[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 28 Reported in Senate (RS)]






                                                        Calendar No. 84
107th CONGRESS
  1st Session
S. CON. RES. 28

Calling for a United States effort to end restrictions on the freedoms 
and human rights of the enclaved people in the occupied area of Cyprus.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2001

 Ms. Snowe (for herself, Ms. Mikulski, Mr. Kennedy, Mr. Sarbanes, Mr. 
  Torricelli, Mrs. Feinstein, Mr. Durbin, Mr. Specter, Mr. Reed, Mr. 
 Levin, Mr. Harkin, Mr. Biden, Mrs. Boxer, and Mr. Dodd) submitted the 
following concurrent resolution; which was referred to the Committee on 
                           Foreign Relations

                             July 12, 2001

   Reported by Mr. Biden, without amendment and an amendment to the 
                                preamble
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Calling for a United States effort to end restrictions on the freedoms 
and human rights of the enclaved people in the occupied area of Cyprus.

Whereas respect for fundamental freedoms and internationally recognized human 
        rights is a cornerstone of United States foreign policy;
Whereas, since the tragic events of 1974, the number of the enclaved people in 
        the occupied area of Cyprus has been reduced from 20,000 to 593 (428 
        Greek-Cypriots and 165 Maronites);
Whereas the enclaved people continue to be subjected to restrictions on their 
        freedoms and human rights;
Whereas the representatives of the two communities in Cyprus, who met in Vienna, 
        Austria, in August 1975 under the auspices of the Secretary General of 
        the United Nations, reached a humanitarian agreement, known as the 
        Vienna III Agreement, which, inter alia, states that, ``Greek-Cypriots 
        in the north of the island [of Cyprus] are free to stay and they will be 
        given every help to lead a normal life, including facilities for 
        education and for the practice of their religion, as well as medical 
        care by their own doctors and freedom of movement in the north . . . 
        [and] the United Nations will have free and normal access to Greek-
        Cypriot villages and habitations in the north'';
Whereas the Secretary General of the United Nations, in his December 10, 1995, 
        report on the United Nations operation in Cyprus, set out the 
        recommendations contained in the humanitarian review of the United 
        Nations Peacekeeping Force in Cyrus (in this concurrent resolution 
        referred to as ``UNFICYP''), as endorsed by United Nations Security 
        Council Resolution 1032(95), regarding the restrictions on the freedoms 
        and human rights of the enclaved people of Cyprus;
Whereas the Secretary General of the United Nations, in his June 7, 1996 report 
        on the United Nations Operation in Cyprus, informed the Security Council 
        that the Greek Cypriots and Maronites living in the northern part of the 
        island ``were subjected to severe restrictions and limitations in many 
        basic freedoms, which had the effect of ensuring that inexorably, with 
        the passage of time, the communities would cease to exist'';
Whereas United Nations Security Council Resolution 1062(96), inter alia, 
        expressed regret that ``the Turkish-Cypriot side has not responded more 
        fully to the recommendations made by UNFICYP and calls upon the Turkish-
        Cypriot side to respect more fully the basic freedoms of the Greek-
        Cypriots and Maronites living in the northern part of the island and to 
        intensify its efforts to improve their daily lives'';
Whereas, on July 31, 1997, Cyprus President Glafcos Clerides and Turkish-Cypriot 
        leader Rauf Denktash agreed to further address this issue along with 
        other humanitarian issues;
Whereas those agreements and recommendations are still far from being 
        implemented, despite a number of measures announced in May 2000 by the 
        Turkish side to ease certain restrictions imposed on movement between 
        the two sides, which restrictions largely remain in effect;
Whereas the measures against the UNFICYP instituted by the Turkish side since 
        June 2000 have further complicated the situation;
Whereas, on January 22, 1990, Turkey recognized the compulsory jurisdiction of 
        the European Court of Human Rights; <DELETED>and
Whereas the European Commission of Human Rights, in the case of Cyprus vs. 
        Turkey before the European Court of Human Rights in 1999 found that 
        ``taken as a whole, the daily life of the Greek Cypriots in northern 
        Cyprus is characterized by a multitude of adverse circumstances. The 
        absence of normal means of communication, the unavailability in practice 
        of the Greek Cypriot press, the insufficient number of priests, the 
        difficult choice before which parents and school children are put 
        regarding secondary education, the restrictions and formalities applied 
        to freedom of movement, the impossibility to preserve property rights 
        upon departure or death and the various other restrictions create a 
        feeling among the persons concerned of being compelled to live in a 
        hostile environment in which it is hardly possible to lead a normal 
        private and family life'' and ``are to a large extent the direct result 
        of the official policy conducted by the respondent government [Turkey] 
        and its subordinate local administration'':
</DELETED>Whereas on May 10, 2001, the European Court of Human Rights, in its 
        judgment in the case of Cyprus v. Turkey, held Turkey, by a vote of 16 
        to 1, responsible under the European Convention of Human Rights for 
        continuing human rights violations committed throughout its 27-year 
        military occupation of the northern third of Cyprus against, inter alia, 
        the enclaved people in the occupied area of Cyprus, and cited Turkey (1) 
        on controlling and restricting their movements, thus limiting access to 
        their places of worship and participation in other aspects of religious 
        life; (2) on exercising excessive measures of censorship on school books 
        destined for use by the Karpas Greek Cypriots; (3) on not securing the 
        peaceful enjoyment of their possessions and not recognizing the 
        inheritance rights of their relatives; (4) on not making available 
        appropriate secondary education school facilities; (5) on preventing any 
        prospect of renewing or developing their community and subjecting them 
        to inhuman living conditions and violating the very notion of human 
        dignity; (6) on not respecting their private or family life or their 
        homes; (7) on denying effective remedies in respect of their complaints; 
        and (8) on subjecting them to severe discrimination amounting to 
        degrading treatment; and
Whereas the European Court of Human Rights also ruled that Turkey's 
        responsibility cannot be confined under the European Convention of Human 
        Rights to the acts of its own soldiers and officials operating in 
        northern Cyprus but also covers the acts of its subordinate local 
        administration, which survived by virtue of the Turkish military and 
        other support: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) strongly urges the President to undertake efforts to 
        end restrictions on the freedoms and human rights of the 
        enclaved people of Cyprus; and
            (2) expresses its intention to remain actively interested 
        in the matter until the human rights and fundamental freedoms 
        of the enclaved people of Cyprus are restored, respected, and 
        safeguarded.




                                                        Calendar No. 84

107th CONGRESS

  1st Session

                            S. CON. RES. 28

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Calling for a United States effort to end restrictions on the freedoms 
and human rights of the enclaved people in the occupied area of Cyprus.

_______________________________________________________________________

                             July 12, 2001

      Reported without amendment and an amendment to the preamble