A/HRC/34/56/Add.1
organizational difficulties. Sometimes, demands are rejected with no explanation. The
Turkish Cypriot authorities have asserted that they pay particular attention to accounting for
the icons to prevent accusations of theft should an icon go missing. The Special Rapporteur
on freedom of religion or belief recommended in 2012 that the Turkish Cypriot authorities
revise such restrictions in strict compliance with article 18 (3) of the International Covenant
on Civil and Political Rights and article 1 (3) of the Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion or Belief (see
A/HRC/22/51/Add.1, para. 82), a recommendation with which the Special Rapporteur in
the field of cultural rights concurs.
85.
During the Special Rapporteur’s visit, further restrictions were imposed by the
Turkish Cypriot authorities, who reduced the number of authorized ceremonies to only one
per year per site (except for three sites: the Apostolas Andreas monastery on the Karpaz
peninsula, the Apostolas Barnabas monastery in Famagusta/Gazimağusa, and the Ayios
Mamas church in Morphou/Güzelyurt). The Turkish Cypriot authorities shared their
concerns with the Special Rapporteur that requests to organize religious services in the
north should not be used to promote a political agenda. They further claimed that some
Turkish Cypriots were reluctant to have Greek Cypriots organizing religious ceremonies in
their villages.
86.
Such restrictions raise serious concerns, not only for the enjoyment of the rights of
people to access and maintain places of worship, but also about how those places can be a
living cultural heritage if people are not permitted to use them. They represent a serious
step backwards from previous arrangements, which were, in any case, not in line with
international human rights standards.
87.
As for all human rights, limitations to cultural rights should be a last resort. As
stated in article 4 of the International Covenant on Economic, Social and Cultural Rights,
such limitations must be determined by law, pursue a legitimate aim, be compatible with
the nature of those rights and be strictly necessary for the promotion of general welfare in a
democratic society. Furthermore, freedom to manifest one’s religion or belief may be
subject only to such limitations as are prescribed by law and are necessary to protect public
safety, order, health, or morals or the fundamental rights and freedoms of others (art. 18 of
the International Covenant on Civil and Political Rights). Any limitations must be
proportionate, meaning that the least restrictive measures must be taken when several types
of limitations may be imposed.
88.
Great efforts should be undertaken, where needed, to facilitate mutual understanding
and confidence-building between villagers and those wishing to exercise their rights to
freedom of religion and to enjoy and access cultural heritage. The Special Rapporteur also
encourages those seeking to enjoy their cultural rights to do so thoughtfully and with regard
for the rights and fears of others, if and when they arise.
89.
The Special Rapporteur notes that great confusion still surrounds the level of
implementation of the new policy. Reportedly, the new rules have been implemented in a
very restrictive and non-transparent manner, as authorizations for access once a year have
been granted to a selected number of churches only, while other requests have been turned
down without any explanation. On the other hand, she notes information provided by the
Turkish Cypriot authorities about the steady rise of authorizations granted for access since
2013, including in 2016, in absolute numbers. She believes that the utmost efforts must be
made to depoliticize the issue and to enhance cooperation and good will on both sides.
90.
The Special Rapporteur also notes with concern that police officers or guides
reportedly monitor access to sites. For example, there are accounts of Armenians being
monitored and videoed when accessing the Sourp Magar monastery. While noting the
argument made by the Turkish Cypriot authorities that they need to provide security, the
Special Rapporteur stresses the potentially chilling effect of such monitoring. Moreover,
she was not provided with any examples of security incidents arising from such visits.
91.
The Special Rapporteur notes additional unnecessary logistical inconvenience
caused to people using the sites. For example, the temporary building and church installed
for the local priest next to the Apostolos Andreas monastery for the duration of the
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