A/HRC/43/22
35.
On 27 November 2019, the Council of Ministers of the Republic of Cyprus
approved an amendment to the Code for the implementation of the Regulation of the
European Council (866/2004/ΕC) on the Green Line. The amendment has possible
consequences for freedom of movement, as it provides for checks on persons crossing the
Green Line and for limitations on the right of movement across the Green Line for certain
categories of persons. In particular, it provides that only certain categories of third country
nationals have the right of movement across the Green Line, including European Union
citizens, persons who enter from points of entrance in the Government-controlled areas or
who reside regularly in Cyprus, long-term or permanent residence permit holders, or family
members of Cypriot or European Union citizens. The amendment also provides that
exceptional permission may be granted for the movement of persons not otherwise entitled,
on the basis of criteria pertaining to medical or humanitarian issues.
36.
During the universal periodic review of Cyprus in 2019, the Government noted that
in 2018 Cyprus had recorded the highest per capita rate of registered first-time applications
for asylum in the European Union (A/HRC/41/15, para. 20). In 2018, the Asylum Service
of the Republic of Cyprus received 7,761 asylum applications (S/2019/562, para. 36).
According to the European Commission, 4,233 of these originated from migrants who had
irregularly crossed from the north to the south of the Green Line. 22 In 2019, the number of
asylum applications continued to increase, with the majority of applicants still arriving via
the northern part of Cyprus. UNHCR has noted that the increase has strained reception
capacities. A growing number of asylum seekers suffer from destitution and homelessness,
and there has been a significant rise in the backlog of first instance decisions.
37.
In response to these trends, UNFICYP intensified its patrols in the areas of the
buffer zone suspected of being used as transit routes, and often served as first responder
when refugees and asylum seekers arrived directly in the buffer zone in need of urgent
assistance (S/2019/37, paras. 34–35, and S/2019/562, paras. 36–37). In the northern part of
Cyprus, there continued to be concerns about the lack of an asylum system and the risk of
refoulement (A/HRC/40/22, para. 8). In June 2019, in order to reduce the number of
arrivals, the Turkish Cypriot authorities introduced requirements for the entry of Syrian
nationals, who then resorted to precarious sea journeys. Efforts were noted throughout 2019
regarding the introduction of basic legal provisions relating to trafficking and asylum.
38.
In the list of issues prior to submission of the fifth periodic report of Cyprus, dated 9
August 2019, the Human Rights Committee asked the Government to report on efforts to
open new crossing points and facilitate access to the south of the island. The Committee
also asked the Government to clarify whether beneficiaries of international protection were
allowed to cross to the northern part of the island (CCPR/C/CYP/QPR/5, para. 17).
D.
Property rights
39.
According to article 17 of the Universal Declaration of Human Rights, everyone has
the right to own property alone as well as in association with others, and no one is to be
arbitrarily deprived of their property.
40.
With regard to property claims in the northern part of Cyprus, according to the
Immoveable Property Commission, as at 30 November 2019 a total of 6,623 applications
had been lodged with the Commission since its establishment. Of those, 970 had been
concluded through friendly settlements and 33 through formal hearings. The Commission
had paid a total of £303,877,517 in compensation and ruled for exchange and compensation
in two cases, for restitution in three cases and for restitution and compensation in seven
cases. In one case, it had delivered a decision for restitution after the settlement of the
Cyprus issue and in another case it had ruled for partial restitution.
41.
With regard to property rights in the south, the Turkish Cypriot Properties Law
139/1991 continued to provide for the administration of Turkish Cypriot properties by the
22
8
European Commission, Report from the Commission to the Council, COM(2019) 323 final, 5 July
2019, section 1.2.
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