Committee on the Elimination of Racial Discrimination

Twenty-fifth periodic report submitted by Cyprus under article 9 of the Convention, due in 2020 *

[Date received: 31 December 2019]

I.Introduction

1.The twenty-fifth periodic report of Cyprus on the International Convention on the Elimination of All Forms of Racial Discrimination (Present Report) was prepared in accordance with the ‘G uidelines for the CERD- specific Document to be submitted by States- Parties under Article 9, paragraph 1 of the Convention ’ [CERD/C/2007/1] (Guidelines). The Present Report addresses the issues and recommendations raised in the Concluding Observations of the Committee on the Elimination of All Forms of Racial Discrimination [CERD/C/CYP/CO/23-24] (Concluding Observations) in the consideration of the combined twenty third to twenty fourth periodic report of Cyprus [CERD/C/CYP/23-24] (Previous Report) and covers the developments on the elimination of all forms of racial discrimination during the period January 2016 - December 2019.

2.The Present Report has been prepared by the Law Commissioner of Cyprus, who, pursuant to a Decision of the Council of Ministers (Decision No. 38.958, dated 25/2/1993), is entrusted with ensuring compliance by Cyprus with its reporting obligations under international human rights instruments. It was compiled on the basis of information and data provided by the Ministries, Government Departments and Services having competence for the specific matters. Information was also obtained from the Independent Authority for the Investigation of Allegations and Complaints against the Police (IAIACAP).

3.Due to the continued illegal foreign occupation of 36.2% of the territory of the Republic of Cyprus, the Government is not in a position to exercise effective control over all of its territory and cannot ensure the application of the international human rights instruments or take measures in order to comply with recommendations of Treaty Bodies in areas not under its effective control. This is a fact reflected in the Report of the Office of the United Nations High Commissioner for Human Rights on the Question of Human Rights in Cyprus (A/HRC/22/18). As a consequence, the Government of the Republic of Cyprus is unable to ensure full realization of its policies and to apply its laws, policies and programmes concerning human rights and elimination of all forms of racial discrimination, to those living in the occupied areas. It is relevant to recall that, the accession of Cyprus to the European Union was subject to Protocol 10 of the 2003 Act of Accession, according to which ‘the application of the acquis shall be suspended in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control”. Consequently, all information and data presented in the Present Report, concern the Government-controlled areas. Refer also to the Country Background of the 2009 Cyprus National Report (A/HRC/WG.6/6/CYP/1. paragraphs. 5–17).

4.Since the Previous Report, despite the still challenging international economic environment, Cyprus economy has been stabilized, and the economic risks have been significantly subdued. This positive performance has been largely the result of the implementation of a series of reforms and policies which have transformed the economy into a more competitive and productive place. This is also projected by the consecutive upgrades of Cyprus economy by the Rating Agencies with Cyprus now being an investment grade economy with also from the significant decline of secondary market yields. In the real economy, the signs of economic recovery are evident, as Cyprus economy recorded a positive growth rate of 4.1% in 2018, following growth rates of 4.4% in 2017 and 6.7 in 2016. Growth has been broad based, driven by very strong performance in the tourism sector, improved labour market conditions and gradual recovery in investment. Robust economic activity levels are anticipated to be maintained over the medium-term. Labour market conditions have shown significant signs of stabilization with the unemployment rate decreasing to around 8.4% of the labour force in 2018 after a peak at 16.1% in 2014.In terms of public finances, fiscal targets have been achieved with considerable margins, and public debt has been put on a sustainable path mainly due to prudent budget execution and better that expected economic environment. In the financial sector, the banking institutions have been adequately recapitalized and restructured, resulting to the gradual return of confidence in the sector.

5.Cyprus is determined to continue its coordinated efforts to ensure full compliance with all international human rights treaties to which it is a party, and safeguard the human rights of all people in Cyprus. Respect of human rights is of paramount importance for Cyprus and the efforts of the authorities to that effect will continue unabated.Cyprus continues to grant voluntary contributions to various UN Funds and Agencies involved in human rights related activities, manifesting its adherence to and determination in combating racism and promoting human rights.

6.The Present Report follows the structure of the Guidelines. It begins by addressing paragraph 18 of the Guidelines and then continues with each Guideline article in turn, as provided in article 19 of the Guidelines. It focuses on the developments in legislation, administration, government policies and National Action Plans (NAPs), from January 2016 onwards. As requested, repetition of information is avoided through cross-reference to the information provided in the Previous Report, in the Concluding Observations and in the Follow- Up Report dated 22.5.2018 [CERD/C/CYP/CO/23-24/Add.1] (hereinafter, ‘Follow-Up Report).

II.Progress on the implementation of Durban declaration

[See also Previous Report paragraphs 7–13]

7.The new National Action Plan on Gender Equality (NAPGE) 2019–2023 has been prepared by the Ministry of Justice and Public Order as a project of close collaboration between the Government, the Commissioner for Gender Equality, local authorities, women’s organizations, NGOs, academic institutions and human rights bodies. It was approved by the Council of Ministers and is considered to be the most significant achievement in terms of the national policy on gender equality.

8.This NAPGE was formulated on the basis of international conventions and recommendations, particularly the UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and its latest Concluding Comments, the Beijing Declaration and Platform for Action, the 2013 Sustainable Development Goals (SDGs), as well as EU policy frameworks.

9.It includes the following seven thematic areas:

•Combating all forms of violence against women and gradual implementation of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (“Istanbul Convention”) (a bill was drafted and is currently pending vetting at the Law Office of the Republic);

•Promoting balanced participation between women and men in decision-making positions in public, political, social and economic life;

•Modernizing / Improving the legislative framework;

•Protecting and Empowering Vulnerable Groups of Women;

•Promoting equality between men and women in employment;

•Eliminating Gender Stereotypes and Social Prejudices; and

•Educating and Training Women in Information and Communication Technologies.

Article 1

Definition of Racial Discrimination

A.Assessment of the compliance of the definition of racial discrimination in domestic law with the definition provided in article 1, paragraph 1 of the Convention

[See Previous Report, paragraph 14].

B.Information on whether the legal system of the State party allows or provides for special measures to secure the adequate advancement of groups and individuals protected under the Convention

[See Previous Report paragraph 15].

Article 2

Legal background

A.Brief description of the legal framework and general policies to eliminate racial discrimination

[See also Previous Report, paragraph 16]

10.Cyprus incorporated in the national legal order a number of international and EU binding instruments and has amended and introduced legislation in order to effectively eliminate racism:

(i)The Rights of Persons who are Arrested and Detained Law [L. 163(I)/2005 as amended]

11.This law was amended in order to harmonize Cyprus Law with Directives 2013/48/EU of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and the right to have a third party informed upon his /her deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty, and 2016/1919/EU of the European Parliament and of the Council on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European Arrest Warrant proceedings. Following these amendments, the Chief of Police sent circular letters dated 4.6.2019 and 2.7.2019 to raise awareness between members of the Police on the provisions of the law as amended and gave instructions for strict adherence and implementation, emphasizing the right of the detainees to access a lawyer, the right of the lawyer to be present during the interview/ interrogation, to inform and communicate with a third person and consular authorities and access to free legal aid at the interview/ interrogation stage.

(ii)Law on establishing minimum standards on the rights, support and protection of victims of crime [L.51(I)/ 2016]

12.This law harmonized Cyprus Law with Directive 2012/29/EU of the European Parliament and of the Council on establishing minimum standards on the rights, support and protection of victims of crime.

13.Implementing this Law, the Police has taken the following measures:

All victims of crime are informed on their rights, the support and protection measures they are entitled to, through a special informational booklet that is given to them at the initial stage of any investigation procedure.

A special committee within the Police was appointed in order to ensure full compliance with the provisions of this Law. This committee is currently in the process of determining a specific procedure/list of practices regarding the issue of assessment of the individual needs of any victim of crime.

(iii)Law ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, [L.235/1990 as amended]

14.This Law was amended in 2017 by law L.12(III/2017) in order to provide stricter penalties in cases of ill-treatment of detained persons at Police Stations. In particular, sections 3, 5 and 6 were amended in order to increase penalties against the Head of Police Station and interrogation officers if it is proved before the court that during detention or after the release of a prisoner he/she has suffered mental abuse or physical injuries. Moreover, a new section has been included providing that the medical examination in based on the Istanbul Protocol.

(iv)Law on Combating Certain Forms and Expressions of Racism and Xenophobia by Means of Criminal Law [Law 134(I)/2011, as amended], and Criminal Code (cap.154, as amended)

15.Section 8 of the Law on Combating Certain Forms and Expressions of Racism and Xenophobia by Means of Criminal Law was repealed on 7.4.2017 with Amendment Law L.30(I)/2017. At the same time, section 35A was enacted in the Criminal Code with Amendment Law L.31(I)/2017 which has a broader spectrum and covers, in addition to racist and xenophobic motivation, the homophobic motivation as well. More specifically, section 35A of the Criminal Code provides that the Court, when imposing a penalty, may take into account, as aggravating circumstance, the motivation of prejudice against a group of persons or a member of such group of persons on the basis of race, colour, national or ethnic origin, religion or other belief, descent, sexual orientation or gender identity.

(v)Anti Trafficking Law [60(I)/2014, as amended.]

16.This Law was recently amended by Law L.117(I)/2019 aiming to further strengthen the prevention and prosecution framework of the Law and enhance the protection of the victim. To this end, it increases the penalties for the offences provided in the Law from 10 to 25 years. When the victim is a child, or when it is proven that the purpose of human trafficking is organ removal, the penalty is life imprisonment. Furthermore, it criminalizes of the use of services of victims, by setting a penalty of 10 years or 50,000euros fine, or both. It also introduces a section criminalizing the use of sexual services, stipulating that any person who asks for or receives or uses the services of a victim of sexual exploitation is guilty of this offence. It therefore removes, for the case of sexual exploitation, the «reasonable suspicion» condition. The term “demand” is also introduced in the law, and it includes:

(i)The client, who asks and buys services of human trafficking;

(ii)The trafficker, who recruits, puts into prostitution or exploits in any way the victims;

(iii)The employer, who hires the services obliged to provide the victims;

(iv)The owner of the club or other place of leisure where victims are exposed;

(v)Any other person who is involved in any way in the trafficking chain; and

(vi)In addition, the fact that a person (the user) may claim that he was not aware that the person from whom he received the service was a victim indeed, does not constitute a defence.

(vi)The Aliens and Immigration Laws (CAP 105, as amended)

17.This Law was amended by Law L.6(I)/2019 and Law L.7(I)/2019 “The Aliens and Immigration (Conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects)’’ in order to harmonize Cyprus Law with the EU Directive 2016/801 of the European Parliament and the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing. The rules for EU entry are clarified and it becomes easier for people from non- Εu countries to study or do research at EU universities. The new rules also clarify and improve conditions for non-EU interns, volunteers, school pupils and au pairs.

(vii)The Establishment and Operation of the Administrative Court Law [L.131(I)/2015]

18.With the enactment of this Law, an Administrative Court was established and operates since January 2016. The Administrative Court has taken on board all first instance administrative recourses, thus discharging the Supreme Court of this task and enabling it to carry out more expeditiously its second instance jurisdiction (appeals). Since September 2017, the number of the judges of the Administrative Court has increased from 5 to 7.

(viii)Law on Administrative Court of International Protection (Law 73(I)/2018)

19.This Law was enacted in order to establish a specialized court for international protection cases, and to provide for the transfer of cases relating to international protection to this court from the Administrative Court, so as to expedite the time for the trial of this category of cases, and simultaneously allowing the latter more time to deal with all other administrative cases. The Court has the power to examine both the legality and substance of the administrative decision and to modify the administrative decision. The judgments of the Court are subject to an appeal before the Supreme Court, only regarding their legality. Once a rejected (at first instance administrative level) applicant files a recourse before the Administrative Court for International Protection, the Court also examines the application to suspend deportation. The new Court began operations in June 2019 with 3 judges. The capacity of the court will be enhanced through the appointment of 2 additional judges within 2020.

(ix)The Legal Aid Law (Law 165(I)/2002, as amended)

20.Following the amendments of the Legal Aid Law in order to provide for legal aid to applicants of international protection, the Law was again amended in 2016 with Amendment Law L.111(I)/2016 in order to further harmonize Cyprus Law with EU Directives 2013/32/EC and 2013/33/EC concerning legal aid provided to the applicants of international protection, and in order to give effect to the EU Regulation No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.

21.The new rights that were added with this Law for applicants of international protection are: (a) the right of legal aid when lodging a recourse before the Court according to Article 146 of the Constitution against a decision rejecting their application for provision of benefits, or a decision that withdrawals or limits the benefits already provided for to the applicant, or a decision that concerns the residence or the free movement of the applicant, and (b) the right of legal aid when lodging a recourse before the Court according to Article 146 of the Constitution exercising the right granted under the provisions of paragraph (1) of article 27 of the EU Regulation No 604/2013.

(x)The Refugees Laws 2000–2019

22.A beneficiary of subsidiary protection status is protected from refoulement. In case there is a decision to cease subsidiary protection status, he/she has the right to appeal this decision before the Administrative Court for International Protection.

(xi)International Conventions

23.Cyprus is committed to protecting the rights of all persons living in the areas that are under the effective control of the Government of the Republic of Cyprus, irrespective of their nationality. Regarding the 1954 Convention relating to the status of stateless persons, internal consultations between the competent authorities are underway aiming to reach agreement on a possible drafting of a Bill. Regarding the 1961 Convention on the Reduction of Statelessness, Cyprus will not proceed to its ratification for the time being .

B.Specific and detailed information on the legislative, judicial, administrative or other measures taken

[See also Previous Report, paragraphs 17–20]

24.The Ministry of Labour, Welfare and Social Insurance (MLWSI), through the State Aid Scheme, and,based on the Commission Regulation 360/2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest, (de minimis Reg) Cyprus subsidized:

(a)The Foreigners Support Association “Saint Joseph the Migrant”, which aims at the promotion and protection of human rights and support of foreigners and operates a Centre which provides food and shelter to homeless foreigners;

(b)Multifunctional Nicosia Municipal Centre for the operation of the Multicultural Day Care Centre – Rainbow, which provides for the care of children belonging to vulnerable groups including children of migrants) after school hours.

25.On 24.01.2019, the Council of Ministers approved the establishment of the “Women’s House”, a crisis centre for women victims of violence and their children. The unitwill operate as a ‘one-stop-shop’, providing integrated services for victims of violence against women, including services to migrant women, on the principle of non-discrimination, regardless of their migrant/ legal status. An ad hoc Ministerial Committee oversees the project and a technical Committee prepared the proposal for the development of the House. The proposal was approved by the Council of Ministers in November 2019 and work is underway for the implementation of the project.

26.In May 2017, an Inspectorate Service has been set in operation at the MLWSI with the purpose of combating illegal and undeclared work, as well as monitoring the implementation of the relevant legislation, and which will contribute to the enhancement of inspections for labour exploitation and human trafficking.

27.According to the Private Employment Agencies Laws and Regulations, the MLWSI continues to inspect the private employment agencies at least once a year, in order to monitor the conditions and qualifications that need to be fulfilled in relation to natural or legal persons operating such agencies and thus prevent possible exploitation of workers. During 2018 the Department of Labour inspected 128 private employment agencies and revoked the license of six agencies.

28.Cyprus Police continues its efforts for the promotion of human rights among the members of the Police and the protection of the rights of detainees. Some of these actions are listed below:

(i)Code of Police Ethics

29.The Police Code of Ethics (Code) was distributed as a booklet to all members of the Police aiming to further strengthen public confidence towards the Police by setting very high standards of conduct by members of the Police. The Code consists of 8 articles on the general obligations and duties of the Police, police behaviour, investigations and interviews, arrest and detention procedures etc. The Code was recently revised, taking into account, inter alia, the European Police Code of Conduct and the Guide of Conduct and Ethics for Public Servants, which was prepared with the assistance of the Office of the Ombudsperson. The Code was further enriched with additional provisions concerning the behavior of the police officers during the performance of their duties and was uploaded on the Police Portal and the official website of the Cyprus Police, in Greek and in English. The Police Standing Order 1/73 “Police Code of Ethics” has also been amended in order to incorporate the above changes.

(ii)Manuals entitled “Treatment of juvenile offenders and victims and Human Rights”

30.This Manual was first introduced in 2015 by the Police in order to inform and raise awareness between police members on the protection and promotion of human rights. It includes issues relating to use of force, handling juvenile offenders and victims, treatment of detainees, detention conditions, etc. It will be distributed to members of the Police and uploaded on the police portal.

(iii)Conference entitled “Respect for Human Rights”

31.A one-day conference is organized on a yearly basis since 2016, on the occasion of the International Human Rights Day (10th of December). The last one was held on 10.12.2019. The aim of the conference is to raise awareness on the respect and protection of human rights especially during the exercise of the duties by Police members.

(iv)Folders on ‘Human Rights and Racism’ and ‘Racism & Diversity’

32.A folder was created on the internal Police portal entitled “Human Rights’’, in order to systematically inform and raise awareness among all members of the Police about issues concerning human rights and treatment of detainees. The folder includes circular letters, international conventions, legislation, reports and manuals on good practices. A specific folder on racism and diversity was uploaded on the official website of the Cyprus Police. This folder includes information brochures, addressed primarily to non- European vulnerable groups living in Cyprus. Both folders were published and uploaded in four languages (English, Bengali, Vietnamese and Sinhalese) with all the necessary information about the existing legislation and legal protection from any discriminatory treatment.

(v)Memorandum of cooperation with NGOs

33.On. 09.02.2017, Cyprus Police signed a Memorandum of Understanding on the Protection and Promotion of Human Rights with 14 Non-Governmental Organizations (NGOs). The purpose of the Memorandum was to further improve and develop closer cooperation between the Contracting Parties for the protection and promotion of human rights. The Memorandum includes provisions on “Visits in police detention centers or at Menoyia Detention Center”, “Provision of assistance in police detention centers or at Menoyia Detention Center”, “Submission of complaints / exchange of information”, “Education”, etc. In particular, several visits were made by NGOs to Police Detention Centres, meetings between representatives of the police and NGOs were carried out, events concerning human rights were organized etc.

(vi)Informational leaflets

34.The Police publishes informational leaflets on Human Rights, which are distributed to members of the Police. The leaflets are also uploaded on the Police portal.

(vii)Informational leaflet on the Rights of victims of gender-based violence

35.This has been translated in 8 languages. It is available on the Police portal, in order to be used by the police when dealing with victims of gender-based violence. This material will soon be available in printed form.

(viii)Police training manual on the gender- based violence

36.This is an important tool that aids and guides police officers dealing with this type of cases/incidents.

(ix)Establishment of the special police unit on Child Sexual Abuse crimes

37.Combating child sexual abuse has been and will continue to be amongst the highest priorities of the police. Since Jan. 1st, 2017, a central unit has been established at the police headquarters investigating all child sexual abuse allegations nationally, aiming, inter alia, at ensuring the best possible protection to children that are victims of these crimes, including children from various vulnerable groups and different ethnic minorities. At the initial stage of the investigation of these cases, following the enactment of Law L.51 (I)2016, additional informational material aimed specifically at victims of this type of crime, is given to the children and/or their parents or legal guardians. Courses on interviewing children/vulnerable witnesses on the basis of evidence-based protocols are being offered to police interviewers periodically and such courses are attended by interviewers abroad (for example, the National Children’s Advocacy Center (NCAC), Huntsville-Alabama, USA (21-25/08/2017). In addition, the following seminars are being held at the Cyprus Police Academy (CPA) concerning child sexual abuse:

(i)Basic and Refresher Courses on Interviewing Children and Vulnerable Witnesses;

(ii)Trainings for all members of the Community/Neighborhood Policing on Child Sexual Abuse;

(iii)Training Programs on Investigating Cases of Sexual Abuse (including child abuse);

(iv)Training on: a) investigating skills (interviewing suspects, evidence gathering, etc. on child sexual abuse cases and b) on non-suggestive interviewing techniques for child victims of sexual violence.

(x)Circular Letters

38.Circular letters are being distributed to all members of the Police concerning human rights and treatment of detainees. Specifically, instructions were given to all police personnel about the following issues:

•All immigration detainees must be transported from the police detention centers to Menoyia Detention Centre within 48 hours;

•The visiting schedule must be followed according to the relevant Police Standing Order and there must be signs in all police stations stating the visiting hours;

•Persons arrested and/or detained must be informed about their rights, both orally and in writing;

•Detainees’ files must be systematically reviewed;

•Copies of the document regarding the human rights of the detainees must be placed in the detention cells;

•The right of an arrested person to contact a person of his/her choice in the presence of the Police, must be guaranteed;

•The medical form must be duly filled in by the medical officer after the medical examinations;

•Isolation and any other form of punishment is strictly prohibited;

•Specific personal hygiene items (soap, shampoo, toilet paper, toothpaste, toothbrush and personal hygiene items for women), must be provided;

•Organization of inter-departmental training on issues relating to human rights and treatment of detainees.

C.Information on whether a national human rights institution, created in accordance with the Paris Principles or other appropriate bodies, have been mandated with combating racial discrimination

[See also Previous Report paragraph 21]

39.Regarding the Office of the Ombudsperson (OTO) and NATIONAL Human Rights Institution (NHRI) of Cyprus.

(i)Accreditation/status

40.Gradual upgrading of the status of the OTO as a NHRI is being considered. As for the accreditation assessment given to NHRI, (now status B) the OTO is currently in the process.

(ii)Budget and staff

41.By a recent amendment in the Evaluation of Candidates for Appointment in the Public Service Laws 1998-2018 the procedure for appointing new staff members has changed, in that, now, it will be position specific: the applicants will be excluded from the general examinations applicable for other public authorities, and will, instead, be required to take separate specific exams, as set by the Ombudsperson. Following the written examination, oral examinations shall be conducted by a five-member Committee, comprised of the Ombudsperson as Chairman and 4 other members of the OTO. Candidates will then be invited to a second interview before the Public Service Commission and shall be appointed upon the Ombudsperson’s recommendation. In this way, the Ombudsperson’s role in the appointment of his/her staff ensures the independence of the institution.

42.The Council of Ministers approved the establishment of four additional posts in the OTO for 2019. The 5 new staff members will be selected from a pool of candidates. Three additional posts are expected to be approved for 2020. Given the broad mandate of the OTO and in order for the OTO to carry out its functions even more effectively and timely, the Ombudsperson has requested further reinforcement of the OTO’s staff.

43.Comparing the allocated budget by the Ministry of Finance (MOF) and the actual budget spent by the OTO shows that the allocated budget has been sufficient in covering the needs of the OTO. In two instances where extra funding was requested, the MOF readily approved the request.

(iii)Framework of competences

44.The OTO has a broad mandate for the protection of human rights including combating racism and safeguarding equality. In addition to its general competences, the OTO acts as the Equality Body and as Cyprus Human Rights Institution. The Ombudsperson is thus provided with the tools and the mechanisms with which he/she may choose the competence under which he/she will operate in each case, in order to achieve the highest level of protection of the affected persons’ human rights.

(iv)Pluralism

45.Upon the advertisement of vacant posts in the Office, every person who has the academic qualifications based on the Service plan, is eligible to apply for the post, without any limitations.

D.Information on groups and individuals benefiting from special and concrete measures taken in the social, economic, cultural and other fields

[See also paragraphs 22 and 23 of the Previous Report]

46.A Health Care Delivery reform has been concluded in June 2019, marking the first step of the gradual introduction of a General Health System (GHS). Cyprus has adopted a new comprehensive system of universal coverage with better benefits, more effective financing mechanisms, cooperation between the public and private sectors, and the autonomation, reorganization and computerization of all public hospitals. The GHS is based on the fundamental principles of free choice of provider, social equality and solidarity, financial sustainability and universal coverage.

47.All citizens of the Republic of Cyprus who have their permanent residence in Cyprus and all persons who are contributors and have their permanent residence in Cyprus or are contributors to the GHS legally employed in Cyprus, are eligible for the GHS system. Additionally, free medical care is provided to all children and pregnant women in Cyprus, victims of trafficking and exploitation and to asylum seekers.

48.Under the GHS (1st phase commenced: 01/06/2019), there will be easier access to medicines, diagnostic technologies and preventive or therapeutic interventions. The GHS is designed, developed and implemented based on the principles of universal coverage, equal and equitable treatment of all beneficiaries, provision of a comprehensive package of healthcare services, freedom of choice of provider by the beneficiaries and social reciprocity.

49.The objectives of the GHS are:

•Universal coverage.

•Comprehensive package of healthcare services.

•Equal access for all beneficiaries to healthcare services.

•Free choice of healthcare providers.

•Solidarity in financing healthcare expenditure.

•Financial protection from catastrophic economic impact of illness.

•Improvement of quality of healthcare services.

•Reduction of waiting lists.

•Enhance transparency and control in the provision of healthcare.

•E-health implementation.

50.The Beneficiaries of the GHS:

•The GHS assures access to medically necessary, state-provided healthcare during a temporary stay in any of the 28 EU countries, Iceland, Liechtenstein, Norway and Switzerland, under the same conditions and at the same cost (free in some countries) as people insured in that country, based on the provisions of Regulation (EC) No 883/2004 on the coordination of social security systems.

•EU citizens and ordinary residents of the areas controlled by the Republic of Cyprus who are working in the areas controlled by the Republic of Cyprus, or have a permanent residence permit in the areas controlled by the Republic of Cyprus, in accordance with the provisions of The Right of EU Citizens and their Family Members to Move and Reside Freely within the Territory of the Republic of Cyprus Law, as well as their dependants, are among the beneficiaries of the GHS.

•Citizens of a non-EU country and ordinary residents of the areas under the effective control of the Republic of Cyprus who have a permanent residence permit in the areas under the effective control of the Republic of Cyprus or have the right of equal treatment in the social insurance sectors, in accordance with the Aliens and Immigration Law s, as well as their dependants, are among the beneficiaries of the NHS.

•Refugees and persons (supplementary protection status) who are ordinary residents of the areas controlled by the Republic of Cyprus and have been granted refugee or subsidiary protection status, in accordance with The Refugees Law s. Their dependants are also among the beneficiaries of the NHS.

51.Since June 2019, out-patient care by personal doctors as well as specialists, laboratories, and pharmacy services are provided for in the GHS and it is expected that by June 2020, in-patient care, Accident and Emergency, Ambulance Services and Services from Other Health professionals will also be included in the GHS thus GHS will then be fully implemented.

National Action Plans on Health

(i)NAP on Minimizing the Consequences of the Economic Crisis in Public Healthcare (NAPMCECPH) September 2013–September 2015

52.This NAPMCECPH has been successfully concluded. It was not deemed necessary to further revise this NAPMCECPH, since the main pillars have been taken up by the strategic plan of the MOH (which includes the development and implementation of National Strategies / Action Plans and Programs, addressed to specific vulnerable groups of the population e.g. The review of Cyprus’ capacities on migrant health and the development of a related strategy and the introduction of the GHS.

(ii)NAP for Public Health (NAPPH) 2016–2018

53.One of the main goals of the NAPPH 2016–2018, was the development and implementation of National Strategies / Action Plans and Programs addressed to specific, vulnerable groups of the population such as:

(i)Implementation of the NAP for the prevention of child accidents and poisoning;

(ii)Implementation of a strategy to promote children’s rights in relation to health;

(iii)Completion of the review of Cyprus’ migrant health capabilities and preparation of a corresponding strategy;

(iv)Preparation of a strategy to combat violence against children;

(v)Promotion and implementation of a Sexual and Reproductive Health and Youth Rights Strategy in Cyprus.

Article 3

Prevention, prohibition and eradication of racial segregation

[See also Previous Report, paragraphs 26–35]

54.The Social Welfare Services (SWS) through the State Aid Scheme of the MLWSI under the De Minimis Regulation, continued to subsidise the 2 Centres (the Bi-communal Centre and HERACLETOS). The main aims of the programs are to provide support to Cyprus Roma population, alleviate conditions of social exclusion etc. The programs provide supportive and counselling services to the family, parents, children, young people and older people. They also co-operate with the nearby schools, as well as local authorities in the area.

55.Based on the Council of Ministers Decision (number 72.892) and in accordance with the EU Framework for National Roma Integration Strategies up to 2020 [COM(2011) 173 final], Cyprus submitted the Policy Measures for the Social Inclusion of Cyprus Roma to the European Commission. The SWS coordinate the Cyprus yearly reporting to the European Commission on the implementation of these measures and on the Council Recommendation of 9 December 2013 on effective Cyprus Roma integration measures in the Member States (2013/C 378/01). The policy measures and reporting refer to the Cyprus Roma who are members of the Turkish Cypriot community.

56.Welfare Officers specializing in community development continue to have regular communication with local authorities, helping them identify and prioritise their needs and assist them in formulating policy plans and subsequently more concrete proposals for program development. The Cyprus Roma population have equal access to all programs run by local authorities.

57.Also, the SWS promoted the establishment of the Cyprus National Cyprus Roma Platform (Cyprus NRP), which was financially supported by the EU through the Rights, Equality and Citizenship Program (2014–2020) of the EU. The objectives of the Cyprus NRP were to create a forum for disseminating information and enhancing knowledge to facilitate consultation on Cyprus Roma issues, promote dialogue, mutual learning and exchange of information and good practices building on a climate of cooperation and transparency. The Cyprus NRP ran from May 2016 to May 2017 and its work was based on four working meetings with general and more targeted themes. The stakeholders invited and participated in the Cyprus NRP meetings were the Cyprus Roma, representatives of NGOs, Representatives of Local Authorities, Independent Authorities such as the Ombudsman and the Commissioner for the Protection of Children’s Rights, Academia involved in discrimination or/ and equality or/ and Cyprus Roma specific issues, Public Authorities such as the Ministries of Interior, Health and Education and Culture, Sports and Youth, the Department of Labour and the Welfare Administration Benefits Service. A positive aspect of the meetings was the participation of the Cyprus Roma population and their contribution. The number of Cyprus Roma participants was not consistent but fluctuated based on the topics being discussed. When they did participate, the exchange and the dialogue that took place was very productive. This was the first forum to be created where all stakeholders, including the Cyprus Roma themselves, could meet and actively seek solutions to challenges facing the Cyprus Roma population.

58.The Ministry of Education, Culture, Sport and Youth (MOECSY) continues to take measures to ensure access to education for all children including Cyprus Roma children. The new Regulations for the Operation of Public Secondary Schools, issued in February 2017, clearly state that any person or public authority involved in the interpretation or implementation of the Regulations must strictly refrain from “ any discrimination based on race, colour, gender, language, religion, political and other beliefs of the child or his/her parents or guardians, citizenship, ethnic or social origin, economic situation, disability, birth, sexual orientation or any other situation ”. Thus, any discriminatory attitudes against the Cyprus Roma or any other children are strictly forbidden.

59.The following measures were implemented, during 2018–2019, in AgiosAntoniosPrimary School (a school with high attendance of Cyprus Roma pupils):

•The school continued the implementation of the programme “School and Social Inclusion Actions” that includes the following additional measures: (a) Extra support provided to pupils in language and mathematics; (b) Teacher assistants in all classes; (c) Additional extra-curricular activities (such as sports and dancing) during school hours as well as after school hours.

•Provision of teachers who teach the Turkish language and Maths to pupils and facilitate the communication between teachers, pupils and parents.

•The Adult Education Centres continued the organisation of the course titled “History-language-culture”, especially designed for Cyprus Roma children, where their history and other elements of their cultural heritage were taught free of charge.

•Cyprus Roma pupils are fully integrated in the break time, with group play activities organised by the school, and participate in group sports activities offered during breaks.

•Children are offered free meals, when they attend the voluntary all-day school, and are fully integrated into the classroom and school programme.

60.At AgiosAntoniosSecondary School the following actions, were implemented for the school year 2018–2019:

•The school participated in the project “ School and Social Inclusion Actions ”. The implementation of this project aims to support the population living below the poverty line or being at risk of poverty and social exclusion. It also aims at ensuring social welfare and supporting financially the weaker groups of the population that are particularly affected by the economic crisis, reducing early school leaving, improving learning outcomes and reducing school failure and delinquency. Various measures were implemented including, inter alia, programmes for reinforcing learning and creativity for pupils (during the morning, afternoon and summer months). Theatre, dance, graffiti, poetry recital, athletic events and other activities were offered to pupils both in morning and afternoon hours. One major objective of the project was that participating schools could open their doors to their local communities, in order to develop cooperation and synergy with all stakeholders. In this context, Greek was taught as a second language in afternoon classes for both parents and pupils. In addition, experts offered psychological support for both pupils and parents and training programmes for the staff involved. The project is co-funded by the European Social Fund.

•The MOECSY employed a Turkish Cypriot teacher who taught Turkish language for six periods per week, History, Muslim religion and other social issues.

•The MOECSY employed a bilingual teacher in order to overcome the linguistic barrier arising from the low proficiency in the Greek language. Cyprus Roma children attended Greek language lessons for six periods per week. Greek was taught as a second language and, following the different level of attainment in Greek, a differentiated instruction was employed during the lessons. The teacher also helped pupils improve academic achievement in other lessons of the curriculum.

•Cyprus Roma pupils participated actively in various school events.

•Two Cyprus Roma pupils who were at a high risk of school failure were provided with a home school programme and succeeded to pass their examinations to the next grade. One of the pupils won the “ Pupil Volunteer Award ”.

61.The Health Care and Civic Education Committee of all Technical and Vocational Schools of Education and Training, organised the project “ When tradition meets the trends in modern design”. The aim of the project was to promote interaction between pupils, enhance collaboration among them, while introducing foreign techniques/styles in the learning process and show respect for the contribution of different cultures in the modern trends. For three consecutive years, all Technical and Vocational Schools of Education and Training participated in the European Parliament Ambassador Programme, aiming to promote civic education and awareness of European identity.

62.The MOECSY has developed and implemented an upgraded educational policy aiming at the smooth integration of pupils with migrant background into the educational system of Cyprus. The MOECSY developed an Action Plan with a variety of targeted actions, through the prism of an intercultural approach, anti-racist education and the methodology of teaching Greek as a second language. The policy focuses on different areas that were described in detail in our last year’s answer.

63.In March 2019, a European Commission peer counselling sessiontook place. The focus was on the integration of pupils with a migrant background into school education, with particular attention to the reception phase. The peer counselling session provided an opportunity for the MOECSY to: (i) collect examples of good practice; (ii) learn from the experiences of its EU peers; (iii) better understand the challenges of the integration of pupils with a migrant background; and (iv) receive recommendations for a reception phase which will prepare newcomers to receive school education.

64.The findings were used to revise the existing policy paper and the action plan developed for the years 2019–2022 on the education of pupils with migrant background in Cyprus. It involved peers from four EU Member States, SIRIUS (the EU Policy Network on Migrant Education) and the European Commission. A range of stakeholders attended, including Ministry’s staff, teachers and school leaders, school inspectors, teacher union and parents’ associations representatives. The peers presented their national and institutional perspectives and reform processes and discussed possible policy options for Cyprus.

65.This resulted in concrete policy suggestions for the design of a reception phase as well as other issues regarding the wider field of integration of pupils with a migrant background. The MOECSY also participates in a project co-funded by Asylum, Immigration and Integration Fund and the Cyprus Government that offers Greek language lessons for non-EU country minors as part of the measures to integrate asylum-seeking, refugee and women and girls from migrant background into the education system.

66.From 2016 to date, the Educational Psychology Service has conducted, in collaboration with the Pedagogical Institute (Institute), teachers’ trainings in order to develop their skills in preventing sexual violence based on racial characteristics of pupils (sexual identity, ethnicity, etc.) in schools.

Article 4

Condemnation of all forms of racist propaganda

A.Information on the legislative, judicial, administrative or other measures which give effect to the provisions of article 4 of the Convention

[see also Present Report Section 2A and Previous Report article 2.A, paragraph 16(v) and article 4.B paragraphs 37 & 38].

B.Information on whether racial motives are considered an aggravating circumstance under domestic penal legislation

[See section 2 on Legislation, of the Present Report]

C.N/A

D.Statistical data on complaints filed, prosecutions launched and sentences passed for acts prohibited under article 4 of the Convention

[see also Previous Report, article 4.C, paragraph 39–41]

67.These data include a number of cases investigated and /or prosecuted, Court outcomes /judgments. The recorded data usually account for the following information per case /incident:

(i)Victim /complainant and offender /accused (name, age, nationality);

(ii)Brief (telegraphic) description of the incident /offence which allows for their classification;

(iii)Whether it was officially recorded as a criminal offence or as a reported incident, and the reference details in each case;

(iv)Charges raised and whether specific racial charges were investigated;

(v)Court verdict /outcome /result.

68.Data recording and analysis is based on the incident /offence /case approach. Therefore, multiple charges and /or offenders and /or victims shall be counted as a single incident.

69.Statistics on the matter are being made available upon request by researchers or national or international bodies, and are readily available on the Cyprus Police website in English and Greek Statistical Data, Serious Offences, Racial Incidents.

http://www.police.gov.cy/police/police.nsf/All/80769CD31D2837B6C22581010023454E?OpenDocument

70.Data on domestic violence is collected by the Domestic Violence & Child Abuse Office and includes the following information:

•Reported Incidents of Domestic Violence by Type.

•Reported incidents of Domestic Violence by Year.

•Accused for Domestic Violence by Sex / Age.

•Complainants for Domestic Violence by Sex / Age.

•Progression and outcome of domestic violence incidents and cases.

•Progression and Outcome of Child Abuse Cases.

71.Available at:

http://www.police.gov.cy/police/police.nsf/All/B3E4070641EE3F3DC22581770031BE57?OpenDocument

72.Statistical Data are also provided by the Independent Authority for the Investigation of Allegations and Complaints Against the Police (IAIACAP) in Annex A’.

73.The EU High Level Group on Combating Racism, Xenophobia and other Forms of Intolerance, (High Level Group) in the Manual (2017) entitled «Improving the recording of hate crimes by law enforcement authorities – key guiding principles», gave very positive feedback for Cyprus, in that, it duly acknowledged that:

•Cyprus developed and adopted very effective recording mechanisms and improved guidance and training on identification, collection and recording on hate crimes (see note 22, of the Manual).

•Cyprus Police has ensured an active cooperation with civil organizations for more professional and beneficial procedures on recording of hate crimes (see note 27 of the Manual).

74.In the EU High Level Group’s Manual entitled EU Manual entitled “Hate Crime Training for Law Enforcement and Criminal Justice Authorities: 10 Key Guiding Principles” it has been acknowledged that, the hate crime training curricula in Cyprus have successfully achieved to cover the objectives of the EU by raising awareness and improving knowledge of basic concepts and of the national and international legal and policy framework. Particularly, they noted that Cyprus Police Academy Training on such issues has become an example for member-states for advance trainings be designed to focus on in-depth analysis of specific hate crime aspects. (page 10 of the manual).

Article 5

Rights and Freedoms

(I)Information grouped under particular rights

A.The right to equal treatment before tribunals and all other organs administering justice

[see also Previous Report par.48]

75.The document entitled “Rights of Detained Persons” was amended and translated in 18 languages (Greek, English, Turkish, Arabic, Bulgarian, French, Georgian, Farsi, Ukrainian, Polish, Russian, Romanian, Serbian, Spanish, Italian, Hungarian, German and Mandarin). The document is also uploaded on the internal Police portal.

Detention Centres

76.Regarding the conditions of detention, constant efforts are being made by the relevant departments of the Police to further improve the conditions of detention, to all police detention centers nationwide to meet the recommendations of the Committee for the Prevention of Torture (CPT) and the OTO. In this regard, several actions were taken:

•Educational courses: The Police, in cooperation with the MOECSY provide detainees of Menoyia Detention Center with educational courses i.e gymnastics, painting, choir. The main objective of these courses is to provide purposeful activities and cultural development to the detainees. These activities have been chosen by the majority of the detainees, by filling a relevant questionnaire prepared by the Police in order to identify their needs.

•Outdoor exercise: Detainees can use the outdoor exercise area for 3 hours daily during winter months and 4 hours daily during the summer months, where they can play basketball, volleyball, football, etc.

•Communication: Detainees can make use of Skype and internet facilities. To that end, 16 computers were installed in the common use areas to be used by the detainees. Detainees and may have regular visitors and the use of mobile phones is allowed 24 hours per day.

•Entertainment: Every wing is equipped with a TV, books and games.

•Reduction of capacity: The Police in cooperation with the relevant departments of the Police proceeded to the reduction of the capacity of Menoyia Detention Center. The current capacity of the center is 128 persons.

•Painting of the wings: the 4 wings were painted in color friendly to the detainees and paintings were placed on the walls.

•Community Police: Since 2016 the Community Police Officers organize various multicultural events with the cooperation of the relevant Embassies, Non-Profit Organizations and the Local Authorities. Their goal is:

•To achieve a smooth integration of the foreigners in our society.

•To learn about their culture and to inform them about ours.

•To inform them about the Cyprus legal system, their rights and obligations.

•To inform them about crime and ways to avoid being victimized.

•And inform them how to contact the Police and ways to cooperate with the Police.

Medical treatment

(vi)Medical examination is provided at the Menoyia Detection Centre. There is a general practitioner and a nurse who works on a 24/7 basis at the Detention Centre. A detainee can be referred by the general practitioner or the nurse to a specialist doctor, and when deemed necessary, external medical services are provided. In case of emergency, the detainee is immediately transferred to a public hospital.

(vii)Where there is a claim or indication of ill-treatment, the detainee is examined by the medical examiner within 2 hours. The latter provides a report on any injuries, including any injuries consistent with ill-treatment. However, the medical examiner does not decide on whether there is evidence of ill-treatment. This is up to the criminal investigator of the Independent Authority for the Investigation of allegations and complaints against the Police to decide accordingly. To date, in all cases referred to by the medical examiner, no ill-treatment has been established.

Funding for Menoyia Detention Center:

77.The Asylum, Migration and Integration Fund provided a fund of 173,000 euros to the Menoyia Detention Center. This amount was used to improve the detention conditions i.e painting of the four wings in a friendly colour, installation of computers and exercise equipment, purchase of other means of entertainment (balls, board games, etc.).

78.The Police Human Rights Office carried out visits to all detention centers and submit reports with recommendations for the improvement of detention conditions. Circular letters are sent to all members of the Police concerning human rights and treatment of detainees. Visits by various NGOs, national and international organizations (CPT, SPT, Commissioner of Human Rights, etc), are also carried out to Police Detention Centres, where they assess the living conditions and interview the detainees so as ensure that detainees enjoy all their rights.

79.The number of persons awaiting deportation has dropped from 256 to 128. the detainees are no longer locked in their cells during sleeping or resting hours.

B.The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual, group or institution

80.The CPA provides education and training related to human rights, racial discrimination, combating xenophobia & racism at all levels of Police training. These topics and related issues are included in the CPA’s basic courses such as the Sergeants’ Training Programme, the Inspectors’ Training Programme and the Chief Inspectors’ Training Programme, as well as at specialized courses.

81.Lectures on Preventing and Combating Discrimination and on Human Rights are being offered:

•Combating Xenophobia & Racism;

•Communication in a Multicultural Society;

•Policing a Multicultural Society;

• - Racial Discrimination and other forms of Discrimination;

•Human Rights & Police Ethics;

•Human Rights.

82.CPA periodically offers a specialized two - day programme on Combating Xenophobia, Racism and on Respecting Human Rights. The programme includes lectures such as Racism, Xenophobia and other forms of Discrimination, Human Rights, Communication in a Multicultural Society, Respecting Diversity etc.

83.The Police officers serving at the Menoyia Detention Center continue to receive a one-day refresher training, offered at least once every six months. The programme includes lectures on Human Rights and detainee’s rights, trafficking in human beings, etc.

84.Following the signing of a cooperation agreement of Cyprus Police with the University of Cyprus in July 2018, all recruits starting from September 2018, study for one semester at the University of Cyprus, where one of the Modules is “Policing and Human Rights”. In addition, the Training for Police Recruits at the Police Academy has been enriched, to include a new Module on Fundamental Rights.

85.Additionally, the Cyprus Police leads a project entitled “Circle of Change, Preventing and Combating Violence against women and girls”, that focuses on preventing and combating violence against women and girls through gender equality awareness. The project aims on influencing and / or changing the existing gender-based violence and negative stereotypes around women and girls. Thus, a training curriculum has been composed on combating violence issues, to target 217 professionals (police and others), through 6(six) training sessions, which were organized within the year 2018. In addition, the training material is being used to educate other police officers at the CPA.

86.Cyprus Police has also participated in another E.U.-funded project namely STEP46BV, which aimed on training and informing front-line professionals on issues contributing to the protection and support of victims of gender-based violence. In this framework, Cyprus Police has organized 9 seminars in the years 2018 and 2019 that were addressed to Police Officers and members of other relevant authorities.

The Police Office for Combating Discrimination (POCD)

87.Various specific seminars were also organized for police members by the Cyprus Police, as associated partner with other organisation, in European projects which were funded by the E.U. The seminars focused on the issues of good policing practices of subsequent recognition, investigation and data collection of hate and/or racially motivated crimes. Particularly, during 2016, the POCD in cooperation with and NGOs the following training seminars for police officers were organized:

(a)Four two-day training seminars were organized and one day training seminar for police members of Immigration Department, in which 60 police member were trained. These seminars were based on the project «TOGETHER! Empowering civil society and Law Enforcement Agencies to make hate crime visible», co-funded by the European Commission under the Fundamental Rights and Citizenship Programme, the Cyprus Police, in cooperation with the non-governmental organization KISA and the Office of Administration & Human Rights (Ombudsman);

(b)Two two-day training seminars were organized (June 2016) in which 50 police members were trained. These were organized in cooperation with the University of Cyprus and under the project titled «C.O.N.T.A.C.T. Creating an Online Network, monitoring Team and phone app to counter hate crime tactics»;

(c)A specialized training programme entitled «Community/Ethnic groups, behaviour, Racism and ways of Combating» took place on 13–14 October 2016, for 75 police members of Community Policing, in cooperation with the OTO;

(d)A specialist training programme for Training Officers of all Police Divisions was organized in September 2016 by the Office for Combating Discrimination, of the Crime Combating Department, Police Headquarters, Participating officers participated in further training programs. Issues such as combating prejudices within the Police, implications of the anti-racism legislation, effective investigation and recording of hate crimes were discussed and analyzed in detail.

88.Furthermore, during the last five years, a member of the POCD gave lectures entitled “Investigation of Hate Crimes”, in order to raise awareness on anti-discrimination policies, particularly on recognition, investigation and prosecution of racial and bias-motivated crimes. The lecture is part of the following academic training programs of the CPA:

•Basic Criminal Investigation Training Programme;

•Advanced Crime Investigation Training Programme;

•Sergeant’s Training Programme;

•Training Programme on Community Policing.

89.Special training programmes on trafficking are being offered to Officers of the in-line Ministries, such as labour inspectors, as well as Officers working at Municipalities, especially in the field of prevention and identification of potential victims.

Detention of Asylum Seekers

90.Asylum seekers are not detained solely because of the rejection of their asylum application at first level.

91.By a recent decision of the MOI, asylum seekers are no longer detained under the Aliens and Immigration Laws, but under the Refugees Laws [see also Present Report Article 2]

92.According to section 7(4)(c) of the Refugees Laws, detention of a minor who has applied for asylum is prohibited. Unaccompanied minors are placed in the care of the Director of SWS, who acts as the minor’s guardian, safeguarding access to his/her rights (i.e safe accommodation, health services, education, care, etc.). Based on the best interest of the child. Unaccompanied minors are placed in safe accommodation, such as foster care or residential care. Any person that enters the Republic and states that she/he is a minor, is considered to be a minor until proven otherwise.

93.In cases of unaccompanied minors, the SWS cooperate with the Asylum Service (AS), within the framework of the Dublin Regulation, for the purpose of family reunification with family members of the minor within the European Union. In some cases, where necessary, the SWS cooperate with the International Organization for Migration or the International Social Services in order to locate the family of the minor and reunite them with their family, as long as it is for the best interest of the minor.

94.In Menoyia Detention Center no unaccompanied children or families with children are detained. In cases where a parent is detained in the center and the child /children is under the care of the Director of SWS, the parent will have the right to be visited by the child.

C.Political rights, in particular the right to participate in elections, to vote and to stand for election on the basis of universal and equal suffrage

[See Previous Reports paragraphs 69–70].

D.Other civil rights

National Action Plan Against Trafficking in Human Beings 2019–2021 (NAPATHB)

95.The NAPATHB 2019–2021 was drafted by the Multidisciplinary Coordination Group against Trafficking in Human Beings and was adopted during the meeting of the Group on 24 September 2019 (it is pending approval by the Council of Ministers). This NAPATHB is the result of the evaluation of the previous NAPATHB 2016–2018 and the proposals of the members of the Group. It has also taken into account the recommendations of the Council of Europe’s Committee of Experts GRETA and the US reports (TIP Report 2017, 2018, 2019).”. The current NAPATHB aims to establish a comprehensive framework in order to effectively address all aspects of the human trafficking phenomenon. It is divided into five chapters with individual actions, timetables, and funding. These are:

•Chapter I “Legislative and Strategic Framework”;

•Chapter II “Repression and Prosecution”;

•Chapter III “Referral and Identification of Victims”;

•Chapter IV “Protection and Support of Victims”;

•Chapter V “Prevention”.

Social and financial support to asylum seekers

96.With effect from June 1st 2019, the Council of Ministers decided to increase the monthly allowance for the material conditions of asylum seekers (as regards subsistence and clothing in the form of coupons, expenses for electricity, water supply and petty expenses and rent allowance). Specific criteria for the rent establishments have been introduced, depending on the number of people who can reside in an establishment, based on the number of rooms. A rent deposit is now also provided to asylum seekers.

97.Continued assistance for families is provided, even if one of the family members is employed, provided that their monthly income is smaller than the total assistance the family is entitled to. The income amount is deducted from the cash allowance, then the coupons and finally from the rent allowance. Any type of business can now apply to become a provider of coupons.

98.Newly arrived asylum seekers who are referred to the SWS receive emergency financial assistance, from day one to cover their basic needs and accommodation. Emergency financial assistance in cash and immediate rehabilitation is provided for asylum seekers who are unable to secure a place of residence. In several cases, due to the urgent need and the special circumstances, a temporary stay in a hotel is arranged.

99.The Ministerial Decree that regulates the employment of asylum seekers in specific sectors and occupations has been reviewed. According to the relevant Decree of the Minister of Labour, Welfare and Social Insurance, asylum seekers now have access to the labour market one month after the date of the submission of their application for international protection in the following occupations:

•Agriculture/ Animal Husbandry/ Fishing workers, Aquaculture workers, Animal Care workers.

•Forage Production Workers, Bakery/ Dairy night shift workers, Freight Handlers (Manufacture), Poultry night shift workers.

•Drainage and Waste Processing Labourers, Garbage and Trash Collection and Processing workers, Recycling workers, Offal Processing workers.

•Gas Station and Car Wash Workers, Freight Handlers (Trade- Repairs), Fishery Workers, Car Painters and Panel Beaters.

•Building and Outdoor Cleaners, Distributors of Advertising and Informative Material, Food Delivery, Garden Cleaning Workers, Freight Handlers (Services), Workers in Pests Control Services.

•Kitchen Assistants, Kitchen Cleaners (Restaurant and Hotel Industry), Laundry Workers.

Sexual abuse / exploitation of children

100.The Children’s House started operating in 2017, based on the Icelandic Model Barnahus. Child friendly services are provided to child victims based on a multidisciplinary /interagency approach. The Children’s House was a top priority of the National Strategy for the Protection of Children from Sexual Abuse and Sexual Exploitation and Child Pornography launched in 2016, with the aim to provide children victims of sexual abuse and/or exploitation with immediate access to necessary child friendly services and reduce the risks of re-victimization of the child victim. Forensic interviews within the House are undertaken by specialized and trained Police Officers of the Office for Handling Cases of Domestic Violence and Child Abuse. Support services include psychological support/therapy, medical examination and social rehabilitation. The views of the child are taken into consideration on matters affecting them, always based on the best interest of the child.

101.The SWS ensure that safe and suitable accommodation is provided to all victims of trafficking. Victims receive the services and benefits as specified in the Anti-Trafficking Law. Services are provided to female victims through the State Shelter for victims of trafficking in Nicosia, which has a capacity of 15 places. The shelter is one of the options available for the accommodation of women victims of sexual exploitation. Victims may stay at the shelter for one month or for as long as deemed necessary. In addition, information is provided concerning all the services available for the support of the victim. In case a victim does not wish to stay in the shelter, financial and other support (housing provided by NGOs) is provided for as long as required. The government provides a rent subsidy and a monthly allowance for female sex trafficking victims who choose not to stay at the shelter as well as to female labour trafficking victims and all male victims. Trafficking victims have the right to apply for Guaranteed Minimum Income which includes rent allowance. The SWS also provide emergency financial assistance to cover basic needs and accommodation if needed.

102.In April 2018, the MLWSI signed a protocol of cooperation with NGO “Cyprus Stop Trafficking”. The main purpose of the Protocol is to improve the coordination, cooperation and collaboration between the SWS and the volunteer sector in the provision of services and support to victims of trafficking, including their access to information, housing, employment and social integration.

103.Through the State Aid Scheme, of the MLWSI, and under the EU Regulation 360/2012 for the provision of Services of general economic interest (De Minimis), Cyprus subsidized the NGO Cyprus Stop Trafficking for the renting and preparation of apartments provided to victims of human trafficking and for the operation of an “Open House”, which is a transitionary home for victims of human trafficking and provides for their accommodation needs. Statistical data are provided in Annex B ’ .

E.Economic, social and cultural rights

The right to work-

104.Regarding the right to work for non-eu domestic workers:

(i)The time limit for the employment of non-EU nationals as domestic workers has been abolished;

(ii)Domestic workers may change employers if they wish to do so, though the only limitation they have is that they are allowed to change up to two employers. This limitation does not apply in the case of change employer due to death, repatriation or transfer of the employer in a nursing home, criminal offense by the employer against the non-EU citizen or after a decision of the Labour Disputes Committee in favor of the non -EU nationals;

(iii)Rejection of the requests of non-EU citizens working as domestic workers to change their employer, especially in the cases that the employer passed away, or due to his difficult financial situation. None of these cases is considered to be a reason for rejection;

(iv)Rejection of the requests of non-EU citizens working as domestic workers to change their employer in the case they have been released from the previous one;

(v)The employee is given 30 days, from the date the release has been signed, in order to seek for a new employer. However, the Department is particular flexible and where justified, the employee is given up to 6 months’ time.

105.Cancellation or non-renewal of residence and work permits:

(i)According to Regulation 11(3) of the Aliens and Immigration Regulations, a work permit is terminated in the case that the employee has violated the terms of the employment contact;

(ii)The reasons of termination are clearly stated in the contract of employment. In the cases that the employer requests the termination of the residence and work permit of the employee, the Department needs to have a confirmation that this is retained to the knowledge of the employee. In the cases where there is no violence of the contract from the employees’ side, then he/she is given the chance to seek for a new employer;

(iii)The Department ensures that the employee can remain in the Republic and work for a new employer, unless he/she has violated the contract of employment. In this case his repatriation will be required immediately.

106.Signature of the release agreement:

(i)The terms and conditions for signing the release agreement are clearly explained in the contract of employment, both in Greek and English, so that the employee can understand them. One of the prerequisites for a non-EU citizen to be allowed to work in the Republic as domestic workers, is the basic knowledge of English or Greek. However, the Department considers the possibility of translating the release document into the main mother languages of non-EU citizens who work in Cyprus so that the conditions therein can be fully understood;

(ii)The Department of Labour Relations, responsible for examining disputes, between non-Eu national domestic workers and their employers may decide to end the employment relationship with a release agreement and allow the domestic worker to seek a new employer if a mutually agreed solution to the dispute cannot be found.

107.Special criteria for domestic workers who will be employed by persons with disabilities.

108.CRMD together with the Department of Labour Relations have already taken actions regarding this issue. A new framework for the employment of domestic carers for people with special needs is currently being designed with the participation of all competent services.

109.The residence and working conditions of the domestic workers.

(i)It is the employers’ obligation to provide the domestic workers with appropriate accommodation and working conditions, as well as reasonable working hours, as these are provided in the contract of employment;

(ii)The CRMD is the responsible authority for the residence and employment status of non-EU citizens in the Republic. However, the Department has taken corrective measures in favour of the non-EU citizens in order to eliminate the gaps that have been identified. These measures are the following:

•Review of the contract of employment so that the terms of termination are clearly stated.

•The contract is sent to the employee before his/her arrival in the Republic in order to ensure that he/she goes through it before signing it.

•There is no maximum period any more for non-EU citizens who wish to work in the Republic as domestic workers.

•The Department considers the possibility of translating the release document into the main mother languages of non-EU citizens who work in Cyprus so that the conditions therein can be fully understood.

Right to education and training

[See also Present Report, article 2]

110.The MOECSY gives great emphasis on ensuring equal access to education for all children living on the island, as the right to education is safeguarded in the Republic’s Constitution. Free and accessible education is offered to all pupils without prejudice based on gender, abilities, language, color, religion, political beliefs or ethnic background. All necessary measures are taken so that effective access to basic education for all is guaranteed. During theperiod under review, a systematic effort has been made to increase access to education for all children and strengthen the quality of the education provided.

111.Through its three-year strategic plan for the period 2019–2021, the MOECSY is aiming to ensure the provision of learning opportunities to all learners, through the implementation of an educational policy which embodies the values of equality, inclusiveness, creativity and innovation. The basic goal is to increase access to quality education and provide opportunities for all learners to become successful in their learning, through modernising teaching methods and approaches, designing and implementing modern developmental programmes and creating the infrastructure that can facilitate high quality education. The vision of the MOECSY is to form literate citizens with skills, responsibility, democratic ethos, historical identity as well as respect for diversity.

112.The promotion of the Armenian language is safeguarded through the operation of the Nareg Schools and is provided at the Adult Education Centres and the University of Cyprus, on demand. There is also an ongoing research for the protection and revitalization of Cypriot Maronite Arabic (CMA) which is fully funded by the MOECSY, which subsidizes the teaching of CMA, the training of Maronite teachers, the production of teaching material, as well as the organisation of events that promote CMA language and Maronite identity. During the school year 2018–2019, three groups of pupils (35 children overall) attended lessons of CMA once a week. Of particular importance is the fact that the Armenian and Cypriot Maronite Arabic languages and culture are promoted through interschool cooperation. The state covers the undergraduate fees of all EU citizens and political refugees who study at public universities in Cyprus.

[See also Previous Report, paragraph 98]

The right to equal participation in cultural activities.

[See also Previous Report, paragraphs 100–102]

113.The Youth Board of Cyprus subsidized many cultural and sports events, as well as other activities, of the Catholic Maronite “ Youth under the Youth Initiatives Project ”and the programme “ Student in Action ”.

114.The MOECSY has also developed a programme titled “ Encounters in the paths of Art ”with the participation of pupils from Nareg, Terra Santa, Stavros and Agios Vasilios Secondary Schools. In this programme, pupils studied and presented the life and work of significant and influential Maronite, Armenian, Latin and other Cypriots, such as musicians, artists, photographers, authors etc.

(II)Information by relevant groups of victims or potential victims of racial discrimination

Identification of victims of torture during the refugee determination process

(i)The Ministry of Health (MOH) undertook the training of healthcare personnel on the identification of torture signs (physical and psychological) and possible victims of torture with the contribution of a professional organisation, under the financing of European Asylum Support Office (EASO);

(ii)A screening system has been established in the First Reception Centre ‘Pournara’ and it is performed by the Asylum Service, UNHCR and EASO. Concerning applications submitted before the District Immigration Offices of the Police, the EASO registration assistants or the competent officer in charge, notifies the Asylum Service immediately if, through the screening process, a person has been identified as a victim of torture or trafficking or a vulnerable person in general (e.g. UAMs);

(iii)Interpreters will undergo training in order to be able to act as cultural mediators and be able to handle ideally this category of applicants. Through the EASO Support Plan, health experts received training in 2017 in order to be able to identify victims of torture;

(iv)Asylum officers have received various trainings on this matter by UNHCR and/or EASO and more trainings are scheduled to take place in the framework of the new Operating Plan to Cyprus (based on EASO modules and guidelines);

(v)The competent officer (Immigration Officer or EASO Registration Assistant if application is submitted at the District Immigration Offices of the police) at the facility where applications are submitted, will fill out a dedicated form, in such format as determined by the HAS, which will indicate any special reception and/or procedural needs of the applicant, as well as the nature of such needs, if possible.

115.Vulnerability assessment is conducted at the First Reception Centre ‘Pournara’ by competent officers of the Asylum Service, UNHCR and EASO. As part of the initial medical examinations to which the applicant is subjected, the examining physician, psychologist or other expert will prepare a report on whether there are any special reception and/or procedural needs of the applicant, as well as the nature of such needs; Medical examinations also aims to detect any contagious decease. If the applicant is hosted in an accommodation center, the social workers and psychologists working there will find out, after personal interviews are conducted and within a reasonable period of time after the applicant’s arrival at the accommodation center, whether those living there have any special reception and/or procedural needs and will prepare a relevant report in which they will indicate the nature of such needs.

116.If any competent authority concludes, in performing its duties under the Refugees Laws, that the applicant has any special reception and/or procedural needs, it must notify the AS immediately. The forms and reports referred to above will be notified to the AS immediately, by sealed envelope.

•The AS:

•Will, within a reasonable period of time, decide on whether it is necessary to cover any special reception and/or procedural needs, indicating the nature of any such needs in the decision concerned, after evaluating the information and data included in the forms and reports referred to above; and

•Will refer the applicant with special reception and/or procedural needs to the competent authorities, to ensure that the required support is provided.

•The AS will, interview the applicant personally with regard to his/her special reception and/or procedural needs and/or will consult with experts on special matters.

•The above procedure also applies if the special reception and/or procedural needs come up at a later stage of the international protection procedure. If a competent authority of the Republic finds out at a later stage of the international protection procedure, in performing its duties under the Refugees Laws, that the applicant has any special reception and/or procedural needs, it must notify the AS immediately, and the latter will decide on the need to cover such special reception and/or procedural needs.

•An applicant identified as an applicant with special reception and/or procedural needs will be provided by the competent authorities with support, taking into account the applicant’s special reception and/or procedural needs throughout the international protection procedure, and will also see to it that his/her situation is properly monitored.

•If the AS is informed that an applicant needs special procedural guarantees, sufficient support will be provided, including ample time to allow him/her to enjoy his/her rights and perform his/her obligations under the Refugees Laws throughout the asylum procedure.

•Where appropriate support cannot be provided under the accelerated procedure, in particular, where following an individual assessment it is established that the applicant concerned is an applicant who needs special procedural guarantees due to torture, rape or other forms of psychological, physical or sexual violence, the HAS will not use the accelerated procedure in examining his/her application. The effort to identify applicants that need special procedural guarantees must be made before the AS decides on the application.

117.The NRMis addressed to all governmental departments and services including the AS. The Officers of the AS receive training on THB and victimization indicators and upon coming across a presumed victim of trafficking the referral is made to the SWS and specified in NRM.

118.According to section 15 of the Refugees Laws, an applicant who claims, at the time of application for international protection or in the event that the responsible officer to whom an application for international protection is submitted, suspects that the applicant has been subjected to torture in his/her country of nationality, he/she is referred to a doctor for a medical examination. If the applicant claims during the asylum interview that (s)he has been a victim of torture, then the applicant is referred by the competent officer to the medical board established for this purpose.

119.In case there are indications of severe torture, the officer conducts the interview in coordination and collaboration with a doctor/the appointed medical board.

120.In 2017 the AS staff received specialized training on torture victims in the asylum procedure by the International Rehabilitation Council of Torture (IRCT), in the framework of the EASO Special Support Plan to Cyprus. In the framework of the same Support Plan, interpreters working with the AS received relevant training by EASO experts. When requested, health professionals proceed with medical and psychological or psychiatric examination of potential torture victims.The MOH has introduced an internal procedure for the purpose aiming at safeguarding of the completion of the required examination. Health professionals included in this procedure have undergone respective training on Istanbul Protocol on examination and medico-legal documentation of torture for detainees under asylum procedure. When required, professional, trained interpreters working with the AS, are providing services during the medical examination procedure.

121.As a matter of policy, applications submitted by victims of torture are given priority. Rehabilitation process commences at the point of identification that the person is a victim of torture and not after a relevant decision on the asylum claim is reached. Asylum seekers to be transferred to another European Union Member State under the Dublin System may challenge their detention or the decision to be transferred before the Administrative Court for International Protection pursuant to article 146 of the Constitution, within 75 days from becoming aware of the decision or detention. Before the transfer to a Member State in its asylum and reception system, sufficient guarantees are requested and country of information research is undertaken for the destination country in order to proceed with a decision or not for the transfer.

Statistics

122.Cyprus has become the first country of asylum applications in Europe compared to its population. Even though in 2018 Cyprus was not a top receiving country in terms of absolute number of applications lodged, it was the country receiving the highest number of applicants per inhabitant. In 2018 the increase reached 130% in asylum application compared to 70%increase in 2017. The applicants were from a diverse set of countries of origin but two thirds came from Syria, Georgia, India, Bangladesh and Pakistan. Cyprus was the second top receiving country for Indian applicants (after the United Kingdom) and the third top receiving country for applicants from Syria and Vietnam. Cyprus was also among the top five destinations for applicants of several other nationalities, including citizens of Egypt, Cameroon, Georgia and Bangladesh. In 2019, the number of new applicants for international protection exceed 1000 per month, which makes Cyprus the first country to apply for international protection in Europe in terms of population. Asylum applications for the first half of 2019 8,500 applications about 2000 of them Syrians.

123.Τhe Ministry of Interior (MOI) has put forward a new action plan on integration of migrants legally residing in Cyprus for the years 2020–2022. It is expected that the first draft of the action plan will be ready in March 2020. The new national policy and action plan will be the result of more than ten focus groups, with the participation not only of the national and local authorities, but also of all the relevant stakeholders, like international organizations, local NGOs, the academia and of course the migrants’ associations. The action plan will update Cyprus’ integration policy and will be constituted by two main parts: the priorities of Cyprus’ integration policy along with specific actions that could or should be implemented within the specified time framework. Such priorities include housing of migrants, labour market integration and skill recognition, integration of migrant women, as well as other vulnerable groups, like unaccompanied minors and members of the LGBTQI+ community etc. A new monitoring and evaluating mechanism will be established, which will include an annual report on integration and specific integration indicators.

124.A great number of integration actions have been implemented by both local authorities and NGOs, mainly funded through AMIF. These actions included free language lessons for both adults and minors, one stop-shops for all migrants and refugees (migrant info-centers), structured activities for the residents of the Open Reception and Accommodation Centre in Kofinou, a variety of programs and events, implemented by local authorities, ranging from educational courses like computer lessons, English language lessons and First Aid classes, social and family support including counseling sessions and after school child care programs, an awareness campaign for the receiving society etc. It must also be noted in February 2019 a project on vocational training and job orientation started for the first time in Cyprus.

Article 6

Effective protection and remedies

A.Information on the legislative, judicial, administrative or other measures which give effect to the provisions of article 6 of the Convention.

[see also section 2 of the Present report]

B.Information on whether, a body was established within the national legal order competent to receive and consider petitions from individuals and groups of individuals.

125.By a declaration dated 30.12.93, the Republic of Cyprus recognized the competence of the Committee on the Elimination of Racial Discrimination established under article 14 (1) of the Convention to receive and consider communications from individuals or groups of individuals within its jurisdiction claiming to be victims of a violation by the Republic of Cyprus of any of the rights set forth in this Convention.

Article 7

Education, culture and information

A.Education and teaching

126.The MOECSY continues implementing its anti-racism policy titled “ Code of Conduct against Racism and Guide for Managing and Recording Racist Incidents ”,) CAR which includes all sorts and forms of discrimination. The CAR includes definitions of basic concepts which form the theoretical background, outlines the responsibilities and commitments expected to be taken up by each member of the school community, and provides the steps to be followed by schools for dealing with racist incidents, in a detailed plan on how to deal with and prevent racist incidents. For the period under review, the CAR was implemented as follows:

•2016–2017: implementation in the context of the second goal under emphasis of the MOECSY (reports received from 41 schools);

•2017–2018: implementation across schools (reports received from 100 schools for a total of 266 racist incidents);

•2018–2019: implementation across schools (reports received from 124 schools for a total of 357 racist incidents);

•2019–2020: implementation across schools (reports expected in June 2020).

127.The Institute has offered support to schools in various ways for the implementation of the anti-racist policy in 2018–2019:

•Continuous update of website (presentations, FAQs, supportive material etc.);

•Support helpline (phone and email);

•Parents’ information leaflet in five languages;

•Focused training opportunities (school-based seminars, optional afternoon seminars, network meetings, conferences in collaboration with relevant NGOs and bodies, e.g. UNHCR, Commissioner for Children’s Rights etc.);

•Creation of a School Network across Cyprus for the support of the implementation of the anti-racist policy for a second consecutive year. The network consisted of 25 schools.

•Anti-racist education/policy conference titled “ Identifying and dealing with racisms in school: Implementation of the anti-racist policy of the Ministry ”.

128.The creation of the school network appears to be the most effective support strategy for schools implementing the policy. The school teams created in the various districts had the opportunity to exchange experiences and views on policy implementation processes and reflect on their role and ways of managing the behaviours of colleagues, children and parents. The support of schools and teachers for the implementation of the anti-racist policy by the Pedagogical Institute has been multi-dimensional and ongoing throughout the year (e.g. educational activities in various contexts and lines of communication). There has been positive feedback from the network participants, mainly regarding the substantive help and interaction they experience.

129.In January 2018, the Council of Ministers approved the National Strategy for the Prevention and Management of School Violence, as prepared by the MOECSY. It is based on scientific knowledge, on the UN Convention on Children’s Rights and on input by the Ministries involved, as well as other governmental and non-governmental organisations and organised bodies of pupils, parents/guardians and teachers. The Observatory on School Violence coordinates the Strategy which includes the following areas: a) creation of information systems regarding the extent and forms of violence in schools, b) designing and implementing legislative and administrative measures for child-protection, c) empowerment of parents, teachers and headteachers, d) training of pupils in positive and non-violent behaviours, e) pupils’ participation in the development and implementation of policies and measures and f) development of an inter-disciplinary model of services. The Observatory organises in-service teachers’ training seminars in order to empower teachers. The seminars cover issues of: a) Conflict prevention and conflict management, in order to promote better understanding, tolerance and friendship among all groups. Teachers are trained to become mediators and they subsequently train some of their pupils to become mediators themselves as well and b) Bullying prevention and bullying management. The school anti-bullying policy is promoted through these seminars and the participating schools receive mentorship on how to make their own anti-bullying protocols or mediation framework. The Observatory also collects data concerning good practices for the prevention of violence in schools, evaluates these practices and organises an annual conference where the best practices are announced, thus receiving visibility and recognition.

130.The Immediate Intervention Team offers help and support to schools having issues with youth delinquency. The Team also offers alternative programmes of school attendance, counselling and guidance and support to enable stakeholders ensure innovative and differentiated teaching and learning opportunities, as well as reasonable adjustments to pupils.

131.The MOECSY organised and carried out multi-level actions to promote and implement the Cyprus National Strategy for the Protection of Children from Sexual Abuse, Sexual Exploitation and Child Pornography. The Committee for the Prevention and Combating of Sexual Abuse and Exploitation of Children and the Institute organized specialized trainings for strengthening teachers in their work of protecting children by how to acknowledge early the signs of sexual abuse and tackle the problem as early as possible. A specialized training session was also organised for psychologists and school counsellors, as well as providing guidance to schools for their management. A Teacher’s Manual about Child Sexual Abuse has been distributed to all schools, with detailed information about the issue, in order to help teachers acknowledge signs of sexual abuse and act to support child victims or potential victims. The most important action for primary prevention of child sexual abuse concerns the education and awareness-raising among children from an early age. This education should take place both at school and at home, focusing on the promotion of healthy relationships and managing negative emotions. Sexuality education is based on the World Health Organisation guidelines and relevant lessons are included in the curriculum of Health Education. The aim is to foster attitudes, behaviours and skills to enhance individual’s self-esteem, develop personal and social skills, build values and attitudes and choose goals.

132.The MΟECSY, following the ratification of the Convention on the Rights of Disabilities, receives technical assistance from the Structural Reform Support Service (SRSS) of the European Commission and, in cooperation with experts from the European Agency of Special Needs and Inclusive Education, is in the process of reforming the existing law of Special Education, so that the education system becomes more efficient and inclusive. The vision of inclusive education is to ensure that all children, regardless of their age, are provided with high-quality educational opportunities along with their friends and peers. The experts have submitted a new draft framework law which was discussed with all stakeholders and now the project is in its second phase, which refers to the preparation of regulations that will accompany the law.

133.The MOECSY continues to support to the IMAGINE programme, implemented by the Association for Historical Dialogue and Research. The programme includes experiential activities related to human rights and anti-racism within education, for promoting a culture of peace. Following the successful completion of the activities of the programme (2017–2019) and the participation of approximately 2000 pupils and 200 teachers from all the communities in Cyprus, the programme team has announced its continuation for the school year 2019–2020 and has enriched it with more activities and meetings between children. During the programme, pupils engage in pedagogical activities in which Greek Cypriot pupils come into contact with Turkish Cypriot pupils of the same age, accompanied by their teachers. The programme pillars include an anti-racist workshop in schools and contact preparation (before the meeting with pupils from the Turkish Cypriot/Greek Cypriot community). Imagine trainers visit classrooms and engage children in experiential activities discussing issues of stereotyping, discrimination and racism as components of the culture of violence.

134.The iDecide Project (https://idecide-project.eu/) was completed in 2019, aiming to develop an innovative toolkit and induction course to support evidence-based policy making that can lead to the reduction of disparities in learning outcomes and marginalisation, by supporting school leaders, school staff, and policymakers to engage in shared and inclusive decision making. More specifically, the three goals of the Project were: (1) to develop an innovative toolkit and an induction course (face-to-face and on-line) for school leaders and school staff, based on effective principles and processes to promote shared decision making regarding the development, implementation, evaluation and improvement of inclusive policies; (2) to support evidence-based policy making which can lead to the reduction of disparities in learning outcomes and marginalisation in schools; and (3) to support the EU in reducing disparities in learning outcomes affecting learners from disadvantaged backgrounds and to strengthen cooperation and exchange of information and good practices between different areas of Europe. By implementing the toolkit and collecting data, the complexities of how decisions at school level influence marginalized groups were explored and concrete recommendations for policy and practice on how to engage in shared decision making were made. The toolkit has been developed (printed and online) and translated in five languages. The iDecide toolkit includes specific references to Cyprus Roma, migrant and refugee pupils among other categories of potentially marginalized groups.

135.The MOECSY collaborated with the Commissioner for Children’s Rights and the UNHCR Cyprus Office in a programme titled “ Away from home and fear ”, regarding children with refugee and/or migrant background in secondary education. Participating schools collaborated with all the institutions involved to create an action plan based on their specific needs, in order to promote the integration of children and their families. The design and implementation of this action plan in each school was coordinated by a group of parents, teachers and children from various backgrounds. This provided children and their families with opportunities to be heard through campaigns about children’s rights and facilitate their integration process.

136.The Institute also participated in the European project BODI, aiming to: (1) contribute to the development of education policies and practices on intercultural education, gender education and inclusion of children/parents of minority cultural backgrounds; (2) contribute to the development of teachers’ competences through new methods for teacher training and new practical tools ready to adapt; (3) contribute to the development of schools’ capacity to address cultural diversity, to ensure that children of different cultural backgrounds and their parents are not excluded and equip children for participation in an intercultural society tolerant towards gender diversity; and (4) offer tools and strategies to address sensitive issues such as gender. The Institute supports teachers and schools, by providing training workshops for the implementation of the anti-racist policy and by organising conferences on issues of racism and human rights. In addition, the Institute organises in-service teachers’ training seminars, on a school basis, as well as a series of seminars where teachers can attend in the afternoon, on an optional basis.

137.The Educational Psychology Service made interventions and provided psychological support to schools where refugee pupils were enrolled and faced specific problems in adjusting to the Cyprus culture and learning environment. Also, consultation was provided to pupils to accept their new school mates, thus minimizing rejection. Educational Psychologists are trained in order to supervise teachers in applying the prevention programme “Keep Me Safe” against sexual violence for pupils with special needs. The Educational Psychology Service has contributed in developing an Educators’ Manual against child sexual violence. Guidelines were also provided to teachers concerning pupils’ behaviours amongst them, when racial or other violent behaviours are expressed in schools in relation to their sexual identity or gender sexual violence. In addition, Educational Psychologists were trained by an expert in subjects related to immigration and trauma in order to improve their professional knowledge concerning traumatized children and families – immigrants or refugees.

138.All necessary steps are taken so that the language used in textbooks does not convey stereotyped or demeaning images, references, names or opinions. School Textbooks are written in a way so as to promote the inherent dignity of all human beings and their equality in the enjoyment of human rights. [See also Previous Report, paragraph 121].

139.Within the framework of the educational reform, the curricula for the subjects of History and Religious Education were enriched with units and success indicators regarding the history, culture, language, religion and identity of the religious groups living in Cyprus. The curriculum contains proposed activities for the designing of projects by pupils and a list of monuments is included for the organisation of planned visits by the teachers, thus promoting better understanding of the history of the religious groups of Cyprus .

B.Culture

140.The subsidy programme CULTURE 2015–2020 is the biggest funding programme of the Cultural Services and provides grants to individual artists, institutions and associations who develop activities in all artistic fields.

141.Following consultation with the religious groups of Cyprus, a new subsidy programme has been established in 2019 aiming at providing financial support to activities in all cultural fields (literature, visual arts, dance, theatre, music) carried out by the three religious groups. The new programme has been approved by the Council of Ministers and an amount of €50.000 is available in order to provide the financial aid necessary to carry out artistic activities by artists belonging in the religious groups. The amount is granted to the offices of the official representatives of the groups in the Parliament. The first evaluation of the programme’s implementation will take place at the end of 2020, year in which the programme will be implemented for the first time.

142.The Latins now have their own cultural centre named “ The House of the Latins ” in the old quarter of Nicosia The MOECSY subsidized the initial expenses and the centre was inaugurated in 2017 by the President of the Republic of Cyprus. The centre is the reference point in the community through which the public has the opportunity to learn about the historical and continuous presence of Latins in Cyprus, and the Latin community to promote cultural and socio-economic development through different activities.

143.The MOECSY focuses on the development and implementation of a number of measures/ policies for the benefit of the three religious groups and the avoidance of racial discrimination following also the “Council of Europe Framework Convention for the protection of National Minorities ”and “ The European Charter for the Regional or Minority Languages ”. On the occasion of International Mother Tongue Day in 2017, the European Commission Representation in Cyprus and the Cyprus Linguistic Society organised the event “ Western Armenian – Cypriot Arabic: New century, new speakers? ”. The event aimed to promote awareness of linguistic and cultural diversity as well as multilingualism and focused on the teaching of Western Armenian and Cypriot Arabic as mother tongues.

144.In order to enhance and promote linguistic diversity, the Cultural Services implement a subsidy programme for the publication of translations of literature works in Greek language into Turkish and literature works of Turkish Cypriot authors into Greek. The programme aims at promoting respect for linguistic diversity.

145.On 31 May 2019, the Law Office of the Republic of Cyprus organized a training workshop addressed to its members. The workshop was entitled “Prohibition of discrimination under the European Convention on Human Rights and the International Convention on the Elimination of all Forms of Racial Discrimination”. One of the key note speakers, addressed hate speech under the prism of the Convention on the Elimination of all Forms of Racial Discrimination, CERD’s recommendations and international case law. References were also made to domestic law. The workshop was an opportunity for counsels at the Attorney General’s office to discuss with their peers’ issues related to prevention of discrimination and prosecution for crimes of inciting violence or hatred directed against a group of persons (or members of such a group) defined by reference to race, colour, religion, descent or national or ethnic origin.

C.Information

[See also Previous Report paragraphs 129–134]

146.From 2016–2019 the Cyprus Radio Television Authority (CRTA) has examined various cases against the audiovisual media service providers regarding issues of discrimination. Annex C provides information regarding the cases examined, the regulatory provisions that have been violated and the penalties imposed by the CRTA.

Annex A

Statistical data on Complaints of Ill-Treatment of Non-Citizens by Members of the Police (2016–2019)

The IAIACAP has received 89 complaints:

• Criminal prosecution was exercised for 3 (see table below),

•14 complaints were retracted by the complainants,

•39 complaints are still being investigated,

•The investigation of 7 complaints was suspended due to the complainants’ failure to communicate with the IAIACAP,

•No criminal offences were justified for the remaining 26 complaints.

CRIMINAL CASES REGARDING ALLEGATIONS OF ILLTREATEMENT (2016 – 2019)
	Case No	ACCUSED POLICE OFFICER(S)	OFFENCES COMMITTED	OUTCOME OF CRIMINAL PROCEDURE
1	22/17	1 POLICE OFFICER	1) Cruel, Inhuman or Degrading Treatment or Punishment (ART.5, LAW 235/1990 & ART.20, CAP. 154)	Before court
2) Common assault (ART. 242, CAP. 154)
2	175/17	1 POLICE OFFICER	1) Cruel, Inhuman or Degrading Treatment or Punishment (ART.5, LAW 235/1990 & ART.20, CAP.154)	Before court
2) Assault causing actual bodily harm (ART.243, CAP. 154)
3) Abuse of power (ART. 105, CAP. 154)
3	225/17	3 POLICE OFFICERS	1) Cruel, Inhuman or Degrading Treatment or Punishment (ART.5, LAW 235/1990 & ART.20, CAP.154)	Before court
2) Assault causing actual bodily harm (ART.243, CAP. 154)

Independent Authority for the Investigation of Allegations and Complaints Against the Police (IAIACAP).

Annex B

Victims of Trafficking

Victims of Human Trafficking for the year 2016

Country of origin	Gender	Number of victims
Male	Female
Minor	Adult	Minor	Adult
Bulgaria	-	-	-	8	8
Romania	-	1	-	14	15
Czech Republic	-	-	-	2	2
Syria	-	-	-	1	1
Vietnam	-	1	-	1	2
Cameroon	-	-	-	4	4
Cyprus (t/c)	-	-	-	1	1
Latvia	-	-	1	3	4
Togo	-	-	-	1	1
Georgia	-	-	-	1	1
Ukraine	-	-	-	3	3
India	-	1	-	-	1
Egypt	-	1	-	-	1
Total	-	4	1	39	44

Type of Exploitation 2016

Type	Gender	Total
Male	Female
Minor	Adult	Minor	Adult
Human trafficking for sexual exploitation				16	16
Human trafficking for labor exploitation		3		1	4
Human trafficking for forced marriage		1		21	22
Human trafficking for committing criminal offences			1	1	2
ΣΥΝΟΛΟ		4	1	39	44

Victims of Trafficking for the year 2017

Country of origin	Gender	Number of victims
Male	Female
Adult	Minor	Minor	Adult
Bulgaria	-	-	-	2	2
Romania	-	2	-	4	6
Eritrea	-	-	-	1	1
Cameroon	-	-	-	6	6
Russia	-	-	-	1	1
Ivory coast	-	1	-	-	1
Moldova	-	-	-	1	1
Cyprus	-	-	-	1	1
India	-	2	-	-	2
Ukraine	-	-	-	2	2
Total	-	5	-	18	23

Type of Exploitation 2017

Type	Gender	Total
Male	Female
Minor	Adult	Adult	Minor
Human trafficking for sexual exploitation	-	-	-	15	15
Human trafficking for labor exploitation	-	5	-	-	5
Human trafficking for forced marriage	-	-	-	2	2
Human trafficking for sexual and labor exploitation	-	-	-	1	1
Total	-	5	-	18	23

Victims of Trafficking for the year 2018

Country of Origin	Gender	Number of victims
Male	Female
Minor	Adult	Minor	Adult
Romania	-	-	-	4	4
Uzbekistan	-	-	-	1	1
Moldova	-	-	-	1	1
Pakistan	-	1	-	-	1
Russia	-	-	-	3	3
India	-	1	-	2	3
Bulgaria	-	-	-	1	1
Egypt	-	1	-	-	1
Vietnam	-	-	-	1	1
Cyprus	-	-	-	4	4
Ukraine	-	-	-	9	9
Bangladesh	-	1	-	-	1
Cameroon	-	-	-	5	5
China	-	-	-	2	2
Nigeria	-	-	-	1	1
Gambia	-	1	-	-	1
Ethiopia	-	-	-	1	1
Latvia	-	-	-	1	1
Total	-	5	-	36	41

Type of Exploitation 2018

Type	Gender	Total
Male	Female
Minor	Adult	Minor	Adult
Human trafficking for sexual exploitation	-	-	-	18	18
Human trafficking for labor exploitation	-	2	-	1	3
Human trafficking for forced marriage	-	2	-	6	8
Human trafficking for sexual and labor exploitation	-	-	-	12	12
Total	-	4	-	37	41

Annex C

Cases examined by CRTA – 2016–2019 – regarding issues of discrimination.

Cases examined	Article/Regulation violated	Penalty / Decision of the CRTA
20/2016(2)	Reg. 25(3)(a)	3000
55/2016(2)	Reg. 25(3)(a)	Warning
56/2016(2)	Reg. 25(3)(a)	Warning
73/2016(57)	Art.30	1000
	Reg.25(3)(a)
72/2016(68)	Art.18B	21.000
80/2016(69)	Art. 18B	5000
98/2016(2)(E)	Reg. 25(3)(a)	1000
103/2016(2)(E)	Reg. 25(3)(a)	2300
7/2017(17)(E)	Reg.25(3)(a)	Warning
32/2017(67)(E)	Reg.25(3)(a)	100
36/2017(6)	Reg.25(3)(a)	1000
48/2017(6)(E)	Reg.25(3)(a)	1500
51/2017(6)(E)	Reg.25(3)(a)	750
84/2017(19)	Art. 30E	Warning
	Reg. 25(3)(a)	2000
95/2017(17)	Reg. 25(3)(a)	Warning
109/2017(3)	Reg. 25(3)(a)	Warning

All cases examined by the CRTA are uploaded on the CRTA site : http://www.crta.org.cy/default.asp?id=318 .