of Cyprus on 6 December 2018. It has a historical, religious

and cultural significance for the Maronites and contributes significantly to the conservation and promotion of the Maronite identity.
88 See state report, para. 92.
89 Apart from food support, between €10 000 and €15 000 were provided for maintenance work of houses/buildings and €3 000 to support

small business. Efforts are under way to re-open the Kormakitis Maronite School located in the area not under the effective control of the
Government of Cyprus.
90 The Youth Board of Cyprus is a semi-governmental organisation under the auspices of the Ministry of Education, Culture, Sports and

Youth.
91 This support is provided under the ‘Youth Initiatives Project’ and the ‘Student in Action’ programme.
92 For example, history, literature, modern Greek language, and religious education. See also state report, para. 72.
93 Such as the celebration of the European Language Day or the organisation of a food festival with children from different countries.
94 As an example, Gurbeti Roma students participated in an anti-racist conference entitled ‘All different, all the same’ and in various activities

(creation of an anti-racist mosaic, theatre, choir, presentations of words in the Turkish-Cypriot dialect, and a visit to the regional mosque).
95 The Intercultural Council of Limassol involves over 40 representatives of migrants’ associations, representatives of religious and social

groups, as well as diplomatic representations, labour unions and local municipal actors. It addresses challenges that migrants are facing
locally and makes proposals to solve them. (see also the Intercultural Council Website.
96 For the fifth consecutive year Limassol municipality takes action to improve social inclusion, cohesion and socialisation and to prevent

discrimination of immigrants under the project ‘Integration programmes by local authorities’ with the title ‘Limassol, one city the whole world’.
97 This strategy was produced within the framework of a pilot scheme “Limassol Intercultural Council”, being part of a wider integration

project “Limassol – one city, the whole world”. It is based on good practices coming from “Intercultural Cities” Programme, run by the Council
of Europe. The strategy aims to become a guiding chart facilitating the development of Limassol as an open and intercultural city by 2020.
98 Culture, education, youth, parenting, housing, health, labour, policing and security, access to public services, citizenship and participation,

and intercultural branding and media.


FIFTH OPINION ON CYPRUS / 16

understanding, and co-operation among all persons living Policing and respect for human rights (Article 6)
on their territory”.
106. Recent developments mentioned in the state report
102. The Advisory Committee notes with satisfaction the include the signature of a Memorandum of Understanding
overall climate of tolerance99 and openness to diversity of for the Protection and Promotion of Human Rights between
Cypriot society. While acknowledging the firm commitment the Cyprus Police and NGOs,101 the revision of the Police
and initiatives of the authorities at national and municipal Code of Ethics,102 as well as publication on the police
level to promote tolerance and intercultural dialogue in internal portal of a Manual on Human Rights.103
society in line with Article 6(1) of the Framework Convention
107. The Advisory Committee was informed that the
and welcoming the involvement of external donors in this
Cyprus Police Academy provides general education related
process, the Advisory Committee notes that the primary
to human rights, racial and other forms of discrimination and
responsibility for addressing the above rests with the state
combating xenophobia and racism at various levels of police
authorities. Heavy reliance on external funding 100 can
training.104 Furthermore, with a view to further upgrading the
undermine the authorities’ ownership of the implementation
training of police recruits, the Cyprus Police has created an
process and risk hampering the effectiveness and long-term
additional module on Human Rights and Policing, delivered
impact of these actions.
at the University of Cyprus since September 2019. The
103. The Advisory Committee calls on the authorities at all Cyprus Police Academy also organises conferences on the
levels to progressively move from a project-based to a more respect and protection of human rights.105
structural and sustainable approach in the promotion of
108. Apart from the academic curriculum provided by the
tolerance and intercultural dialogue through state funding.
Police Academy, the Office for Combating Discrimination
104. The Advisory Committee invites the authorities to under the Crime Combating Department of the Police
continue to provide overall awareness to the general public Headquarters, in co-operation with NGOs or/and the Police
about the Armenian, Latin and Maronite religious groups, Academy, has organised specific training on eliminating
their history, religion, values and contribution to the stereotypes, prejudices, and discriminatory attitudes, and
development of Cypriot society. produced new modules on anti-discrimination policy for
combating all forms of discrimination and racism for any
105. The Advisory Committee invites the authorities to
types of vulnerable groups and national minorities, including
encourage other large municipalities in Cyprus, in particular
the three religious groups and the Gurbeti Roma. These
Nicosia, Larnaca and Paphos, to follow the example of
training programmes involve key public institutions. 106 The
Limassol and create their own municipal intercultural council
Advisory Committee regrets that persons belonging to
and strategy, as well as to develop a network of those
national minorities have not been systematically involved in
intercultural councils at national level.
such training.
109. The Advisory Committee welcomes the revision of the
Police Code of Ethics, the publication of a Manual on Human
Rights for the police, as well as the organisation of
numerous training programmes and conferences on human
rights for police officers. The Advisory Committee, however,

99 The authorities indicated in the state report, para. 100, that despite nearly two million crossings of Greek Cypriots and Turkish Cypriots
per year via the crossing points along the Green Line, no single incident has been reported, which – for them - speaks in favour of “a high
level of tolerance and willingness for co-existence between the two communities”.
100 The project ‘Integration programmes by local authorities’ with the title ‘Limassol: One city the whole world’ is co-funded by the European

Asylum, Migration and Integration Fund (90%) and by the Republic of Cyprus (10%), with a total budget of €187 000.
101 This memorandum of understanding aims at improving and developing closer co-operation for the protection and promotion of human

rights between the contracting parties. It was signed on 9 March 2017 with 15 NGOs (none of them are religious or ethnic-based NGOs).
102 The Police Code of Ethics is an institutional framework of principles and rules that promote mutual respect and trust between the Police

and citizens. It contains provisions related to the general obligations and duties of the police, behaviour during police action, behaviour
during investigation and questioning, behaviour during arrest and detention and was issued in a booklet form and was distributed to all
members of the police. In 2016, it was enriched with new provisions concerning the behaviour of police officers on duty, taking, inter alia
into consideration the European Police Code of Conduct and the Guide of Conduct and Ethics for Public Servants.
103 This manual was prepared by the police in order to raise awareness and sensitise its members on the protection and promotion of human

rights and deals, inter alia with the use of force, the treatment of detainees, and detention conditions. It is not accessible to the public.
104 Lectures or workshops were offered on preventing and combating discrimination and on human rights; combating xenophobia and racism;

communication in a multicultural society; policing a multicultural society; human rights; racial discrimination and other forms of discrimination;
human rights and police ethics. They are included in the academy’s basic courses, such as the Sergeants’ Training Programme, the
Inspectors Training Programme, the Chief Inspectors’ Training Programme, as well as at specialised training programmes. Other actions
mentioned after the visit include the project “TOGETHER! Empowering civil society and Law Enforcement Agencies to make hate crime
visible” co-funded by the European Commission, the project C.O.N.T.A.C.T. (Creating an Online Network, monitoring Team and phone App
to Counter hate crime and Tactics). For overall data recorded in C.O.N.T.A.C.T. EU partner countries, consult the following Website.
105 For more details, see state report, para. 29-30.
106 In addition, a specific training programme with the subject “Community/ethnic groups, behaviour, racism and ways of combating it” was

organised on 13-14 October 2016 by the Office for Combating Discrimination in co-operation with the Ombudsperson for 75 police members
of Community Policing. A training of trainers was also conducted among officers of all Police Divisions in September 2016 so as to further
train other members of the police in their respective district jurisdiction.
FIFTH OPINION ON CYPRUS / 17

believes that a proper evaluation in due course of the offences against ‘Black persons’113 and ‘migrants’.
performance of trained police officers would be needed to Furthermore, interlocutors from the Gurbeti Roma
assess the effectiveness of such courses. community informed the Advisory Committee that they do
not experience any discriminatory or racist attitudes on the
110. The Advisory Committee encourages the authorities
street from the rest of the population but pointed out indirect
and law enforcement bodies to pursue their efforts to
discrimination practices in the employment and linguistic
promote respect for human rights and to involve persons
fields (see Articles 10 and 15 below), as well as alleged
belonging to religious groups and the Roma communities in
racist attitudes from public servants working in the Turkish
their training programmes and in any other awareness-
Cypriot Properties Management Department.
raising activities addressing the protection of human rights
of vulnerable groups, and to assess in due course the 114. According to the statistical data compiled by the Office
effectiveness of training programmes. for Combatting Discrimination within the Crime Combatting
Department of Cyprus Police Headquarters,114 for the
Hate speech and hate crime (Article 6)
reporting period (2014-2018), 40 of the incidents recorded
111. Article 8 of the Law on Combating Certain Forms and by the office had “nationality or ethnic origin” as a motive; 33
Expressions of Racism and Xenophobia by Means of had “community”; 14 had “sexual orientation”; 12 had
Criminal Law (L.134(I)/2011), was repealed by L.30(I)/2017 “colour”; eight had “religion”; five had “political views”; one
on 7 April 2017 and the Criminal Code was amended by had “special needs”; another one had “race”; none had
L.31(I)/2017.107 The abovementioned Article 8 and the “language”, “gender” or “age”. Most cases and incidents
recently amended Article 35A of the Criminal Code regard imply multiple bias motives.115
racist, xenophobic (as well as homophobic) motivation as an
115. For the same reporting period (2014-2018), 96
aggravating circumstance, which makes this legislation fully
incidents of racial nature and/or with racial motive116 were
in line with ECRI General Policy Recommendation No. 7
recorded, involving a total of 121 complainants/victims and
(revised).108 It is the Advisory Committee’s understanding
146 accused/perpetrators; 70 of these incidents concerned
that anti-Semitic or anti-Gypsyist motivated crimes would be
verbal assaults (hate speech/acts/threats). Criminal
regarded as an aggravating factor under Article 35A of the
investigations were conducted in 55 cases which led to
Criminal Code.109
seven convictions based on the Criminal Code.117
112. Since 2013, the Office for Combating Discrimination,
116. The Advisory Committee recalls that hate speech and
in co-operation with the Police Academy, continues to
hate crime concern and threaten society as a whole. Law
support training programmes in the Police Academy,
enforcement agents should therefore be appropriately
covering specific lectures for police officers and
trained to ensure that such incidents are prevented,
sergeants,110 such as the Policy for the combating of racist
identified and recorded, as well as duly investigated and
violence, xenophobia and discrimination and Recognition
punished through targeted, specialised and prompt
and Investigation of Racial and Hate Crimes. The Advisory
action.118
Committee was also informed that schools are encouraged
to use the Code of Conduct Against Racism and Guide for 117. The Advisory Committee welcomes the
Managing and Reporting Racist Incidents. comprehensive legal framework on hate crime and hate
speech, as well as the various training programmes and
113. Almost no specific cases111 of racist incidents, hate
projects initiated by the authorities. Overall, hate speech119
speech and hate crime were reported by members of
and hate crime seem to be relatively rare which suggests a
religious groups and various ethnic communities112 met by
high level of respect for minorities, including religious
the Advisory Committee during the visit. However, according
groups, in Cypriot society. However, on the basis of ECRI
to some other interlocutors, there have been cases of

107 More precisely, Article 35A of the Criminal Code provides that the court, when imposing the penalty, may take into account as an
aggravating factor the motivation of prejudice against a group of persons or a member of such a group of persons on the basis of race,
colour, national or ethnic origin, religion or other belief, descent, sexual orientation or gender identity.
108 See ECRI fifth report on Cyprus, para. 9.
109 The authorities indicated that although anti-Semitism and anti-Gypsyism are not specifically mentioned, anti-Semitism may fall, among

others, under the bias of religion, and anti-Gypsyism, among others, under the biases of nationality or ethnic origin.
110 Such training programmes target in particular police officers and sergeants working in investigation and similar policing procedures.
111 The Chief Rabbi of the Jewish community, when asked about the presence of the police in front of the synagogue in Larnaca, referred

to some occasional incidents which, according to him, did not involve Cypriot citizens but more recent migrants from the Middle East.
112 This includes Armenians, Latins, Maronites, Jews, Gurbeti Roma, Kurds, Lithuanians, Palestinians, Serbs, and Vietnamese.
113 “Black persons shall mean persons that identify themselves as Black, often in the sense of belonging to a/the Black community.” (ECRI

Glossary, April 2019).


114 Updated in April 2019 and distributed to the Advisory Committee during the visit.
115 The authorities provided an example of a Turkish Cypriot taxi driver who was injured by two offenders in 2016; this attack involved various

bias motives such as ethnic origin, community and religion.


116 The authorities explained this distinction as follows: the ‘racial nature crime’ is the offence based on specific anti-racist legislation, whilst

the ‘crime with racial motive’ is based on common offence of penal code with bias-motivations.
117 In four of these seven convictions, charges of a racist nature were raised, whilst 13 of the cases are still pending in court. There were

also convictions on bias-motivated crimes based on other specific legislations, such as Law 12/1967, Law 48(I)/2008 Article 72 (racist
symbols and expressions at athletic events) and Law 26(III)/2004 (racist and xenophobic expression via the internet).
118 ACFC Thematic Commentary No. 4, para. 56.
119 Racist hate speech is punishable under various provisions of Law 12/1967, Law 134(I)/2011 and the Criminal Code.
FIFTH OPINION ON CYPRUS / 18

recent findings,120 as well as recent research on hate speech effectively any forms of discrimination and intolerance that
in public discourse,121 and statistical data provided by the may emerge in the programmes provided by audiovisual
authorities, instances of online hate speech need to be media service providers and to sanction any expressions of
addressed. racism and/or xenophobia on the basis of the existing
legislation.125 Following the examination of a complaint that
118. Whilst the Advisory Committee welcomes the fact that
may be anonymous, or as a result of an ex officio
data on incidents of a racial nature and/or with racial motive
investigation, the CRTA may decide to impose a sanction,
are collected and were provided during the visit, it regrets
such as a warning, an administrative fine or the revocation
that data provided for the Greek Cypriot community and the
of a licence.126 In addition, the CRTA issues circulars127 on
Turkish Cypriot community are not further disaggregated by
various matters and publishes news bulletin on its website,
gender, religion and ethnicity which makes it difficult to
including in the Turkish language.
assess the number of victims of racist incidents and those
accused of such crimes among those groups.122 The 122. The Advisory Committee notes that the CRTA
authorities’ statement contained in the state report that decisions are directly enforceable, and their execution does
“religious groups are not the groups most exposed to not require the approval of any other body and that it
discriminatory treatment and hate crime” can therefore not encourages the access to media by persons belonging to
be underpinned by any factual data. It is also difficult to national minorities and guarantees their freedom of
assess any cases of anti-Semitism and anti-Gypsyism123 expression. The Advisory Committee considers, however,
based on existing data collection. Furthermore, the Advisory that the duration of at least one year between the filing of a
Committee regrets that no data disaggregated by gender complaint and a decision by the CRTA is too long.128
was communicated.
123. Whilst no recent cases of discrimination or hate
119. The Advisory Committee calls on authorities to speech concerning religious groups or Roma have been
disaggregate official data by gender, religion and ethnicity reported on radio and television by the CRTA, the Advisory
and add the motive ‘bias against Roma’ and ‘bias against Committee heard concerns voiced by representatives of
Jews’ in the hate crime national statistics so as to provide, if religious groups about occasional unnecessary mentioning
necessary, a basis for more targeted policy measures of ethnic or religious affiliation in certain newspapers.129
against anti-Gypsyism and anti-Semitism.
124. The Advisory Committee, while respecting editorial
120. The Advisory Committee strongly encourages the independence, considers that the media should not mention
authorities to further prevent cases of hate speech and hate information on ethnic or religious affiliation to the public
crimes and to ensure that the police record and investigate unless strictly necessary. Such information should not
the possible racist motivation of hate crime and hate speech. reinforce negative stereotypes against the group in question
as it would not be conducive to facilitating intercultural
Portrayal of minorities in the media (Article 6)
dialogue, a principle enshrined in Article 6(1) of the
121. The responsibilities of the Cyprus Radio Television Framework Convention.
Authority (CRTA)124 include the safeguard of the right to
125. Without prejudice to the editorial independence of the
freedom of expression, the right to free and pluralistic
press, the Advisory Committee invites the relevant
information, and transparency in the ownership of media
authorities to reduce the duration of complaint examination,
service providers. Its regulations provide the specific
and to draw attention of the press against the mentioning of
conditions and restrictions that are necessary to serve the
ethnic or religious affiliation of individuals in a negative
public interest and ensure that human rights are not violated.
sense unless strictly necessary.
Its duty is therefore to take all necessary action to combat

120 Despite special training to the police on hate


crime and discrimination, including how to recognise acts committed with a racist motivation,
the police do not necessarily investigate the potential racist element and “there are examples of cases where the police failed to ‘unmask’
the racist bias of crimes even when racist language had been used at the time of the crime. There appears, therefore, to be some reluctance
on the part of law enforcement authorities to deal with racially motivated crime” (ECRI fifth report on Cyprus, para. 30).
121 See for instance KISA report on Hate Speech in Public discourse in Cyprus, June 2019, as well as the Report ‘Online Hate Speech in

the European Union: A Discourse-Analytic Perspective’, chapter 4.6.


122 The authorities indicated that incidents against Gurbeti Roma are usually recorded, unless another bias is involved, under ‘community’,

not under ‘ethnicity’; they would therefore be mixed up with incidents against Turkish Cypriots and receive no visibility in the statistics. The
complainants and the accused are classified by ‘nationality/ethnic origin’; there is no classification by ‘religion’ and in fact, from the list
provided to the Advisory Committee, there is no classification by ‘ethnicity’.
123 See ECRI GPR No. 13 for a definition of “anti-Gypsyism”.
124 The CRTA was established as an independent body by the Radio and Television Stations Law 7(I) of 1998. This Law also regulates

matters such as the establishment, installation and operation of private radio and television bodies in Cyprus. The CRTA has its own
resources, budget and services to carry out its duty and to fulfil its mission. For further information regarding its role, composition and
selection criteria and appointment of the Chairperson, Vice Chairperson and the members, see CRTA website.
125 Namely the Radio and Television Stations Law L. 7(I) of 1998, as amended; the Radio and Television Stations Regulations Law P.I.

10/2000; and the Cyprus Broadcasting Corporation Law CAP.300A, as amended.


126 The CRTA has so far examined a limited number of cases on grounds of race and religion and has issued warnings or imposed fines

ranging from €500 to €3 000.


127 See an example in para. 33 of ECRI fifth report on Cyprus.
128 This was explained by the requirement that all CRTA members be present from the beginning to the end of the examination procedure.
129 As an example, the Advisory Committee was provided with a copy of a news article published by Reporter on 9 July 2019 entitled

“Tragedy … a Maronite died suddenly in Kyrenia sea”.


FIFTH OPINION ON CYPRUS / 19

Religious education and the right to manifest Minority printed media and broadcasting
one’s belief (Article 8) (Article 9)
126. Students learn about the Christian Orthodoxy (the 132. The relevant legislation regarding media and the
predominant faith in Cyprus), beliefs, as well as other situation regarding broadcasting in minority languages have
religions, faiths and approaches to religion in accordance remained unchanged since the last monitoring cycle.
with Article (18)4 of the Constitution of the Republic of According to information provided in the state report and
Cyprus. If a child is not a Christian Orthodox, parents or during the visit, the Cyprus Broadcasting Corporation
guardians can ask for an exemption from religious education (CyBC) radio continues to broadcast a daily one-hour
for their child. Schools have been asked by the authorities programme in Armenian, with items about, inter alia
to facilitate faith practices in respect of children of other literature, religion, and health, and includes news bulletins
religions (e.g. Muslim children during the Ramadan). Muslim and a children’s programme. The Latin religious group
Gurbeti Roma students receive religious education maintains a 30-minute radio programme in the CyBC every
according to their faith. There are, however, no Muslim Friday at 4 p.m. On its official website, the CyBC hosts,
public or private schools oriented at the Muslim faith in areas among others, a documentary film “A journey through
under the effective control of the Government of Cyprus.130 yesterday and today with the Latin religious group”, which
was funded by the government. For the Maronite religious
127. The Agios Maronas Primary School adjusts religious
group, a weekly 55-minute cultural programme is hosted by
education to the Catholic Maronite faith, with the support of
the CyBC radio every Friday.
the Pedagogical Institute.131 Religious education in Nareg
Armenian schools132 follows the Armenian Orthodox faith. 133. There are only occasional TV programmes for the
The same applies to the Roman Catholic faith in Saint religious groups on CyBC. The CyBC management held
Mary’s School and Terra Santa College (private schools). meetings with the representatives of the religious groups,
during which the readiness to broadcast on TV readily
128. During the visit, the Advisory Committee was made
available programmes that would be provided by the
aware of a limited number of problems in terms of
religious groups themselves was expressed. This practice
manifestation of its interlocutors’ respective religion or belief,
was followed for a short period of time135 but due to a lack of
and exercise of their religious practice; one of the problems
financial resources religious groups concerned did not
raised by representatives of the Armenian community
manage to maintain these programmes. News-related
relates to the lack of an Armenian Apostolic church in
reportages on the religious groups are included regularly in
Paphos despite the existence in this municipality of a
the CyBC news.136
significant Armenian community for many years.133
134. Regarding print and online media, the Advisory
129. The Advisory Committee recalls that Article 8 of the
Committee was informed about the existence of two monthly
Framework Convention guarantees that “every person
Maronite newspapers published in Greek,137 as well as of
belonging to a national minority has the right to manifest his
several Armenian magazines and newspapers with some
or her religion or belief”.134
published in Armenian, and others in Greek or English.138
130. The Advisory Committee welcomes the authorities’ The Armenians maintain a trilingual community website
efforts to provide, overall, persons belonging to religious sponsored by the Government of Cyprus since 2007,139 and
groups and ethnic communities the right to manifest their the Maronites have their own since 2009.140 Representatives
own religion or belief and exercise their religious practice. of the three religious groups also have their own Facebook
page and website.
131. The Advisory Committee encourages the authorities to
pursue their efforts at providing religious education for all 135. The Advisory Committee recalls that the possibility to
religious groups concerned. receive and impart information in a language one can fully
understand and communicate in, is a precondition for equal
and effective participation in public, economic, social, and

130 Muslim students receive religious education of their faith in two public schools in Limassol, Agios Antonios Primary School and Agios
Antonios Secondary School, where a large number of Turkish Cypriot and Gurbeti Roma students are enrolled. Muslim students also receive
religious education of their faith in a private school: the English School in Nicosia.
131 The Agios Maronas Kindergarten and Agios Maronas Primary School (for the Maronites) are public schools. The Ministry of Education,

Culture, Sports and Youth finances the Maronite School Board.


132 All Armenian schools in Cyprus are called Nareg in memory of the monk, theologian and philosopher Krikor Naregatsi. The Armenian

Nareg kindergarten and elementary schools in Nicosia, Larnaca and Limassol and the Nareg Gymnasium in Nicosia are public schools with
a special status by which the Armenian language, history and religion are taught in addition to the public schools’ curriculum. They provide
trilingual education: Armenian, Greek and English. The Nareg schools are fully subsidised by the state and. The decision-making body at
Nareg Armenian schools is the Armenian Schools Committee composed of 11 members appointed by the Council of Ministers upon the
recommendation of the representative of the Armenians in the House of Representatives.
133 For another example, see footnote 179 of the present opinion.
134 See ACFC Thematic Commentary No. 4, para. 68.
135 Until 2015, a programme produced by the Maronites entitled “Maronites Routes” was broadcasted a number of times.
136 The programme ΠΑΡΕΒ produced by the Armenians is broadcasted yearly by the CyBC on 6 January (Armenian Christmas Day).
137 See the list on page 29 of the brochure “The Maronites of Cyprus” published by the Public Information Office.
138 See the list on page 29 of the brochure “The Armenians of Cyprus” published by the Public Information Office.
139 See Website of the Armenians of Cyprus.
140 See Website of the Maronites of Cyprus (currently unavailable).
FIFTH OPINION ON CYPRUS / 20

cultural life. It notes that the abundance of information and the official languages”.147 Article 12(5a) of the Constitution
media available in today’s digital media environment does stipulates that “every person charged with an offence has
not diminish existing state obligations to facilitate the [the right] to be informed promptly and in a language which
production and dissemination of content by and for national he understands and in detail of the nature and grounds of
minorities.141 Finally, the Advisory Committee recalls that the the charge preferred against him”; and Article 12(5e) “to
division of media audiences according to linguistic have the free assistance of an interpreter if he cannot
backgrounds may enhance the formation of separated and understand or speak the language used in court”.
mutually exclusive public spheres.142
140. During the visit, the Advisory Committee observed that
136. The Advisory Committee welcomes available offers of English is widely used, alongside Greek, as a language of
printed media and radio programmes for religious groups but communication, including at municipal level, with non-Greek
notes the absence of TV programmes for the three religious speaking ‘migrants’.148 The use of Turkish seems very
groups due to their inability to ensure financial resources. It limited in areas under the effective control of the
considers that further measures to address the diversity of Government of Cyprus. By consequence, Turkish-speaking
the society should be taken to enable access of all religious persons, for instance elderly members of the Gurbeti Roma
and ethnic communities to media outlets, including Muslims, who do not speak and understand Greek or English, face
Jews and Roma. unequal treatment in practice as they do not receive the
same level of information as other residents.149 The Advisory
137. The Advisory Committee calls on the authorities to
Committee made observations of a similar nature in its
sponsor public TV programmes for religious groups, in close
fourth cycle opinion,150 and regrets that the situation for the
consultation with representatives of these groups, and to
elderly Gurbeti Roma has not improved.
ensure that all communities are reflected in public media.
141. The Advisory Committee was informed by the
Use of minority and official languages (Article 10)
authorities that, in line with the provisions of the European
138. Greek and Turkish are the two official languages of the Court of Human Rights and the Framework Convention,
Republic of Cyprus by virtue of Article 3(1) of the during court proceedings, a Turkish-speaking Cypriot citizen
Constitution. The authorities recalled in the state report that (e.g. from the Gurbeti Roma community) could be informed
the constitution does not include any references to about the offence he/she is charged with in his/her language
“bilingualism”. Both the Armenian and the Cypriot Maronite and receives the free assistance of an interpreter; however,
Arabic (hereafter “CMA”) are recognised as minority the proceedings and the judgment would be made available
languages under the European Charter for Regional or only in Greek.
Minority Languages.143
142. In contrast, the Ombudsperson’s Office responds in
139. According to the constitution, “legislative, executive Turkish to all correspondence that is addressed to the office
and administrative acts and documents shall be drawn up in in Turkish and is reportedly engaged in efforts to ensure that
both official languages”,144 “[a]dministrative or other official all basic texts providing general information and guidance to
documents addressed to a Greek or a Turk shall be drawn the public will be made available in Turkish.151 The Advisory
up in the Greek or the Turkish language respectively”,145 Committee welcomes this approach.
“[j]udicial proceedings shall be conducted or made and
143. The Advisory Committee recalls that Article 10(2) of
judgements shall be drawn up in the Greek language if the
the Framework Convention applies also to areas where only
parties are Greek, in the Turkish language if the parties are
a relatively small percentage of persons belonging to
Turkish, and in both ... languages if the parties are Greek
national minorities reside, provided that persons belonging
and Turkish”,146 and “[e]very person shall have the right to
to national minorities traditionally inhabit the areas
address himself to the authorities of the Republic in either of

141 OSCE High Commissioner for National Minorities (February 2019), Tallinn Guidelines on National Minorities and the Media in the Digital
Age, para. 7.
142 ACFC Thematic Commentary No. 4, para. 70.
143 The Advisory Committee notes that the Committee of Experts of the European Charter for Regional or Minority Languages (COMEX)

had the opportunity to visit Cyprus in September 2017 and to examine developments in depth while drawing up its fifth evaluation report on
Cyprus (adopted on 22 November 2017). The Advisory Committee refers to detailed findings and recommendations of this report in this
regard; see also the state periodical report on the implementation of the European Charter for Regional or Minority languages (submitted
by Cyprus on 11 January 2017) and Committee of Ministers’ Recommendations (adopted on 4 April 2018).
144 Article 3(2) of the Constitution.
145 Article 3(3) of the Constitution.
146 Article 3(4) of the Constitution. The official language or languages to be used for such purposes in all other cases shall be specified by

the Rules of Court made by the High Court under Article 163 of the Constitution.
147 Article 3(8) of the Constitution.
148 In Limassol for instance, leaflets are produced in Greek, English and sometimes other languages spoken by migrant communities

represented in the Intercultural Council. Turkish, however, is not used, although some members of the Kurdish community originate from
Turkey and Turkish-speaking Gurbeti Roma citizens reside in the municipality.
149 As an example, most awareness-raising publications and leaflets, including those of the Intercultural Limassol Municipal Council, are

published in Greek and English, despite the fact that Gurbeti Roma families have been living in the municipality for a number of years. The
municipality website is available in English, Greek and Russian; no information is provided in the second official language.
150 Fourth opinion of the Advisory Committee on Cyprus, para. 52.
151 The Ombudsperson’s website provides information in Greek, Turkish and English. Complaint forms are available in Greek and English

with information given in Turkish on how to submit a complaint.


FIFTH OPINION ON CYPRUS / 21

concerned, that there is a request by these persons, and that 149. Terra Santa College, a multicultural school promoting
“such a request corresponds to a real need”. “A threat to the interethnic friendship and solidarity,156 signed in January
functionality of the minority language as a communication 2013 an agreement with the University of Cyprus “to
tool in a given region is sufficient to constitute a ‘need’ in transform Terra Santa into a new prototype secondary
terms of Article 10.2 of the Framework Convention.”152 It also school, covering the whole academic curriculum and
recalls that “language rights are effective only if they can be teaching of its secondary school programme”.157
enjoyed in the public sphere”.153
150. The Advisory Committee welcomes the positive
144. Therefore, it rests upon the Cypriot authorities to find developments concerning the research-based codification
appropriate solutions for those who are unable to speak of the Cypriot Maronite Arabic (CMA) language carried out
Greek, including Gurbeti Roma. The Advisory Committee in accordance with the Action Plan for the Revitalisation of
welcomes the provision of Greek language lessons operated the CMA and the creation of an Archive of Oral Tradition for
by the municipalities of Limassol and Nicosia in the CMA.158
multifunctional and multicultural centres as they contribute
151. Furthermore, the Advisory Committee believes that
to the increase of knowledge of this official language,
independent research is needed regarding a numerically
especially among the young generation. It notes, however,
small Greek-speaking Orthodox Roma community, mostly
that the participation of Gurbeti Roma adults in language
living in Larnaca, and considered to be largely assimilated
programmes for non-Greek-speaking adults is very limited.
into the Greek Cypriot community, so as to gain knowledge
One reason might be their illiteracy.
of their historical presence, their present situation and self-
145. The Advisory Committee also considers that court identification and possible needs.
proceedings and judgments should not be exclusively
152. The Advisory Committee invites the authorities to
provided in Greek for people speaking another official
support independent research regarding the Greek-
language, but also, where relevant, in Turkish, in line with
speaking Orthodox Roma community living in Cyprus so as
Article 3(4) of the Constitution of the Republic of Cyprus.154
to gain knowledge of their historical presence, their present
146. The Advisory Committee calls on the authorities to situation and self-identification and possible needs.
further support Greek language programmes for non-Greek-
Teacher training (Article 12)
speaking residents and introduce literacy classes for Gurbeti
Roma adults free of charge. 153. According to information from the state report, the
Ministry of Education, Culture, Sports and Youth subsidises
147. The Advisory Committee reiterates its call to increase
the training of language teachers and supports the
the use of Turkish in official communications with Turkish-
organisation of training seminars for teachers of the
speaking persons, especially with Gurbeti Roma.
Armenian language159 and of the Cypriot Maronite Arabic
Intercultural education, research and knowledge (CMA) language,160 giving them opportunities to become
about minorities (Article 12) more aware of language learning methodologies and
teaching methods, and thus increasing the standard and
148. Initiatives promoting intercultural education have been
quality of education.
undertaken by the Ministry of Education, Culture, Sports and
Youth and the Agios Maronas Primary School and the Nareg 154. The Advisory Committee was informed that training for
Armenian School have developed mutual co-operation and the teachers of the Armenian language are offered on
organise an annual event, based on a different subject that demand by the Pedagogical Institute. However, the Advisory
derives from history or culture.155 Committee’s interlocutors from the Armenian community

152 ACFC Thematic Commentary No.3, para. 56.


153 ACFC Thematic Commentary No.3, para. 51.
154 See also fourth opinion of the Advisory Committee on Switzerland (adopted on 31 May 2018 and published on 10 December 2018), para.

90-92.
155 In 2019 the project was based on oral history about the daily life of people living in a multicultural neighbourhood which consisted of

Greek Cypriots, Turkish Cypriots, Maronites, Armenians, Latins and others, following interviews conducted by children from both schools.
156 The College offers only some subjects in its secondary school in a second language stream (English), therefore different language

streams do interact at the school.


157 State report, para 106.
158 See the research “The demographics of the Cypriot Maronite community and of Cypriot Arabic speakers”, by Prof. Marilena Karyolemou,

The Sanna Project, Paper 2/2010 (Chapter 1).


159 During the school year 2017-2018 three teacher training programmes were implemented. All three were addressed to the 19 teachers

who teach subjects in the Armenian language at the primary schools of Nicosia, Larnaca and Limassol, as well as at the gymnasium in
Nicosia. The training programme involved teacher-training sessions, classroom observations and mentoring. At the final stage, a formal
evaluation of all the teachers took place. Furthermore, in January 2017, an educator from Lebanon provided training for teachers working
in the Nareg Schools. A training session entitled ‘L’école arménienne et le défi de la transmission de l’arménien occidental’ (The Armenian
School and the Challenge of Western Armenian Transmission) was also organised by the University of Cyprus in February 2017.
160 A four-day teacher-training course was organised for teachers and native speakers of the Cypriot Maronite Arabic (CMA) at the Cyprus

Pedagogical Institute in June 2015. Teachers of primary and secondary schools, who are also native speakers of the language, attended
the seminar. In addition, in June 2016 and 2017, the University of Cyprus organised training seminars for the teachers that participated in
the Summer Language Camp in Kormakitis in the area which is not under the effective control of the Government of Cyprus. The main
themes of the training were the teaching of the writing conventions of the CMA, the extensive presentation of the content to be taught in the
Language Camp and the discussion of methodological issues, mainly related to the use of modern technology in language teaching.
FIFTH OPINION ON CYPRUS / 22

expressed considerable difficulties in finding teachers of subjects such as history, religion and literature in order to
Armenian. ensure that the diversity of cultures and identities is
reflected, and that tolerance and intercultural
155. The Advisory Committee was also made aware of the
communication are promoted.163
results of the implementation of the In‐Service Training for
Roma Inclusion (INSETRom) project in Cyprus and 161. The Advisory Committee notes with satisfaction the
conclusions relating to the school inclusion of Gurbeti Roma inclusion of information related to the Armenian, Latin and
in the Greek Cypriot educational system. The paper161 Maronite religious groups in textbooks for the mainstream
concludes with the discussion of contextual and population since the last monitoring cycle. Interlocutors of
methodological issues relating to teacher training for the Advisory Committee expressed satisfaction about this
educating Gurbeti Roma students in multicultural school development; the representative of the Maronite religious
settings. The Advisory Committee took note that authors of group, however, found that information provided in
this research also reflect on several factors beyond teacher textbooks about this community was too succinct.
training, such as contextual and methodological issues
162. The Advisory Committee welcomes that the new core
relating to teacher training for educating Roma students in
curricula are based on respect for human rights and diversity
multicultural school settings. The Advisory Committee
and aim at including this approach in various subject
considers that these factors should be addressed by the
curricula. The Advisory Committee, however, wishes to point
educational authorities if education is to become inclusive
out the insufficient mention of the historical presence of
for all students, and Gurbeti Roma children in particular.
Roma and of their history in textbooks and teaching
156. The Advisory Committee urges the authorities to materials for all students.164
further increase financial support for teacher training in
163. The Advisory Committee calls on the authorities to
Armenian and Cypriot Maronite Arabic.
provide more systemic support and funding for the
157. The Advisory Committee invites the authorities to production of textbooks in Cypriot Maronite Arabic so as to
reflect upon the conclusions and recommendations of the strengthen the teaching of this language.
INSETRom project in Cyprus as regards teacher training
164. The Advisory Committee invites the authorities to
and pedagogical methods for the education of Roma
ensure that Cypriot students receive adequate information
students in multicultural settings and take appropriate
through revised school curricula and textbooks on the
measures.
history, culture, language and traditions of Roma
Textbooks and teaching materials (Article 12) communities living in Cyprus, as well as on their contribution
to Cypriot national history. It also invites the authorities to
158. In the Nareg Armenian Schools, the Ministry of
review the information on the Maronite religious group
Education, Culture, Sports and Youth is funding the
provided in textbooks in close consultation with this
purchase of books for the teaching of the Armenian
community.
language, history, geography and religion. In 2010 the new
curricula were introduced and in 2018 they were revised in Equal access to education (Article 12)
their final form with the implementation of success indicators
165. In February 2017, new regulations165 for the operation
for all subjects. 162 The next step will be to produce teaching
of public secondary schools were issued by the Ministry of
materials and/or propose sources of information that
Education, Culture, Sports and Youth to safeguard the right
teachers can use when implementing the curriculum.
of education for all children166 and to prevent discrimination
159. The Advisory Committee was made aware during the in access to education.
visit of the need to obtain more support, including subsidies,
166. The Advisory Committee was informed that the
from the authorities and the representative of the Maronites,
Ministry of Education, Culture, Sports and Youth has taken
for producing textbooks in the CMA language.
several measures to cater for the needs of Cypriot Roma
160. The Advisory Committee recalls that states parties children: they have a priority for admission in public
need to review regularly the curricula and textbooks of kindergartens, whereas the families receiving a public

161 “Roma and their education in Cyprus: reflections on INSETRom teacher training for Roma inclusion”, Symeou L, Karagiorgi Y,
Roussounidou E & Kaloyirou C (2010). “The data for this preliminary phase of the project were collected through semi‐structured interviews
with Roma pupils and their parents, as well as their teachers, from the three schools attended by the largest numbers of Roma children in
the Greek Cypriot educational system. Despite official policies of non‐segregation and supportive measures, the data pointed to the
marginalisation of Roma children in the school system. On the basis of these findings, the authors then describe the design, implementation
and evaluation of the teacher‐training programme.”
162 For further information, see state report, para 112.
163 ACFC Thematic Commentary No.3, page 11;see also OSCE High Commissioner for National Minorities (2012), The Ljubljana Guidelines

on Integration of Diverse Societies, page 56.


164 There is no reference to Roma living in Cyprus in primary school textbooks. Only one reference to Roma being also victims of the

Holocaust during the Second World War can be found in a history textbook in the third class of public secondary schools. In a report from
2011, the Ombudsperson had asked the Ministry of Education, Culture, Sports and Youth to consider adopting a curriculum that would
include Roma history, culture and language.
165 These regulations state that “any person or public authority involved in the interpretation or implementation of the regulations is obliged

to refrain from any discrimination based on race, colour, gender, language, religion, political and other beliefs of the child or his/her parents
or guardians, citizenship, ethnic or social origin, economic situation, disability, birth, sexual orientation or any other situation”.
166 This right is guaranteed by Article 20 of the Constitution.
FIFTH OPINION ON CYPRUS / 23

allowance are exempted from paying fees in public 171. Despite the above positive actions, the Advisory
kindergartens. Committee was made aware during the visit of cases of
absenteeism and early dropout still existing among Roma
167. With a view to facilitating school enrolment of Turkish-
children.171 It also received from the authorities data about
speaking Gurbeti Roma children, the Ministry of Education,
school dropout rates at national level, but not specifically for
Culture, Sports and Youth employs Turkish Cypriot and
Roma children.172 The Advisory Committee was informed
bilingual teachers in Agios Antonios Primary and Secondary
that in case of school absenteeism,173 the school directors
Schools, where Cypriot Gurbeti Roma children are enrolled:
usually inform social welfare services and/or the police who
Turkish Cypriot teachers are employed to teach the Turkish
would conduct investigations if families did not manage to
language, history and Muslim religion. An interpreter is
bring the children back to school. The Advisory Committee
employed in Agios Antonios Primary School in order to
considers that there are insufficient studies, inquiries and
facilitate the communication and interaction of the school
consultations with the Roma communities about the root
unit with the students and their parents. The bilingual
causes of absenteeism.
teacher in Agios Antonios Secondary School teaches Greek
as a second language to the Cypriot Roma children. 172. The Advisory Committee calls on the authorities to
ensure that the right to education is guaranteed for all
168. Furthermore, the Advisory Committee was made
children belonging to national minorities and vulnerable
aware that these two schools participate in the project
groups such as Gurbeti Roma, including by enforcing
School and Social Inclusion Actions, co-funded by the EU
compulsory school attendance until the age of 15, in order
European Social Fund. This project aims at supporting the
to further reduce school absenteeism and early dropouts, in
population living below the poverty line or being at risk of
particular among Roma children; to this end, it strongly
poverty and social exclusion. It also aims at ensuring social
encourages the authorities to commission an independent
welfare and supporting financially the weaker groups of the
gender-sensitive study to assess the root causes of
population that are particularly affected by the economic
absenteeism and early school dropouts, involving members
crisis, reducing early school leaving, improving learning
of the Roma communities and the competent authorities.
outcomes and reducing school failure and delinquency.167
173. The Advisory Committee calls on the authorities to
169. The Advisory Committee notes that several activities
further invest, with adequate and structural state funding
have been implemented, some of them through EU-funded
along with external donors, in the inclusion of Gurbeti Roma
projects,168 to attract Roma students in both Agios Antonios
children in the educational system.
Primary School169 and Secondary School170 and that the
Ministry of Education, Culture, Sports and Youth provides
psychological assistance to the Agios Antonios Primary
School through visits of a psychologist once a week.
170. In addition, the Advisory Committee was informed that
the Office of the Presidential Commissioner is in the process
of concluding memoranda of understanding with several
state and private university institutions in Cyprus. These
memoranda include provisions for granting scholarships to
members of the three religious groups, and a number of
these universities may offer them their facilities and sport
centres for organising cultural and sports events.

167 “The objectives of this project ‘School and Social Inclusion Actions’ are achieved through the implementation of various measures, which
include, among others, programmes for reinforcing learning and creativity for pupils (during the morning, afternoon and summer months),
psychological support for pupils/students by experts and training programmes for the staff involved. Within the context of the project,
participating schools can open their doors to their local communities, in order to develop cooperation and synergy with all stakeholders to
be able to successfully carry out their role.”
168 For instance, activities such as theatre, choir, presentations of words used in the Turkish-Cypriot dialect or visits to a mosque.
169 Such as extra support provided to students in language and mathematics, teacher assistants in all classes, additional extra-curricular

activities (theatre, dance, graffiti, poetry recital, and sports events) during school hours, as well as after school hours. The school unit is also
implementing projects that involve all children where the diversity of each separate group of children, including the Gurbeti Roma, is
respected. Such activities include video recording of poems, songs and other cultural elements, the organisation of multi-cultural food
festivals and the celebration of the International Roma Day in various ways, such as presentations, dances and songs.
170 The Agios Antonios Primary School participates in an EU-funded programme where all stakeholders are involved with an aim to provide

a variety of learning opportunities for both students and teachers. Both schools co-operate with the NGO ‘Hope for Children’ and implements
the EU-funded project ‘PEER: Participation, Experiences and Empowerment for Roma Youth’.
171 In 2011, a report from the Ombudsperson recommended the Ministry of Education to tackle the low enrolment and high school dropout

rates of Roma children in public schools. In the framework of the investigation of a relevant complaint (no. A.K.P. 31/2016), the
Ombudsperson visited the Agios Antonios elementary school in Limassol and addressed a letter to the Ministry of Education, Culture, Sports
and Youth about the access to education of Gurbeti Roma children.
172 According to data from the Ministry of Education, Culture, Sports and Youth regarding the whole population, in the school year 2017-

2018, the dropout rate in lower secondary schools was 0.48% (same as in the school year 2016-2017) and in upper secondary school 0.06%
(it was 0.25% for the school year 2016-2017). In Agios Antonios Secondary School where usually Roma children are enrolled no dropouts
were recorded for the school year 2017-2018, whilst one dropout was recorded for the previous school year.
173 According to data from the Statistical Service of Cyprus, more than 98% of school-aged children (up to 15) attend schools.
FIFTH OPINION ON CYPRUS / 24

Private educational and training establishments language in everyday life, the production of written texts and
(Article 13) the increase of its proficient speakers.
174. The Terra Santa and Saint Mary’s schools of the 181. The ongoing research conducted for the creation of an
Latins are both private schools fully subsidised by the archive of oral tradition for CMA is intended to contribute
Ministry of Education, Culture, Sports and Youth.174 towards the further strengthening of the teaching of the
language with the creation of suitable learning material. So
175. The Advisory Committee was made aware that the
far, 17 teaching units for the levels A1 and A2 have been
level of financial support for Maronite and Latin students to
designed and completed. All the units were adapted for the
attend private secondary schools has not changed since
teaching of children, enriched with appropriate illustrations.
1996 and that no follow-up has been given to a
The educational material for the adults was also illustrated.
recommendation of the Ombudsperson addressed to the
The material produced is used in Agios Maronas Primary
Ministry of Finance in 2010 to increase the grant given to
School, the Adult Education Centres and the Annual
these students to meet the sharp increase in tuition fees.
Summer Language Camp in Kormakitis.
176. The Advisory Committee was also made aware that
182. Furthermore, in an effort to compile an Anthology of
despite a relatively large Armenian community living in
texts written in CMA, the researchers proceeded with the
Paphos, there is no Armenian school in this municipality and
collection and orthographical transcription or correction of 21
other Armenian schools are far away. The Advisory
literary texts. During the preparation of the teaching material,
Committee was informed that the Ministry of Education,
fluent native speakers expressed the need to easily access
Culture, Sports and Youth subsidises, at least partly, the
language resources such as dictionaries, grammars, etc.177
transportation of Maronite and Armenian children to their
The Advisory Committee was told that this material would be
respective schools175 and wonders whether something
further elaborated in view of its publication as an electronic
similar could be organised for Armenian children in Paphos.
online dictionary. To that end, the University of Cyprus
177. The Advisory Committee calls on the authorities to organised a training seminar on 14 December 2016 entitled
increase financial support for Maronite and Latin students in Principles of Lexicography for the researchers involved in
private secondary schools. the research for CMA revitalisation.
178. The Advisory Committee recommends the authorities 183. The Advisory Committee’s interlocutors from the
to support the access and participation in education of Armenian community, whilst welcoming governmental
Armenian children from Paphos in nearby Armenian support and the fact that Armenian is a medium of instruction
schools. in preschool, primary and lower secondary education,
regretted the absence of Armenian language classes for the
Teaching in and of minority languages (Article 14) last three years of secondary school and at university.
179. Agios Maronas Primary School operates as an 184. During the visit, members of Limassol Municipal
optional all-day school. The teaching of Cypriot Maronite Intercultural Council welcomed the possibility offered by the
Arabic (CMA) is taught as an option during the afternoon state and the municipality to use school premises for their
timetable in school premises provided free of charge. own cultural and language activities. They indicated that
Furthermore, CMA is taught in the Adult Education they could cover transport, where needed, and find certified
Centres.176 Additionally, with the initiative of the Maronites, private teachers for teaching native languages to their
CMA was taught to a group of children on a weekly basis, children; however, they requested support from the state
from October 2017 to May 2018. authorities to cover teachers’ fees.
180. The Ministry of Education, Culture, Sports and Youth 185. Having in mind that the Cypriot Maronite Arabic is only
allocates funds from its structured budget for the targeted taught in primary education, the Advisory Committee
support of the teaching of CMA, especially the operation of considers that further steps should be taken to gradually
Agios Maronas Primary School, the lessons provided in the extend the teaching of the CMA to other educational levels.
Adult Education Centres, the Annual Summer Language
Camp in Kormakitis and the ongoing research on CMA that 186. Considering efforts already deployed by the
has now entered its sixth phase. The main focus of the authorities to support the learning of Armenian in preschool,
researchers implementing the Action Plan for the primary and lower secondary education, the Advisory
Revitalisation of CMA has shifted to the production of Committee regrets that Armenian students can no longer do
teaching material and to the organisation of training courses so as of the upper secondary level.
for teachers and speakers of the language. Thus, more
187. The Advisory Committee urges the authorities to
emphasis is given at this point to the actual use of the
support the teaching of Armenian at upper secondary level

174 The Terra Santa College is subsidised with the amount of €17 086 annually and Saint Mary receives €25 945 as per the 30 May 2002
Council of Ministers Decision No. 55.709.
175 The ministry subsidises the transportation of Maronite children to Agios Maronas Primary School in Anthoupolis. Transport of Armenian

students to Nareg Schools is partly subsidised by the state and partly by the parents.
176 The CMA is also taught in the Annual Summer Language Camp for young Maronites in the village of Kormakitis, an area which is not

under the effective control of the Government of Cyprus.


177 To this end, relevant material was gathered and compiled, such as all the verbs and all the nouns and adjectives found in previous works

on CMA, as well as conjugation tables for 25 verbs.


FIFTH OPINION ON CYPRUS / 25

and to consider creating a department for the Armenian 194. The Advisory Committee recalls that “[i]t is essential
language at university. that the legal status, role, duties, membership and
institutional position of consultative bodies be clearly
188. The Advisory Committee encourages the authorities to
defined. This includes the scope of consultation, structures,
gradually extend the teaching of the Cypriot Maronite Arabic
rules governing appointment of their members and working
language beyond primary education.
methods”.180 It also recalls that appropriate attention should
Effective participation in public affairs and be paid to the inclusiveness and representativeness of
decision-making processes (Article 15) consultative bodies. This “implies, inter alia, that where there
are mixed bodies, the proportion between minority
189. Each of the three religious groups has an elected representatives and officials should not result in the latter
representative in the House of the Representatives.178 The dominating the work”.181 “Adequate resources should be
representatives of Armenians, Latins and Maronites are made available to support the effective functioning of
observers in the Parliament. They cannot take the floor consultative mechanisms.”182
except when matters relevant to their communities are
discussed and do not have the power to vote. 195. The Advisory Committee calls on the authorities to
consider the establishment of a state institution, with a clear
190. The Advisory Committee observes that there is a mandate, visibility and sufficient resources, to liaise with
continuous dialogue between representatives of the three relevant entities and address effectively the needs of
religious groups in the House of Representatives and national minorities, Roma communities, as well as other
ministries and services involved in policy making and the groups not recognised under the constitution.
implementation of measures affecting the Armenians, Latins
and Maronites, in particular the Ministry of the Interior, the 196. The Advisory Committee calls on the authorities to
Ministry of Education, Culture, Sports and Youth and the extend the possibility to intervene on all issues to the
Office of the Presidential Commissioner. representatives of the three religious groups in the House of
Representatives.
191. The Advisory Committee, however, heard complaints
from representatives of religious groups and/or members of Effective participation in socio-economic life
these communities that the area of intervention of these (Article 15)
representatives in the House of Representatives is often
197. The Advisory Committee was informed that the Social
limited, whilst they should have the possibility to express the
Welfare Services promoted the establishment of the Cyprus
views of the religious groups on all matters.
National Roma Platform,183 which ran from May 2016 to May
192. The Advisory Committee heard, in particular from the 2017. During that time frame, four working meetings with
Armenian community, about the need for recruiting more general and more targeted themes were organised with the
representatives of the religious groups in the civil service, participation of representatives of public authorities, 184 local
municipalities and semi-government bodies, as well as the authorities, independent authorities, such as the
need to have a fair proportion of members of these religious Ombudsperson and the Commissioner for the Protection of
groups in the boards of government-owned companies. Children’s Rights, academics involved with equality and/or
discrimination and representatives of Cypriot Roma and
193. Furthermore, during the visit, both the municipality of their only NGO, CypRom.185
Limassol and representatives of various ‘migrant’
communities represented in the Limassol Intercultural 198. Whilst representatives of the Social Welfare Services
Council indicated the need to have a special interlocutor met during the visit were pleased to have achieved a
within the government who could relay their needs combination of different age groups and gender balance
throughout the governmental structures.179 among Gurbeti Roma participants, they regretted a low

178 Article 109 of the Constitution of the Republic of Cyprus states: “Each religious group which under the provisions of paragraph 3 of Article
2 has opted to belong to one of the Communities shall have the right to be represented, by elected member or members of such group, in
the Communal Chamber of the Community to which such group has opted to belong as shall be provided by a relevant communal law.”
After this Chamber was dissolved, a law (Law 58/70) was enacted by which the three religious groups were granted a seat in parliament
each, over and above the seats for Greek Cypriots and Turkish Cypriots provided in the Constitution.
179 The need for such an interlocutor at governmental level was also a specific request from the Chief Rabbi of the Jewish community who

reported that the absence of a single interlocutor created unnecessary delays in solving very practical issues for this community, such as
the provision of kosher food (currently imported from abroad), slaughtering, autopsies and cemeteries. The Advisory Committee notes in
that respect that the Armenian, Maronite and Latin religious groups have their own cemeteries.
180 ACFC Thematic Commentary No. 2, The effective participation of persons belonging to national minorities in cultural, social and economic

life and in public affairs, adopted on 27 February 2008, para. 116.


181 ACFC Thematic Commentary No. 2, para. 109.
182 Ibid, para. 119; see also paras. 138-139.
183 The Cyprus National Roma Platform (NRP) was financially supported by the EU through the Rights, Equality and Citizenship Programme

(2014-2020). The platform’s objectives were to create a forum for disseminating information and enhancing knowledge to facilitate
consultation on Roma issues, promote dialogue, mutual learning and exchange of information and good practices building on a climate of
co-operation and transparency.
184 Including the Ministry of the Interior, the Ministry of Health, the Ministry of Education, Culture, Sports and Youth, the Department of

Labour and the Welfare Administration Benefits Service.


185 CypRom is a non-governmental organisation registered on 14 July 2017 and headed by Prof. Chryso Pelekani. Its aim is to improve the

situation of Gurbeti Roma in Cyprus in the following four domains: education, welfare, housing and employment.
FIFTH OPINION ON CYPRUS / 26

attendance and participation in the meetings. This low encouraging unemployed persons to actively look for a job
attendance was also confirmed by the president of CypRom cannot be successful in the case of Gurbeti Roma adults
who, however, considered that this was already a who are illiterate, do not speak Greek, have often health
considerable achievement considering the longstanding problems or need to take care of family members on long-
isolation in which Gurbeti Roma have been living so far. term sickness. Therefore, the cuts in their social benefits put
these persons in tremendous difficulties.
199. During the visit, access to employment and cuts in
their social benefits were identified by Gurbeti Roma 205. The Advisory Committee considers that authorities
interlocutors of the Advisory Committee as problematic should evaluate carefully the impact of budgetary cuts to
areas. They claimed that most of the time they are refused ensure that they do not disproportionately affect members of
a job by private employers who are the only ones required certain minority, religious or ethnic groups; if so, this could
to justify to the labour offices the reasons for the refusal (e.g. amount to indirect discrimination.
“not suitable”; “not interested”).
206. Whilst welcoming authorities’ investment in
200. Furthermore, the Advisory Committee visited a bi- developing two housing projects under a 2003-2005
communal Multiservice Centre in Limassol, mostly used by governmental programme,188 the Advisory Committee
Gurbeti Roma, which provides, with the support of the regrets that no better rehousing solutions could be found
Ministry of Labour, Welfare and Social Insurance, over the last monitoring period to improve the living
counselling and support services186 to families, youth, conditions of members of the Gurbeti Roma who still live in
children and the elderly from the Turkish-speaking residents prefabricated houses in the Polemidia municipality located
in the St. Anthony area of Limassol free of charge. in Limassol district, as well as in Paphos. The Advisory
Committee stresses that poor housing conditions have
201. The Advisory Committee recalls that “[i]n order to
negative consequences on socio-economic life.
promote effective integration of persons belonging to
disadvantaged minority groups in socio-economic life, 207. Whilst welcoming a recent initiative to develop music
comprehensive and long-term strategies should be classes with the help of private donors, the Advisory
designed and implemented. … Adequate resources need to Committee took note that due to a reduction of financial
be provided in a timely manner at all levels of operation, assistance from the authorities, the bi-communal
especially locally. Furthermore, the implementation of such Multiservice Centre in Limassol, had to reduce its action and
policies should be carefully monitored, and their impact is prevented from developing additional services and
evaluated, in close co-operation with representatives of the activities to, inter alia improve the employability of young
minorities concerned, with a view to adapting and Gurbeti Roma and prevent delinquency. In addition, the
strengthening them over time”.187 Advisory Committee is concerned that the work of this
Multiservice Centre relies too heavily on volunteers.
202. The Advisory Committee notes the efforts of the Social
Welfare Services in reaching members of the Gurbeti Roma 208. The Advisory Committee urges the authorities to
during meetings of the National Roma Platform and in develop, in close consultation with Roma representatives,
involving them in discussions on issues affecting them. organisations and other relevant civil society actors, a
Despite the low attendance of Gurbeti Roma at these past detailed action plan for the social inclusion of Roma and their
meetings, the Advisory Committee strongly encourages the overall participation in socio-economic life, with clear
authorities to pursue this type of consultation, including via indicators, timetables, distribution of tasks and budgetary
field visits to the Gurbeti Roma families living in the town of allocations, with a view to improving in particular their living
Limassol and Polemidia municipality in Limassol district. and housing conditions and developing tailor-made training
programmes to promote the employment of Roma.
203. The Advisory Committee regrets that the only
outcomes of the Cyprus National Roma Platform reported by 209. The Advisory Committee calls on the authorities to
the authorities were a press conference in order to inform increase financial and human resources allocated to the bi-
the wider public of this initiative and the acquisition of the communal Multiservice Centre in Limassol which supports
services of an expert on Roma issues who acted as a Gurbeti Roma families and to carefully evaluate the impact
professional facilitator during the meetings. The Advisory of budgetary cuts for persons belonging to this community.
Committee is deeply concerned that despite four meetings
Bilateral and multilateral co-operation (Articles 17
organised by the Social Welfare Services, nothing concrete
and 18)
emerged from this initiative and that no policies or measures
were either identified or proposed as a follow-up. 210. The Advisory Committee was informed that an
Agreement between the Government of the Republic of
204. The Advisory Committee underlines that the
Cyprus and the Government of the Republic of Armenia on
governmental policy to cut social benefits aimed at

186 This includes the assistance of a social worker and a psychologist, Greek lessons for women and teenagers, sewing, cooking and
financial management lessons for women, hairdressing lessons for teenagers, computer lessons for girls who dropped out from school,
parenting and combating domestic violence workshops, as well as networking with local businesses to help find employment.
187 ACFC Thematic Commentary No.2, para.49.
188 In the document Policy Measures of Cyprus for the Social Inclusion of Roma published on the website of the European Commission, the

Cypriot authorities indicated the creation of two housing projects for Cypriot Gypsies, one in Limassol and the other in Paphos, consisting
of 18 and 24 prefabricated housing units respectively. The housing units are equipped with all basic amenities such as drinking water and
electricity supply, solar water heaters, telephone line installation, sewage system, etc. They also indicated repairs of 20 Turkish-Cypriots’
houses inhabited by Gurbeti Roma in Limassol.
FIFTH OPINION ON CYPRUS / 27

mutual academic recognition of higher education


qualifications for the access and continuation of studies to
higher education institutions of the two countries was signed
on 15 March 2016. Moreover, the Ministry of Education,
Culture, Sports and Youth of the Republic of Cyprus and the
Ministry of Education and Science of the Republic of
Armenia signed a Business Co-operation Programme in the
fields of education and science for the years 2016-2020.
211. In addition, the representative from the Maronite
religious group in the House of Representatives informed
the Advisory Committee that the Agios Maronas Primary
School has developed co-operation with a school in
Lebanon, the Collège Notre Dame des Soeurs Antonines in
Hazmieth, aiming to strengthen relationships, increase
knowledge about each other’s culture and exchange good
practices and ideas.189 A group of students from Lebanon
visited the governmental summer camp in Cyprus in June
2018 after arrangements made by the Ministry of Education,
Culture, Sports and Youth and the Agios Maronas Primary
school and in May 2019 a group of Cypriot students visited
Lebanon, at their own expense, hosted by Lebanese
families.
212. The Nareg Armenian School further collaborated with
the Armenian Evangelical School in Lebanon.190 Moreover,
in January 2017 an educator from Lebanon provided training
for teachers working in the Nareg Schools.
213. In April 2018, the Embassy of Italy supported the
Cyprus Church Organ Festival in collaboration with the
Custody of the Holy Land – Latin Catholic Church of Cyprus
under the patronage of the Representative of the Latins in
the House of Representatives.
214. The Advisory Committee welcomes these examples of
bilateral co-operation that respond to the needs of the
Armenian, Latin, and Maronite religious groups, in a spirit of
good neighbourliness, friendly relations and co-operation
between states.
215. The Advisory Committee encourages the authorities to
pursue bilateral contacts with Armenia and Lebanon aimed
at supporting the Armenian and Maronite communities.
216. The Advisory Committee invites the authorities to
develop bilateral and multilateral co-operation with other
states in the field of Roma policy implementation, involving
members of the Cypriot Roma communities, so as to
increase exchanges at the community and authority level.

189 The initial project began in 2013 and was titled ‘From the cedar of Lebanon to the cedar of Cyprus’. Actions are planned to take place
during the school subjects of English, religious education, music and art. Students regularly exchange via emails and Skype and have
developed a dictionary with common words in Cypriot Maronite Arabic (CMA) and Arabic, as well as a CD with common songs.
190 During the school year 2017-2018, 15 students, the school principal and two teachers from the Armenian Evangelical School in Lebanon

visited Cyprus and took attended a joint programme of Armenian dance classes with children from the Nareg School. The students performed
during the annual Sports Day to the Armenian public.
The Advisory Committee on the Framework Convention for the
Protection of National Minorities is an independent body that assists
the Committee of Ministers of the Council of Europe in evaluating the
adequacy of the measures taken by the parties to the Framework
Convention to give effect to the principles set out therein.

The Framework Convention for the Protection of National Minorities,


adopted by the Committee of Ministers of the Council of Europe on
10 November 1994 and entered into force on 1 February 1998, sets
out principles to be respected, as well as goals to be achieved by the
states, in order to ensure the protection of national minorities. The
text of the Framework Convention is available in English and French,
as well as in Armenian, Greek and Turkish among other languages.

This opinion contains the evaluation of the Advisory Committee


following its fifth country visit to Cyprus.

www.coe.int/minorities

The Council of Europe is the continent’s


leading human rights organisation.
It comprises 47 member states, 27 of which
are members of the European Union.
All Council of Europe member states have signed up to
the European Convention on Human Rights, a treaty designed
to protect human rights, democracy and the rule of law.
The European Court of Human Rights oversees
the implementation of the Convention in the member states.

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