A/HRC/22/18
situations where its troops or police forces operate abroad” (para. 5). The Committee
recommended that Turkey should consider withdrawing its reservation and declarations,
noting that in accordance with the Committee’s general comment No. 31 (2004) on the
nature of the general legal obligation imposed on States Parties to the Covenant “the State
party should ensure that all persons under its jurisdiction and effective control are afforded
the full enjoyment of the rights enshrined in the Covenant” (ibid.).6
11.
In the report on his mission to Cyprus from 29 March to 5 April 2012
(A/HRC/22/51/Add.1), the Special Rapporteur on freedom of religion or belief addressed
several practical recommendations to the Government of the Republic of Cyprus, to the de
facto authorities in the northern part and to other stakeholders, reiterating the “importance
of ensuring that there are no human rights protection gaps and that all persons can
effectively enjoy their fundamental rights, including freedom of religion or belief, wherever
they live” (para. 73).7
12.
The persisting division of Cyprus continues to have consequences for a number of
human rights issues on the whole island, including (a) the right to life and the question of
missing persons, (b) the principle of non-discrimination, (c) freedom of movement, (d)
property rights, (e) freedom of religion and cultural rights, (f) freedom of opinion and
expression, and (g) the right to education. In addition, it is important to adopt a gender
perspective when negotiating and implementing peace agreements (see below, chap. II,
sect. H).
A.
Right to life and the question of missing persons
13.
According to article 3 of the Universal Declaration of Human Rights, everyone has
the right to life, liberty and security of person. Furthermore, article 1 of the Declaration on
the Protection of All Persons from Enforced Disappearance provides that any act of
enforced disappearance is an offence to human dignity, placing the persons subjected
thereto outside the protection of the law and inflicting severe suffering on them and their
families; any act of enforced disappearance also violates or constitutes a grave threat to the
right to life.
14.
The Committee on Missing Persons in Cyprus (CMP) 8 continued the exhumation,
identification and return of the remains of missing persons. As a result of the intercommunal fighting in 1963 and 1964, as well as the events of July 1974 and afterwards, a
total of 1,493 Greek Cypriots and 502 Turkish Cypriots have been officially reported as
missing by both communities to the CMP. In July 2012, CMP contracted the International
Commission on Missing Persons to perform the typing of the DNA samples from the
relatives of missing persons, while further identifications of the remains are carried out by a
team consisting of Greek Cypriot and Turkish Cypriot geneticists at the Committee’s
anthropological laboratory at the United Nations Protected Area in Nicosia together with
6
7
8
6
The Human Rights Committee’s general comment No. 31 (para. 10) provides that: “States Parties are
required by article 2, paragraph 1, to respect and to ensure the Covenant rights to all persons who may
be within their territory and to all persons subject to their jurisdiction. This means that a State party
must respect and ensure the rights laid down in the Covenant to anyone within the power or effective
control of that State Party, even if not situated within the territory of the State Party.”
See also A/HRC/22/51/Add.1, paras. 74-87.
The Committee on Missing Persons in Cyprus was established in April 1981 by agreement between
the Greek Cypriot and Turkish Cypriot communities under the auspices of the United Nations.
According to its terms of reference the Committee neither attempts to attribute responsibility for the
death of any missing persons nor makes findings as to the cause of such death (see www.cmpcyprus.org/media/attachments/CMP/CMP%20docs/Terms_of_Reference_1981.pdf).
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