In addition to the EU acquis and international and european conventions, the Cypriot Constitution contains a far reaching anti-discrimination provision (article 28) which covers the grounds of community; language; national or social descent; birth; colour; wealth; social class; or any ground whatsoever. However, like the Race Directive, article 28 has never been used to charge assailants for racism in Court.

Clear
  • Anti-discrimination Legislation & Implementation

    There is little awareness amongst the public and legal circles as regards anti-discriminaton laws. No case was ever brought  in Court invoking the Race Directive. The specialised body, which has no power to award compensation, has never used its limited powers to impose sanctions, preferring mediation instead. Its limited staffing also means that complaints can take years to investigate. It is nevertheless the only body investigating discrimination complaints.

    • Is racial discrimination defined in national law?

      Yes.

      Qualitative Info

      Yes, it is in conformity with the ICERD, which was ratified in 1967 and became part of the Cypriot legal order by virtue of Law  Ν. 12/1967 entitled :The Convention on the Elimination of All Forms of Discrimination (Ratification) Law, as amended by Laws 11/92, 6(III)/95 and 28(III)/99. Thus the definition of racial discrimination contained in article 1(1) of the ICERD is since 1967 part of the Cypriot legal order, with superior force over national legislation.

      Another definition of racial discrimination, less wide and far reaching than the above definition of the ICERD, is found in the Equal Treatment (Racial or Ethnic Origin) Law No. 59(I) /2004 (31.3.2004) which (more or less) transposes the Racial Equality Directive. This definition replicates the wording of the Racial Equality Directive. Thus, direct discrimination is defined (in art. 2 of the said law) as “[L]ess favourable treatment afforded to a person due to his/her racial or ethnic origin than the treatment afforded to a person in a comparable situation”. Indirect discrimination is defined (again in art. 2 of the said law) as an apparently neutral provision, criterion or practice that would put persons of a specific racial or ethnic origin at a particular disadvantage compared with other persons unless the provision, criterion or practice in question is objectively justified by a legitimate aim and the means are proportionate and necessary.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Asylum seekers

      Type (R/D)

      • Islamophobia
      • Afrophobia
      • Religious intolerance
      • Nationalism

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Media
      • Sport
      • Political discourse -parties - orgs
      • Anti-racism
      • Daily life
      • Religion
      See other countriesSee indicator history
    • Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?

      Yes. The Cypriot law transposing the EU equality Directives replicates the wording of the Directives on this point

      Qualitative Info

      The national law transposing (more or less) the Racial Equality Directive (The Equal Treatment (Racial or Ethnic Origin) Law No. 59(I) /2004 (31.3.2004) ) defines and prohibits direct and indirect discrimination, as well as harassment, using the wording of the Directive. Instruction to discriminate is also prohibited, but no definition is offered. The national law is in conformity with the Directice on this point.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Media
      • Sport
      • Political discourse -parties - orgs
      • Anti-discrimination
      • Anti-racism
      See other countriesSee indicator history
    • Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?

      Yes, it also covers additional grounds.

      Qualitative Info

       

      Cyprus has ratified all major international conventions on anti-discrimination (Framework Convention on the protection of National Minorities, International Covenant on Civil and Political Rights, European Convention on Human Rights and its Protocol 12,  Revised European Social Charter, International Convention on Economic, Social and Cultural Rights, Convention on the Elimination of Discrimination against Women,  Convention on the Rights of the Child, ILO Convention N°111 on Discrimination, Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Rights of Persons with Disabilities) and has transposed the two anti-discrimination Council Directives. Thus all grounds covered by these instruments also form part of the Cypriot legal order. Additionally, article 28 of the Constitution prohibits discrimination on the grounds of: community; race; religion; language; sex; political or other conviction; national or social descent; birth; colour; wealth; social class; or any ground whatsoever.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination
      • Anti-racism
      • Religion
      See other countriesSee indicator history
    • Does nationality, citizenship serve as a ground for discrimination in access to public goods and services, employment and/or deprivation of economic and social rights?

      Yes

      Qualitative Info

      The nationality exemption of the Council Directives was transposed in the national laws. However the Equality Body has an enlarged mandate, going far beyond the  minimum requirements of article 13 of the Racial Equality Directive. Thus the  Combating of Racial and other forms of Discrimination (Commissioner) Law N. 42(I)/2001 which sets out the Equality Body's mandate covers nationality by implication, since it gives the Equality Body the power to investigate complaints on all grounds covered by conventions ratified by the Republic of Cyprus (Articles: 3(1)(a);  3(1)(b); 5(a)). Nationality is a protected ground in Protocol 12 to the ECHR, ratified by  the European Convention for the Protection of Human Rights and Fundamental Freedoms (Twelfth Protocol) (Ratification) Law N.13(III)/2002, which renders nationality as one of the grounds covered by the mandate of the Equality Body. There are several Equality Body decisions criticising nationality discrimination in access to goods and services, employment and access to economic and social rights.

      Groups affected/interested

      • Migrants
      • Refugees
      • Muslims
      • Asylum seekers

      Type (R/D)

      • Afrophobia
      • Arabophobia
      • Nationalism

      Key socio-economic / Institutional Areas

      • Education
      • Sport
      • Anti-discrimination
      • Daily life
      See other countriesSee indicator history
    • Does statelessness serve as a ground for discrimination in access to public goods and services and/or deprivation of economic and social rights?

      Yes

      Qualitative Info

      Cyprus has ratified the Protocol relating to certain cases of Statelessness (ratified by Law 64/77). Other than that, statelessness is not a protected ground in any of the laws transposing the anti-discrimination Council Directives. No such case has been examined either by the Courts or by the Equality Body.

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Type (R/D)

      • Afrophobia
      • Arabophobia
      • Nationalism

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      See other countriesSee indicator history
    • Discrimination on the grounds of race, ethnic origin and/or religion is prohibited in all the areas provided for by the EU Directives?

      Yes

      Qualitative Info

       

      The Law on Equal Treatment irrespective of Race or Ethnic origin N. 59(I)2004 (transposing the Racial Equality Directive) prohibits discrimination on the ground of race/ethnic origin in the fields of: Access to employment, working conditions, training, membership of, involvement in organisations, social protection, social advantages, education, goods, services, housing. The mandate of the Equality Body however is much wider, covering discrimination in all fields and on all grounds (The Combating of Racial and other forms of Discrimination (Commissioner) Law N. 42(I)/2001, article 6(2)(e)).

      The exceptions are those provided by the Racial Equality Directive, i.e. genuine and determining occupational requirement  (Law on Equal Treatment in Employment and occupation 58(I)/2004, Article 9); differential treatment on the ground of nationality, differential treatment and entry and stay of third country nationals and stateless persons (Law on Equal Treatment irrespective of Race or Ethnic origin N. 59(I)2004, article 4(2)).

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Type (R/D)

      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      • Anti-racism
      See other countriesSee indicator history
    • Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?

      Yes

      Qualitative Info

       

      For the purposes of transposing article 13 of the Racial Equality Directive, the Combating of Racial and other forms of Discrimination (Commissioner) Law N. 42(I)/2004 extended the Ombudsman's mandate in order to grant to it the powers of investigation of complaints of discrimination on all grounds and in all fields. In addition to the five grounds of the Equality Directives (race/ethnic origin, religion or belief, age, sexual orientation, disability) the Equality Body’s mandate includes: colour, political or other beliefs, national origin, all rights guaranteed in ECHR and all its protocols, in the International Convention for the Elimination of All forms of Discrimination, in the Convention against Torture and other Forms of Inhumane or Humiliating Treatment, in the International Covenant on Civil and Political Rights and in the Framework Convention on the Protection of National Minorities (Articles 5, 7). There is only one Equality Body in Cyprus.

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Media
      • Anti-discrimination
      • Anti-racism
      • Religion
      See other countriesSee indicator history
    • Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?

      No. Very few recording mechanisms which work poorly. Its data is usually unavailable in the public sphere.

      Qualitative Info

      The police runs a mechanism for recording racist crime. However, the relevant office is understaffed and underresourced and the data it records (only available upon request and subject to permission by the Chief of Police) is a gross underestimation of the problem and has been repeatedly criticised by the Equality Body. In 2010 the Ministry of Education put into place a mechanism for recording school violence including racist violence. Also a semi-public school (the English School) has set up a mechanism for recording incidents of bullying, including racist bullying.

      Groups affected/interested

      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Education
      See other countriesSee indicator history
    • Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?

      Yes

      Qualitative Info

      The Law on Equal Treatment irrespective of Race or Ethnic origin N. 59(I)2004 (article 6) transposing (more or less) the Racial Equality Directive provides that differential treatment on the basis of race or ethnic origin or the maintaining or adopting of specific measures aimed at preventing or compensating for disadvantages linked to racial or ethnic origin shall not be deemed as unlawful discrimination, even though they may appear so.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      See other countriesSee indicator history
    • Are special/positive measures for securing advancement and protection of certain racial or ethnic groups widely adopted and implemented?

      There are very few measures in place.

      Qualitative Info

      In the field of education,  the Ministry of Education introduced (for the first time during school year 2003-2004) the institution of the Educational Priorities Zones (ZEP) which aims at promoting literacy and school achievement in economically and socially depressed areas. One of the criteria as to whether a certain area is deemed as an Educational Priority Zone is the number of non Greek-speaking residents.This measure aims at placing in a special category certain schools where special attention and particular measures are needed to address certain educational needs, such as pupils coming from particularly poverty-stricken areas, high concentration of non-native Greek speakers, high dropout rate etc. Schools classified as falling within EPZ receive extra teaching hours and other measures where needed. The institution of EPZ aims at reducing inequalities for pupils attending schools in disadvantaged areas with an increased proportion of immigrants and ethnic communities, combating school failure and illiteracy. There are currently three EPZ are in operation in Cyprus, covering 17 school units and including the schools with a high concentration of Roma pupils.

       In the field of housing of the Roma community, the policy applicable as from 2000 (the date marks the en mass flow of Roma from north of the country to the south) is to provide all Cypriot Roma with publically administered housing. This takes the form of one out of three following types:‘Abandoned’ Turkish-Cypriot property, prefabricated houses in specially designated settlements in remote areas near villages, rented accommodation which is leased from the landlords to the Welfare Services Department, which then offers it to Roma for accommodation. By general admission, the accomodation provided is substandard and in many cases unfit for human habitation. Its isolated location has attracted criticism by ECRI and by the national equality body for depriving Roma children of access to schools. Over the last couple of years there has been an effort to regenerate the old Turkish Cypriot quarter of Limassol and some of the old houses were repaired. Some of the houses inhabited by the Roma have been maintained and repaired by the government, but the pace of repairs is slow. Also a multi-purpose community centre was set up in the Turkish quarter, which aimed at taking action towards integrating the Roma and promoting their participation within the local community. However, the building remains closed most of the time as no arrangements or budget were allocated for a full timer to be present.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Linguistic minorities
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Arabophobia
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
      • Education
      See other countriesSee indicator history
    • Is the State or are state representatives reported to engage in discriminatory acts or practices by independent authoritative sources?

      Yes

      Qualitative Info

       

      ECRI’s fourth country report on racism and intolerance in Cyprus (published on 31.05.2011) criticises the Cypriot authorities for a long series of issues including: the non-implementation of the anti-racist and anti-discrimination legislation; the failure to keep any records on court decisions regarding discrimination; the failure to allocate sufficient funds and resources to the Equality Body/Ombudsman to enable it to carry out its functions; the restrictions imposed on the Equality Body as regards the appointment of its own staff (currently by the Civil Service Committee); educational policies resulting in the school segregation (disproportionately high concentration of Turkish Cypriot and Roma pupils in particular schools); the failure to provide for the educational needs of the Roma (lack of access to education for some Roma children residing in rural settlements); the marked increase in racism in schools; the lack of integration policy; the vulnerable situation of foreign domestic workers; the draft legislation currently under way  introducing measures to address irregular migration by means of “sham marriages”; negative attitudes towards migrants, asylum seekers and refugees commonly expressed in political discourse and in the media; the rise in prominence of extremist anti-immigration groups; the dissemination of hate speech through extreme nationalist websites; the delay on the part of the welfare authorities to pay public assistance to asylum seekers, the lack of coordination between the various government offices creating additional problems for asylum seekers with health problems trying to access the labour market; the restrictions in the availability of legal aid to asylum seekers; the non ratification of the Convention on the Participation of Foreigners in Public Life at Local Level, the European Convention on Nationality, the European Convention on the Legal Status of Migrant Workers and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, etc. The Equality Body also regularly criticizes the heavy handedness of the police towards migrants and asylum seeker, the practices of the immigration authorities, the school teachers and the police for downplaying racist motive in school incidents and in trying to attribute it to youth delinquency.

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers

      Type (R/D)

      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination
      • Anti-racism

      External Url http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/Cyprus/CYP-CbC-IV-2011-020-ENG.pdf

      See other countriesSee indicator history
    • Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?

       No, the equality body provides only unofficial advice on what further steps to take.

      Qualitative Info

      The Equality Body's mandate does not include Court representation. Its main function is the investigation of the victim's complaint and the issue of decision/recommendation. In the course of doing so, the Equality Body advises the victim as to what steps to take in order to further pursue his/her case, usually taking the form of advising them to apply to the Courts. The Equality Body also has a mediation function, which often produces results to the satisfaction of the victim. All services provided by the Equality Body are free of charge.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Religion

      External Url http://www.no-discrimination.ombudsman.gov.cy/sites/default/files/report_of_the_anti-discrimination_body_for_the_year_2010.pdf

      See other countriesSee indicator history
    • Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?

      Yes, the law does provide for the shifting of the burdenof proof. No problems have been recorded because no case involving racial discrimination was ever decided by the Courts. The Equality Body does not reverse the burden of proof for the purposes of its own investigation.

      Qualitative Info

      The burden of proof is reversed under article 7 of the Law on Equal Treatment irrespective of Race or Ethnic origin N. 59(I)2004 (more or less transposing the Racial Equality Directive). Following an amendment enacted in 2006, this provision is now in line with the Directive's article 8. This law however does not expressly provide that the burden of proof is reversed where organisations engage in proceedings on behalf of victims. The Equality Body does not reverse the burden of proof, as it falls under the exception provided by 8(5) of the Directive ("Member States need not apply paragraph 1 to proceedings in which it is for the court or competent body to investigate the facts of the case."). There have never been any problems reported, given that no case of racial discrimination invoking this law has ever been adjudicated by the Cypriot Courts.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      See other countriesSee indicator history
    • Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?

      Yes

      Qualitative Info

       Law 59(I)/2004 (article 12) and Law 58(I)/2004 (article 14), which purport to transpose the two anti-discrimination Council Directives, do not go into any lengths to describe the type of entitles that may act on behalf or in support of victims; they merely provide that organisations with a legitimate interest and with the victim’s permission can represent a victim of discrimination in proceedings both before the Equality Body as well as before the Court. It is presumed that such organisations must at the very least be registered, or else they lack legal personality and legal capacity. The presumption is reinforced by the fact that Law 59(I)/2004 (roughly transposing the Racial Equality Directive), article 12, requires that in order for organisations or other legal persons to be able to represent and act on behalf of persons in applying to the courts or the equality body, such organisations must (in addition to the victim’s permission) have a provision in their memorandum and articles of association that the elimination of discrimination on the ground of racial or ethnic origin is part of their aims.

      The equality body may investigate cases following applications by NGOs, chambers, organisations, committees, associations, clubs, foundations, trade unions, funds and councils acting for the benefit of professions or other types of labour, employers, employees or any other organised group, local authorities, public law persons, the Council of Ministers, the House of Parliament etc (The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/ 2004 (19.03.2004), Section 34(2)).  The equality body follows a flexible approach and does not demand to see members’ permissions or copies of articles of association in order to ensure that the law’s requirements are met before investigation begins.

       In the case of Law 58(I)/2004 (roughly transposing the Employment Equality Directive) article 14 provides that workers’ organisations or other organisations with a legitimate interest can act on behalf of their members with the members’ permission in claiming their right to resort to the Courts or to the equality body. The Equality Body is again flexible on this and does not demand proof of legitimate interest. The Courts can reject a case of ‘legitimate interest’ is not substantiated.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers

      Type (R/D)

      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Religion
      See other countriesSee indicator history
    • Is class action or actio popularis possible? (court claims or action in the name of a group)

      Regarding actio popularis, no.

      Regarding class action, the law is silent but does not expressly prohibit it. Civil procedure rules allow class actions for the same subject matter. 

      Qualitative Info

       There is no provision in the legislation allowing actio popularis. In the absence of an express provision, it is unlikely that the Courts will accept such an action, given that in the past they did reject claims because the law did not expressly provide for the right sought by the applicant (e.g. In the case of Eleni Kyriakidou v Cyprus Broadcasting Corporation -Supreme Court case no. 18/2008, dated 03.12.2010 the Supreme Court found the applicant lacked legitimate interest because there was no express legislative provision giving her the right she was seeking to enforce through the Courts). The Equality Body does accept and investigate complaints from associations (e.g. the RAXEN National Focal Point, the confederation of disability organisations KYSOA, anti-racist NGOs, the Social Welfare Committee of the Parliament of the Elderly etc) acting in the public interest on their own behalf without a specific victim to support (e.g. ‘Roma pupils’ in general or ‘female migrant workers’ in general, ‘persons with disability’, ‘migrants’, ‘drivers aged over 70’ respectively, etc). This should however be attributed to the liberal approach followed by the Equality Body rather than an interpretation of the law allowing actio popularis.

       Regarding class actions, the laws transposing the equality Directives are silent on the possibility of organisations representing more than one complainants at the same time but do not expressly prohibit this either. Law 59(I)/2004 (transposing more or less the Racial Equality Directive) uses the singular when referring to the member to be represented (article 12).  The civil procedure rules make provision for class actions but only when these refer to the same subject-matter, in this case the same discriminatory treatment or act. The Equality Body does accept and investigate complaints from associations acting in the interest of more than one victim, as indicated in the previous paragraph.

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Sport
      • Anti-discrimination
      • Anti-racism
      • Religion
      See other countriesSee indicator history
    • Are sanctions foreseen/provided by anti-discrimination legislation?

      Yes

      Qualitative Info

       Law 42(I)/2004 article 28 vests the Equality body with the power to issue orders (through publication in the Official Gazette) for the elimination of the situation which directly produced discrimination, although such right is somewhat limited by a number of exceptions (listed in articles 14(2) and 14(3) of Law 42(I)/2004). The Equality body is further empowered to impose small fines which cannot exceed CYP350 (Euros 598) for discriminatory behaviour, treatment or practice; CYP250 (Euros 427) for racial discrimination in the enjoyment of a right or freedom; CYP350 (Euros 598) for non-compliance with the Equality Body’s recommendation within the specified time limit; and CYP50 (Euros 85.44) daily for continuing non-compliance after the deadline set by the Equality body (articles 18 and 26(1) of Law 42(I)/2004). Generally speaking, the fines are very low to offer deterrence and therefore they are hardly ever imposed by the Equality body, which prefers to use its mediation function.
      The Equality Body may also issue recommendations to the person against whom a complaint has been lodged, and to supervise compliance with orders issued against persons found guilty of discrimination (article 24, Law 42(I)/2004). It is possible for the Equality Body to recommend school desegregation plans or the instigation of disciplinary proceedings against teachers or other persons guilty of discrimination; in practice, however, the Equality body’s recommendations hardly ever propose measures as drastic as that and there is a clear tendency towards ‘diplomacy’ and mediation, evidenced by the fact that no binding decisions have been issued so far and no fines have been imposed yet.
      The Equality body does not have the power to award compensation to victims of discrimination, but its decisions may be relied upon to claim compensation in Court. In addition to damages, a victim of discrimination may apply to the labour tribunal seeking reinstatement to a position from which s/he was unlawfully dismissed. Under article 13 of law 59(I)/2004 (transposing the Racial Equality Directive minus the employment component) the penalty to be imposed by the Court against a physical person found to be guilty, is a maximum of CYP4.000 (Euros 6,835.27) and/or imprisonment of up to six months. For legal persons the maximum penalty is CYP7.000 (Euros 1,196.72). An offense committed under the same law out of gross negligence carries a penalty of up to CYP2000 for physical persons. If the offense has been committed out gross negligence, the fine for physical persons is up to CYP2.000 (Euro 3,417.63); for legal persons, there is a fine of up to CYP2.000 (Euro 3,417.63) for the managing director, chairman, director, secretary or other officer if it can be proven that the offense was committed with his/her consent plus an additional fine of up to CYP4.000 (Euro 6,835.27) for the company or organisation. Under article 15 of law 58(I)/2004 (transposing the Employment Directive) the penalties are identical to those provided for the law transposing the Race Directive. No such fines have been imposed by the Courts so far.

      There are also penal remedies against discrimination.  Section 2A (4) of Law 28(III)1999 ratifying the ICERD provides that any person who supplies goods or services by profession and refuses such supply to another by reason of his racial or ethnic origin or his religion, or who makes such supply subject to a condition relating to the racial or ethnic origin or to the religion of a person is guilty of an offense and is liable to imprisonment not exceeding one year or to a fine not exceeding four hundred pounds or to both such punishments” [about 6700 euros]. The Criminal Code, (Cap.154) Article 51A, provides that whoever publicly and in any way “procures the inhabitants to acts of violence against each other or to mutual discord or foments the creation of a spirit of intolerance is guilty of a misdemeanour and is liable to imprisonment of up to twelve months or to a fine. The law ratifying the Additional Protocol to the Convention on Cyber crime concerning the Criminalisation of Acts of Racist or Xenophobic Nature committed through Computer Systems (Law Ν. 26(ΙΙΙ)/2004) also creates a number of criminal offences, each of which is punishable with a prison sentence of up to five years and/or a fine of up to CYP20.000 (Euros 34,176.35).


       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination
      • Anti-racism
      See other countriesSee indicator history
    • Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?

      Yes, there are provisions in the legislation. No, they are not applied in practice.

      Qualitative Info

      The Court has power to award compensation to victims of discrimination, however no case has been presented in Court claiming compensation for discrimination on the ground of race/ethnic origin under the laws transposing the equality Council Directives. This is attributed to a variety of reasons, mostly related with lack of awareness of the anti-discrimination laws and procedures by both victims and lawyers, lack of faith in the judicial system, lack of legal aid etc. Only one case was ever presented in Court claiming compensation for discrimination and this concerned an age limit in a job advertisement, i.e. age discrimination (Avgoustina Hadjiavraam v. Cooperative Credit Corporation of Morphou, Appeal No. 287/2008, dated 11 July 2011). Relying on ECJ rulings, the Court awarded compensation of only 1500 Euros, representing three salaries, as the applicant would not have been hired anyway, even in the absence of the age discrimination, because the other candidates were better qualified.

      The Equality Body has no power to award compensation.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination
      • Anti-racism
      • Religion
      See other countriesSee indicator history
    • Are there any problems concerning the implementation of national legislation prohibiting discrimination?

      Yes, there are problems in the process of revising discriminatory laws, in the lack of resources of the equality body, in the lack of awareness measures to inform the public and the judicial circles of the anti-discrimination legislation and in general with the fact that the anti-discrimination legislation is not being implemented.

      Qualitative Info

       Revision of discriminatory laws: The duty to ensure that discriminatory laws and provision have been explicitly repealed (as required by the Employment Equality Directive, Article 16 and the Racial Equality Directive, Article 14) has not been fully complied with. No review of the existing laws was made to ensure compliance with the Directives. Practice suggests that the process of formal repeal of older laws which do not comply with the Directives is somehow ‘triggered off’ only after a complaint is submitted to the equality body. There is no procedure for continuous reviewing of existing legislation for the purpose of assessing compatibility with the anti-discrimination directives. The equality body has the right to refer laws, regulations and practices containing discriminatory provisions to the Attorney General, who has an obligation to advise the competent Minister or the Council of Ministers of measures to be taken and prepare the corresponding law (The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law N. 42(1)/ 2004, articles 39(1) and 39(3) respectively). However, not all the recommendations of the equality body were taken up by the Attorney General, as a result of which the discriminatory law/ regulation/ practice remains in force (until expressly repealed by law) in contravention of article 16 of the Employment Equality Directive and of article 14 of the Racial Equality Directive. In its annual report for the years 2007-2008, the equality authority (one of the two bodies comprising the equality body, which deals with matters in the employment field) expressed concern over the ineffective operation of article 39 of the Combating of Racial and Other Forms of Discrimination (Commissioner) Law, which sets the procedure for revising discriminatory provisions in laws and regulations. The report notes that very often its proposals are viewed with suspicion by the executive and do not lead to any correction of the law.

      Implementing the anti-discrimination laws and devoting resources to the Equality Body: The Third Opinion on Cyprus of the Advisory Committee on the Framework Convention for the Protection of National Minorities issued in 2010 states that in view of the growing number of discrimination complaints, awareness-raising efforts should be intensified and the institutional framework for combating discrimination needs to be strengthened, whilst the competent authorities must be provided with more adequate resources. Since its inception in 2004, the equality body has been greatly understaffed and under-funded by the government. In his 2006 report (dated 29.03.2006), the Commissioner for Human Rights of the Council of Europe Mr. Alvaro Gil-Robles expresses his regret for the fact that the necessary increase in funding to deal with the extra work-load has not been provided to the Ombudsman and recommends that greater resources be devoted to this office to enable it to deal effectively with its new competencies.  Similarly, in its third report on Cyprus dated 16.05.2006, ECRI also stresses the need for resources to be made available to the Ombudsman to enable her to respond to her tasks. During 2008 the mandate of the equality authority (one of the two bodies comprising the equality body) was extended by a new gender discrimination law. This has resulted in a shift in emphasis in favour of gender discrimination, manifested by the fact that in the years that followed this development, the percentage of gender discrimination cases submitted to and dealt with by the Equality Authority exceeds  50%. This extension of mandate was not accompanied by an increase in the members of staff and the report describes itself as “understaffed”. Under the new state of affairs, it is inevitable that the other grounds of discrimination will be given less attention than before.

      The Fourth ECRI report on Cyprus published 31.05.2011  marks inter alia the following as ‘areas for concern’: The anti-racist and anti-discrimination legislative provisions are rarely applied; there is no record on court decisions regarding discrimination; the Equality Body/Ombudsman lacks sufficient human and financial resources, does not enjoy the freedom to appoint its own staff and is not well known to vulnerable groups.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination
      • Anti-racism

      External Url http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/Cyprus/CYP-CbC-IV-2011-020-ENG.pdf; www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/PDF_3rd_OP_Cyprus_en.pdf.

      See other countriesSee indicator history
    • Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?

      No official assessment was ever carried out, just research or scholary papers.

      Qualitative Info

      The only regular assesment of the implementation of the law transposing the two anti-discrimination Directives is carried out by the Legal Network of Experts in the non-discrimination field (www.non-discrimination.net), which compiles annually a country report on the implementation of the Directives. The report does not arrive at any recommendations, but it does record a number of aspects of implementation which are problematic, such as the reluctance of the Court to recognise and justify positive measures, the process of repealling laws containing discriminatory provisions, the non allocation of  adequate resources to the equality body to enable it to carry out its function, etc.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Housing
      • Health and social protection
      • Education

      External Url http://www.non-discrimination.net/content/media/2010-CY-Country%20Report%20LN_FINAL_0.pdf

      See other countriesSee indicator history
  • Policing - Law Enforcement - Justice

    Since 2009 the police offers anti-racist training for its members but it is not sufficiently far reaching. The police and the media regularly stereotype migrants as criminals. Racial profiling is not prohibited and is regularly practiced by the police, as part of its operations to hunt down irregulars. The non-policing of the areas inhabited by migrants leads to increased criminal activity by far right groups which attack migrants. 

    • Is there evidence or indication that the police force engages in ethnic profiling?

      Yes

      Qualitative Info

       

      The Cyprus ENAR report 2007 (http://cms.horus.be/files/99935/MediaArchive/pdf/en/Cyprus%20-%20SR%202007.pdf) claims that “racial profiling is not an uncommon practice of the police, although this is not officially admitted”. Citing the NGO KISA, the report suggested that there is a police practice of racial profiling of Turkish (Kurds), Bangladeshi and Pakistani origin, who have repeatedly submitted complaints to the Ombudsman and the Independent Authority for Investigation of Claims and Complaints against Members of the Police Force”.

      In its latest report on Cyprus published in 2011, ECRI also expressed concern over incidents of racial profiling which have occurred recently in Cyprus and referred to the televised police hunt for undocumented migrants of 25.09.2009, which had also been the subject of an equality body investigation. The incident involved a massive police operation in the early hours of 25 September 2009, during which police arrested 150 migrants. The police stated that the operation was conducted primarily to execute 21 arrest warrants and 25 search orders in connection with incidents outside a mosque the previous month. The operation, which involved road blocks and the use of handcuffs, received high media attention and was shown on all TV channels. It was the centre of debate for weeks afterwards. The Equality Body criticised the police for their disproportionate reaction and for spreading xenophobia, noting that many arrests were made without warrants or any objective elements justifying a suspicion that the persons concerned had committed an offense; arrests were based on the mere fact that the persons in question lived in a certain area or on their ethnic origin. The Commissioner’s report recommended that racial profiling should be clearly defined and prohibited by law and the police should reinforce measures against this practice by issuing clear guidelines. It also repeated its earlier recommendation that the police should consider hiring migrants as police officers as a measure to reinforce trust between the police and the migrant community and that legal obstacles such as the requirement for police officers to have Cypriot nationality should be lifted.

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
    • Is there evidence of significant disparities between the number of racist incidents and crimes reported and the numbers of racist incidents and crimes recorded by police authorities?

      No, because there is no mechanism collecting data other than that of the police

      Data n/a

      Qualitative Info

      Although the number of incidents recorded by the police every year is incredibly small, as admitted by the Equality Body in a number of its reports and by the ECRI report of 2011, there is no other record of racist crime to compare it by. 

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Asylum seekers

      Type (R/D)

      • Extremism - organised Racist Violence
      • Nationalism

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
    • Is there evidence that areas containing significant numbers migrants and minorities are policed in different ways than others?

      No official evidence

      Data n/a

      Qualitative Info

      No, but in previous years migrant oragnisations complained to the Equality Body of excessive police force and police violence in areas with high migrant concentration. At the time, the Equality Body had recommended the hiring of members of ethnic/migrant communities  to the police force in an effort to ease tensions between the police and migrant organisations and increase the levels of acceptance of the police by migrant organisations, but this recomendation was not implemented.

      In current years, it is well known that there is little or no policing inside the areas known as the 'migrants' ghettos', hence the regular racial attacks by fascist groups against migrants in these areas. The only policing done of those areas are the police operations referred to as "Skoupa" which means broom, and which are basically stop and search operations intended to locate undocumented migrants.

      The lack of policing of areas with high migrant concentration creates conditions of impunity for the anti-immigrant groups to develop criminal activity in those areas. In November 2011, a press report about a racist violent incident against an unsuspecting Indian man by unknown young men riding a van without number plates and holding metallic bats, prompted a self initiated investigation by the Equality Body. It emerged that the incident took place on 26.08.2011 and that between 25-28.08.2011 a number of other attacks took place in the same area most probably by the same perpetrators; according to the police report, although some of these attacks were against Cypriots, the circumstances were such that the assailants probably mistook the Cypriots for foreigners and so attacked them. The Equality Body report (dated 02.11.2011, Ref. ΑΚR/ΑΥΤ. 2/2011) deplored the fact that no charges were pressed against anybody in respect of any racial incidents and recommended a comprehensive plan of action to improve and upgrade the system of preventing and investigating racist violence.

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Type (R/D)

      • Extremism - organised Racist Violence

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
    • Do migrants/minorities face disproportionate problems in accessing justice?

      yes

      Data n/a

      Qualitative Info

      The national report of Cyprus for the FRA entitled “Thematic Legal Study on assessment of Access to Justice in Civil Cases: Cyprus” dated 1 October 2009 revealed the following problems of access to justice by minorities and migrants. Although the report was drafted in 2009, the situation as regards these issues remained unchanged throughout 2011.

      1.  The Law on Provision of Legal Aid N. 165(I)/2002 provides for legal aid only for criminal and civil law cases and excludes administrative proceedings. A ECtHR decision against Cyprus dated 04.12.2008 on the issue of availability of legal aid in administrative proceedings concurring opinion that “a question arises as to the conformity of such legislation with the requirements of Article 6 of the Convention” and that “there is a priori no reason why it should not be made available in spheres other than criminal law” (Marangos v. Cyprus, Application no. 12846/05).
      2. In an effort to transpose articles 15(2), 15(6) and 38 of Council Directive 2005/85/EC of 1st December 2005 laying down minimum standards on procedures in Member States for granting and withdrawing refugee status, an amendment to the legal aid law was enacted extending legal aid to asylum seekers applying to the Supreme Court under article 146 of the Cypriot Constitution in order to set aside a negative decision either of the Asylum Service or of the Reviewing Authority. Such decision may concern either the rejection of the applicant’s asylum application or the cancellation of the applicant’s refugee status. Legal aid will be made available only for the first instance review of the application by the Supreme Court and not for any appeal against this decision. However, the granting of legal aid is conditional upon the application to the Supreme Court having chances of success. This provision has resulted in all but a couple of applications for legal aid to be rejected, as the Court would in most cases find that the applicant’s case has no chances of success. This provision essentially negates the whole concept of legal aid extended to asylum seekers.
      3. In the area of anti-discrimination, an important discrepancy is located in the process of reviewing and revising existing laws, regulations and practices which contain discriminatory provisions. Review appears to be triggered off only when a complaint is submitted to the equality body; there is no process of systematic and continuous review of laws practices and regulations. Furthermore, the procedure of referring laws to the Attorney General for preparing amending legislation has so far not yielded any results, thus leaving discriminatory provisions in force.
      4. In the area of free movement of workers across Europe, there is contradictory approach by the courts in cases involving claims to family reunion of Union citizens, including Cypriots. A Report by the Ombudsman (Ref. Α/P 1623, Α/P 1064, dated 06.05.2009) refers to as “a contradictory and defensive position” by the immigration authorities. In some cases the Supreme Court provided effective redress by setting aside the immigration authority decision, thus reasserting the supremacy of the EU acquis, with its more liberal procedures on free movement, over the antiquitated Cypriot immigration law, which contains more stringent procedures and vests the Chief Immigration Officer with wide discretional powers. However, in a large number of cases the Court ruled in favour of the immigration authority’s discretion to regulate entry into the country as ‘an expression of sovereignty of the Republic’. Furthermore, the numerous cases of mixed marriages where the immigration authorities have refused entry or deported the foreign spouse of the Cypriot national have again received non-uniform treatment by the Courts; some decisions find in favour of the applicant and others in favour of the immigration authority’s decision.
      5. The application of the so called ‘doctrine of necessity’, which effectively suspended all communal rights of the Turkish Cypriots contained in the Constitution, presents problems to Turkish Cypriots claiming property rights, student grants, pensions and fundamental rights such as the right to vote, which was restored following an ECtHR decision against Cyprus. E.g. there are several dozens if not hundreds of cases where Turkish Cypriots were denied access to their property in the Republic-control south of Cyprus, because the ‘the abnormal situation’ created by the 1974 war entitled the state to invoke emergency measures relying on the ‘doctrine of necessity’

      An Ombudsman’s report 12.03.2010 pursuant to a large number of complaints by migrant workers regarding the procedure followed by the Labour Office in investigating complaints by migrant workers against their employers revealed that, in some cases when migrant workers complained to the police for violation of their employment contract, the police chose to take the case to the Criminal Court instead of referring it to the Labour office, with the complainant being the accused. When the migrant workers’ testimony was no longer needed, then they would be deported without their allegations having ever been investigated. At the level of the labour office procedure, the officials did not make the necessary effort to investigate the allegations of the migrant worker even for the most obvious contractual violations and viewed all allegations made by migrants with suspicion. By contrast, they took the employer’s allegations for granted without investigation, demonstrating a clear pro-employer bias even where the employer’s contractual violation were more than obvious. Often, the labour dispute was investigated without taking into consideration the position of power of the employer over the employee and the latter’s lack of choice when instructed by the employer to perform work outside his/her contractual obligations. Also, whilst compliance by migrants with the instructions of the immigration authorities is closely monitored, compliance by the employer is not monitored. As a result, the sums due by the employer to the migrant often remain unpaid and the migrant worker is deported unable to recover the sums due to him/her.

       

       

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Intra-ethnic

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Anti-discrimination
      • Integration - social cohesion
      See other countriesSee indicator history
    • Is there evidence of differential sentencing?

      No

      Data No records kept

      Qualitative Info

      There are no records to enable a comparison of such data. Decided cases are not archived by the type of the crime or the profile of the parties. In order to retrieve them in the Court's records, one must have the names of the parties and the reference number of the case, so it is not possible to study the sentences and arrive at comparative conclusions.

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
  • Employment

    Migrant workers who are out of work have their residence permit authomatically revoked and become subject to deportation. Work permits are issued for maximum of 4 years-overstayers become irregulars. There are no regularisation programs. Migrants carry out low status and low pay jobs that most Cypriots are unwilling to do. Trade unions do recruit migrant workers, but domestic work which has the highest concentration of migrant workers is not unionised.

    • Differential unemployment levels/rates of migrants?

      No

      Data n/a

      Qualitative Info

        There are no such figures available, as migrants are entitled to stay and work in Cyprus only if they are attached to a specific employer. if they do not have work, their residence and work permit are suspended and are forced to leave the country.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Differential unemployment levels/rates of minorities?

      No data available.

      Data n/a

      Qualitative Info

      No data is available as regards minorities, although it is widely known that there is extremely high unemployment amongst the Roma. Unemployment is not known to be higher amongst the three constitutionally recognised groups (Maronites, Latins, Armenians).

      Groups affected/interested

      • Roma & Travelers
      • Religious minorities
      • National minorities

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Differential pay rates?

      Yes

      Data No quantitative data available

      Qualitative Info

       

      In Cyprus there is no legislative regulation fixing a minimum wage covering the whole of the labour market. There is only an order covering 9 sectors (shop assistants, nurses' assistants, clerks, hairdressers, nursery assistants, kindergarten assistants, security guards, carers and cleaners) [http://paratiritirioergasias.blogspot.com/2012/01/blog-post_13.html]. Migrant workers are employed in some of these professions although there are no national reports on differential wages between migrants and Cypriots. Some information is provided annually by the  U.S. State Department Report on Human Rights Practices in Cyprus. The most recent US report was published in 2011 and concerns the year 2010 [http://www.state.gov/g/drl/rls/hrrpt/2010/eur/154419.htm], thus the information contained below, derived from the said report, is not be valid for 2011.  

      1. The minimum wage for shop assistants, nurses' assistants, clerks, hairdressers, and nursery assistants was 835 euros  per month for the first six months and 887 euros ($1,190) per month thereafter. This amount did not provide a decent standard of living for a worker and family. For asylum seekers working in the agricultural sector, the minimum monthly wage was either 425 euros with accommodation and food provided or 767 euros ($1,030) without accommodation and food. Neither amount provided a decent standard of living for a worker and family.
      2. The minimum starting salary for foreign nationals working as housekeepers was 290 euros per month, plus a minimum of 120 euros for lodging if the worker was not a live-in and an additional 16 percent for social insurance, which employers were required to pay directly to the government. Medical insurance, visa fees, travel, and repatriation expenses are covered by the employers. Cabaret performers' contracts typically stipulated that they receive at least 205 euros per week for 36 hours of work. These wages did not provide a decent standard of living.
      3. Workers in almost all other occupations, including unskilled labor, were covered under collective bargaining agreements. The wages set in these agreements were significantly higher than the minimum wage. However, foreign workers were excluded from collective agreements in some industries.
      4. Foreign workers were allowed to claim pensions, and in some cases there were bilateral agreements that allowed workers to claim credit in their home countries. Unions and labor confederations were generally effective in enforcing negotiated wage rates (collectively bargained rates), which were generally much higher than the minimum wage. The Migration Service was responsible for enforcing the minimum wage for foreign workers but did not actively do so.
      5. Trade unions reported problems in the enforcement of the maximum hours of work per week (38 hours per week for blue collar employees; 39 for white collar employees; 48 including overtime) in sectors not covered by collective agreements. They also reported that certain employers, mainly in the building industry, exploited undocumented foreign workers by paying them wages that were much lower than those provided for in the collective agreements.
      6. In May 2009 eight seamen from Burma claimed through the media that they worked for a Paphos shipping company 11 to 16 hours per day for eight consecutive months without a single day off. The seamen earned between 120 and 137 Euros per month, which was significantly less than the terms agreed to in the contract they signed prior to leaving their home country. After leaving their employment, the merchant shipping department accused the men of being "escapees" and the immigration police arrested them, although they were later released. On 10.06.2009, following mediation by the merchant shipping department, the employer was obliged to pay their salaries in full as well as their repatriation expenses. The seamen had filed a case with the Supreme Court, which they withdrew following the resolution of the dispute.

       

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Employment - labour market

      External Url http://www.state.gov/g/drl/rls/hrrpt/2010/eur/154419.htm; http://paratiritirioergasias.blogspot.com/2012/01/blog-post_13.html

      See other countriesSee indicator history
    • Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions

      No formal restrictions.

      Qualitative Info

      There are no restrictions in place. However, some of the sectors in which migrants are employed in large numbers are not unionised. For instance, domestic work which concentrates the largest number of migrants is not unionised. Also in other sectors, there are reports of employers trying to discourage or victimise migrant workers who try to join a union. Generally speaking, it is the EU workers who mostly benefit from trade union membership, as they are not in the same vulnerable position regarding deportation as third country nationals.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Legal obstacles to access employment in the public sector under equal conditions for migrants

      Yes

      Qualitative Info

      The public service is not open to third country nationals, only to Cypriots and to other EU nationals who must, by law, be treated equally. However there are still in some stringent language requirements as regards the entry of EU nationals in the public services which can operate as indirect discrimination.

      Groups affected/interested

      • Migrants
      • Refugees

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Legal restrictions and/or effective practices of exclusion of minorities regarding membership of and participation in trade unions

      No

      Data N/a. No minority members at leadership of trade unions

      Qualitative Info

      There are no provisions or practices excluding minorities from trade unions. All trade unions welcome minorities amongst their ranks.

      Groups affected/interested

      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Are there examples of good practices and positive initiatives against discrimination/racism at the workplace?

      There are very few measures in place.

      Qualitative Info

      There are various examples of one-off events such as seminars or conferences. Their impact as single instances is however questionable. There are few measures of a certain duration specifically designed to support migrants; these are usually geared towards empowering migrants rather than institutionalising checks and controls that can eradicate racism and discrimination in employment. Some of the mesures which amount to more than just one-off events are listed below.

      Action plan against trafficking: On 22.04.2010 a new national action plan against trafficking for the years 2010-2012 was adopted by the Council of Ministers. The plan provides for extensive awareness-raising measures; revision of the law regarding the operation of job agencies recruiting foreign workers for work in Cyprus; measures to inform foreign workers of the risks and support services including translation of the employment contracts in the languages of the victims; improving the mechanism for the identification of victims; improving support and protection services such as setting up jointly with NGOs a helpline, assessment of the needs of the victims, assessment of the operation of the safe shelter and investigation into the problems in the victims’ right to work; data collection; gaps and impediments in prosecution; research and many more.  A press release issued by the NGO MIGS on 24.03.2010 complained of lack of political will to combat trafficking in women, stating that the phenomenon continues despite the change in policy announced in November 2008 with regard to the visas. The NGO called upon the government to revise the policy for the entry and employment of women third country nationals that work in establishments considered high risk for trafficking. The previous national action plan against trafficking adopted in 2005 had attracted considerable criticism from national and international reports as most of its provisions were not implemented.

      Scheme offering incentives to hire persons belonging to vulnerable groups: A scheme was launched by the Ministry of Labour entitled “Scheme offering incentives to hire persons belonging to vulnerable groups, which is co-funded by European Social Fund and Republic of Cyprus under the program Employment Human Capital and Social Cohesion 2007-2013”. The scheme aims at supporting ‘vulnerable groups’ to enter the labour market, offering incentives to employers to hire persons from vulnerable groups. The definition of the term includes, inter alia, members of national minorities who require to develop linguistic skills, acquire vocational training or professional experience in order to improve their prospects for access to stable employment, and identified victims of trafficking. The scheme addresses in general all persons belonging to vulnerable social groups over the age of 15 who are Cypriot or EU nationals or third country citizens who reside legally in the Republic and have the right to work and a permanent residence in the area under the control of the Republic for at least 12 months. The scheme comprises of subsiding employers who will hire unemployed persons from the vulnerable groups and of paying travelling expenses to the persons so hired. The subsidy will be provided only for the first year of employment and will amount to 65 per cent of the annual cost to the employer for the employee in question, with a ceiling of 13,000 Euros per person hired. The scheme applies for the period 19.03.2010-30.06.2014. The scheme is funded jointly by the European Social Fund and the Republic of Cyprus and the budget is 3,000,000 Euros.

      Greek language classes: In October 2010 the Ministry of Education and Culture launched a program of free of charge Greek language courses for migrants and non-Greek speakers, to be implemented by the Adult Education Centres. The courses will be available to migrants who live in Cyprus, over the age of 15, regardless of their level of Greek. In order to facilitate all levels, the course will be offered to beginners, for persons that have basic oral and written skills and those who can communicate adequately at speaking and writing level. The programme which is co-financed by the European Social Fund and the Republic of Cyprus, is aimed at preventing social exclusion while at the same time increasing the economically active and employed persons amongst vulnerable groups. The initiative aims at an expansion of the labour market and the promotion of migrants’ social integration and equal opportunities as the language skills they will acquire will make easier their contact with the local population, as well as facilitate access to the labour market and to political and cultural activities. Teachings will take place during the school periods 2010-2011, 2011-2012, 2012-2013, 2013-2010 and 2014-2015, between the months of November and May. They will be offered in small groups of 10 to 15 persons, with the class lasting between 50 to 90 minutes, twice a week. Other than the benefit of learning Greek, no incentives are offered to migrant workers to attend these classes. It should be borne in mind that migrants workers often have to work exhaustively long hours and have little prospect of staying in Cyprus for longer than what their four-year visa prescribes and therefore little interest in learning a language that is spoken only in Greece and Cyprus.

      Groups affected/interested

      • Migrants
      • Refugees

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
  • Housing & Segregation

    There are migrant gettoes in all cities, with substandard accomodation, and instances of homelessness. The Nicosia municipality is evicting migrants from unfit premises but offers them no alternative accomodation. Roma settlements comprise mostly of prefabricated houses in poor state of repair and in remote locations, to appease local hostile comminities.Turkish Cypriots are denied access to their properties until resolution of the Cyprus problem, a matter now for the ECtHR.

    • Is there evidence of significant levels of segregation between migrant groups and the majority population?

      yes

      Data N/a

      Qualitative Info

      There are no available statistics on incidents of discrimination and racism in the area of housing, nor are there any official agencies to which such complaints may be submitted. No such cases were filed before courts or tribunals and no studies have been conducted. However, it is well known that there are 'migrant ghettoes' in every city, usually in the old parts of the cities where the quality of housing is bad and the rents are (relatively) low. These 'ghettoes' accomodate migrants from Asia and Africa and in some cases Pontian Greeks. In 2010, the Nicosia Municipality started to secure eviction orders for commercial premises being used as homes by poor immigrants. The premises are mainly run-down shops and small warehouses in the old part of Nicosia which had remained unoccupied for several years if not decades and were subsequently rented to poor immigrants as cheap housing, many lacking basic amenities such as a toilet and running water, without fire exits and being essentially unfit for human habitation. The Municipality has reported that without kitchen facilities, or even electricity, residents have resorted to cooking in bedrooms with gas stoves, which presents a major fire hazard. The Municipality has conducted no feasibility study and does not know how many shop dwellings there are, or how many residents are staying in these shops. Although the measures are in theory intended to improve living conditions of migrant workers, the measure will inevitably lead some migrants to homelessness and others to share more cramped space in residential apartments with other migrants. No plan has been made by the Municipality regarding the relocation of the persons evicted [P. Dewhurst (2010) ‘Evicted for their own safety, but where can they go? Over crowing looms in old city clear-out” in The Cyprus Mail (16.05.2010) http://www.cyprus-mail.com/features/evicted-safety-where-do-they-go/20100516]. In Pafos, the phenomenon of homelessness started to emerge, affecting EU nationals and mostly Polish men [B. Browne (2009) ‘Shelter plea for Paphos homeless’ in the Cyprus Mail (08.12.2009) http://www.cyprus-mail.com/cyprus/shelter-plea-paphos-homeless].

       

      Groups affected/interested

      • Migrants
      • Africans/black people

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Housing
      • Integration - social cohesion

      External Url http://www.cyprus-mail.com/features/evicted-safety-where-do-they-go/20100516; http://www.cyprus-mail.com/cyprus/shelter-plea-paphos-homeless

      See other countriesSee indicator history
    • What is the ethnic origin of the highly segregated migrant group?

      No such data available

      Qualitative Info

      There is no indication or evidence that one group is more seggregated than the other. The 'migrant ghettoes' accomodate third country nationals from different ethnic/national backgrounds.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of significant levels of segregation between minority groups and the majority population?

      Yes

      Qualitative Info

      Out of the recognised national minorities, only the Roma reside in segregated conditions. There are few studies on the issue, which include the RAXEN  Thematic Study on housing conditions of Roma and Travellers, carried out in March 2009 for the FRA, an Ombudsman's report and references in Council of Europe reports (ECRI, FCNM). The housing offered to the Roma by the state is in  specifically designated settlements comprising of prefabricated houses; Turkish-Cypriot properties vacated by their owners and now administered by the Ministry of Interior; houses which the Welfare Service of the Ministry of Labour and Social Insurance had rented from the private sector before being offered to the Roma.  Although no systematic data is available, it is a fact that the Roma settlements are generally located in in remote areas, sometimes without access to schools (Fourth ECRI report on Cyprus 2011) and with little or no contact with the host population. In the early 2000s, when the locations for the Roma settlements were chosen by the government, efforts were made to appease the local communities by setting up the settlements of prefabricated houses in remote rural areas (RAXEN Thematic study March 2009).

       

       

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing

      External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Cyprus_en.pdf

      See other countriesSee indicator history
    • What is the ethnic origin of the highly segregated minority group?

      Roma.

      Group Roma

      Qualitative Info

      The Roma is the only minority group that is segregated, not only from the majority population but also from the other minority groups. This is partly due to the housing policy followed by the government which provides for free accomodation for the Roma in settlements especially set up for them, usually in remote areas in order to avoid reactions from the local population; and partly due to the fact that the rest of the locals generally do not want to be residing close to the Roma. There is no quantitative data as regards their degree of seggregation. Their remote housing also affects thier access to education, as suggested by various studies and equality body reports [http://www.ombudsman.gov.cy/Ombudsman/ombudsman.nsf/presentationsArchive_gr/presentationsArchive_gr?OpenDocument].

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing

      External Url http://www.ombudsman.gov.cy/Ombudsman/ombudsman.nsf/presentationsArchive_gr/presentationsArchive_gr?OpenDocument

      See other countriesSee indicator history
    • Is there evidence of majority driven segregation ("white flight" phenomenon)?

      No.

      Qualitative Info

       There is no systematic evidence of "white flight". The 'migrant gettos' which are located in the old parts of the city are in most cases almost  exclusively inhabited by migrants, who reside in old, abandoned and derelict premises that were previouisly used as business premises. The very few members of local population residing in these areas are people who cannot afford to live elsewhere. In the case of the Roma, their specially designated settlements are set up in remote areas specifically to avoid protests from the local population and tensions that may escalate. Only one Roma settlement is located in a residential area, in the heart of the city (Limassol); this was claimed by the Roma for historical reasons, as this particular area was the old Turkish quarter, abandoned by its inhabitants in the period of ethnic violence (1964-1974). In addition to the Roma, this particular area now also accomodates many migrants and a small number of locals. Rather than 'white flight', the phenomenon is rather one of gentrification, as 'regeneration programs' often have the effect of essentially evicting the poorer inhabitants who are then forced to look for accomodation in poorer areas.

      Groups affected/interested

      • Migrants
      • Roma & Travelers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of denial of housing/housing rights for certain ethnic groups?

      Yes

      Data N/a

      Qualitative Info

      The housing of the Roma is provided by the state. The 2009 RAXEN Thematic Study for Cyprus on the Housing of Roma and Travellers revealed that the existence of a mixed situation, with some houses in a good state of repair and others in a derelict condition. The location of the Roma housing was more problematic than its habitability, as the designated settlements were purposely set up in remote rural areas to appease hostile local communities. 

      Turkish Cypriot properties is more of a complex issue. In the situation that developed following the 1974 war, the properties left behind by the Turkish Cypriots who moved to the north of the country were placed under the control of the Minister of the Interior, under the  institution of the ‘Guardian of Turkish Cypriot Properties’ which was set up by Law containing Temporary Provisions for the Administration of Turkish Cypriot Properties in the Republic and other related matters N.139/1991. For years the Guardian would deny all Turkish Cypriots the right of use of their properties. In 2004, in the landmark case of Arif Mustafa v. The Republic (Supreme Court of Cyprus Case no.125/2004) the Court recognised the right of the Turkish Cypriot applicant to reside in his home. The applicant had been forced to abandon his property in 1974 as part of the forceful movement of population exercised at the time. Since then, his property was under the control of the Guardian. This right however was restricted to those Turkish Cypriots who reside in the Republic-controlled area (south) for a period not less than six months. Turkish Cypriots who do not ordinarily reside in the south are still denied the right to use their properties.  An amendment to the Guardian Law in 2010 introduced two significant changes. One of these amendments, to be found in Article 3, now entitles the Guardian to lift the ‘protection’ afforded to Turkish Cypriot properties after taking into consideration the circumstances of each case and balance all factors, including whether the Turkish Cypriot owner or his/her heirs or successors in title occupy property belonging to a Greek Cypriot in the north. The provision further states that the following factors shall, inter alia, be counted positively towards the return of the property to its owner:
      (a) when the property came under the control of the Guardian, the owner had his habitual residence abroad where he had travelled to at any time before or after the Turkish invasion of 1974 and the said owner continues to reside there or has returned or is due to return from abroad for permanent settlement in the areas controlled by the Republic;
      (b) after the property came under the control of the Guardian, the Turkish Cypriot owner settled permanently in the south and continues to reside there uninterruptedly;
      (c) the property was the owner’s residence prior to the Turkish invasion and the owner intends to use it again as his residence and to settle in the Republic-controlled areas.

      The wording of the law is such that these criteria are not exhaustive and that the Guardian has a wider discretion to allow the return of a property to its Turkish Cypriot owner. At the same time, the theme that permeates these criteria is a loosely interpreted ‘allegiance’ to the Republic of Cyprus by choosing it as the place for permanent residence. Therefore any decision of the Guardian to return a property to its Turkish Cypriot owner beyond the aforesaid criteria will probably have to be within the spirit of the lawmaker (i.e. contain an element of ‘allegiance’ to the Republic in order to be accepted by the Court. The institution of the Guardian and the denial of the right of use of Turkish Cypriot properties by thier owners are currently being challenged before the ECHR by a number of Turkish Cypriot property owners.

       
      Migrants are also faced with a tough regime as regards securing rented accomodation. A qualitative survey conducted in May 2010 by Insights Market Research in cooperation with the European University of Nicosia on behalf of the Socialist Women’s Movement,[1] which investigated the views and experiences of women from Britain, Bulgaria, Romania, Greece and Pontos living in Cyprus, revealed that Pontian, Bulgarian and Romanian women faced difficulties in securing living accommodation as most landlords did not want to rent to them. One interviewee reported having contacted a landlord who advertised for a flat for rent and as soon as she told him she was from Bulgaria he told her the flat had been rented. She then asked a Cypriot colleague to call the same landlord and the Cypriot colleague was told it was available and she could view it whenever she wanted. Pontian women living in Cyprus also reported facing problems of racism in their neighbourhood and in their children’s schools. Like their Romanian and Bulgarian counterparts, Pontian interviewees also reported difficulties in finding living accommodation. One Pontian woman who had bought a house in Nicosia reported being told by her lady vendor that she (the vendor) had told the neighbours that she (the interviewee) was Greek because “they [the neighbours] did not want Pontians in the neighbourhood.”



      [1] The method used was eight focus groups lasting from 90 minutes to two hours. The results of the survey were presented in a press conference on 04.10.2010.

       

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence that migrant/minority groups face especially serious problems in accessing housing of an acceptable quality?

      Yes

      Data Roma, migrants

      Qualitative Info

      The housing provided by the state  to the Roma is often in a bad state of repair, but it is mostly their remote location that attracts criticisms, as it essentially deprives the Roma of the right to access employment, education, health and other services.

      Migrants residing in the old parts of the cities are often faced with little choice other than to rent accomodation that is unsuitable for human habitation, such as derelict and abandoned business premises without sanitary provisions. In 2010 the Nicosia Municipality launched a plan to vacate those commercial premises which were being used as homes by poor immigrants. The premises were mainly run-down shops and small warehouses in the old part of Nicosia which had remained unoccupied for several years and were subsequently rented to poor immigrants as cheap housing, many lacking basic amenities such as a toilet and running water, without fire exits and being essentially unfit for human habitation. The Municipality had reported that without kitchen facilities, or even electricity, residents have resorted to cooking in bedrooms with gas stoves, which presents a major fire hazard.

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Migrant or minority group which faces especially serious problems in accessing housing of an acceptable quality?

      Although there is no qualitative or quantitative data on this issue, it is generally accepted that the two groups facing problems in accessing housing of acceptable quality are the migrants, especially undeclared migrants and victims of labour trafficking and, to a lesser extent, the Roma.

      Qualitative Info

       There are regular media reports about police raids into rural establishments, in the framework of an effort to crack down on illegal employment, where a number of foreign nationals are located living in shacks, and living conditions are appalling, with the workers forced to live and sleep in squalid, rundown shacks, 12 persons having to share a single sleeping quarters, whereas the lack of space forced some of the workers to sleep outdoors in the fields. The workers, usually from the former ‘Eastern bloc’, are brought to Cyprus under the pretence that they will be given contractual labour, but end up in cramped quarters with no hot water or showers, while receiving maximum €20 a week. (http://www.cyprus-mail.com/cyprus/police-raid-slave-labour-farm/20100901;http://www.cyprus-mail.com/crime/five-day-remand-after-farm-arrest/20100902).

       

      A new law came into force in late 2009 (Law No. 143(I)/2009) amending the basic immigration law, providing that a person who owns, runs or occupies premises and to his knowledge and upon pay or contract allows these premises to be used by an ‘alien’ illegally residing in Cyprus, is guilty of a criminal offence and subject to imprisonment up to 18 months and/or a fine up to 4,000 Euros. Regarding what constitutes ‘knowledge’ that a particular prospective tenant is illegally residing in the country or not, there is a rebuttable presumption that a landlord who has carried out all reasonable and necessary investigations to establish whether a particular prospective tenant is residing lawfully in Cyprus or not, shall be deemed not to have knowledge and is therefore exempted. Regarding rental agreements concluded or renewed prior to the coming into force of this law, the provisions of the new law will apply 12 months after the coming into effect of this present law. The law has attracted criticism from MPs and human rights NGOs that it attempts to turn the average citizen into police spies.

       

      The Roma reside in specially designated settlements, consisting of either prefab housing or in old houses which may or may not have been repaired, in remote locations to avoid upsetting the local population.

       

      Groups affected/interested

      • Migrants
      • Roma & Travelers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?

      yes

      Qualitative Info

       Purchasing is significantly more difficult than renting. No housing loans are available to persons who are not permanently resident in Cyprus. Even if a migrant can provide the purchase price out of personal funds, then a permit from the Council of Ministers is needed. As far as renting is concerned, offering accomodation for rent to undocumented migrants is a criminal offense.

      Even in the case of documented migrants, where accomodation is provided by the employer, there is no mechanism to oversee its quality. Female domestic workers, for instance, who form the largest category of migrant workers, are forced to reside in the home of their employers. Although prior to granting the employer a permit to employ a domestic worker a visit is carried out to the employer's premises to check whether the employer has suitable accomodation available for the domestic worker, no subsequent checks are carried out; there have been repeated complaints by domestic workers that they are forced to sleep on the floor or on a sofa, or share the bedroom with the family's children.

      Even where migrants reside in rented accomodation, their poor bargaining power and fear of deportation prevent them from raising issues as regards the state of repair or condition of the premises rented to them.

      Turkish Cypriots are facing discrimination in the process of purchasing property, as there are legislative provisions (Immovable Property (Temporary Provisions) Law N. 49/1970)  vesting the Director of the Land Registry with discretion to decide as to whether a person is to be allowed to acquire land. Under this provision the Director is given power to “exercise his/her judgement on the basis of the facts whether the acquisition of land may put in danger or by any means affect public security”. If the Director deems that this is the case, he can deny the transfer of the property, unless approval is given by the Interior Minister. In practice this provision has been activated only in the cases of Turkish-Cypriots attempting to acquire or sell land. A complaint against this particular legislative procedure was lodged with the Equality Body in 2010, which decided that the procedure of approval by the Interior Minister of the property transfers to or from Turkish Cypriots amounts to a restriction to the right to property because the completion of the transaction depends on the approval of a third party (the Interior Minister) and is not exclusively dependent upon the will of the contracting parties. The report notes that the procedure applies only when Turkish Cypriots are involved, which is prima facie discriminatory, since individual cases are given different treatment by the law depending on the ethnic origin of the persons involved. The report states that the restriction would have been acceptable had it been objectively and reasonably justified and serving a legitimate aim, which was not the case here; it could not reasonably be claimed that every single property transaction with Turkish Cypriots involves security and public order issues. The equality body report concluded that the implementation of Law 49/1970 has in practice resulted in discriminatory treatment that cannot be justified and therefore called on the authorities to review the question of applying the provisions of this law to all transfers to and from Turkish Cypriots. The equality body’s report is available in Greek at at http://www.ombudsman.gov.cy/Ombudsman/Ombudsman.nsf/All/C84A0549BFBC0CBCC22577A6002678EE/$file/ΑΚΡ6.2010-23.2010-25082010.doc?OpenElement

      [The above procedure applies to Turkish Cypriot properties which were not considered ‘abandoned’ by Turkish Cypriots, as for the latter cases a different regime comes into operation which places these properties under the custodianship of the Interior Minister.]

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Housing

      External Url http://www.ombudsman.gov.cy/Ombudsman/Ombudsman.nsf/All/C84A0549BFBC0CBCC22577A6002678EE/$file/ΑΚΡ6.2010-23.2010-25082010.doc?OpenElement

      See other countriesSee indicator history
    • Affected group with particular difficulties in purchasing or renting property of own choice

      No quantitative or qualitative data is available on restrictions in access to housing. In general, however, it is accepted that access to housing is a problem for the Roma community, for migrants and for the Turkish Cypriots.

      Groups Roma, migrants, Turkish Cypriots

      Qualitative Info

      In the case of the Roma, poverty and unemployment forces them to accept whatever housing is made avaialble to them by the government, in designated Roma settlements often in remote rural locations. Anti-Roma sentiments have made it difficult for the government to secure housing for the Roma in houses or areas beyond the specially designated settlements.

      Migrants also face the predicament of poverty but without any government help. Their low salaries compared with the prices of rentals force them to take on the cheapest possible accomodation which may not even be unsuitable for human habitation. As the average duration of a migrant worker's visa is four years, this does not meet the requirements set by the banks in order to advance housing loans, which are discretionary and may even be withheld where an applicant meets the requirements.

      In the case of Turkish Cypriots, the stringent legislative conditions that regulate their access to their own properties (from which they fled in 1964-1974) have placed the whole issue of access in the hands of the Interior Minister, acting in his capacity as the Guardian of Turkish Cypriot properties. A similar provision exists as regards the purchase of other (i.e. non-Turkish Cypriot) property by Turkish Cypriots: this also depends upon the unfettered discretion of the Interior Minister, whose approval is needed for every  act of transfer of property involving Turkish Cypriots.

      Groups affected/interested

      • Migrants
      • Roma & Travelers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
  • Education

    Romani children face particular problems in education as the system fails to recognise thier special Romani identity and is unable to cater for thier needs, leading to high drop out rates and poor attainment. The housing seggregation of the Roma leads to school seggregation, as children have to attend the school that is closest to their residence. The comprehensive educational reform currently under way is gradually modifying the school curricula to render them multicultural. 

    • Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?

      Yes

      Data n/a

      Qualitative Info

      Particular problems are faced by the Romani children, who attend mainstream schools but often do not speak Greek. An Equality body investigation in 2011 revealed that their Roma identity was completely disregarded in the educational system. The position of the Ministry of Education was that Roma do not constitute a separate ethnic group but belong to the Turkish Cypriot community and thus enjoy all rights deriving from their identity as citizens of the Republic and as members of the Turkish Cypriot community.  In the frame of its investigation, the Equality Body visited the 18th Elementary School of Limassol, where there is a great concentration of Roma children due to its proximity to a Roma settlement; in this school 35 out of a total of 85 students, are native Turkish speakers and mostly Roma. The school was classified as part of the Educational Priority Zone[1]and offered classes in Greek and in Turkish and classes of Turkish history and religion, taught by Turkish Cypriot teachers. A Turkologist assigned to the school told the Equality Body officer visiting that the students only know a few words of Kurbetcha and that there had been no request for the teaching of Kurbetcha either by the students themselves or the UN or the European Union, representations of whom often visit the school. The school headmaster told the Equality Body officer that there were specific problems regarding the integration of the Roma children in the school, which include the fact that they have difficulties in staying within one room for a long time, they view the school as a game and they tend to leave school before completion, particularly the girls the majority of whom do not enroll into secondary education.

      The report concluded that educational policy as regards the Roma in Cyprus did not sufficiently take into account the fact that, in addition to Turkish Cypriots, the Roma also have their own special identity, urging the Ministry of Education to intensify its efforts in adopting policies that will address the special characteristics of the Roma, to promote their separate culture and reduce drop out and leaving rates.



      [1] This is an institution covering schools in areas which are economically and socially downgraded and is aimed at offering special programs towards the smooth socialisation of the students. Schools which are classified as Educational Priority Zone benefit from a number of measures such as the reduction of the number of students per class, support teaching, free breakfast and other measures adopted in collaboration with the local communities.

       

      Groups affected/interested

      • Roma & Travelers
      • Muslims

      Type (R/D)

      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Education

      External Url http://www.ombudsman.gov.cy/Ombudsman/ombudsman.nsf/presentationsArchive_gr/presentationsArchive_gr?OpenDocument

      See other countriesSee indicator history
    • Practical obstacles and evidence of problems and differential enrollment rates for migrants?

      Yes

      Data n/a

      Qualitative Info

      There are several studies documenting the problems facing migrant children in education, particularly as regards language, the lack of any teaching as regards their own culture, language, religion etc and in general the monolithic ethnocentric character of education. Children of undocumented migrants face particular problems in enrolling at schools, as tight immigration control policies seeking to check the legality of the parents' stay result in discouraging the children from enrolling at schools.  In May 2010 the Equality Body received a complaint that schools refuse to enrol students whose parents have no residence permit in Cyprus. A similar complaint had been submitted also in 2004 by a former MP, which had prompted an investigation by the Equality Body at the time, resulting in a report recommending the withdrawal of the circular from the Ministry of Education requiring school authorities to demand the contact details of the parents in order to enrol foreign children at schools. The circular under review was based on a request from the immigration authorities that all schools should record the contact details of the parents of foreign children in order to investigate whether they are lawfully residing in Cyprus. Therefore although the circular did not expressly prohibit the enrolment of children of undocumented migrants, in practice it inevitably discouraged undocumented migrants from enrolling their children at school for fear of deportation, thus leading to social exclusion and restricting free access of these children to education, in violation of the principle that migrant children are entitled to equal treatment in education as Cypriot children irrespective of the legality of their parents’ stay. The Equality Body’s recommendation of 2005 to withdraw this circular was rejected by the Council of Ministers alleging that the control of irregular migration affects the protection of the sovereign rights of the Republic which are paramount. A year later (i.e. in 2006), the Equality Body raised the matter again, following deliberations in the Human Rights Parliamentary Committee and the publication of the Third ECRI Report on Cyprus, which criticised this circular and requested the authorities to ensure that all children have access to education, urging that the Equality Body’s recommendation as to the withdrawal of the circular be adopted. In 2007, the Attorney General advised that the Equality Body’s mandate as regards investigation, recommendations etc may be exercised in relation to Ministers but not in connection with the Council of Ministers, essentially rejecting the Equality Body’s involvement in this affair. Through NGO complaints about the continued practice of the school authorities to request the contact details of the parents of foreign children, the Equality Body decided to intervene again and launched a renewed investigation, asking the Ministry of Education to declare its position. The Permanent Secretary of the Ministry of Education confirmed the continued application of the circular but expressed her willingness to review the matter in light of the criticism received by ECRI. In its conclusions, the Equality Body Report (dated 06.09.2011) confirms the state’s obligation to guarantee the right to education to all students irrespective of nationality and of their residence status, which means that the authorities must take measures to create opportunities and the possibility for all children to enjoy their rights, adding that the measure of instructing the schools to enroll all children irrespective of residence status is rendered ineffective as a result of the application of the circular which reasonably discourages undocumented migrants from enrolling their children, leading to phenomena of the children’s social exclusion and their potential exploitation. The report adds that the control of irregular migration and generally immigration issues, which fall within the competency of the Ministry of Interior, should not be confused with educational policies which must be applied by the Ministry of Education, emphasizing that the situation must be reviewed in light of the criticisms from ECRI.

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Xenophobia

      Key socio-economic / Institutional Areas

      • Education

      External Url http://www.ombudsman.gov.cy/Ombudsman/ombudsman.nsf/presentationsArchive_gr/presentationsArchive_gr?OpenDocument

      See other countriesSee indicator history
    • Poorer educational performance by certain groups?

      Yes

      Data n/a

      Qualitative Info

      Although no quantitative data is available, it is generally accepted that the Romani children have the highest rate of dropout and the poorest educational attainment. This has improved over the years as a result of measures adopted in the framework of the Educational Priority Zones. However, studies show that although non-attendance of the Romani children has been significantly reduced, their educational attainment remains low, largely as a result of the fact that the syllabus and educational methods used are not adapted to their needs. As a result, it is questionable whether the skills and knowledge acquired can offer them the tools to assist them with their social and labour integration and employment. Hence the levels of unemployment remain extremely high amongst the Roma including those Roma who have attended schools.

      Other non-Greek speakers also face problems at school but of a lesser extent than the Romani children. Research suggests that the socioeconomic and class position of the parents is crucial in the children's educational attainment, therefore the children of poorer migrants tend to perform worse than children whose parents are more affluent or in a superior class position, irrespective of national origin. An additional aggravating factor is the existence of a racialised social and ideological hierarchy which inevitably impacts upon the children's educational attainment. Research shows that, within the schooling system, racialised knowledge, expectations  and attitudes can be reinforced and perpetuated, despite declared policies to the contrary, particularly in the context of a failure to address racial violence which is branded as mere delinquent behaviour.

      Groups affected/interested

      • Migrants
      • Roma & Travelers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Problems with educational attainement by certain groups (drop out - fragmentation of educational experience)?

      No information

      Data n/a

      Qualitative Info

      No conclusions can be drawn in the absence of systematic data. The group that is often connected with drop out is the Roma, but there is no evidence as to how many of them, if any, drop out and then return to school or how this affects their educational perfomance. In Cyprus one of the measures adopted to encourage school attendance at the schools with a large Roma school population  is to offer free meals to school children. Teachers report that this measure has to a certain extent rendered positive results, although the Roma continue to be at risk of dropping out.

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Are there positive initiatives to improve/support poor educational provision for migrant and minority groups?

      YES

      Qualitative Info

       

      ZONES OF EDUCATIONAL PRIORITY: In 2003, the Ministry of Education introduced for the first time the institution of the ‘Zones of Educational Priority’ known as ‘ZEP’ in an effort to assist specific schools facing problems to improve educational performance. ZEP was formed under the proposition of MOEPASE (Standing Working Committee for the enhancement of Alphabetisement and School Success) – «Plan of Educational Reform for the Success of All Children» and in cooperation with the Psychology Educational Service of the Ministry. ZEP is founded on the principle of identifying the causes of the various problems that individual  schools are facing and establishing actions towards long term improvement aiming at adaptating school objectives to the needs of the children in the region and reduce school failure and illiteracy. Initially, the ZEP policy was introduced during school year 2003-04 in two areas of Cyprus, Faneromeni in Nicosia and Agios Antonios in Limassol. On September 2004 was introduced in the Theoskepasti area of Pafos and on September 2008 at the Faneromeni area in Larnaka. For the academic year 2010-11 the project received EU funding through the European Social Funds; as a result a fifth ZEP was introduced in the East side of Limassol. Each ZEP costs more than 400,000 Euros for supporting personnel action, reduction of number of students in the classroom and equipment. All ZEP areas are formed from schools with a multicultural student population that varies from a percentage of 25 percent in Larnaca and reaching the 65 percent in Nicosia. Students in ZEP schools around Cyprus come from a total number of 30 Countries. [http://www2.cytanet.com.cy/fanerom-dim/zep/html/ie_aead_ooci_eydni.htm]

      The data compiled by the Ministry of Education for the purposes of the National Report on Strategies for Social Protection and Social Inclusion 2006-2008 (http://ec.europa.eu/employment_social/spsi/docs/social_inclusion/2008/nap/cyprus_en.pdf) illustrates that the pilot operation of the Educational Priority Zones had positive results for local communities, including the Roma community residing there:

      1.  In the school units covered by EPZs there has been a reduction of pupil drop-outs, of school failure (referrals and failures) and of referrals to the Educational Psychology Service, as well as improvement of school success.
      2. Support of the foreign language speaking pupils has led to increasing their entry into the educational system of Cyprus, to reducing the number of drop-outs and to improving their performance.
      3. Increase of school presence and of the proportion of enrolment and attendance of Roma pupils.

      ROMA EDUCATIONAL POLICIES: In spite of the above measures, an Equality Body report based on a complaint regarding the adequacy of measures for the support and integration of Roma children in the educational system, concluded that educational policy as regards the Roma in Cyprus did not sufficiently take into account the fact that, in addition to Turkish Cypriots, the Roma also have their own special identify, urging the Ministry of Education to intensify its efforts in adopting policies that will address the special characteristics of the Roma, to promote their separate culture and reduce drop out and leaving rates. The report criticized the authorities for not actively involving the members of the Roma community in a dialogue on the design and implementation of teaching methods and programs, pointing out that teaching methods must be adapted to the special characteristics of the Roma such as their difficulty to be confined in a closed space for a long time and the increased absences due to the frequent movement of their parents from one area to the other. Report dated 27.09.2011, available in Greek at http://www.ombudsman.gov.cy/Ombudsman/ombudsman.nsf/presentationsArchive_gr/presentationsArchive_gr?OpenDocument.

       CIRCULAR ON ENROLLING MIGRANT CHILDREN: Another serious setback in educational policies is a circular issued from the Ministry of Education to all schools instructing them to request all foreign parents applying to enrol their children to schools to reveal their contact details in order for the immigration authoirities to investigate whether they are lawfully residing in Cyprus, a practice that has attracked criticism from ECRI and left wing politicians. On more than one occasion, the Equality Body criticized this policy; in response, the Ministry argued that it had never prohibited the enrolment of the children as such, but merely requested the parents to provide their contact details. In its latest report on this matter, dated 06.09.2011, the Equality Body required of  the authorities to cancel the said policy and take measures to create opportunities and the possibility for all children to enjoy their rights, adding that the measure of instructing the schools to enroll all children irrespective of residence status is rendered ineffective as a result of the application of the circular which reasonably discourages undocumented migrants from enrolling their children, leading to phenomena of the children’s social exclusion and their potential exploitation (http://www.ombudsman.gov.cy/Ombudsman/ombudsman.nsf/presentationsArchive_gr/presentationsArchive_gr?OpenDocument)

       

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/ romaphobia

      Key socio-economic / Institutional Areas

      • Education
      • Culture

      External Url http://www2.cytanet.com.cy/fanerom-dim/zep/html/ie_aead_ooci_eydni.htm;http://ec.europa.eu/employment_social/spsi/docs/social_inclusion/2008/nap/cyprus_en.pdf; http://www.ombudsman.gov.cy/Ombudsman/ombudsman.nsf/presentationsArchive_gr/presentationsArchi

      See other countriesSee indicator history
    • Victimisation in schools (bullying/harassment/racist violence) ?

      yes

      Qualitative Info

      In its Fourth Report on Cyprus in 2011, ECRI expressed concern about evidence of a marked increase in racist bullying in schools and among pupils, noting that in 2008 two complaints were filed with the Equality Body for repeated incidents of racist vandalism and graffiti on school walls creating a threatening atmosphere for vulnerable groups and for a 13 year old migrant girl who stopped attending school because of racist bullying. In neither case did the school take any action but downplayed the events as delinquent behaviour. In its report, the Equality Body criticised the unwillingness of the authorities to identify and tackle incidents of racism in schools and recommended the immediate setting up of a mechanism to record, evaluate and monitor such incidents in schools. Shortly afterwards the Ministry of Education created an Observatory against Violence to record and analyse episodes of violence in schools (covering all kinds of violence, not just racist violence) and separately record and assess all incidents with a racist and xenophobic content. Although the mechanism was set up, it still has not recorded any data. A private initiative undertaken by teachers at the bi-communal English School in Nicosia also involved the setting up of a mechanism to record bullying, including racist bullying. The mechanism is working but does not publicise its data, in an effort to intervene and address the problems in an educationally sound manner. The English School is the first school to adopt an anti-bullying policy in the year 2009-10, including bullying related to race or ethnicity. Research conducted under DAPHNE projects has indicated that as many as 1 in 5 school children in Cyprus have been victims of bullying at  school, but the data is not aggregated into types of bullying (racist or other type).

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Provision of option to learn mother language other than the majority's

      yes

      Qualitative Info

      In the schools with a high concentration of Turkish speaking school children (the term includes Romani children) Turkish language classes are offered. Outside school hours, the Ministry of Education offers free of charge language classes in several languages, but the classes are not specifically designed to address the needs of migrant children.

      Groups affected/interested

      • Migrants
      • Roma & Travelers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Evidence of school segregation and/or policies of separate/distinct schooling of migrants

      yes

      Qualitative Info

      The general policy of the Ministry of Education is declared to be countering segregation. Nevertheless, segregation does exist partly because children are obliged to attend schools in their area of residence, and therefore where there is segregation and concentration of migrant and certain ethnic groups in certain areas, children from the Roma settlements or from the migrant 'ghettoised' areas attend the school close to their homes. This is accentuated due to the fact that children of the Greek-Cypriot population often do not enrol at the schools of their area of residence if there are too many migrants enrolled there.

      According to some scholars,[1] the Ministry of Education’s focus on offering Greek language classes to migrant children and its lexical choice of the term ‘other-language’ [αλλόγλωσσοι – alloglossoi], used interchangeably in official policy texts with ‘alien’ [αλλοδαποί – allodapoi], ‘foreigners’ [ξένοι – xenoi], ignoring other aspects of their identities, create and maintain particular everyday ideologies and popular conceptualisations of migrant or Romani children which enhance segregation, at least on a discursive level, on the basis of their language. The practice of placing newly-arrived migrant students in mainstream classrooms a year lower than their age level, inevitably excludes them from their peers. Similarly, the practice of removing them from the classrooms for language support lessons normalises their marginalization.[2]

      One of the goals of educational reform is remove these barriers to migrant children. The school curricula, the teaching schedules and priorities were revised in the framework of the educational reform and the new programme was firstly introduced in pilot programmes in 2010-2011 and will be fully implemented during 20011-2012 and 2012-2013. No study has been carried out on the situation after the new curricula were implemented.

       



      [1] Zembylas, M. (2010) “Critical discourse analysis of educational policy of multiculturalism and intercultural education policy in the Republic of Cyprus”, The Cyprus Review, 22(1), pp. 39-59.

      [2] Gregoriou, Z. (2008). Policy Analysis Report: Cyprus (WP3) available at http://www.gemic.eu/wp-content/uploads/2009/04/cyprus-wp3.pdf: GeMIC: Gender - Migration - Intercultural Interaction in South-East Europe.

       

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Linguistic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Evidence of school segregation and/or policies of separate/distinct schooling of minorities

      yes

      Qualitative Info

      As in the case of migrants, despite the Ministry of Education's effort to counter seggregation, the housing condition of the Roma and thier residential concentration in specific areas inevitably means that Romani children attend specific schools in large numbers. This can lead Greek Cypriot parents to enrol their children in other schools, although there are also examples of schools where Romani and Greek Cypriot school children are attending the same school with little or no tensions, which were, to a large extent ironed out over the years. As an indication of the tensions which existed until recently, in September 2005, the parents’ association of a school in Paphos which was attended by large numbers of Roma, closed the school down, demanding that the Education Ministry suspend the Romani pupils’ attendance to the school until they received confirmation that none of them suffered from hepatitis (following some hepatitis incidents in a nearby village three months earlier). Out of a total of 341 pupils attending this particular school, 120 were non-Cypriots and 18 were Roma. The parents’ association, protesting at the large number of Roma in this school, demanded that the Roma pupils also be dispersed to other schools in the region. Overall, the authorities expressed disagreement over the parents’ action and gave their assurance over the health and sanitary safety of the school. However, they did nothing to prevent the closure of the school by the parents or to support and protect the Roma pupils from this outburst. Whilst the authorities called on the parents to terminate the closure of the school and to enter into a dialogue with them on how to solve the problem, they conformed to the parents’ demands to submit the Roma pupils, as well as the residents of a Roma settlement in neighbouring Makounda, to blood tests to establish whether any of them suffered from hepatitis. In an effort to appease the parents, the Paphos District Officer convinced a seven-member Roma family residing in the Roma settlement of the neighbouring Makounda, some of whose members had suffered from hepatitis but had successfully been treated, to move back to the village they had come from, and resettle into a home that had recently been restored. On 26 September 2005, the parents agreed to allow the school to re-open but only on the condition that Roma pupils would not attend the school. The Minister of Education succumbed to this request. On 28 September, the blood tests showed that none of the Roma pupils suffered from hepatitis and were thus allowed to return to their school. The Ombudsman started to investigate this incident, but decided to discontinue with the case, claiming that the problem had already been resolved.

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
  • Health And Social Protection

    ECRI records racist and xenophobic tendencies in the health care system. Cypriots with medium-low income receive free health care but poor migrants are asked to pay. The equality body recorded lack of sensitivity of health practitioners in handling cultural differences. Under pressure from xenophobic circles, who allege that asylum seekers are abusing the system, benefits to asylum seekers will change from cash allowance to coupons and services, etc.

    • Is there evidence of increased morbidity rates for minority and migrant groups?

      No

      Data No quantitative data

      Qualitative Info

      There is no such evidence. However, an Ombudsman investigation revealed that migrants fall victims to industrial accidents, and paritcularly fatal industrial accidents more often than Cypriot workers, as they are assigned to unsafe tasks and are often invisible to the labour office health and safety inspections. The relevant ombudsman report (dated  4 January 2012, ref. A/P 351/2011) shows that in 2010, 19.4% of victims of industrial accidents were EU citizens and 5,2% were third country nationals; also migrants were 11 out of 20 victims of fatal industrial accidents, which indicates that the rate of migrants falling victims to unsafe and unhealthy working environments is probably much higher, as many such accidents and especially those involving undocumented migrants, go unreported.

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Type (R/D)

      • Xenophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Health and social protection
      See other countriesSee indicator history
    • Is there evidence of increased mortality rates for minority and migrant groups?

      No

      Qualitative Info

      There are no such statistics

      Groups affected/interested

      • Migrants
      • Refugees
      • Ethnic minorities
      • Religious minorities
      • Asylum seekers

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Is there evidence of forced heatlhcare/intervention practices to minorities?

      No

      Qualitative Info

      No there is no such evidence

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Specific health issues such as diseases specific to particular groups

      No

      Data No quantitative data available

      Qualitative Info

      Although it is generally known that several diseases relating to malnutrition are common amongs migrants, particularly undocumented migrants, there is no evidence or study producing statistical or numerical evidence.

      In September 2010 a Congolese diabetic asylum seeker was found dead in his hotel room, where he lived for the past six years.  In the last months prior to his death his welfare subsidy had been discontinued and he had no money for his rent, his medication or for food. A migrant support NGO he had contacted prior to his death told the press that in the last weeks before his death he had to beg for food and that a doctor had condirmed that diabetics on insuline may fall into coma if not fed properly. Upon his arrival in Cyprus in 2005 he had repeatedly tried to file an asylum application but the police had sent him away. His asylum application was pending for five years during which he was interviewed 2-3 times by the Asylum Service.  The migrant support NGO stated that six months prior to his death, the Social Welfare Services and the Department of Labour had been debating as to who is responsible for the problem of welfare subsidies to asylum seekers who cannot work in the agricultural sector but could not reach an agreement.

      Groups affected/interested

      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection

      External Url http://www.cyprus-mail.com/cyprus/probe-asylum-seeker-s-death/20100915

      See other countriesSee indicator history
    • Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?

      Yes

      Data N/a

      Qualitative Info

      Under pressure from right wing circles to reduce the benefits to asylum seekers, the Ministry of Labour has recently proposed a new legislation restricting state allowances to asylum seekers, by replacing state cash allowance with in-kind provisions and benefits.  The bill has not yet been publicized or circulated for consultation. Media articles record that the bill proposes to offer asylum seekers the following in lieu of cash allowances.

      1. Accommodation/housing in especially designated centres within the community.
      2. Food, clothing, hygiene products and other essentials will be given in the form of coupons or in kind.
      3. Health care will be provided as a service in the same way as for Cypriots.
      4. Free travel cards for buses and other public transport.
      5. Small allowances to cover personal micro-expenses.
      6. The centres will be staffed with qualified non-governmental personnel and from voluntary organisations that will provide specialized services to assist integration in the society.

      The proposal aims to address debates and concerns raised by right wing MPs belonging to the ‘centrist’ DIKO party, who had previously tabled a proposal to reduce the amount of state benefits received by asylum seekers claiming that the latter receive “massive funds” from the state which are “higher than those received by Cypriots”, enabling them to buy “luxury cars” and use the services of expensive private clinics.

      A survey carried out in 2011 by the UNHCR regarding asylum seekers in Cyprus found that out of the thousands living on the island, only hundreds actually receive state benefits.Those who did receive benefits endured long delays in processing of their applications, long delays in payment, delays in subsequent payments and discrepancies in the amounts they received. UNHCR found that many people who applied at the Social Welfare for public assistance had given up because they were told to leave and to look for a job, even though the Labour Office could not provide them with one. From those surveyed, the UNHCR found that the required home visit by welfare officials to an asylum seeker’s place of residence usually took between one and three months but over 12 per cent took longer. After the home visit, it then took over four months in one fifth of cases to receive the allowance, and after that, delays in receiving it regularly. When it came to subsequent payments over 32 per cent said they had to visit the welfare office between three and five times before they got paid again, over 15 per cent had to visit between six and ten times, 8.5 per cent had to go between 11 and 20 times and ten per cent over 20 times.

      In September 2010 a Congolese diabetic asylum seeker was found dead in his hotel room, where he lived for six years.  In the last months prior to his death his welfare subsidy had been discontinued and he had no money for his rent, his medication or for food. A migrant support NGO he had contacted prior to his death told the press that in the last weeks before his death he had to beg for food and that a doctor had confirmed that diabetics on insulin may fall into coma if not fed properly. Upon his arrival in Cyprus in 2005 he had repeatedly tried to file an asylum application but the police had sent him away. His asylum application was pending for five years during which he was interviewed 2-3 times by the Asylum Service.  The migrant support NGO stated that six months prior to his death, the Social Welfare Services and the Department of Labour had been debating as to who is responsible for the problem of welfare subsidies to asylum seekers who cannot work in the agricultural sector but could not reach an agreement.

      The Fourth ECRI report on Cyprus published in 2011 records racist and xenophobic tendencies in the healthcare system. The report states that language barriers sometimes complicate access to healthcare for foreigners, quoting the 2010 FRA Annual Report which recorded that treating patients in minority languages proved to be problematic and that in some hospitals medical personnel refused services to patients who were not able to communicate in Greek. ECRI further notes that although healthcare is free of charge for those whose salaries are below a certain threshold, it is standard policy to refuse migrants free healthcare even if their salary is below that threshold. Also, asylum seekers and refugees are consistently refused special treatment abroad when the medical treatment or procedure required cannot be provided in Cyprus.

       

       

       

      Groups affected/interested

      • Migrants
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection

      External Url http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/Cyprus/CYP-CbC-IV-2011-020-ENG.pdf; http://www.cyprusupdates.com/2011/04/change-of-plans-regarding-asylum-seekers-in-cyprus ; http://www.cyprusedirectory.com/articleview.aspx?ID=18956

      See other countriesSee indicator history
    • Do migrants have a higher risk of poverty than the rest of the population?

      Yes

      Data N/a

      Qualitative Info

      The income of most migrants is only a fraction of the income of Greek Cypriots. With the inflation pushing prices upwards, migrants are facing a real risk of poverty. There have been several instances reported in the press where (undocumented) migrants worked without a salary and only in exchange for food and shelter [E.Hazou (2010) “Police raid slave labour farm” in the Cyprus Mail 01.09.2010 http://www.cyprus-mail.com/cyprus/police-raid-slave-labour-farm/20100901 (06.10.2010)]. Migrants who lose their jobs must leave the country. Those who decide to stay immediately become undocumented, thus facing the predicament of no guarantee for their salary and no social protection.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Housing
      • Health and social protection
      • Daily life
      See other countriesSee indicator history
    • Is there evidence that migrant or minority women are particularly vulnerable in accessing and receiving effective health care services?

      yes

      Data N/a

      Qualitative Info

      There is no systematic data on women’s access to healthcare, but evidence suggests that female migrants are in a more vulnerable position than male migrants. A 2008 report entitled Migrant Female Domestic Workers in Cyprus: An assessment of their sexual and reproductive health (released on 11.04.2008 by the Technological University of Cyprus -TEPAK) found that whilst 52.5% of the sample was sexually active, 85% did not use protection, some have had unwanted pregnancies ending in abortions, some have been sexually abused by their employers, 45% do not know if they have a health insurance and what it comprises of, and describe difficulties in accessing public services where they have experienced discrimination and humiliation by service providers where were not culturally sensitive.

      In 2010 the equality body published a survey conducted in February 2010 using a sample of 1,702 migrant women through the method of personal interviews. The findings established that vast majority of interviewees did not know where to apply to seek assistance in case of sexual harassment, or physical abuse and that 14 per cent were sexually harassed, 12 per cent were physically abused by their employer, 6 per cent were sexually exploited and 4 per cent were raped by their employer.

      In May 2010 several articles in the press described the incident of a female Philipino domestic worker mother who was forced to give up her newborn baby for adoption or face deportation, because her employer did not want to keep her after she had her baby. The woman had spent the last nine and a half years in Cyprus working legally as a domestic helper. As such she was entitled to apply for Cypriot citizenship or acquire the status of a long-term resident, rights that she was never informed of. After giving birth, her employer said she would end her employment if she kept the baby, leading immigration to arrest the woman on 10.05.2010 during a visit to the Limassol welfare services. On 14.05.2010 and against the wishes of the father, deportation orders were ready to be executed against mother and child, but postponed last minute following an intervention by a migrant support NGO. The NGO stated that the welfare services had failed the family by effectively leaving the parents with two options after giving birth: give the child up for adoption or leave the country. The NGO added that deportation is illegal because, since the couple do not want to give up the child for adoption and the mother is in detention, the father is the legal guardian; therefore the execution of the deportation order would mean that they will be sending the child out of the country without the guardian’s consent. The woman never told her long-term employer that she was pregnant in fear that she would lose her job. When the woman gave birth to a premature underweight baby, the doctor on duty explained to the parents that the baby would need weeks of medical care at Makarios, costing €400 a day and suggested that the couple put the baby up for adoption if they cannot afford to look after her (K. Toumbourou (2010) “Welfare: you’ll get your baby back if you agree to leave Cyprus” in the Cyprus Mail (14.05.2010); S. Evripidou (2010) “Family torn apart by welfare and immigration services” in the Cyprus Mail (22.05.2010), http://www.cyprus-mail.com/cyprus/family-torn-apart-welfare-and-immigration-services/20100522)

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Are there policies and/or good practices accomodating culture/ traditions' respect in health care

      No

      Qualitative Info

      There are no such practices in place. In previous years, the equality body had investigated a complaint from the family of a deceased person who had refused life saving blood transfusion for reasons of religious conviction and criticised the lack of sensitiviy with which hospital handled this case.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Asylum seekers

      Type (R/D)

      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
  • Political & Civic Participation

    Only EU nationals can vote in local elections. The Constitution provides for power sharing between ‘Greeks’ and ‘Turks’, but a constitutional crisis in 1963 forced the Turkish Cypriots to withdraw from governance. Citizenship acquisition is based on both ius soli and ius sanguinis but the latter is more important. Children whose one parent entered/resides in Cyprus unlawfully, do not automatically become citizens even if the other parent is Cypriot.

    • Outreach - encourage participation - Practical obstacles or problems for migrants in exercising their right to vote

      Only EU nationals have the right to vote in municipal elections.

      Qualitative Info

      Third country nationals do not have the right to vote or be elected at any level. Only EU nationals have this right. Initially, when the law establishing the right of EU  nationals to vote and stand for election was introduced in 2004  (Law on the Exercise of the Right to Vote and be Elected at Municipal and Local Elections by Nationals of Other Member States Residing in the Republic N. 98(I)2004) there were complaints that the persons affected were not given guidance on the procedure they had to follow in order to be allowed to vote (they were not informed that they had to register in electoral lists). This problem was fixed the following year and now EU nationals can vote or be elected in municipal elections without any known obstacles.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Political participation
      See other countriesSee indicator history
  • Public Life, Culture, Sport & Media

     ECRI and other reports point out that media has played a negative role in stirring up racial hatred. Migrants working as football professionals suffer serious racist abuse by fans at the football ground, as sports authorities turn a blind eye in an effort “not to provoke the fans”. Far right groups are using football clubs to recruit young members. Turkish Cypriot fans and Turkish players have been attacked by nationalist mob at the pitch.

    • Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?

      No.

      Qualitative Info

      Self-identification does not entitle a group of recognition as a minority. The government of Cyprus recognises minority rights under the FCNM only to the three religious groups recognised by the Constitution (Armenians, Latins, Maronites) and recently (in 2009) recognition was extended to the Roma (Comments of the government of Cyprus on the Third opinion of the Advisory committee on the implementation of the Framework Convention for the Protection of National Minorities by Cyprus (received on 8 October 2010).

      Groups affected/interested

      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority

      Type (R/D)

      • Anti-migrant/xenophobia
      • Islamophobia

      Key socio-economic / Institutional Areas

      • Daily life
      • Religion

      External Url http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/PDF_3rd_Com_Cyprus_en.pdf

      See other countriesSee indicator history
    • Association: are there restrictions of the freedom of peaceful assembly, and freedom of association for migrants

      No

      Data Most nationalities have their own organisations. No quantitative data available as to their size.

      Qualitative Info

      There are no such restrictions in place. However, the regular stop and search practices of he police (code named as "operation sweep") mean that all migrants can be arrested and driven to the police station for the purpose of having the legality of his/her day checked, even though they have not committed an arrestable offense.

      Groups affected/interested

      • Migrants
      • Refugees

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Daily life
      See other countriesSee indicator history
    • Association: are there restrictions of the of the freedom of peaceful assembly, and freedom of association for minorities

      No

      Qualitative Info

      There are no such restrictions in place.

      Groups affected/interested

      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities

      Key socio-economic / Institutional Areas

      • Daily life
      See other countriesSee indicator history
    • Religion: Persons belonging to minorities face legal and practical obstacles in exercising or manifesting their religion or belief?

      Yes

      Qualitative Info

       Although religious freedom is generally respected, there are policies and practices that generate discrimination, as they place obstacles in the exercise of religions other than the mainstream religion (Christian orthodox).

      In the field of education, children in public primary and secondary schools are required to take instruction in the Greek Orthodox religion. Primary school students of other religions may be exempted from attending religious services and instruction at the request of their guardians. Students in secondary education may be exempted from religious instruction on grounds of religion or conscience and may be exempted from attending religious services on any grounds at the request of their guardians, or their own, if they are over the age of 16. But there are problems, often highlighted in repeated reports of the equality body: no exemptions are foreseen from religious celebrations and no alternative teaching or other creative activity is offered to the children exempted for the duration of the religious instruction class.  Students occasionally suffered negative reactions from teachers and fellow students when taking advantage of the exemption from religious instruction. Those children from religions other than Christian orthodoxy who chose to stay in the classroom during the religious class could well hear from the teacher insulting comments about their religion. In October 2010 the Ombudsman's Office issued a report addressing religious exemptions in school, a result of a complaint previously filed with the office. In the complaint, the parents of a 13-year old Jehovah's Witness student said the school delayed their child's exemption from religious instruction for several months and, when the student was finally excused from religious instruction, the school did not make arrangements for the student to engage in supervised school activities during the time of religious instruction class, as required by the regulation. Also, the child was not exempted from attending school performances containing religious content. The investigation concluded that there were gaps and omissions in the implementation of the exemption procedure. In September 2011 another equality body report highlighted the problematic practice of priests visiting schools in order to conduct confessions. The procedure involved the students being notified in advance of the priest’s visit, who are then requested to enroll without informing or securing the parents’ consent; then the students go to a church within the school or to another designated place during school time and under the supervision of the school staff and confess to the priest. The report concluded that this “school sanctioned” procedure nullifies the allegation of “free will”amongst the students to decide if they want to confess or not and creates tensions for those children who do not want to confess to the orthodox priest.   

      The Ministry of Interior’s 2011 budget provides €814,300 for the conservation of 17 mosques and other Islamic places of worship in the government-controlled area. The Department of Antiquities budget for the year for the conservation of the 17 mosques, which are considered historical monuments, was €32,500 plus labour costs. Of the 17 mosques, only eight were open for public use, despite increased demand caused by rising numbers of Muslim asylum seekers, migrant workers, and students.

      Over the years, the Buddhist community faced difficulties finding a site for a permanent temple in Nicosia due to an inability to obtain necessary permits from local municipalities. The group purchased land in the countryside to construct a new temple after a Nicosia municipal official threatened to close any unauthorized Buddhist temples; however, only 6 percent of the land can be used to build habitable structures and the group is seeking a variance from the regulation. In the meantime, the community was using a meditation center in Nicosia as a temple. In the past, the Buddhist community had reported disturbances by local police, which however appear to have phased out.

      The Bahai community faces difficulty burying its dead, since cemeteries generally exist only for recognized religious groups. As a result, Bahai burials take place in cemeteries for foreign residents used by other denominations.

      The Jewish community is not supplied with a water source for its cemetery from the Larnaca municipality; the lack of water makes it difficult for the community to perform traditional cleansing after burials. They reported that the government was unresponsive to repeated requests to locate suitable land for the construction of a synagogue; consequently, religious services are held in a private residence.

      Several religious groups reported difficulties obtaining visas and residency permits from the government for clergy and student volunteers from countries outside the European Union. Applications and renewals were not processed in a timely manner, and some groups reported that members were thus forced to leave the country rather than risk being blacklisted for staying in the country illegally.

      Conscientious objectors, including religious ones, are exempt from active military duty; however, they are legally required to complete an alternative military service and perform reservist duty in the Greek Cypriot National Guard. During the previous reporting period, the Ombudsman's Office investigated complaints from some conscientious objectors about the procedures used by the government to confirm their conscientious objector status and eligibility for alternative military service. The legislative duration of alternative service for conscientious objectors is longer than military service, rendering it a punitive measure.

      During the military swearing-in ceremony, Orthodox clergy lead a common prayer; while recruits may be excused from taking part in the prayer, minority religious groups reported that this option was rarely used, because recruits did not want to bring negative attention to themselves.

      There are regular vandalisations of mosques especially in the course of or shortly after far-right mobilizations. On 05.11.2010 the Larnaca mosque was vandalized following clashes between anti-racists and far–right demonstrators a few days before.

      The Jewish community's Hanukkah display in Larnaca was also vandalized on 30.11.2010 and on 01.12.2010.Vandals spray-painted the light bulbs of a menorah representation placed at a public location near the community's center and painted targets, swastikas, and stylized letters "SS" on and near the display.

       

      Groups affected/interested

      • Religious minorities

      Type (R/D)

      • Religious intolerance

      Key socio-economic / Institutional Areas

      • Education
      • Culture
      • Religion

      External Url http://photos.state.gov/libraries/cyprus/788/pdfs/IRF_Cyprus_Sep11.pdf

      See other countriesSee indicator history
    • Media: Are there positive measures for promoting or restrictions for Migrant and minority media?

      No such measures

      Data 3 radio programs on state radio for the religious groups (Maronites, Latins, Armenians); 3 minority newspapers; 1 TV show

      Qualitative Info

      There are no measures promoting migrant / minority media. A few initiatives are in place involving ethnic communities and the media, but these are mostly at the level of civil society and are funded by non-state sources. One such example is  the Cyprus Community Media Centre (CCMC). This is a project funded by UNDP-ACT aiming at empowering a media literate and active society and enhancing freedom of expression and information, cultural exchange and dialogue. CCMC opened its doors in late 2009, supporting local organisations in communicating their message to a wider audience through training, support, equipment loan, creating videos, taking photographs, holding public events, setting up online forums and offering advice to its members, giving people the skills to be in control of their own messages. It is made up of a core team of six staff members who work at the centre in Nicosia, with a background in media, communications, journalism, community based approaches and works in collaboration with a group of filmmakers, photographers, sound engineers, graphic designers, viral marketers, editors and writers, who assist in productions and training. A management committee comprised of elected representatives from CCMC's members, provides the team with strategic direction, advice and support.

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Nationalism

      Key socio-economic / Institutional Areas

      • Media
      • Internet

      External Url www.cypruscommunitymedia.org

      See other countriesSee indicator history
    • Media: Are there positive measures for promoting or restrictions for minority and lesser used language in the media?

      Very limited

      Data 2 armenian periodicals; several Russian newspapers; 1 bilingual (Greek/Turkish) TV show.

      Qualitative Info

      Migrant communities have no access to the media for the purpose of making their voices heard. This phenomenon has more to do with the lack of a diversity culture amongst media outlets than restrictions imposed.

      There are a few and scattered examples of media in minority languages but there is little funding in order to turn these examples into good practice projects. There are no daily newspapers in any minority language. Two Armenian periodicals are produced monthly, but without any financial assistance by the state. The Committee of Experts on the Application of the European Charter for Regional or Minority Languages in Cyprus encouraged the authorities to allocate funds to promote Armenian language and culture in public and private life, including the media, through a more satisfactory arrangement in co-operation with the Armenian community.[1] According to the Second Periodical Report of Cyprus on the Application of the European Charter for Regional or Minority Languages (paragraph 28.1), the Council of Ministers has approved the allocation of an annual total subsidy of ⁄ 51 260 for the production costs of the print media of the three minority groups (Armenians, Maronites and Latins), which the Armenian community welcomed but did not consider to be sufficient. Print media in Russian is also available, serving the needs of the large Russian (middle class to affluent) community of Limassol, which is entirely funded and organised by private entrepreneurs. The state television channel CyBC broadcasts daily news in Turkish (not on prime time) as well as a bi-communal programme in both Greek and Turkish (‘Biz’, a Turkish word which means ‘Us’).



      [1] Report of the Committee of Experts on the Application of the European Charter for Regional or Minority Languages in Cyprus of 23.09.2009.

       

       

      Groups affected/interested

      • Ethnic minorities
      • Linguistic minorities

      Type (R/D)

      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Media
      See other countriesSee indicator history
    • Sport: Effective participation of migrants in sport

      Although no systematic data is collected, there are institutional barriers in the effective participation of migrants in sports.

      Qualitative Info

       There is no authority maintaining statistics on the representation of migrants and ethnic minorities in any of the sports. The foreigners employed by professional football and basketball teams are usually specially recruited well-paid professionals rather than members of immigrant communities living in Cyprus, who are located in the lowest echelons of the labour hierarchy.

       In view of this, it is not possible to quantify the extent of the involvement of migrants in sports, where the only visible non-natives are the professional athletes and coaches of the top leagues in football and basketball. Currently there is no ‘official’ or ‘unofficial’ quota system. Regulations provide that out of the 26 professionals allowed to play in the first division football teams, nine have to be “home grown”; however “home grown” does not necessarily mean Cypriots; the rule stipulates that anyone who is an EU citizen and at the age of 18 is registered with a Cypriot team is considered “home grown”.

      The RAXEN Thematic Study on Cyprus of March 2009 entitled ‘Preventing racism, xenophobia and related intolerance in sport across the European Union’ indicated that there was a problem of exploitation and abuse of foreign footballers who were registered merely as ‘amateurs’ and thus not given a footballer’s contract. The practice detected was that, instead of properly registering them as professionals, some clubs used to register them as migrant workers in one of the other occupations that allow for third country migrant workers: the result was that they were often exploited, left unpaid and expelled from the country.

      A law that came into force in 2008 (Law on the Prevention and Combating of Violence in Sports Venues N. 48(I)/2008) prohibits statements by sports actors amounting to encouragement of violence and of feelings of prejudice, racism or discrimination against inter alia other spectators or sports fans, sports actors, journalists, players or referees. Such statements are punishable with a fine not exceeding Euros 5,000 (article 71). A further provision of the same law (article 72) prohibits the use of posters or banners with racist or insulting content, gestures or the uttering of words with racist or insulting content, the penalty for which is imprisonment not exceeding six months and/or a fine not exceeding Euros 1,000. No sanctions are foreseen against sport associations or sport clubs that have racist practices in place or that fail to take action against racist behaviour by their fans. This allows the clubs to evade responsibility for the actions of their fans, even when the fans are using the club premises to launch their various racist activities. Also, the provisions of this law are not always implemented. The RAXEN Thematic Study on preventing racism, xenophobia and related intolerance referred to above records a number of instances of racial abuse by fans against black footballers where the referee, the observer and police failed to take any action or refer the matter to the Tribunal of the Cyprus Football Association. Racism is only verbally condemned to avoid its public display. The approach taken by the sports authorities so far has been one of denial and complacency, adopting ‘low profile measures’ so as “not to provoke fans”, based on the assumption that the implementation of a repressive regime confined to the sporting field (just before, during and immediately after the match) and the imposition of a few fines to teams for fan behaviour, will eradicate the problem. This policy is not only misguided but may be sending the wrong messages to racist groups. In 2005, despite strong advice from FARE and UEFA, the Cyprus Football Association refused to accept an offer of 50,000 Swiss francs to organise a campaign to combat racism from football, claiming that there is no problem of racism in Cypriot football.

       The aforesaid report to FRA also located a transfer of the problem into areas less monitored and even an escalation into a more violent form as there has been a rise in the numbers of violent incidents outside the football pitch; there are indications that extreme right groups may be using football clubs to recruit young members.

      Groups affected/interested

      • Migrants
      • Refugees
      • Africans/black people

      Type (R/D)

      • Anti-migrant/xenophobia
      • Afrophobia

      Key socio-economic / Institutional Areas

      • Sport
      • Anti-racism
      See other countriesSee indicator history
    • Sport: Effective participation of minorities in sport

      No official data; some cases of Turkish-Cypriot athletes are reported.

      Qualitative Info

      There is no information about the involvement of the recognised national minorities (Maronites, Armenians, Latins) in sports. There are occasional claims from these groups for increased state subsidy in order for these groups to engage more actively in sports but these claims do not take the form of allegations of racism, either direct or institutional. However, the political situation prevailing in Cyprus ince the 1960s has had a negative impact on the participation of Turkish Cypriots in sports, who are  hindered by the complications posed by the political problem of Cyprus, the de facto partition and the ethnic conflict.

      Despite the political and social problems there are individual cases of Turkish-Cypriots who do participate on sports, albeit in small numbers. There is a handful of young Turkish-Cypriot footballers playing with some second division football clubs. Until some years ago, the first division club Nea Salamina had some Turkish-Cypriot footballers playing and there are also some Turkish-Cypriot athletes in track and field.

      An issue of serious concern is the regular intimidation and harassment of Turkish-Cypriot fans at the football pitch by far right groups within the fan clubs, sometimes manifesting itself in violent attacks and vandalisations of their cars. There have been reports of Turkish Cypriot fans being rounded up by far right hooligans as they try to leave the pitch, but were saved at the last moment by other Greek Cypriot fans who intervened at the last moment to save the Turkish Cypriots fans.

      Groups affected/interested

      • Ethnic minorities
      • Majority

      Type (R/D)

      • Nationalism

      Key socio-economic / Institutional Areas

      • Sport
      See other countriesSee indicator history