A/HRC/31/21
C.
Freedom of movement
29.
According to article 13 of the Universal Declaration of Human Rights, everyone has
the right to freedom of movement and residence within the borders of each State, as well as
the right to leave any country, including his own, and to return to his country. 17
30.
In Cyprus, however, crossings between the northern and the southern parts of the
island are still possible only through official crossing points, of which there are currently
seven, a situation that obviously limits the freedom of movement. Between 1 December
2014 and 31 October 2015, UNFICYP reported over 1,800,000 official crossings through
the buffer zone. In July 2015, the Secretary-General commended the decision of the
Turkish Cypriot leader to facilitate crossings by removing the requirement to complete
administrative forms at crossing points (see S/2015/517, para. 37).
31.
In its eleventh report on the implementation of Council Regulation (EC) No.
866/2004 (the Green Line Regulation), the European Commission noted an increase in the
number of both Greek Cypriots and Turkish Cypriots crossing the Green Line in 2014
compared with previous years.18 The Commission referred to one incident, while noting
that stability, predictability of practice at the crossing points and legal certainty were
essential to attain the objectives of the regulations. With UNFICYP support, important
steps were taken to facilitate the practice of religious worship, and religious leaders
benefited from easier crossing possibilities in both directions.
32.
In its concluding observations of 31 March 2015, while noting the efforts by the
Republic of Cyprus to reach an agreement with Turkish Cypriot leaders on new crossing
points, the Human Rights Committee expressed concern that certain restrictions on crossing
the Green Line — notably the policy concerning the passage of Turkish settlers and their
descendants who had been born in occupied areas — unduly interfered with the enjoyment
of the right to the freedom of movement conferred upon all residents of the island by article
12 of the International Covenant on Civil and Political Rights. The Committee
recommended that the Republic of Cyprus continue its efforts to open new crossing points
and take measures to facilitate greater access by residents of the northern part of the island
to the southern part (see CCPR/C/CYP/CO/4, para. 17). In response to the Committee’s
questions concerning crossing points and measures taken to avoid a human rights protection
gap resulting from the protracted conflict in both the northern and southern parts of the
island, the Government of the Republic of Cyprus provided clarifications concerning rules
and regulations for persons crossing the Green Line and indicated that it was not in a
position to apply and ensure the implementation of human rights in the whole of its territory
(see CCPR/C/CYP/Q/4/Add.1, paras. 6, 158 and 159).
33.
On 28 May 2015, the Greek Cypriot and Turkish Cypriot leaders announced further
confidence-building measures that would bring the two communities closer together,
including working towards the opening of more crossing points, starting at LefkaAplici/Lefke-Aplıç and Deryneia/Derynia. UNFICYP subsequently supported the work of
the Technical Committee on Crossings on the opening of the two crossing points and
facilitated discussions on the possible opening of additional crossing points. In August
2015, the Secretary-General informed the Security Council that the United Nations Mine
Action Service, facilitated by UNFICYP, had conducted risk assessments around the
proposed crossing points in the buffer zone. In order to move forward with regard to the
two crossings and ensure the safety of Cypriots and of UNFICYP personnel who would
patrol and monitor the area, the Secretary-General noted that mine clearance would be
17
18
See also the International Covenant on Civil and Political Rights, art. 12.
Report from the Commission to the Council, COM(2015) 235 final, p. 3.
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