MEASURES FOR THE TURKISH CYPRIOTS-FULL TEXT IN ENGLISH
REPUBLIC OF CYPRUS
GOVERNMENT POLICY VIS A VIS THE TURKISH CYPRIOTS (SET OF MEASURES)
30 April, 2003
1. Office for Turkish Cypriot Affairs
2. One-stop offices in Cyprus and abroad
3. Joint Contact Committee for Humanitarian and Related Issues
Issue of Certificates and other Documents
1. Employment of T/C
2. Employment of qualified professionals
3. Professional Training for T/C
movement of goods in Cyprus and in the European union
Measures for Relatives of T/C missing and civilian dead.
Participation in elections
1. Turkish language lessons
2. Greek language lessons for Turkish Cypriots
1. Cultural Heritage
2. Upgrading of CyBC Broadcasts in Turkish
3. Projection of the T/C community
4.1. Participation in cultural, scientific, artistic, sports and other events
4.2. Participation of Turkish Cypriots in international sports meetings as members of the National Teams of Cyprus
Cooperation at the level of local authorities Appendix K:
De-mining of the buffer zone.
1. Office for Turkish Cypriot Affairs An Office for Turkish Cypriot Affairs, which will institutionally come under the Presidency of the Republic, will be established. For the supervision of the Office, a position of Commissioner for Turkish Cypriot Affairs shall be created, who will effectively supervise the Office. A government bill shall be tabled the soonest possible at the House of Representatives towards this end. The Desk shall have the terms of reference listed below:
A Supervisory/Consultative Body shall also be established open to participation by non-governmental organizations and individual personalities, while Turkish Cypriots will be represented as well.
The Office shall have its own budget to cover running expenses and shall also include funds for research and studies. There could also be a provision in the state budget for funds out of which particular policies or part of general policies concerning the T/C will be financed. In the initial stage of its operation the Office ?s expenses shall be covered by Presidency funds.
Terms of reference:
The Office for Turkish Cypriot Affairs shall: (a) Coordinate state efforts for the careful scrutiny of all legislation, political and administrative practices in order to avoid discrimination against Turkish Cypriots in their implementation.
(b) Make recommendations where necessary for the introduction of legislative, regulatory and administrative measures or the amendment of existing ones, so that the rights and legal interests of the Turkish Cypriots are better protected.
(c) Suggest and act for the introduction of practical arrangements for the service of Turkish Cypriot citizens of the Republic , which shall take into account the practical difficulties of T/C access to state services and to the benefits ensuing from the implementation of state policies.
(d) Receive and refer to the competent state or other services claims raised by Turkish Cypriots and make any suggestions it deems necessary, without substituting the primarily competent services.
(e) Advise the Turkish Cypriots and provide them with information regarding their rights and obligations, as well as the benefits they are entitled to enjoy under the legislation and policies in force (passports, financial grants, subsidies etc.) and also by virtue of Cyprus? accession to the European Union.
(f) Arrange for the translation into Turkish of all relevant forms, applications and other documents; it shall also set up a web page in which all the above shall be published together with any other information helpful to the Turkish Cypriots.
(g) Coordinate and monitor the implementation of any measures in favor of the Turkish Cypriots that the Government might decide at this phase of the Cyprus problem.
(h) Carry out any other task that might be assigned to it.
(i) Promote and support initiatives in the field of rapprochement.
2. One-stop Offices in Cyprus and Abroad One-stop offices shall be established in all six District Administrations, which will be initially staffed with an officer each with a good knowledge of the Turkish language. These offices shall operate as information outlets for the interested citizens of the Republic in relation to procedures and competent services to which they must apply for the satisfaction of their claims. The relevant information shall also be provided to the Turkish Cypriots abroad, by delegating relevant competence to officers in the Diplomatic Missions of the Republic.
3. Joint Contact Committee for Humanitarian and other Related Issues. It has been decided to propose to the Turkish Cypriot side the establishment of a Joint Contact Committee for Humanitarian and Related Issues for the purpose of discussing and resolving problems mainly of humanitarian nature and to facilitate communication between individuals or groups, who live on either side of the cease-fire lines. The Committee shall be tripartite (one G/C, one T/C and one UNFICYP representative). The members shall be appointed by the leaders of the two communities and will not use any titles. An UNFICYP representative shall act as coordinator/facilitator.
The meetings of the committee shall be informal. There might be an agenda or not, no minutes will be taken, only non-papers may be submitted and there will be no protocol.
The two sides may meet without the presence of the UNFICYP representative if they so desire. It is understood that the Committee shall not replace or affect the work of the Investigating Committee for Missing Persons.
CERTIFICATES AND OTHER DOCUMENTS
It has been decided that the Cyprus Government will facilitate - by making further practical arrangements - the issuing to Turkish Cypriots by the authorities of the Republic of travel documents, identity cards, birth certificates and other certificates and documents. It is clarified that the supporting documents will be used only as an element that will help the competent state organs to form an opinion as to the accuracy of the details contained therein.
Moreover certificates pertaining to the family situation or the personal status, will be examined on a case by case basis and will be taken into account by the competent authorities of the Republic of Cyprus, who, after forming an opinion, following the necessary verification of the identity of their holders and the details contained in the certificates will take the actions required of them.
All the relevant forms/applications will be available in Turkish. The Office for Turkish Cypriot Affairs will be responsible for their translation. The Office will also create a Web Page in which all the above documents and information useful for the Turkish Cypriots will be published.
The Attorney General will be called to give an opinion, either on specific cases or through general guidelines as to the way the documents and their contents should be treated.
EMPLOYMENT OF TURKISH CYPRIOTS
1.Employment of Turkish Cypriots. (a) Practical measures will be taken to facilitate the employment of Turkish Cypriots residing in the occupied areas both in the private and the public sector in the Government Controlled areas. The District Labour Offices are currently providing services to Turkish Cypriots living in the government controlled areas and also to Turkish Cypriots residing in the occupied areas who are by proof citizens of the Republic. The number of Turkish Cypriots living in the occupied areas who have been served by the District Labour Offices is limited, but recently it has been increasing. More publicity will be given to the existing practice so that the Turkish Cypriots in the occupied areas are informed that they can apply to these Offices for employment. The Mass Media and the Internet will be used to publicize employment opportunities for Turkish Cypriots, while they will also be provided with the opportunity to submit applications via e-mail.
(b) The assignment of contracting and sub-contracting to Turkish Cypriots will be promoted, provided that the contractors and subcontractors fulfill the requirements of the relevant legislation. This is something that is already taking place but is not widespread. For the above, arrangements will be made so that an appropriate coordination role is entrusted to the trade unions and as the case may by to the Cyprus Chamber of Commerce and Industry and/or the Employers? and Industrialists? Federation. It is hoped the Pancyprian Trade Union Forum will undertake the role entrusted to the trade unions.
2.Employment of Professionals The Cyprus Government, while insisting that the setting up of higher and tertiary education institutions in the occupied areas is illegal, but also wishing to avoid discrimination against factually qualified academics and graduates of these institutions, will make arrangements so that qualified Turkish Cypriots are employed in the government controlled areas taking into account their substantive qualifications.
It is understood that in relation to the Government sector and professions regulated by specific legislation, the provisions of the relevant legislation will apply.
3. Professional Training
The participation of Turkish Cypriots in research and other programs such as Leonardo, Socrates, 6th Framework Program will be encouraged and facilitated. Scholarships will be given to Turkish Cypriots to attend courses in recognized Higher and Tertiary Educational Institutions in Cyprus, like the University of Cyprus, the CIIM, the MIM, and the Higher Hotel Institute. Moreover, accelerated training programs in the use of computers will be organized for the Turkish Cypriots.
Turkish Cypriots will be encouraged to join the program for technology incubators, which is subsidized by the Ministry of Commerce, Industry and Tourism. Also the Industrial Training Authority will prepare programs tailor- made for the vocational training of Turkish Cypriots. At the same time the Public Administration Academy will prepare a program, or programs for the training of cadres of the Civil Service on the implementation of the government policy vis a vis the Turkish Cypriots. Priority will be given to senior officers in the various government departments and services directly involved in the implementation of the set of measures.
1.MOVEMENT OF GOODS IN CYPRUS AND IN THE EUROPEAN UNION
The movement of goods from the occupied areas is an issue of great importance, with direct political implications and enormous symbolic and practical significance, as one of the most serious criticisms of the Turkish Cypriots concerning the attitude of the Government of Cyprus involves the so called ?embargo? against them.
It has been decided to promote in this respect the arrangements mentioned below, which do not affect existing property rights, or other lawful interests and do not restrict the right of claiming them effectively or the means of their protection.
An indispensable condition is that the products mentioned below have been produced locally.
(a) Products for personal use/consumption Persons moving from the occupied to the government controlled areas may carry with them goods for their personal consumption, subject to the relevant legislation of the Republic of Cyprus and the European Union.
With special permission they will be allowed to carry objects of greater value, i.e. works of art, or artifacts or constructions having a unique character. The relevant requests may be submitted through the United Nations.
(b) Products destined for controlled sale in the local market For some products such as fish, shell-fish, mollusks it is possible to allow their sale in the Government controlled areas in limited quantities, after securing a special permission, provided that they are local and not imported products and that the relevant legislation of Cyprus and the European Union is complied with, including the legislation on VAT and Excise. (c) Goods destined for sale in the Cypriot market and/or the European market and export to third countries.
This arrangement is based on the presumption that the Republic of Cyprus will be part of the European economic space. (That is it will come into force from the date of Cyprus? accession to the EU, on the basis of the current state of affairs).
As the decision is that this measure will be applied from today till the accession date, the necessary arrangements will be made, taking into account the Cyprus- EU Customs Union Agreement.
For the movement of products from the occupied to the government controlled areas and the possibility of subsequently circulating in the EU or their export elsewhere, it is imperative that there should be compliance, mutatis mutandis, to the relevant legislation concerning the terms, conditions and specifications for the export of products in the EU (phytosanitary certificates, certificates of origin, rules of origin), including the excise and VAT legislation.
In this framework and provided that the above specifications are complied to, the movement of TC products to the Government controlled areas and the issue of the necessary certificates for their circulation or export will be facilitated.
For the issuing of these certificates the Cyprus Government is discussing with the EU various ways for the carrying out of the relevant certification checks that will enable the Cyprus Government to issue the necessary certificates.
At the same time the corresponding responsibility may be assigned to certain bodies in the occupied areas (such as the Chamber of Commerce), provided that they do not act in the name of the subordinate local administration.
It is understood that the export of these products will be made through the legal points of exit of the Republic.
2. MOVEMENT OF PERSONS
With a view to promoting communication throughout the island, particularly in view of the accession to the EU the following practical arrangements will be made.
(a) The access of persons from the occupied to the government-controlled areas, provided that these persons are lawfully on the territory of Cyprus, will be facilitated. To this end police checks at the crossing points will be limited to those absolutely necessary to ascertain the identity of those wishing to cross over. In connection with the movement of foreigners to the occupied areas and their return to the free areas, there will be relaxations to the current practice as regards the length of stay in the occupied areas, but always provided that they have entered the Republic in a lawful way. Efforts will also be made for a bus link between the occupied and the government controlled areas.
(b) Efforts will be made through UNFICYP to open up additional controlled crossings along the ceasefire lines, with a view to facilitating the movement of persons and goods and the provision of services from the government controlled to the occupied areas and vice versa. The opening of additional crossing points will also help other measures mentioned in the present document.
(c) Arrangements will be made in respect of the circulation from the occupied to the government controlled areas of vehicles belonging to or used by Turkish Cypriots residing in the occupied areas, so that their lawful access is allowed. Among other arrangements, provision will made for the insurance of vehicles. This measure will come into force as from May 10, 2003 so as to make the necessary legal arrangements.
3. TELECOMMUNICATION WITH THE OCCUPIED AREAS AND TURKEY
(a) Direct Dialing with the occupied areas and Turkey:
The Cyprus Telecommunications Authority (CYTA) will be allowed to proceed to the installation of direct telephone communications with Turkey and the occupied areas, with a view mainly to facilitating communication between Greek and Turkish Cypriots. This will be done as of May 2, 2003. The Turkish side will also be called to install direct fixed telephony with Cyprus in such a way as to cover the government-controlled areas.
b) CYTA will attempt to boost its transmitters so as to cover as far as possible with mobile telephony the areas north of the ceasefire line, in order to facilitate, through its network, further communication between persons on either side of the cease fire line.
c) Connection of the government-controlled areas with the occupied areas and Turkey through mobile telephony. CYTA will be allowed to conclude a roaming agreement with international companies for the connection of the government-controlled areas with the occupied areas and Turkey through mobile telephony.
APPENDIX E MEASURES REGARDING RELATIVES OF TURKISH CYPRIOTS MISSING AND NON-COMBATANTS KILLED (1963-1967 AND 1974)
a) The Turkish Cypriot relatives of missing persons will have access to information in the possession of the services of the Republic of Cyprus in connection with investigations carried out so far for the determination of the fate of their missing relatives and for possible results of these investigations.
Meetings between the relatives of missing Turkish Cypriots with competent Government officials may be arranged in Cyprus or abroad. In case the information in the possession of the competent Government services does not give convincing replies to the relatives concerned the investigations will continue.
(b) Information in the possession of the competent Government services concerning the fate of 201 Turkish Cypriots missing persons of the 1963-1967 period and of 1974, and of their burial places, will be officially conveyed to the International Committee of the Red Cross. It should be noted that the Turkish Cypriots to the Committee on Missing Persons submitted these 201 cases. The above information was conveyed through the United Nations to the Turkish Cypriot side in the framework of the implementation of the 31st July 1997 Agreement. As far as we know, the interested families have not been informed about the fate of their missing relatives.
(c) Exploratory excavations of burial places, located in the Government controlled areas, where according to testimonies, Turkish Cypriots included in the list of missing were buried, will be carried out. In places where remains are found, we will make every possible effort to take blood samples and ante-mortem data from Turkish Cypriot relatives, in order to establish scientifically the identity of the remains. In cases where remains are identified they will be handed over to the relatives, following the same procedures and by granting the same rights to these relatives as in the case of the relatives of Greek Cypriot and Greek missing.
It is noted that an exploratory excavation of a burial site containing the remains of missing Turkish Cypriots has already been carried out in the Alaminos village, Larnaka district. A team of the non-Governmental Organization Physicians for Human Rights carried out this exploratory excavation.
(d) The Government will make arrangements for the establishment of a DNA Bank as well as an Ante-mortem Data Bank and of other necessary information, from the relatives of missing Turkish Cypriots and of others killed during the period 1963-1967 and 1974. This is done in order to strengthen the efforts for the investigation of the fate of missing persons and, depending on the case, the location of the burial site, the exhumation and identification of these remains and their handing over to the relatives for proper burial in accordance with the religious customs and traditions of the families concerned.
The Government is ready to assign the responsibility for the coordination of this action to an independent team of persons from various specialties (scientists, administrators) and to provide international supervision of its work.
The Government, for this purpose, will have consultations with competent International Organizations (United Nations, International Committee of the Red Cross) and other appropriate International non-Governmental Organizations.
(e) List of missing Turkish Cypriots. As it was done in the case of the Missing Greek Cypriots and Greeks, the Government will take the necessary steps so that the names of the Turkish Cypriots whose cases have been submitted to the Committee on Missing Persons are published in the Official Gazette of the Republic in the next few days.
The list of the missing Turkish Cypriots will also be published in a suitable website on the Internet and in other ways, for easy access to this information of the interested relatives. The Turkish Cypriot relatives of missing persons and others will be given the opportunity to contribute to the continuation and completion of the investigation on the fate of missing Turkish Cypriots.
(f) Implementation, mutadis mutandis, of the provisions of the legislation regarding the Relief of Affected Persons in the case also of the relatives of the missing and killed Turkish Cypriots of the 1963-1967 period. As regards the relatives of Turkish Cypriot non-combatant civilians who are missing or dead, during the period of the Turkish invasion they will be granted the same rights as those granted to the relatives of missing and killed Greek Cypriots. It is noted that 500 cases of missing Turkish Cypriots of the periods 1963-1967 and 1974 have been presented to the Committee for Missing Persons. The exact number of the Turkish Cypriots killed during the above periods is not known.
1. Participation of Turkish Cypriots in elections The enactment of the necessary legislation will be promoted to enable the participation of the Turkish Cypriots in the elections for local authorities in the Government controlled areas and in the European Parliament elections on the basis of the relevant European Union legislation and the relevant case law of the European Court of Human Rights .
LEARNING OF THE TURKISH AND THE GREEK LANGUAGE
1. Learning of the Turkish language by Greek Cypriots The optional learning of the Turkish language in Secondary Education in the government controlled areas will be gradually introduced. To this end qualified Turkish Cypriot educationists who are willing to serve will be employed. 2. Learning of the Greek language by Turkish Cypriots.
Practical arrangements will be made for free of charge teaching of the Greek language by qualified Greek Cypriot educationists to interested Turkish Cypriot pupils/students residing in the occupied area. Moreover, Turkish Cypriots should be given the possibility to learn the Greek language through CyBC educational broadcasts.
If the access to the government-controlled areas is not possible or feasible, arrangements can be made for language teaching at places under the responsibility of the UN.
. APPENDIX H
Further practical measures will be taken for the offer of better services to Turkish Cypriot patients who come to the government-controlled areas for diagnosis or treatment.
For this purpose facilities and incentives will be provided for the development of the relations between doctors and medical foundations on either side of the ceasefire lines, to the benefit of patients. The offer of free medical-pharmaceutical treatment to Turkish Cypriots in the areas under the control of the Government will continue.
Turkish Cypriot patients who are referred by their doctor in the occupied areas or through the United Nations to a state medical institution will be provided with free medical-pharmaceutical treatment, as hitherto. Turkish Cypriots who are referred in the above stated manner and need treatment abroad will be treated in the same manner as the other citizens of the Republic.
Also the Ministry of Health recommends a hot-line which will be staffed round the clock and will be competent to handle emergency cases which require immediate transfer to a medical institution or diagnostic center in the government controlled
areas. The mechanism will be staffed with a person or persons with knowledge of the Turkish language and, when this is impossible, of the English language.
1. Cultural Heritage.
(a) The proposal for the establishment of an international institution for the protection of the cultural heritage of Cyprus submitted to the Parliamentary Assembly of the Council of Europe (sub-committee for cultural heritage affairs) will be pursued. The proposal is inspired by the need for the protection of the cultural heritage of the whole of Cyprus and provides for cooperation with the Turkish Cypriot side.
The Government should also adopt the proposal. (b) Further facilities will be provided for the maintenance of Turkish Cypriot monuments (e.g. Moslem mosques, cemeteries) in the areas under the control of the Republic, by Turkish Cypriot experts.
2. Upgrading of Turkish CyBC Broadcasts The upgrading of the CyBC broadcasts in the Turkish language is considered to be necessary and will include extension of the sub-titling of programs, increase of the length of the news bulletin in Turkish and also of the Actualite and Prisma programs and the introduction of a new television program addressed to the Turkish Cypriots and aimed at contributing to the fostering of a spirit of confidence, mutual respect and peace between Greek Cypriots and Turkish Cypriots, neutralizing the propaganda of the occupation regime and highlighting the positive effect that the accession to the EU will have for the Turkish Cypriots.
At meetings held on 26 March 2002 and on 24 April 2002 at the Ministry of the Interior and the CyBC, respectively, it was decided to upgrade the CyBC Turkish broadcasts and the practical arrangements for implementation of the above decisions were discussed. The implementation of the decisions taken regarding this matter is being accelerated.
3. Projection of the Turkish Cypriot community Measures will be taken for the projection of the Turkish Cypriot community in Cyprus and abroad as an integral part of the Cyprus people and as an entity with its own cultural diversities. Within the framework of the popularization of this policy a regular series of radio and television broadcasts (both by the CyBC and by private channels with subsidization of the said broadcasts) will be utilized. The broadcasts will cover the history, cultural tradition, and any common features between the communities of Cyprus and the present situation of the Turkish Cypriots. Moreover, through our diplomatic missions the Turkish Cypriot community will be culturally projected through events featuring Turkish Cypriot artists, authors etc.
4.1. Participation in cultural, scientific, artistic, athletic and other events.
The Republic of Cyprus does not object to public appearances of individual artists, scientists, athletes abroad to the extent that this appearance takes place in their personal capacity only and without the use of symbols of the subordinate local administration or references to it. The attitude of the Republic of Cyprus vis a vis the participation of Turkish Cypriots in other international meetings, conferences or exhibitions and its possible reactions will be determined decisively by the above prerequisites.
Regarding bicommunal events a distinction is drawn into events in the occupied areas and events in foreign countries. As regards events in the occupied areas and events of a bicommunal character, the policy being followed remains in force.
There will be further elasticity for such events in the occupied areas only in cases where respect for the lawful procedures (Lawful entry into the Republic etc) will be secured.
4.2. Participation of Turkish Cypriots in international athletic meetings as members of the national teams of Cyprus The forthcoming organization of the Olympic Games in 2004 provides an opportunity for participation of Turkish Cypriot athletes as members of the national team of Cyprus.
There have been in the past cases of participation of Turkish Cypriot athletes in international athletic meetings as members of the national team of the Republic of Cyprus. A more recent example has been the participation of a Turkish Cypriot athlete in weight lifting in the Mediterranean Games.
The participation of any athlete in the Olympic Games as well as in any meeting presupposes the achievement of the relevant performance limits for each event which are defined by the International Olympic Committee. The performance limits are sent to the National Olympic Committees, which in their turn inform the respective federations regarding each event. The Turkish Cypriots will be informed about the limits for participation in each event through a statement of the Cyprus Olympic Committee, which will be translated into Turkish and will be channeled through the Cyprus News Agency to Turkish Cypriot media, and through the Press Attaches of the Republic to Turkish Cypriots abroad.
The Director-General of the Cyprus Olympic Committee has informed us that such procedure is absolutely compatible with the regulations and that the International Olympic Committee has informed the Cyprus Olympic Committee that it can provide Cyprus the possibility to include in its national team for the Olympic Games of 2004 a limited number of athletes who do not meet the relevant performance limits if this is to facilitate the participation of Turkish Cypriot athletes. The International Olympic Committee in other cases also such as in the case of East Timor followed a similar tactic.
Taking into consideration the fact that the deadline for the submission of the limits expires at the end of August 2003 the procedure for implementation of this measure (issue of statement by the Cyprus Olympic Committee, translation into Turkish, channeling to Turkish Cypriot media and Press Attaches abroad) will start the soonest possible.
Moreover, the Cyprus Sports Organization programs for subsidizing and granting of incentives cover also Turkish Cypriot athletes who, according to their performances, are entitled to them.
. APPENDIX I
COOPERATION AT THE LEVEL OF LOCAL AUTHORITIES.
Despite the fact that the local authorities in the occupied areas are not elected on the basis of the Constitution and the Legislation of the Republic of Cyprus the Government has worked out a formula for cooperation between local leaders on either side of the cease fore lines to the benefit of the inhabitants, taking into account also the provisions of the 1960 Constitution which concern the municipalities and on the basis of the principle of non recognition or in any way assisting the secessionist entity of the occupied areas. This cooperation has already worked regarding the town of Nicosia and successfully at that.
The Government has also worked out a formula, which will allow the financing of works in specific municipalities in the occupied areas, with their consent, from European Union funds.
The cooperation between local leaders may extend to other towns also on the basis always of full respect for the rights of the lawful inhabitants of the municipality, in accordance with the European Convention on the Protection of Human Rights and Fundamental Freedoms and the additional Protocols which apply in Cyprus, and the International Convention on Civil and Political Rights and the International Convention on Economic, Social and Cultural Rights. This applies also to the funding of works in occupied municipalities.
It is stated that a similar practice is already being applied at Pyla where the local leaders (community leaders) are cooperating to the benefit of the village without a question of recognition of the illegal regime arising.
CLEARING OF MINEFIELDS WITHIN THE BUFFER ZONE
The Cyprus Government submitted to UNFICYP in January 2002 a proposal for the clearing of all minefields within the buffer zone in accordance with the relevant UN resolutions. On 12 April 2002 UNFICYP informed the Cyprus Government about the formal negative reply of the Turkish Cypriot side. Despite this development, the Cyprus Government has reaffirmed its intention to go ahead with the unilateral clearing of the National Guard minefields within the buffer zone.
On 3-8 June 2002 a delegation of the United Nations Mine Action Service (UNMAS) visited Cyprus for an on the spot examination of the situation. We are in touch with UNFICYP and UNMAS for the implementation of the plan for the clearing of the National Guard minefields within the buffer zone.