A/HRC/25/21
conflict in Cyprus, which the European Court of Human Rights has held to constitute a
continuing violation.6
9.
In preparation for the eighteenth session of the Working Group on the Universal
Periodic Review, the reports of OHCHR compiling information in United Nations
documents7 and summarizing stakeholders’ submissions for the universal periodic review
of Cyprus in 2014 during the second cycle8 contain chapters on the situation in, or in
relation to, specific regions or territories, namely, the northern part of the island.
10.
In a press release concerning interfaith communication in Cyprus, issued on 22
October 2013, the Special Rapporteur on freedom of religion or belief reiterated 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.9 In his a report on his mission to Cyprus submitted to the Human Rights
Council at its twenty-second session, the Special Rapporteur referred to the existing
frustration about the protracted conflict in Cyprus and many unsettled issues. He also noted,
however, that the vast majority of his interlocutors agreed that the political situation had
improved in recent years.10 He furthermore addressed a number of practical
recommendations to the Government of the Republic of Cyprus, the de facto authorities in
the northern part of the island and other stakeholders.11
11.
Protracted conflicts may involve a number of duty-bearers, including States and
non-State actors. On the one hand, States parties must respect and ensure the rights laid
down in international human rights treaties to anyone within the State party’s power or
effective control, even if not situated within the territory of that State party.12 On the other
hand, non-State actors that exercise government-like functions and control over a territory
are obliged to respect human rights norms when their conduct affects the human rights of
the individuals under their control.13 As the norms contained in the Universal Declaration of
Human Rights constitute customary international law, they should be enjoyed by all,
including those residing in regions of protracted conflict. In turn, these rights need to be
guaranteed by the authority that has effective control of the territory, regardless of its
international recognition and international political status. Human rights do not have any
borders; all stakeholders must ensure that the human rights needs of affected people are
addressed as swiftly and effectively as possible.14 In order to facilitate access to human
rights protection mechanisms and effective legal remedies, it is imperative that OHCHR
and other relevant actors have access and are able to work with non-State actors that
exercise government-like functions and control over a territory.15
6
7
8
9
10
11
12
13
14
15
CAT/C/TUR/Q/4, para. 8.
See A/HRC/WG.6/18/CYP/2, paras. 71-74.
See A/HRC/WG.6/18/CYP/3, paras. 66-68.
Available from
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=13880&LangID=E.
A/HRC/22/51/Add.1, para. 38.
Ibid., paras. 74-94.
See general comment No. 31 of the Human Rights Committee on the nature of the general legal
obligation imposed on States parties to the Covenant (CCPR/C/21/Rev.1/Add.13), para. 10.
A/HRC/8/17, para. 9; A/HRC/10/22, para. 22; A/HRC/12/37, para. 7; A/HRC/17/45, para. 20; and
A/HRC/20/17/Add.2, para. 13. See also A/HRC/18/51, p. 53 (case No. OTH 2/2011) and p. 93 (case
No. OTH 3/2011); A/HRC/22/51, para. 38; and CEDAW/C/GC/30, paras. 13-16.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12991&LangID=E.
A/67/869, para. 10.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents