[Congressional Record Volume 156, Number 132 (Tuesday, September 28, 2010)]
[House]
[Pages H7048-H7052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CALLING ON TURKISH-OCCUPIED CYPRUS TO PROTECT RELIGIOUS ARTIFACTS
Mr. TANNER. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 1631) calling for the protection of religious sites
and artifacts from and in Turkish-occupied areas of northern Cyprus as
well as for general respect for religious freedom.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1631
Whereas the Government of Turkey invaded the northern area
of the Republic of Cyprus on July 20, 1974, and the Turkish
military continues to illegally occupy the territory to this
day;
Whereas the Church of Cyprus has filed an application
against Turkey with the European Court of Human Rights for
violations of freedom of religion and association as Greek
Cypriots in the occupied areas are unable to worship freely
due to the restricted access to religious sites and continued
destruction of the property of the Church of Cyprus;
Whereas according to the United Nations-brokered Vienna III
Agreement of August 2, 1975, ``Greek-Cypriots in the north of
the island 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 . . .'';
Whereas according to the Secretary General's Report on the
United Nations Operation in Cyprus in June 1996, 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 the very future and existence of historic Greek
Cypriot, Maronite, and Armenian communities are now in grave
danger of extinction;
Whereas the Abbot of the Monastery of the Apostle Barnabas
is routinely denied permission to hold services or reside in
the monastery of the founder of the Church of Cyprus and the
Bishop of Karpass has been refused permission to perform the
Easter Service for the few enclaved people in his occupied
diocese;
Whereas there are only two priests serving the religious
needs of the enclaved in the Karpas peninsula, Armenians are
not allowed access to any of their religious sites or income
generating property, and Maronites are unable to celebrate
the mass daily in many churches;
Whereas in the past Muslim Alevis were forced out of their
place of prayer and until recently were denied the right to
build a new place of worship;
Whereas under the Turkish occupation of northern Cyprus,
religious sites have been systematically destroyed and a
large number of religious and archaeological objects
illegally looted, exported, and subsequently sold or traded
in international art markets, including an estimated 16,000
icons, mosaics, and mural decorations stripped from most of
the churches, and 60,000 archaeological items dating from the
6th to 20th centuries;
Whereas at a hearing held on July 21, 2009, entitled
``Cyprus' Religious Cultural Heritage in Peril'' by the U.S.
Helsinki Commission, Michael Jansen provided testimony
detailing first-hand accounts of Turkish soldiers throwing
icons from looted churches onto burning pyres during the
Turkish invasion and provided testimonies of how churches
were left open to both looters and vandals with nothing done
to secure the religious sites by the Turkish forces occupying
northern Cyprus;
Whereas Dr. Charalampos G. Chotzakakoglou also provided
testimony to the U.S. Helsinki Commission that around 500
churches, monasteries, cemeteries, and other religious sites
have been desecrated, pillaged, looted, and destroyed,
including one Jewish cemetery;
Whereas 80 Christian churches have been converted into
mosques, 28 are being used by the Turkish army as stores and
barracks, 6 have been turned into museums, and many others
are used for other nonreligious purposes such as coffee
shops, hotels, public baths, nightclubs, stables, cultural
centers, theaters, barns, workshops, and one is even used as
a mortuary;
Whereas expert reports indicate that since 2004 several
churches have been leveled, such as St. Catherine Church in
Gerani which was bulldozed in mid-2008, the northern wall of
the Chapel of St. Euphemianos in Lysi which was destroyed by
looters as they removed all metal objects within the wall,
the Church of the Holy Virgin in the site of Trachonas was
used as a dancing school until the Turkish occupiers built a
road that destroyed part of it in March 2010, the Church of
the Templars was converted into a night club, and the Church
of Panagia Trapeza in Acheritou village was used as a sheep
stall before it was recently destroyed by looters removing
metal objects from medieval graves within the church;
Whereas the Republic of Cyprus discovered iron-inscribed
crosses stolen from Greek cemeteries in the north in trucks
owned by a Turkish-Cypriot firm that intended to send them to
India to be recycled;
Whereas United States art dealer Peggy Goldberg was found
culpable for illegally marketing 6th century mosaics from the
Panagia Kanakaria church because the judge found that a
``thief obtains no title or right of possession of stolen
items'' and therefore ``a thief cannot pass any right of
ownership . . . to subsequent purchasers.'';
Whereas the extent of the illicit trade of religious
artifacts from the churches in the Turkish occupied areas of
northern Cyprus by Turkish black market dealer Aydin Dikmen
was exposed following a search of his property by the
Bavarian central department of crime which confiscated
Byzantine mosaics, frescoes, and icons valued at over =30
million;
Whereas a report prepared by the Law Library of Congress on
the ``Destruction of Cultural Property in the Northern Part
of Cyprus and Violations of International Law'' for the U.S.
Helsinki Commission details what obligations the Government
of Turkey has as the occupying power in northern Cyprus for
the destruction of religious and cultural property there
under international law;
Whereas the Hague Convention of 1954 for the Protection of
Cultural Property During Armed Conflict, of which Turkey is a
party, states in article 4(3) that the occupying power
undertakes to ``Prohibit, prevent and, if necessary, put a
stop to any form of theft, pillage or misappropriation of any
acts of vandalism directed against cultural property'';
Whereas according to the 1970 United Nations Educational,
Scientific and Cultural Organization (UNESCO) Convention on
the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership which has been ratified by
Cyprus and Turkey, parties are required to take steps to
prevent illicit traffic through the adoption of legal and
administrative measures and the adoption of an export
certificate for any cultural object that is exported, and
``illicit'' refers to any export or transfer of ownership of
cultural property under compulsion that arises from the
occupation of a country by a foreign power;
Whereas according to the European Court of Human Rights in
its judgment in the case of Cyprus v. Turkey of May 10, 2001,
Turkey was responsible for continuing human rights abuses
under the European Convention on Human Rights throughout its
27-year military occupation of northern Cyprus, including
restricting freedom of movement for Greek Cypriots and
limiting access to their places of worship and participation
in other aspects of religious life;
Whereas the European Court further ruled that Turkey's
responsibility covers the acts of soldiers and subordinate
local administrators because the occupying Turkish forces
have effective control of the northern part of the Republic
of Cyprus;
Whereas in March 2008, President Christofias and former
Turkish Cypriot leader Talat agreed to the setting up of a
``Technical Committee on Cultural Heritage'' with a mandate
to engage in ``serious work'' to
[[Page H7049]]
protect the varied cultural heritage of the entire island;
Whereas this Committee was developing a list of all
cultural heritage sites on the island to create an
educational interactive program for the island's youth to
understand the shared heritage and to undertake a joint
effort to restore the Archangel Michael Church and the Arnvut
Mosque;
Whereas while significant work was done on the Arnvut
Mosque, the Archangel Michael Church remains in disrepair;
and
Whereas, on July 16, 2002, and again in 2007, the United
States and the Government of the Republic of Cyprus signed a
Memorandum of Understanding to impose import restrictions on
categories of Pre-Classical and Classical archaeological
objects, as well as Byzantine period ecclesiastical and
ritual ethnological materials, from Cyprus: Now, therefore,
be it
Resolved, That the House of Representatives--
(1) expresses appreciation for the efforts of those
countries that have restored religious property wrongly
confiscated during the Turkish occupation of northern Cyprus;
(2) welcomes the efforts of many countries to address the
complex and difficult question of the status of illegally
confiscated religious art and artifacts, and urges those
countries to continue to ensure that these items are restored
to the Republic of Cyprus in a timely, just manner;
(3) welcomes the initiatives and commitment of the Republic
of Cyprus to work to restore and maintain religious heritage
sites;
(4) urges the Government of Turkey to--
(A) immediately implement the United Nations Security
Council Resolutions relevant to Cyprus as well as the
judgments of the European Court of Human Rights;
(B) work to retrieve and restore all lost artifacts and
immediately halt destruction on religious sites, illegal
archaeological excavations, and traffic in icons and
antiquities; and
(C) allow for the proper preservation and reconstruction of
destroyed or altered religious sites and immediately cease
all restrictions on freedom of religion for the enclaved
Cypriots;
(5) calls on the United States Commission on International
Religious Freedom to investigate and make recommendations on
violations of religious freedom in the areas of northern
Cyprus under control of the Turkish military;
(6) calls on the President and the Secretary of State to
include information in the annual International Religious
Freedom and Human Rights reports on Cyprus that detail the
violations of religious freedom and humanitarian law
including the continuous destruction of property, lack of
justice in restitution, and restrictions on access to holy
sites and the ability of the enclaved to freely practice
their faith;
(7) calls on the State Department Office of International
Religious Freedom to address the concerns and actions called
for in this resolution with the Government of Turkey, OSCE,
the United Nations Special Rapporteur on Freedom of Religion
or Belief, and other international bodies or foreign
governments;
(8) urges OSCE to ensure that member states do not receive
stolen Cypriot art and antiquities; and
(9) urges OSCE to press the Government of Turkey to abide
by its international commitments by calling on it to work to
retrieve and restore all lost artifacts, to immediately halt
destruction on religious sites, illegal archaeological
excavations, and traffic in icons and antiquities, to allow
for the proper preservation and reconstruction of destroyed
or altered religious sites, and to immediately cease all
restrictions on freedom of religion for the enclaved
Cypriots.
The SPEAKER pro tempore. The gentleman from Tennessee (Mr. Tanner)
and the gentleman from New Jersey (Mr. Smith) each will control 20
minutes.
The Chair recognizes the gentleman from Tennessee.
General Leave
Mr. TANNER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. TANNER. Mr. Speaker, I rise in support of this legislation.
One of the most tragic aspects of Turkey's 1974 invasion of Cyprus
and subsequent occupation of the northern part of that country has been
the desecration and destruction of religious property, primarily Greek
Orthodox, and other manifestations of contempt for freedom of worship.
I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may
consume to the author of the resolution, the gentleman from Florida
(Mr. Bilirakis), a member of the committee.
Mr. BILIRAKIS. Mr. Speaker, I rise today in support of H. Res. 1631,
a resolution calling for protection of religious sites and artifacts
from and in Turkish-occupied areas of northern Cyprus, as well as for
general respect for religious freedom.
First, I would like to recognize my colleagues for this incredible
bipartisan effort. Thank you so much to Ranking Member Ileana Ros-
Lehtinen and Chairman Berman, not only for their cosponsorship but also
for assisting in fast-tracking this measure to the House floor.
Also, thanks to my Hellenic Caucus cochair, Carolyn Maloney, and all
of my colleagues who are cosponsors, including the U.S. House's
strongest champion of human rights, Chris Smith. This display of
bipartisanship illustrates that Congress can work together in a
collegial spirit when it comes to protecting religious freedom
throughout the world.
As cosponsor and cochair of the Hellenic Caucus and member of the
International Religious Freedom Caucus, we've introduced this measure
to highlight the continued violations that are taking place on the
divided island nation of Cyprus. Even as Cyprus celebrates the 50th
anniversary of its independence, we are reminded that roughly one-third
of Cyprus continues to be under Turkish military occupation since 1974.
This resolution demands that Turkey be held responsible for the
continued violations of humanitarian law with respect to the
destruction of religious and cultural property in Cyprus.
The Turkish military, which continues to illegally occupy northern
Cyprus, has overseen the systematic destruction of religious sites and
the illegal looting of a large number of religious and archaeological
objects. When northern Cyprus was invaded, churches were left open to
looters and to vandals. The Turkish forces, though required to secure
the religious sites by several conventions to which it is a signatory,
failed to do so.
Around 500 churches, monasteries, cemeteries, and other religious
sites belonging to Greek Cypriots, Armenians, and Maronites have been
desecrated, pillaged, looted, and destroyed, including one Jewish
cemetery. Eighty Christian churches have been converted into mosques;
28 are being used by the Turkish army as stores and barracks, and many
others are used for other nonreligious purposes such as coffee shops,
hotels, public baths, nightclubs, stables, theaters, and barns.
Since 2004, at least 15 churches have been leveled, such as St.
Catherine's Church in the district of Famagusta, which was bulldozed in
mid-2008. Additionally, the Church of the Holy Virgin in the site of
Trachonas was used as a dancing studio until the Turkish occupiers
built a road that destroyed part of it in March 2010. And the Church of
the Templars was converted into a nightclub. These are a few examples
of the destruction that has been overseen by the Turkish military, if
not directly perpetrated by it.
Mr. Speaker, this resolution urges the Government of Turkey to
immediately implement the United Nations Security Council resolutions
relevant to Cyprus, as well as the judgments of the European Court of
Human Rights, by retrieving and restoring all lost artifacts and
immediately halting destruction on religious sites, stopping illegal
archaeological excavations, and ceasing to traffic in icons and
antiquities.
Further, proper preservation and reconstruction of destroyed or
altered religious sites must immediately take place, and all
restrictions on freedom of religion for the enclaved Cypriots must end.
Mr. Speaker, I hope the beginning of the next 50 years of Cyprus'
statehood is marked by the immediate removal of the Turkish occupation
forces, followed by immediate reunification of the island nation in
which respect for human rights and fundamental freedoms for all
Cypriots is a reality.
I urge swift passage of this resolution.
{time} 1600
Mr. TANNER. Madam Speaker, I am pleased to yield 3 minutes to the
gentlewoman from New York (Mrs. Maloney).
Mrs. MALONEY. I thank the gentleman for yielding and for his
leadership on this and so many other important issues.
[[Page H7050]]
Madam Speaker, I rise in strong support of H.R. 1631, a resolution
calling for the protection of religious sites and artifacts in Turkish-
occupied areas of northern Cyprus. I joined my Hellenic Caucus cochair
and good friend and colleague, Representative Gus Bilirakis, in
introducing this important resolution before us today. And I would like
to particularly thank Chairman Berman for his work in bringing this
resolution to the floor today for a vote.
I am honored to represent Astoria, Queens, one of the largest and
most vibrant communities of Greek and Cypriot Americans in this
country. This year we marked the 36th anniversary of the Turkish
invasion and continuing illegal occupation of the northern part of the
Republic of Cyprus. Since the 1974 invasion, many priceless symbols of
Cyprus' religious and cultural heritage have been destroyed, looted, or
vandalized, and even stolen, or illegally shipped for sale abroad. Very
disturbing is the way the churches have been razed, converted into
barns, into barracks, into beer halls with total disrespect to their
religious importance. To date, Turkey has repeatedly ignored all U.N.
resolutions pertaining to Cyprus and has continued to occupy the island
in complete violation of international law.
As Cyprus prepares to celebrate its 50th anniversary, we in Congress
have a responsibility to make our voices heard on our ultimate goal of
a reunified and prosperous Cyprus where Greek Cypriots and Turkish
Cypriots can live together in peace, security, and stability. Passage
of this resolution would demonstrate the United States' commitment to
protecting the rights and fundamental freedoms of the Cypriot people,
religious freedom on the island of Cyprus, and religious freedom for
people everywhere.
In the interest of time, I would like to place in the Record this
report from the Library of Congress pertaining to the destruction of
cultural property and religious sites in Cyprus.
I urge all of my colleagues to vote in support of this important
resolution.
[Law Library of Congress]
Cyprus--Destruction of Cultural Property in the Northern Part of Cyprus
and Violations of International Law
Executive Summary
Due to the military invasion by Turkey in July and August
1974, the Republic of Cyprus has been de facto divided into
two separate areas: the southern area under the Government of
Cyprus, which is recognized as the only legitimate
government; and the northern area, amounting to approximately
36 percent of the territory, under the non-recognized,
illegal, and unilaterally declared ``Turkish Republic of
Northern Cyprus'' (``TRNC'). As documented, the northern part
of Cyprus has experienced a vast destruction and pillage of
religious sites and objects during the armed conflict and
continuing occupation. In addition, a large number of
religious and archaeological objects have been illegally
exported and subsequently sold in art markets. The Republic
of Cyprus has asserted its ownership over its religious and
archaeological sites located in Cyprus through use of its
domestic legislation. The Cyprus government and the Church of
Cyprus claim that such religious sites constitute part of
Cyprus' cultural property and are of paramount importance to
the collective history and memory of the people of Cyprus as
a nation, as well as to humankind. In a few instances,
Cyprus, either through diplomatic channels or through legal
action, has been successful in repatriating religious and
archaeological objects.
Protection of religious sites and other cultural property
during armed conflict and occupation falls within the ambit
of international humanitarian law, otherwise known as the law
of war. The basic principle is that cultural property must be
safeguarded and protected, subject to military necessity only
when such property has been converted to a military
objective. Pursuant to the major international agreement on
this subject, the 1954 Hague Convention for the Protection of
Cultural Property During Armed Conflict and its Protocols, as
well as the legal regime on occupation, Turkey, as a state
party, is required to refrain from acts of hostility and
damage against cultural property located in the northern part
of Cyprus; to prohibit and prevent theft, pillage, or
misappropriation of cultural property; and to establish
criminal jurisdiction to prosecute individuals who engage in
acts of destruction, desecration, and pillage. Archaeological
excavations in the occupied northern part of Cyprus are
prohibited unless they are critical to the preservation of
cultural property; in such a case, excavations must be
carried out with the cooperation of the national competent
authorities of the occupied territory. Such violations of
conventional and customary international rules on the
protection of cultural property may give rise to legal
responsibility on the part of Turkey as the occupying power
before an international court or tribunal, provided that
other requirements are met A legal precedent for the
responsibility of Turkey for actions against cultural
property would be the judgments of the European Court of
Human Rights. The Court, based on the ``effective control''
test, used in Loizidou v. Turkey, found Turkey responsible
for deprivation of private property of Greek-Cypriots
expelled from the occupied northern part of Cyprus.
The International Criminal Tribunal for the Former
Yugoslavia (ICTY) and the Rome Statute of the International
Criminal Court (ICC) consider the destruction of cultural
property to be a war crime. The ICTY has held individuals
accountable for the destruction or damage done to
institutions dedicated to religious, artistic, scientific, or
historic monuments. Moreover, the ICTY has reaffirmed that
the rules on protection of cultural property during armed
conflict have achieved the status of customary international
law; thus, they are binding erga omnes, against all states,
even if a state is not party to an international humanitarian
law instrument.
Two international Conventions governing protection of
cultural property apply to the issue of illicit traffic and
exportation of cultural property from the northern part of
Cyprus: a) the 1970 UNESCO (United Nations Educational,
Scientific, and Cultural Organization) Convention on the
Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership; and b) the 1995 UNIDROIT
(International Institute for the Unification of Private Law)
Convention on Stolen or Illegally Exported Cultural Objects.
A basic objective of both Conventions is to fight the illicit
trade in art and cultural property. Under the 1970
Convention, which has been ratified by Cyprus and Turkey,
parties are required to take steps to prevent illicit traffic
through the adoption of legal and administrative measures and
the adoption of an export certificate for any cultural object
that is exported. Cyprus has complied with these
requirements. In addition, the 1970 Convention regards as
``illicit'' any export or transfer of ownership of cultural
property under compulsion that arises from the occupation of
a country by a foreign power. The 1995 UNIDROIT Convention
establishes uniform rules for restitution claims by
individuals regarding stolen cultural objects and return
claims by states regarding illicitly exported cultural
objects. While Cyprus has ratified the Convention, Turkey has
not.
The Cyprus Government stresses that the optimum way to
preserve and protect its cultural property is to find a
solution to the Cyprus issue and the end of the military
occupation of the northern part of Cyprus. Meanwhile, Cyprus
may opt, inter alia, to utilize judicial remedies to resolve
outstanding disputes pertaining to its cultural and religious
property either before foreign courts, as it has already
done, or international and regional courts, provided that
other criteria are met.
I. Introduction
Following the military invasion of Cyprus in 1974 and the
continuing occupation of the northern part of Cyprus by
Turkey, it has been documented that extensive destruction,
desecration, and pillage of religious sites and other
historic monuments, as well some disputed archaeological
excavations and illegal exportation of objects, have occurred
in the northern part of Cyprus. The Government of Cyprus
claims that the impetus behind the acts of destruction and
desecration of religious sites is the obliteration of their
cultural and religious symbols, which form part of the
cultural and spiritual heritage of Cyprus; as such they are
extremely significant not only for the Greek-Cypriots, but
also for the entire population of Cyprus and for humankind in
general. On the other hand, the unilaterally declared and
unrecognized (with the exception of Turkey) ``state'' of the
``Turkish Republic of Northern Cyprus'' (``TRNC'') argues
that its competent authorities are engaged in actions
designed to preserve and protect religious sites, regardless
of their origin and, moreover, that the excavations are
taking place within the ``TRNC's'' own ``sovereign'' area.
It is against this background that this report analyses the
international legal framework governing the protection of
cultural property in the northern part of Cyprus. The report
also examines the rights and obligations of Turkey and Cyprus
arising out of international agreements and especially the
legal consequences of the destruction and pillage of Cyprus'
religious and cultural property by ``TRNC.''
The analysis focuses on the international legal norms and
standards applicable to:
(a) The protection of cultural property during armed
conflict;
(b) Occupied territory;
(c) The protection of cultural property against the illicit
trade and export of artifacts; and,
(d) Religious intolerance.
In order to draw out the issues, the report provides a
historical background, continuing to the time of the de facto
partition of the island and the ensuing military occupation.
Also included is a brief description of the reported
destruction of cultural property that occurred in the
northern part of Cyprus and an overview of Cyprus' domestic
ownership laws on cultural property. In analyzing the
international legal standards applicable to the protection of
cultural property, this report examines three key legal
issues:
(a) Whether religious sites in Cyprus (including churches,
chapels, monasteries, synagogues, and mosques used by the
Greek
[[Page H7051]]
Cypriot community and other minorities for religious
purposes) qualify as ``cultural property'' as defined in the
relevant law and thus warrant international protection;
(b) Whether the northern part of Cyprus meets the legal
definition of an occupied territory; and
(c) Whether the destruction of religious sites in the
northern part of Cyprus could give rise to international
responsibility on the part of the occupying Turkish military
forces in Cyprus; the sub-issue of whether ``TRNC'' bears any
degree of responsibility is briefly touched upon as well.
The report concludes with a short overview of courses of
action available to the Republic of Cyprus to pursue its
legal claims against the destruction, illicit trade, and
transfer of its cultural property.
II. Historical Background
The Republic of Cyprus is a small nation in size and
population with a very rich and ancient history and
civilization. Archeological findings indicate that Cyprus was
inhabited around 7,000 B.C. The island was exposed to
Christianity early, with the visit of Apostles Barnabas and
Peter. During the Byzantine era, Cyprus was under the
administration of Byzantine emperors for approximately 800
years (395-1191 A.D).\1\ It was during this time that a great
number of churches were built and decorated with mosaics and
frescoes of exquisite beauty.\2\ In 1571, Cyprus became part
of the Ottoman Empire and in 1878 fell under British rule.
After a long period as a British colony,\3\ the Republic of
Cyprus became an independent nation on August 16, 1960, with
the signing of the Treaty of Alliance, Treaty of Guarantee,
and the adoption of the Cyprus Constitution.\4\ Under the
Treaty of Guarantee,\5\ the three guarantor powers, Greece,
Turkey and the United Kingdom, agreed to safeguard and
respect the independence and sovereignty of Cyprus. Cyprus'
population is composed of two communities; Greek-Cypriots,
and Turkish-Cypriots. The two communities are linguistically
and religiously distinct from each other. They had long
inhabited the island in peaceful symbiosis, with some
sporadic periods of political instability and internal
strife. Prior to 1974, the Greek-Cypriot community comprised
80 percent of the population of Cyprus, the Turkish-Cypriots
totaling approximately 18 percent, with the balance being
comprised of a small percentage of Armenians, Maronites, and
Latin.\6\
Since the 1974 military invasion of Cyprus by Turkey and
the ensuing occupation of the northern 37 percent of the
island, the Republic of Cyprus has been de facto divided into
two separate areas, with the southern area under the
government of Cyprus, which is recognized as the only
legitimate government, and the northern area under the non-
recognized, illegal, and unilaterally declared ``TRNC.'' The
United Nations Peacekeeping Force in Cyprus (UNFICYP) was
established in 1964 after the eruption of intercommunal
violence in 1963, and is in control along the so called
``green line'' to guarantee maintenance of peace and security
between the two communities.\7\ The military invasion by
Turkey was precipitated when the Greek military regime, with
the assistance of the Cypriot armed forces, planned and
executed a coup d'etat against the government of Archbishop
Makarios, the first elected President of the Republic of
Cyprus. On July 20, 1974, Turkey, using the coup d'etat as
grounds to allegedly protect the Turkish community,
intervened militarily in Cyprus in order to ``reestablish the
constitutional order.'' \8\ A series of unsuccessful peace
negotiations ensued between the two communities under the
auspices of the United Nations (UN) until August 14, 1974,
when Turkey initiated a second military attack on Cyprus and
occupied 36.02 percent of the territory of the Republic of
Cyprus.\9\
As a result of the 1974 Turkish invasion of Cyprus, almost
200,000 Greek-Cypriots fled their homes in the north and
either became refugees or were internally displaced, and
eventually settled in the southern part of Cyprus. The
Turkish-Cypriots who lived in various parts of the island
prior to 1974 moved to the north.\10\
Currently, the population of Cyprus includes approximately
660,000 Greek-Cypriots who live in the south, 89,000 Turkish-
Cypriots in the north, and a Turkish military force of
approximately 43,000. Moreover, Turkey has brought close to
160,000 Turkish settlers to the northern part of Cyprus from
mainland Turkey in an effort to alter the demographics of
Cyprus. The European Court of Human Rights of the Council of
Europe, to which Turkey and Cyprus are members, in numerous
instances has found Turkey to have violated various human
rights in the northern part of Cyprus, in particular the
rights of individuals to their property, and the right to
life, liberty, and security.
The ``TRNC'' was unilaterally proclaimed in 1983 and
adopted a Constitution. The United Nations Security Council,
in Resolutions 541 and 550, adopted in 1983 and 1984,
respectively, declared the secession invalid, null, and void.
The Security Council also urged the Cyprus: Destruction of
Cultural Property--April 2009 The Law Library of Congress
international community not to recognize the ``TRNC.'' \11\
Thus far, no country (with the exception of Turkey) has
recognized the ``TRNC'' as a separate state under
international law. The United Nations, the European Union
(EU),\12\ the Council of Europe,\13\ and others \14\ have
repeatedly reaffirmed the status of the Republic of Cyprus as
the only legitimate government. A number of national and
international courts, in adjudicating legal issues that have
incidentally raised the question of the status of the
``TRNC,'' have not recognized its legitimacy.\15\
On May 1, 2004, the Republic of Cyprus, as a single state,
joined the EU.\16\ For the time being, the entire body
(acquis communautaire) of EU law applies only to the southern
part of the * * *
END NOTES
\1\ Kypros Chrysostomides, The Republic of Cyprus: A Study
in International Law (2000); see also Republic of Cyprus,
Press and Information Office, The Almanac of Cyprus 16
(1996); Republic of Cyprus, Press and Information Office,
Window on Cyprus (2005).
\2\ Chrysostomides, supra note 1.
\3\ In 1914, Cyprus was annexed by Great Britain. Between
the period of 1925 to 1960 Cyprus had the status of a Crown
colony. For an analysis of the history of Cyprus, see
Chrysostomides, supra note 1. See also, Criton G. Tornaritis,
Cyprus and Its Constitution and Other Legal Problems (1980).
\4\ M. Alamides, The Constitution of the Republic of Cyprus
3 (2004).
\5\ Treaty of Guarantee, Aug. 16, 1960, 382 U.N.T.S. 3.
\6\ Chrysostomides, supra note 1. Appendix E of the 1960
Cyprus Constitution recognizes three religious groups in
Cyprus consisting of Armenians, Maronites, and Latins. Latins
originated from the Franciscan Order of the Roman Catholic
Church and were established in Cyprus during the Ottoman
period. Members of these groups are guaranteed human rights
and freedoms comparable to those afforded by the European
Convention of Human Rights and are also constitutionally
protected against discrimination.
\7\ The role of the UNFICYP was expanded in response to the
Turkish military invasions. For information on the UNFICYP,
see http://www.un.org/Depts/dpko/missions/unficyp/. For an
analysis of the efforts of the United Nations to find a
workable solution to the Cyprus problem, see Claire Palley,
An International Relations Debacle, The UN Secretary-
General's Mission of Good Offices in Cyprus 1999-2004 (2005).
\8\ Chrysostomides, supra note 1.
\9\ Chrysostomides, Cyprus--The Way Forward 63 (2006).
\10\ See Ministry of Foreign Affairs of the Republic of
Cyprus, The Third Vienna Agreement--August 1975 (Aug. 2,
1975) (communique issued after the third round of talks on
Cyprus held in Vienna from July 31-Aug. 2, 1975), available
at http://www.mfa.gov.cy/mfa/mfa2006.nsf/All/
0658E5B2F4D1A538C22571D30034D15D/$FILE/
August%201975.pdf?OpenElement.
\11\ S.C. Res. 541, U.N. Doc. S/RES/541 (Nov. 18, 1983) and
S.C. Res. 550, U.N. Doc. S/RES/541 (May 11, 1984), available
at http://www.un.org/Docs/sc/unsc_resolutions.html, reprinted
in Resolutions Adopted by the United Nations on the Cyprus
Problem (Press and Information Office, Ministry of Interior,
Republic of Cyprus, 1964-1990).
\12\ On November 16, 1983, the European Community adopted a
statement rejecting the declaration and expressing its deep
concerns regarding the establishment of ``TRNC'' as an
independent state. The statement also reaffirmed its support
of the sovereignty, independence, and unity of Cyprus. The
European Parliament has held hearings on the issue of
destruction of cultural property and, inter alia, in 2006 it
adopted a Declaration on the Protection and Preservation of
the Religious Heritage in the northern part of Cyprus, Eur.
Parl. Doc. P6_TA(2006)0335 (Aug. 30, 2006), available at
http://www.europarl.europa.eu/registre/seance_pleniere/
textes_adoptes/
definitif/2006/09-05/0335/P6_TA(2006)0335_EN.pdf. The
Parliament's Committee of Education and Culture also endorsed
funds from the 2007 budget for a study on the situation of
religious sites in northern Cyprus. Alexia Saoulli, European
Parliament Backs Funds for Study on Churches in the North,
Museum Security Network Mailing List (Sept. 14, 2006),
available at, http://msn-list.te.verweg.com/2006-Sep
tember/005975.html.
\13\ In 1983, the Committee of Ministers of the Council of
Europe issued a Resolution which, inter alia: a) deplored the
declaration by the Turkish Cypriot leaders of the ``purported
independence of the so-called ``Turkish Republic of Northern
Cyprus''; b) declared the unilateral declaration invalid;
and, c) reaffirmed its commitment to the Republic of Cyprus
as the only legitimate government. Comm. of Ministers
Resolution (83) 13, Nov. 24, 1983, on Cyprus, available at
http://www.mfa.gov.cy/mfa/mfa2006.nsf/All/
C1E21396890CA83CC22571D2001E8A47/$file/
Res%2083.pdf?OpenElement.
\14\ The Commonwealth Heads of Government, in a meeting
convened in New Delhi, India, November 23-29, 1983, condemned
the declaration of the ``TRNC'' ``to create a secessionist
state in northern Cyprus, in the area under foreign
occupation.'' A press communique was issued stating, inter
alia, as follows: ``[The] Heads of Government condemned the
declaration by the Turkish Cypriot authorities issued on 15
November 1983 to create a secessionist state in northern
Cyprus, in the area under foreign occupation. Fully endorsing
Security Council Resolution 541, they denounced the
declaration as legally invalid and reiterated the call for
its non-recognition and immediate withdrawal. They further
called upon all States not to facilitate or in any way assist
the illegal secessionist entity. They regarded this illegal
act as a challenge to the international community and
demanded the implementation of
[[Page H7052]]
the relevant UN Resolutions on Cyprus.'' Quoted in Loizidou
v. Turkey (Merits), Eur. Ct. Hum. H.R., VI Dec. & Rep.
(1996), available at http://cmiskp.echr.coe.int/tkp197/
viewhbkm.asp?sessionId=9256208&skin=
hudoc-en&action=html&table=F69A27FD8FB
86142BF01C1166DEA398649&key= 588&highlight=.
\15\ For a review of several cases involving courts in the
United States and the United Kingdom, the European Court of
Justice, and the European Court of Human Rights, see
Chrysostomides, supra note 1, at 280-315.
\16\ See Press Release, Cyprus Government, Press and
Information Office, EU Accession Treaty--Protocols on Cyprus,
available at http://www.cyprus.gov.cy/moi/PIO/PIO.nsf/
All/DA5EA02B13392A77C2256DC2002B662A?
OpenDocument (last visited Mar. 9, 2009).
Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I
may consume.
I rise in strong support of H. Res. 1631, calling for the protection
of religious sites and artifacts from and in Turkish-occupied areas of
northern Cyprus and calling on the Turkish Government to respect the
religious freedom of all the people living in the territory it
occupies. I thank my very good friend Mr. Bilirakis for introducing
this outstanding resolution and for his faithfulness and effectiveness
in exposing human rights violations in Cyprus.
Madam Speaker, this resolution reminds us of the ongoing barbarism of
the Turkish Government's military occupation of the northern part of
the Republic of Cyprus, a sovereign State. The Turkish Government
frequently prevents Greek Cypriots from holding divine liturgy, and it
has pillaged their sacred churches and holy sites. The Turkish
Government currently uses no less than 28 Orthodox churches as army
barracks, has converted 80 churches into mosques, and permits others to
be used as nightclubs, sheep stalls, and dancing schools. Under Turkish
occupation, 500 churches, monasteries, cemeteries, and other religious
sites have been desecrated, destroyed, or looted.
Madam Speaker, this resolution performs a great service in
documenting in painstaking detail the trade in sacred objects looted
from these churches, which is extensive, international, and totally
illicit. It also points out the legal obligation of the Turkish
Government to prevent this trade, to restore looted objects as well as
churches, and to respect the human rights of those who live under its
occupation.
Madam Speaker, I am profoundly disappointed that over the years,
including since the passage of the International Religious Freedom Act,
that our government has far too often failed to speak out and to speak
out vigorously in defense of the religious freedom of Orthodox
Christians. This is really shameful. The Turkish Government's
persecution of Orthodoxy, whether in Cyprus or Istanbul, the home of
the Ecumenical Patriarchate, in Syriac Orthodox monasteries, or of the
Armenian Orthodoxy, seems to aim at extinguishing Christian Orthodoxy
within its borders.
As the Secretary General's report on the United Nations operations in
Cyprus stated as far back as 1996, the restrictions on basic freedoms
of Christians in Turkish-occupied areas of Cyprus have the effect ``of
ensuring that with the passage of time, the communities (that is, Greek
Cypriots and Maronites) would cease to exist.'' So I am glad that this
resolution specifically urges the President, the Secretary of State,
and the State Department Office of International Religious Freedom to
report and take vigorous action on the traffic of Cypriot Orthodox
heritage. The executive branch should take this seriously. Hopefully
with the backing of the Congress, they will.
Mr. BURTON of Indiana. Madam Speaker, I rise today to express my
serious concerns with H. Res 1631. I think many of my colleagues know
that I have been a vocal supporter of religious freedom and human
rights around the world for many years. But, I believe the resolution
before us is less about promoting religious freedom and religious
tolerance than it is about poking a stick in the eye of Turkish
Cypriots; who are currently working together with their Greek Cypriots
neighbors to strike a comprehensive peace deal for that troubled
island.
Time and time again, I have come to the floor to ask my colleagues to
review the facts and stop oversimplifying this issue. Revisionist
history attempts to lay all the blame for the ills of Cyprus at the
doorstep of Turkish Cypriots and Turkey. H. Res. 1631 seems to repeat
this pattern. I urge my colleagues to step back and ask themselves
whether this resolution will truly advance the reconciliation process
or merely add fuel to the fire. If we do that, the answer is obvious,
H. Res. 1631 is an unnecessary and inappropriate assertion of opinion
that does nothing to bring peace to a divided land.
In fact, those on both sides of the issue are already working
together to come to a resolution. On March 21, 2008 the Greek Cypriot
leader Mr. Christofias and the Turkish Cypriot leader Mr. Talat forged
an agreement that paved the way for the establishment of the Technical
Committee on Cultural Heritage. This committee has already set in order
plans to protect, preserve and restore the rich cultural heritage of
Cyprus and by all accounts have made great strides to date towards
achieving these goals. According to a recent press statement, the
Cultural Committee has expressed a commitment to ``compile the entire
list of immovable cultural heritage of Cyprus [and] to create an
educational interactive program that would give the opportunity to
younger generation of Greek Cypriots and Turkish Cypriots to learn
about each other and the cultural heritage of the island.''
The effort is an open and honest dialogue between Greek and Turkish
Cypriots regarding the preservation of their shared history. I believe,
if left alone, this cooperation could well serve to open dialogue in
other areas.
Rather than restating the tired talking points of yesterday which
only serve to place blame for past offenses, as appears to be the case
with H. Res. 1631, I would urge my colleagues to applaud and support
these efforts.
Too often, the international community and many well-meaning members
of this body fail to recognize the two sides of this issue. For
example, the Turkish Cypriots have expressed concern over destruction
and neglect of Turkish-Muslim monuments of importance in the South of
Cyprus while at the same time committing to protect the heritage of the
Greek Cypriots. In a letter to Mr. Hastings, the Turkish Cypriots
expressed that ``The Turkish side believes that the cultural heritage
of a people is its most important asset, its identity and a sense of
community through time. With this understanding, we regard all the
cultural heritage in North Cyprus, regardless of its origin, as part of
the common heritage of both the Turkish Cypriot people and of
humanity.''
Thankfully, and as I've already stated, the Committee on Cultural
Heritage has agreed to work to establish a mechanism that does just
this. But why if H. Res. 1631, is the fair and balanced resolution its
supporters claim it to be, is it silent in terms of commending all
efforts to preserve the cultural heritage of both sides.
Madam Speaker, if we can redirect our misspent energies towards the
real work of reshaping Cyprus into a Cyprus that respects human rights
and the fundamental freedoms for all Cypriots; by bolstering the
efforts of the Greek Cypriots and the Turkish Cypriots to work together
in good faith for the future of all Cypriots; then the future will be
bright for Cyprus.
However, if we as the United States Congress continue only to echo
the shrill cries of the ``blame Turkey'' groups here in the United
States, we will only help further delay the day that peace comes to
Cyprus. I urge my colleagues to reject H. Res. 1632.
Mr. SMITH of New Jersey. I yield back the balance of my time.
Mr. TANNER. Madam Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Ms. Edwards of Maryland). The question is on
the motion offered by the gentleman from Tennessee (Mr. Tanner) that
the House suspend the rules and agree to the resolution, H. Res. 1631.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
____________________