UN Human Rights Treaties

UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL Distr. GENERAL E/CN.4/1442 5 February. 1981 Original: ENGLISH COMMISSION ON HUMAN RIGHTS Thirty-seventh session Agenda item 13 (a) QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES, INCLUDING : (a) Question of human rights in Cyprus Report of the Secretary-General submitted pursuant to decision 13 (XXXVI) of the Commission on Human Rights 1, This report is submitted pursuant to decision 13 (XXXVI) entitled Question of human rights in Cyprus, which was adopted by the Commission on Human Rights on 7 March/1980. By that decision, the Commission postponed to its thirty-seventh session discussion of the item entitled "Question of human rights in Cyprus", on the understanding that "action required by previous resolutions of the Commission oh this subject continue to remain operative including the requiest to the Secretary-General, to provide a report to the Commission regarding their implementation". 2. Since the circulation of my last report to. the Commission (E/CN.-/1373) on 8 February 1980, I and my representatives have continued our efforts in respect of the problem of missing persons in Cyprus. These efforts have been aimed at the setting up of an investigatory body for the tracing of and accounting for missing persons in both communities. In my last report I gave an account of the developments in this regard and informed the Commission that an impasse existed on this issue. On one side, the Turkish Cypriot community stood by its acceptance of General Assembly resolution 32/128 ; on the other, the Greek Cypriot community adhered to resolution 33/172 of the General Assembly. The decision-making process of the investigatory body remained one of the major points under negotiation. 3. Following new soundings made by my Special Representative in Cyprus on 21 March 1980, the Turkish Cypriot side submitted, in the form of a working paper, a proposal for consideration by the Greek Cypriot side. At the end of April 1980, however, in an exchange of public statements on the establishment of the investigatory body of missing persons, the two sides reaffirmed their original position. GE .81-10315 E/CN.4/1442 page 2 4. Having consulted with the Secretary-General, and in accordance with; the methods of work it had adopted, the Working Group on Enforced or Involuntary Disappearances set up by the Commission on Human Rights within the framework of resolution. 20 (XXXVI), decided to deal also with the question of enforced or involuntary disappearance's in Cyprus. The Grotip, which presented its report (E/CN.4/1435) to the Commission on 26 January 1981, established direct contacts with those immediately concerned with. reports of enforced or involuntary disappearances in Cyprus. The Group also accepted "in principle the invitation of the Government of Cyprus to visit that country at an appropriate time when the modalities for such a visit had been established". The Group, however, also expressed the view that its efforts should "be seen as "complementary" to those of the investigatory body which the Secretary-General was trying to set up (E/CN.4/1435, para. 33). In fact, the Group concluded that it hoped the talks on this subject would reach a satisfactory conclusion and thus make the Group's own investigation unnecessary. 5. My efforts aimed at arriving at a solution of the problem of setting up an investigatory body for the tracing of and accounting for missing persons of both Communities have continued throughout. In the latter part of 198O I conveyed to the parties certain ideas in this regard. My Special Representative in Cyprus is currently engaged in renewed direct and intensive consultations with both sides on this matter. Some progress has been made during those consultations. Remaining problems are now being tackled 'in Nicosia "by- 'all concerned. 6. During the period under review, UNFICYP has continued to discharge humanitarian functions on behalf of the Greek Cypriots remaining in the northern part of the Island, as well as to make periodic visits to the Turkish Cypriots still living in the south (S/13972, paras. 21 to 29; S/14275, paras. 21 to 29). The schooling situation of the Greek Cypriots in the north remains as described in my previous report (E/CN.4/l373, para.- 7) • The lack of secondary school facilities continues to remain a major reason for the transfer of Greek Cypriots from the north to the south, There were 1196 Greek Cypriots In the north as of 31 December 1980. 7. As regards freedom of movement of Greek Cypriots and Maronites in the north, temporary visits to the south and freedom of worship the situation remains as described in my previous report to the Commission (E/CN.4/1323 paras. 13 and 15). 8. Information covering implementation of those provisions of General Assembly resolutions which deal with changes in the demographic structure, and the return of refugees (resolutions 3212 (XXIX), para. 5; 3395. (XXX), paras. 4-6; and 33/l5 para. 5) is contained in my report of 25 November 1980 to the General Assembly on the Question of Cyprus (A/35/659,'paras. 15-17).