A/HRC/34/56/Add.1
78.
In particular, the conditions and procedures that must be followed in order to gain
access to sites need to be clarified and publicized. That is particularly striking for ancient
monuments that are the shared responsibility of the Department of Antiquities (protecting
them as monuments) and of their private owners, such as the Evkaf Foundation or the
Church of Cyprus (wishing to use them for religious purposes). Due to the current division,
the Foundation cannot administer and manage its properties located in the south of the
island. The Ministry of the Interior, acting as the guardian of Turkish Cypriot properties,
assumes this responsibility, including in terms of financial contributions for restoration
works to be undertaken (Law No. 139 of 1991).
79.
While the authorities are convinced that access is easy upon simple request to the
Department of Antiquities, or the service for the management of Turkish Cypriot properties
at the Ministry of the Interior, in practice people are not always aware of the procedures
they should follow. For example, the Special Rapporteur was informed of cases in which
Turkish Cypriots drove all the way to the Agia Sofia mosque in Paphos to access its
important historical cemetery, found the doors closed with no information on how to be
granted access and returned home. It is true, however that in other cases, people have been
able to visit the mosque without difficulty.
80.
The Special Rapporteur also notes that there do not appear to be a significant
number of Turkish Cypriots or Turkish speakers working in the service for the management
of Turkish Cypriot properties, which can potentially raise obstacles for those seeking
information from the service. This may also raise difficulties in terms of understanding the
meaning of some sites and organizing access appropriately.
81.
Citizens from mainland Turkey who have settled in the north and their descendants
cannot cross the Green Line. The Special Rapporteur notes the concern of the Government
of the Republic of Cyprus, which regards this as an issue of “occupation” and “illegal
colonization”17 to which article 49 (6) of the Fourth Geneva Convention applies. However,
she also notes that such people, including youth born on the island, cannot travel to the
south for cultural events or to visit cultural sites without special intervention, as they lack
the required documents, and that the long-term consequences of this may be quite negative.
The Special Rapporteur notes that several pilgrimages have been organized for them to visit
the Hala Sultan Tekke mosque. Those are positive steps and the Special Rapporteur hopes
that the limitations on the freedom of movement of those persons will be lifted and that
they will be provided with the necessary documentation at the earliest opportunity, so that
they can fully and freely access and enjoy cultural heritage.
82.
The Special Rapporteur welcomes the efforts of the Department of Antiquities to
make cultural heritage accessible to persons with disabilities. She received publications in
braille about important sites, such as the House of Eustolios and the theatre in Kourion. She
noted ramps in place at the site of the historic mosaics in Paphos and hopes that more will
be done in that regard.
(b)
Restrictions in the north
83.
Crossing the buffer zone to visit sites on an individual basis is reportedly allowed at
any time and in both directions for all Cypriot nationals, as long as they have their
documents.
84.
However, the Turkish Cypriot authorities have put in place restrictive arrangements
for collective access. Before the Special Rapporteur’s visit, access for religious ceremonies
was granted on special dates only, for sites that were considered safe and were located
outside a military zone, and were not already used for another purpose. The Special
Rapporteur received many testimonies about a lengthy and tedious process of approval that
discourages such use and is experienced as humiliating by some. Requests to organize
ceremonies need to indicate the place and date, but also the number and identity of all
participants, the icons and other religious materials, the identity of vehicles, etc. At the
crossing points, every item is checked on the way out and back. Reportedly, authorizations
are granted only a few days before the planned ceremony, which causes many
17
14
See, for example, A/HRC/22/51/Add.1, para. 55, and CCPR/C/CYP/CO/4, para. 17.