(For the period from 16 June to 10 December 1995)

I. INTRODUCTION

1. The present report on the United Nations operation in Cyprus covers developments from 16 June 1995 to 10 December 1995 and brings up to date the record of the activities of the United Nations Peace-keeping Force in Cyprus (UNFICYP) and my mission of good offices pursuant to Security Council resolution 186 (1964) and subsequent Council resolutions, most recently resolution 1000 (1995) of 23 June 1995.

II. ACTIVITIES OF THE FORCE

2. In its resolution 186 (1964), the Security Council defined the mandate of UNFICYP as follows:

"In the interest of preserving international peace and security, to use its best efforts to prevent a recurrence of fighting and, as necessary, to contribute to the maintenance and restoration of law and order and a return to normal conditions."

The Council has repeatedly reaffirmed that mandate, most recently in its resolution 1000 (1995) of 23 June 1995. In connection with the events that have occurred since 15 July 1974, the Council has adopted a number of resolutions, some of which required the Force to perform certain additional or modified functions relating, in particular, to the maintenance of the cease-fire. 1/

A. Maintenance of the cease-fire and the military status quo

3. The cease-fire lines extend approximately 180 kilometres, roughly from east to west across the island. The area between the lines is known as the United Nations buffer zone, which varies in width from a few metres to 7 kilometres and covers about 3 per cent of the island (see attached map). The area contains some of the most fertile land in Cyprus, as well as a number of villages.

4. UNFICYP undertakes constant surveillance of the United Nations buffer zone from 22 permanent observation posts, daylight surveillance from 2 additional posts and periodic daily surveillance from another 19 patrol bases. UNFICYP also maintains less frequent periodic surveillance of the remainder of the buffer zone from a further 118 observation posts, carries out vehicle, foot and air patrols and maintains surveillance of the seaward extension of the cease-fire lines for 5 kilometres. 2/

5. During the period under review, both sides generally respected the cease-fire and the military status quo. UNFICYP intervened in numerous minor incidents to correct violations and prevent any escalation of the situation. The firing of weapons was reported several times, although most of the cases proved to be negligent discharges due to lack of discipline among soldiers. At the outset of the autumn hunting season, Greek Cypriot hunters on several occasions discharged firearms inside the buffer zone at members of UNFICYP who were carrying out their mandated tasks and at UNFICYP installations, causing slight injuries to one soldier and damage to an UNFICYP patrol vehicle. Furthermore, military and police personnel from both sides on occasion entered the buffer zone without UNFICYP's authorization.

6. The National Guard continued its extensive programme to improve its military positions or to add new ones along and behind its cease-fire line opposite all sectors of the buffer zone. UNFICYP protested these improvements as violations of the spirit of the status quo. A few excavations encroached upon the buffer zone. They were filled in after representations by UNFICYP.

7. I have already informed the Security Council (see S/1995/561 and S/1995/618) that extensive excavations were begun by the Turkish Cypriot authorities in June 1995 at a location known as the Roccas Bastion, which forms part of the walls of the Old City of Nicosia and lies immediately behind the Turkish forces' cease-fire line, in a highly sensitive area specifically covered by the unmanning agreement of May 1989. After some delay, UNFICYP was able to inspect the site and concluded that the construction did not indicate work carried out to normal military specifications or to any evident military logic, although it appeared unnecessarily elaborate and costly for its stated purpose, a children's playground and park. Since then, UNFICYP has had regular access to the site, where the main work has been completed. UNFICYP has had no reason to change its conclusion as to the nature of the excavation and construction. The Turkish Cypriot authorities have agreed that UNFICYP will continue into the future to have unhindered monthly access.

8. The extension of a military trench at the southern end of the bastion, which was discovered during the inspection in July, has since been filled in and the military status quo restored.

9. In July and August 1995, a number of demonstrations by Greek Cypriots took place close to the buffer zone. One of these, an island-wide motorcycle demonstration on 6 August 1995 turned violent and resulted in violations of the buffer zone at several locations. Again, for several successive days in the second week of November 1995, Greek Cypriot schoolchildren, marshalled by adults, including teachers, violently protested the detention by Turkish Cypriot authorities of a member of the National Guard who had crossed the buffer zone. Fifteen members of UNFICYP sustained minor injuries during these demonstrations. The United Nations, both in Nicosia and in New York, made strong representations to the Government of Cyprus; thereafter, in particular on 15 November 1995, the Cyprus police took effective action to control the demonstrators and improved the advance liaison with UNFICYP.

10. On 15 November 1995, the Turkish Cypriot authorities opened the newly constructed park and playground on top of the Roccas Bastion to the public. The event was marred by violence on the part of significant numbers of Turkish Cypriot civilians. In the absence of controlling measures by the authorities in the northern part of the island, these persons showered stones and other objects into the buffer zone and onto the Greek Cypriot residences and offices below the bastion. UNFICYP has sought and received assurances from the authorities in the northern part of the island that such actions will not be allowed to recur.

11. While the air violations of the status quo have not increased significantly in number, I am concerned by the growing incidence of overflights by military aircraft and the potential such activity has to unsettle the situation on the island. Fighter aircraft from Turkey entered Cypriot airspace in October 1995 as part of an annual land/sea exercise by the Turkish forces; these aircraft repeatedly overflew the northern part of the city of Nicosia and one overflew the buffer zone. On 14 November 1995, UNFICYP received reports that two F-4 Turkish military aircraft entered Nicosia flight information region, circumnavigated the island and overflew the Karpas peninsula before returning to Turkey. The entries of Turkish military aircraft were protested to UNFICYP by the Government of Cyprus. The Turkish Cypriot authorities and Turkey condemned the participation of F-16 and A-7 military aircraft from Greece, using live ordnance, in the National Guard's annual military exercise. UNFICYP protested to the respective sides all air violations of the status quo (i.e., flights near or over the buffer zone).

12. The status quo in the fenced area of Varosha was again a matter of concern to UNFICYP. Renewed looting was observed within the fenced area at the beginning of July 1995. At the end of September and again in October 1995, Turkish Cypriot forces forced open one of UNFICYP's observation posts in the fenced area and UNFICYP was subsequently informed by Turkish forces that it was their intention to convert the building to a student dormitory. The United Nations raised the matter with Turkish forces in Cyprus and with the Permanent Mission of Turkey in New York and was assured that the inviolability of United Nations premises would be respected in future. These developments have prompted the United Nations to remind the Government of Turkey, once again, that the United Nations holds it responsible for the maintenance of the status quo in the fenced area of Varosha and that conversion of buildings in the fenced area for use as accommodation for students would constitute a violation of the status quo.

B. Implementation of paragraphs 4 to 6 of resolution 1000 (1995)

13. In paragraph 4 of its resolution 1000 (1995) of 23 June 1995, the Security Council expressed its "concern about the modernization and upgrading of military forces in the Republic of Cyprus and the lack of progress towards a significant reduction in the number of foreign troops in the Republic of Cyprus". Further, it "urged all concerned once again to commit themselves to such a reduction, and a reduction of defence spending in the Republic of Cyprus to help to restore confidence between the parties and as a first step towards the withdrawal of non-Cypriot forces as set out in the Set of Ideas" (S/24472, annex I).

14. Despite continued efforts by UNFICYP, no progress has been made towards the implementation of these provisions. On the contrary, both sides have continued to improve their military capabilities:

(a) During the reporting period, the Turkish forces continued to upgrade their equipment holdings. With the arrival of an additional 14 tanks, the number of M-48A5 tanks has reached approximately 265. There was a significant increase in the number of armoured personnel carriers; a continued upgrading of artillery from 105 mm to 155 mm; a significant enhancement in their air defence capability with the arrival of shoulder-launched missiles and guns; and a significant increase in their battlefield surveillance capability. These changes represent a significant increase in the military capability of the Turkish forces in Cyprus. In terms of the ratio of military personnel to inhabitants, with over 30,000 Turkish troops and 4,500 Turkish Cypriot troops, the northern part of the island remains one of the most densely militarized areas in the world;

(b) The National Guard, though weaker by far than the Turkish forces in Cyprus, has continued its comprehensive upgrading programme. Some of the steps I drew to the Security Council's attention in my last report (S/1995/488) have been completed; in particular 18 of the total purchase of BMP 3 infantry fighting vehicles have been delivered to Cyprus. The National Guard increased its holdings of AMX-30 tanks to 104, with the acquisition of 56 such tanks currently being overhauled in Greece. In addition, 224 of the first year's target of 500 volunteers from Greece for service with the National Guard have arrived in Cyprus. The recent annual National Guard exercise saw the participation of Greek naval and air force units. The key points of the participation by Greece were the dropping of live ordnance on Cyprus and the use of Paphos airport by Greek military aircraft.

15. In paragraph 5 of its resolution 1000 (1995), the Security Council once again called on the military authorities on both sides to enter into discussions with UNFICYP, without further delay, with a view to entering into mutual commitments to prohibit on the cease-fire lines live ammunition or weapons other than those that are hand-held. This has not been achieved. Nor has progress been registered in pursuance of the reiterated call of the Council to both sides to prohibit the firing of weapons within sight or hearing of the buffer zone.

16. In paragraph 6 of its resolution 1000 (1995), the Security Council regretted the failure to reach an agreement on the extension of the 1989 unmanning agreement to cover all areas of the buffer zone where the two sides are in close proximity to each other, and called again on the military authorities on both sides to cooperate urgently with UNFICYP to this end. Despite UNFICYP's continued efforts, no progress was made here either.

C. Restoration of normal conditions and humanitarian functions

17. UNFICYP continued its efforts with authorities and agencies on both sides towards a return to normal conditions and promoted bicommunal contacts with a view to increasing levels of communication and cooperation for the benefit of both communities. The representatives of the United Nations High Commissioner for Refugees (UNHCR) in Cyprus promoted bicommunal cooperation in a range of areas. Similarly, the United Nations Development Programme (UNDP), together with some specialized agencies, supported planning for bicommunal projects, including work undertaken in the context of the Nicosia Master Plan (see also sect. III below).

18. Twice in late October 1995, UNFICYP organized highly successful bicommunal events at the Ledra Palace Hotel within the buffer zone in Nicosia to mark the fiftieth anniversary of the United Nations. The first occasion, on 22 October, was an "open house" for children of both communities and their families. It was attended by more than 5,000 persons - the largest bicommunal gathering since 1974. More than half of those in attendance were Turkish Cypriots. On 30 October, a "bicommunal friendship concert" took place at the same venue, with an attendance in excess of 1,000, once again coming from both sides. The attendance at each of these events by unprecedented numbers of Turkish Cypriots was possible because the Turkish Cypriot authorities, in a welcome departure, waived the restrictions they normally impose on movement of Turkish Cypriot civilians across the Turkish forces' cease-fire line for the purpose of bicommunal gatherings.

19. UNFICYP continued to discharge its humanitarian functions in respect of Greek Cypriots and Maronites located in the northern part of the island. These communities now number only 492 and 234 respectively. UNFICYP similarly discharged humanitarian functions with regard to Turkish Cypriots located in the southern part of the island, some 362 of whom have made themselves known to the Force.

20. As previously reported (S/1995/488, para. 28), UNFICYP had been engaged in extensive discussion with the authorities on both sides with regard to the living conditions of Greek Cypriots and Maronites living in the northern part of the island and of Turkish Cypriots living in the southern part.

21. In June 1995, UNFICYP shared with the Government of Cyprus the outcome of the review that the Force had undertaken in preceding months regarding the living conditions of Turkish Cypriots located in the southern part of the island. UNFICYP had found that Turkish Cypriots in the southern part of the island were not subjected to a restrictive regime. Under the law, they enjoy the same rights as other citizens, including freedom of movement and the right to acquire property and to dispose of it. At the same time, in several respects, it was found that Turkish Cypriots in the southern part of the island were often the victims of capricious discrimination or police harassment and thus did not at present enjoy a fully normal life. UNFICYP set out concerns that it had in that connection and made a number of recommendations for remedial action by the Government. Specifically, UNFICYP proposed that the Government:

(a) Arrange for the conduct of an independent and comprehensive review of the policies and procedures of the Cyprus police, particularly with respect to their dealings with Turkish Cypriots;

(b) Establish in Limassol an information and liaison office to serve as the principal channel for Turkish Cypriots to obtain information on social welfare and other entitlements, housing and property arrangements and education and to facilitate processing and issuance of permanent identification cards;

(c) Establish an UNFICYP liaison post in Limassol to carry out humanitarian functions of the Force with respect to Turkish Cypriots;

(d) Make available resources for teaching Turkish language, literature and culture to members of the Turkish Cypriot community and others located in the southern part of the island.

For the response of the Government, see annexes I, II and III.

22. On 7 October 1995, a Turkish Cypriot civilian from the Louroujina area was arrested by the Cyprus police and was subsequently charged with criminal offences. The person in question and the Turkish Cypriot authorities disputed the assertion of the Cyprus police that he had been apprehended by the police in the area south of the buffer zone. Those authorities maintain instead that the Cyprus police had apprehended him in the buffer zone. In addition, the person in question and the Turkish Cypriot authorities stated to UNFICYP that he had been severely beaten by members of the Cyprus police. In the exercise of its humanitarian functions, UNFICYP interviewed and medically examined the man while he was in police custody and concluded that he had been seriously maltreated during and after his arrest. In response to representations by UNFICYP, the Government of Cyprus informed the Force that the question of police maltreatment of the man was being fully investigated. With the cooperation of the Government of Cyprus, UNFICYP ensured that the man received regular visits from his wife as well as from his chosen Turkish Cypriot physician and Turkish Cypriot lawyer. On 1 December 1995, three days before the scheduled trial, the Attorney-General of Cyprus decided to drop the charges. The detainee was released to UNFICYP and immediately returned to the northern part of the island. In the light of this and the other reported incidents of abuse of detainees by the Cyprus police, I welcome the independent inquiry into police misconduct that the Government of Cyprus is carrying out (see annexes I, II and III)

23. In June 1995, UNFICYP also shared with the Turkish Cypriot authorities the outcome of its review of the conditions of Greek Cypriots and Maronites located in the northern part of the island. The review confirmed that those communities were the objects of very severe restrictions, which curtailed the exercise of many basic freedoms and had the effect of ensuring that, inexorably with the passage of time, those communities would cease to exist in the northern part of the island. For example, Greek Cypriots living in the northern part of the island are not permitted by the authorities there to bequeath immovable property to a relative, even the next of kin, unless the latter also lives in the northern part of the island. In this way, more and more of the immovable property of Greek Cypriots located in the northern part of the island is expropriated by the Turkish Cypriot authorities for their disposal. Furthermore, there are no secondary school facilities for Greek Cypriots or Maronites in the northern part of the island. The Turkish Cypriot authorities have declined to permit the establishment of such facilities. Greek Cypriot children located in the northern part of the island who opt to attend secondary school in the southern part of the island are denied their right to reside in the northern part of the island once they reach the age of 16 in the case of males and 18 in the case of females.

24. In its humanitarian review, UNFICYP set out its concerns about the situation of the Greek Cypriots and Maronites living in the northern part of the island and made a number of recommendations for remedial action by the Turkish Cypriot authorities. With regard to the Greek Cypriots, UNFICYP recommended that:

(a) All restrictions on land travel within the northern part of Cyprus should be lifted;

(b) Access to and religious use of the monastery at Apostolos Andreas and the church there by the Greek Cypriots of the Karpas peninsula and their clergy should be unrestricted;

(c) All restrictions preventing offshore fishing by the Greek Cypriots of the Karpas should be lifted;

(d) Karpas Greek Cypriots and their visitors should be allowed to travel between the Karpas and the buffer zone crossing point in their own vehicles or in regular public transportation without police escort;

(e) Karpas Greek Cypriots should be allowed visits from close relatives who normally reside outside the northern part of Cyprus;

(f) There should be no hindrance at any time to children of Karpas Greek Cypriots returning to their family homes without formality;

(g) Karpas Greek Cypriots should be allowed to bequeath fixed property in the Karpas to their next of kin, and in the event that such beneficiaries normally reside outside the northern part of the island, they should be allowed to visit bequeathed properties without hindrance or formality;

(h) All Karpas Greek Cypriot students attending secondary schools or third-level institutions in the south should be allowed to return to their homes on weekends and holidays;

(i) Secondary schooling for Greek Cypriots should be facilitated in the Karpas, and teachers and school supplies for Greek Cypriots should be allowed to be provided from the south without hindrance;

(j) The constant presence of the Turkish Cypriot police in the daily lives of the Karpas Greek Cypriots should be ended;

(k) Unrestricted availability of private telephones to Karpas Greek Cypriots should be permitted when they become generally available, and Karpas Greek Cypriots should be permitted to make private telephone calls from locations in the Karpas other than police stations without the presence of any official or other person;

(l) Restrictions on hand-carried mail and newspapers should be lifted;

(m) Karpas Greek Cypriots should be permitted visits by Greek Cypriot doctors and medical staff;

(n) Provision of funds from outside the northern area should be permitted for the renovation and maintenance of Greek Cypriot schools and churches in the Karpas area;

(o) Restrictions on UNFICYP's freedom of movement to and from as well as within the Karpas area should be lifted;

(p) Restrictions on the discharge by UNFICYP of its humanitarian and other functions with regard to Karpas Greek Cypriots should be lifted and liaison posts should be established where the greatest number of Greek Cypriots live in the north at the villages of Rizokarpaso and Ayias Trias. (The sole remaining permanent UNFICYP presence in the Karpas, a small liaison post, remains confined, with no freedom of movement, in the village of Leonarisso, where only 9 Greek Cypriots still reside.)

25. Concerning the Maronites living in the northern part of the island, UNFICYP's review recommended that:

(a) All restrictions on freedom of movement between the two parts of the island for all Maronites located in the north and for family members of such persons normally located in the south or elsewhere should be lifted;

(b) A medical centre in Kormakiti should be established and supported, staffed by Maronite medical personnel, to serve the three Maronite villages of Asomatos, Karpasha and Kormakiti and, pending its establishment, a Maronite doctor and nurse should be permitted to visit these villages;

(c) Maronite homes in these three villages should be connected with private telephones and, pending this, publicly accessible telephones should be installed in each of the three villages;

(d) Free, normal, unescorted UNFICYP access to the three villages and to Maronite homes there should be facilitated;

(e) The water supply to Kormakiti village should be improved;

(f) Maronites should be permitted periodically to visit, restore and tend to their holy places located in the northern part of the island but, for the most part, away from the four villages in the north-west where they have resided in modern times.

For the response of the Turkish Cypriot authorities, see annex IV.

D. Liaison with the parties

26. UNFICYP continued to maintain close liaison and cooperation with the military and civilian authorities on both sides. The liaison arrangements on the whole worked reasonably well. However, there were exceptions to this, notably in humanitarian areas, including cases where persons were detained after they crossed the buffer zone. UNFICYP expects in these cases to receive information about the detainee within 12 hours of apprehension and to be able to make an unaccompanied visit to the detainee within 24 hours of apprehension and thereafter on a regular basis at least once a week. During the reporting period, there were three instances where persons crossed the buffer zone into the northern part of the island; UNFICYP received neither timely nor accurate information from the Turkish forces and the Turkish Cypriot authorities (see para. 22 above).

27. Efforts to improve UNFICYP's freedom of movement in the northern part of the island remained unsuccessful, despite assurances that restrictions would be removed.

III. ECONOMIC AND SOCIAL ACTIVITIES OF THE UNITED NATIONS SYSTEM

A. Activities of the United Nations Development Programme

28. The United Nations Resident Coordinator (UNDP), serving in his capacity as Coordinator for the United Nations system operational activities for development, continued to work in close cooperation with the United Nations specialized agencies in providing administrative and logistic support to training activities organized in Cyprus. UNDP assisted a United Nations agency technical mission to Cyprus and arranged United Nations fellowships for Cypriots outside the country. In addition, UNDP/Nicosia arranged for 10 representatives of non-governmental organizations from both communities to attend the Fourth World Conference on Women in Beijing in September 1995.

29. UNDP maintained bicommunal activities in the field of health, including support in the campaign against AIDS. This was undertaken in full cooperation with the World Health Organization (WHO).

B. Activities of the Office of the United Nations High Commissioner for Refugees

30. UNHCR, in its role as coordinator of humanitarian assistance in Cyprus since 1974, continues to administer a bicommunal humanitarian programme, which includes significant development components planned and implemented by bicommunal teams of Greek Cypriots and Turkish Cypriots. The main areas of cooperation are in the sectors of sanitation (upgrading of Nicosia sewage treatment facilities), agriculture (pest and disease control), health (upgrading and expansion of services and facilities), forestry (reforestation and fire prevention), environmental monitoring (provision of training and equipment) and architecture (rehabilitation of culturally important buildings and sites located along the "green line" in Nicosia). UNHCR is assisted in this role by the Cyprus Red Cross Society with offices located in the northern and southern parts of Nicosia, which facilitate communication and cooperation between the communities for various activities. In addition, regular bicommunal meetings have been convened on UNHCR premises in the United Nations protected area, and Greek Cypriots and Turkish Cypriots have attended bicommunal seminars and various training sessions, both in Cyprus and abroad, under the sponsorship of UNHCR.

31. In these activities, UNHCR continues to cooperate closely with UNDP for projects located in the Nicosia area and under the auspices of the Nicosia Master Plan team and with WHO, through technical advice in the health and sanitation sectors.

IV. COMMITTEE ON MISSING PERSONS

32. On several occasions I have conveyed to the Council my concern about the absence of progress in the work of the Committee on Missing Persons and my position that the continued support of the United Nations should depend on the cooperation of both sides in reversing this situation. In view of the fact that the Committee has been operational since 1984, it is only reasonable that after some 11 years a deadline should be set for the submission of cases. All Turkish Cypriot cases were received by the Committee as of several months ago. I have been assured that all the remaining Greek Cypriot cases will be received before the end of 1995. It has been agreed that no further cases will be submitted beyond this period. As a result, the Committee agreed to resume its activities and to hold two sessions between 23 November and 12 December 1995.

33. It is also encouraging that both sides responded positively to my letter of 17 May 1995 by agreeing to proceed on the basis of the compromise criteria for completing investigations that I had proposed. The basis for considering whether the Committee is making progress remains the extent to which it can complete its work at a reasonable speed. I intend to review the situation at the end of February 1996 to consider the merit of continued United Nations support for the Committee in the light of progress made towards the completion of its work.

V. GOOD OFFICES MISSION

34. Since my last report to the Security Council (S/1995/488), my Special Representative, Mr. Joe Clark, and my Deputy Special Representative, Mr. Gustave Feissel, have continued contacts with the leaders of the two communities in Cyprus, with the Governments of Greece and Turkey and with interested Governments with a view to finding a basis for a resumption of direct talks. As I noted in my report on the work of the Organization, almost all elements required for a just and lasting settlement are on the table. It is my hope that in the next few months it will be possible to generate the necessary political will to overcome the long-standing deadlock in the negotiating process. My Special Representative and his Deputy will continue their efforts in this regard.

VI. ORGANIZATIONAL MATTERS

35. As of 1 December 1995, the total strength (military personnel and civilian police) of UNFICYP was 1,184. The 1,150 military personnel were from Argentina (391), Austria (313), Canada (2), Finland (2), Hungary (39), Ireland (26) and the United Kingdom of Great Britain and Northern Ireland (377). There were 34 civilian police provided by Australia (20) and Ireland (14). In addition, UNFICYP had 366 civilian staff, 42 of whom were internationally recruited and 318 locally recruited. The deployment of the Force is shown on the map attached to the present report.

36. Hungary resumed its contribution to the Force on 14 November 1995. It provides a platoon that is assigned to Sector 4, for which the Austrian battalion is responsible.

37. Mr. Joe Clark continued as my Special Representative for Cyprus; Mr. Gustave Feissel continued as my Deputy Special Representative and Chief of Mission, resident in Cyprus. Brigadier General Ahti T. P. Vartiainen (Finland) continued as Force Commander.

38. The General Assembly, by its resolution 49/230 of 23 December 1994, approved the amount of $43,472,300 gross for maintaining UNFICYP for the 12-month period from 1 July 1995 to 30 June 1996. Should the Security Council decide to extend the mandate of UNFICYP for a further period of six months, i.e., from 1 January to 30 June 1996, the cost of maintaining the Force for the period will be approximately $21.7 million.

39. With effect from 16 June 1993, the financing of UNFICYP is inclusive of voluntary contributions of $6.5 million annually from the Government of Greece and of one third of the cost from the Government of Cyprus. On that basis, the amount to be assessed on Member States for the six-month period from 1 January to 30 June 1996 would be approximately $11.2 million.

40. As at 30 November 1995, the total outstanding assessed contributions to the UNFICYP Special Account amounted to $9.2 million. The outstanding assessed contributions for all peace-keeping operations totalled $2 billion.

VII. OBSERVATIONS

41. During the past six months, UNFICYP continued to carry out its functions in Cyprus effectively, with the cooperation of both sides. The overall situation on the island remained calm, although tension rose periodically in connection with the events described in the present report. These UNFICYP worked hard to contain.

42. The Security Council has repeatedly declared that the status quo is not an acceptable option. It should also be clear to all concerned that the situation is not static and that delaying an overall settlement is not in the interest of either side.

43. Once again, I must express serious concern at the excessive levels of military forces and armaments in Cyprus and at the rate at which these are being strengthened. Neither side has heeded the Security Council's repeated calls for a significant reduction in the number of foreign troops and in defence spending in Cyprus. It has also not been possible to make progress even on modest measures, repeatedly called for by the Council, aimed at reducing confrontation between the two sides along the cease-fire lines.

44. The large attendance at the bicommunal events organized by UNFICYP in connection with the fiftieth anniversary of the United Nations this past October demonstrated that there is a strong desire on the part of both Greek and Turkish Cypriots to develop contacts and mutual understanding with their compatriots in the other community. I welcome the action taken by the Turkish Cypriot authorities to facilitate the participation of Turkish Cypriots in such events and hope that it will be repeated and expanded in the future.

45. The humanitarian review that UNFICYP has conducted shows that the Greek Cypriots and Maronites in the northern part of the island are far from leading the normal life they were promised under the agreement reached between the two sides at Vienna on 2 August 1975. 3/ The limited measures that the Turkish Cypriot authorities have recently announced with a view to improving the daily lives of the persons concerned are welcome. At the same time, the measures highlight how much more needs to be done. UNFICYP will pursue this matter with the Turkish Cypriot authorities and others concerned. UNFICYP will also follow up with the Government of Cyprus on the measures it is taking to eliminate any discrimination against or harassment of the Turkish Cypriots living in the southern part of the island.

46. In the prevailing circumstances, I believe that UNFICYP's presence on the island remains indispensable to achieving the objectives set out by the Security Council. Therefore, I recommend that the Council extend the mandate of the Force for a further period of six months until 30 June 1996. In accordance with established practice, I am consulting the parties concerned on the matter and shall report to the Council as soon as these consultations have been completed.

47. I take this opportunity to express my appreciation to the Governments contributing troops and civilian police to UNFICYP for the steadfast support they have given to this peace-keeping operation of the United Nations. I also wish to thank the Governments that have made voluntary contributions towards the financing of the Force.

48. In conclusion, I wish to pay tribute to my Special Representative, Mr. Joe Clark, to my Deputy Special Representative, Mr. Gustave Feissel, to the Force Commander, Brigadier General Ahti T. P. Vartiainen and to the men and women serving with UNFICYP. They have discharged with efficiency and dedication the important responsibilities entrusted to them by the Security Council.

Notes

1/ See Official Records of the Security Council, Thirty-fifth Year, Supplement for October, November and December 1980, document S/14275 and note 57.

2/ See ibid., Fortieth Year, Supplement for October, November and December 1985, document S/17657, para. 19.

3/ See ibid., Thirtieth Year, Supplement for July, August and September 1975, document S/11789, annex.

Annex I

LETTER DATED 25 JULY 1995 FROM THE MINISTER FOR FOREIGN
AFFAIRS OF CYPRUS ADDRESSED TO THE DEPUTY SPECIAL
REPRESENTATIVE OF THE SECRETARY-GENERAL

    On behalf of the Government of Cyprus, I would like to acknowledge receipt of UNFICYP's humanitarian report on the situation of Turkish Cypriots living in the free areas of the Republic, the contents of which we studied carefully. It is obvious that this document is not related or connected in any way with the enclaved persons, whose case is completely different.

    The Government of Cyprus attaches great importance to this matter, as it firmly believes that all Cypriot citizens, regardless of ethnic origin, are entitled to normal living conditions. As citizens of the Republic, the Turkish Cypriots living in the free areas enjoy the same freedoms, rights and obligations as all other citizens. Furthermore, we are providing special assistance to the Turkish Cypriots who remained in the free areas or moved there at a later stage. The Government has assisted the Turkish Cypriots in securing housing, employment, health and welfare benefits. They also enjoy freedom of movement and can acquire and dispose of property without any restrictions, facts that are well documented in your report.

    Despite the policy of the Government regarding this issue, it is not impossible that there may be expressions of bitterness due to the continued occupation.

    Let me however assure you that we are fully committed to the policy of equal treatment of all Cypriot citizens, and that we are always ready to examine carefully any complaints or reasonable demands by Turkish Cypriots residing in the free areas.

    The same policy of equal treatment of all Cypriot citizens guides the work of the Cyprus police. The Chief of Police has issued clear instructions that this policy be applied at all levels of the police. In view of the questions raised in UNFICYP's humanitarian report, an internal review is being initiated by the Cyprus police. In the meantime, any specific issue that UNFICYP may wish to discuss may be raised with the Cyprus police through the existing liaison channels.

    Furthermore, I would like to specify that all administrative matters of the population living in each district, irrespective of origin, are the responsibility of the district administrative officers, whom we have instructed to take all necessary measures to ensure that the policy of equal treatment is applied to all Cypriot citizens without any exception or discrimination.

    We have also requested the competent district officers to facilitate contacts and also to encourage Turkish Cypriots who may feel they were not justly or fairly treated to address themselves to them.

    The Turkish Cypriots are mainly living in the areas of Nicosia city, Potamia village, Limassol city, Larnaca city, Paphos city, Mouttalos and Yeroskipou.

    The competent officers for these areas are the following:

    Mrs. Stala Constantinou (tel. No. 05-330225) for Limassol

    Mr. Andreas Phylactou (tel. No. 04-630105) for Larnaca, and

    Mrs. Mary Lambrou (tel. No. 06-240187) for Paphos, Yeroskipou and Mouttalos.

    UNFICYP can also be in touch with the above officers for any complains submitted to them.

    While we hope that the above arrangements will prove satisfactory to you, we are always ready and willing to discuss any suggestions or observations you may want to submit.

    To facilitate UNFICYP's humanitarian work, the Government will, in line with the status-of-forces agreement between the Republic of Cyprus and UNFICYP, facilitate the early establishment of an UNFICYP liaison office in Limassol. The details may be worked out in the normal manner.

    I avail myself of this opportunity to convey to you the grave concern of the President of the Republic regarding the situation of the enclaved Greek Cypriots, which continues to be totally unacceptable. Due to harassment and total disrespect of their human rights by the Turkish side, only a small number of Greek Cypriots and Maronites remain in the occupied area. This is a direct consequence of the fact that the third Vienna agreement, signed on 2 August 1975 by Mr. Denkta_ in the presence of the Secretary-General of the United Nations, has never been honoured by the Turkish side.

    We, therefore, urge resolute action in order to ameliorate the living conditions of the enclaved Greek Cypriots and Maronites and, in this respect, we are anxious to know the content of your relevant report.

                                                                                    (Signed)  Alecos P. MICHAELIDES

Annex II

LETTER DATED 13 OCTOBER 1995 FROM THE MINISTER OF FINANCE
AND ACTING MINISTER FOR FOREIGN AFFAIRS OF CYPRUS
ADDRESSED TO THE DEPUTY SPECIAL REPRESENTATIVE OF THE
SECRETARY-GENERAL

     Further to previous correspondence on the subject ending with the letter dated 25 July 1995, addressed to you by the Foreign Minister, Mr. Alecos Michaelides, I would like to refer to the UNFICYP humanitarian review on members of the Turkish Cypriot community residing in the free areas of the Republic and to inform you of the following:

    After further consideration and discussion, the Government of the Republic has decided:

    (a) To establish an elementary day school in Limassol for the needs of the Turkish Cypriot children. Arrangements are being made for a Turkish Cypriot teacher to be employed by the Government;

    (b) To establish an office staffed by a full-time employee of the District Office, who will act as a liaison between members of the Turkish Cypriot community and government departments. For this purpose, a competent officer has already been assigned. A sizeable old Turkish Cypriot house has been identified as suitable and has been renovated to be used both as an educational centre and an office for Turkish Cypriot affairs;

    (c) To meet UNFICYP's request for office facilities in carrying out necessary contacts in this respect;

    (d) To expedite the conclusion of the internal police review, a woman police officer will be assigned as a contact person between the police and the Turkish Cypriots.

    The Ministry of Foreign Affairs will keep your staff informed of progress on these issues.

                                                        (Signed)Chistodoulos CHRISTODOULOU
                                                        Minister of Finance
                                                        Acting Minister for Foreign Affairs

Annex III

    I wish to refer to UNFICYP's document entitled "Humanitarian review of the situation of Turkish Cypriots located in the south of Cyprus". With particular reference to complaints about harassment or maltreating Turkish Cypriots, I would like to state the following.

    The Government's declared policy is that Turkish Cypriots should be treated like all other citizens of the Republic and should be facilitated to live a normal life. With regard to the police, strict instructions are in force that they should keep strictly to the security-oriented nature of their duties and that any reports of harassment, maltreatment or brutality will lead to disciplinary action involving dismissal from the Force.

    The policies, procedures and practices of the police have been subjected to strict scrutiny and already there has been a reassignment of duties in the Force to ensure compliance with government policy. The situation of Turkish Cypriots living in the free areas of the Republic does not give grounds for any concern whatsoever.

    Irrespective of steps taken concerning Turkish Cypriots, the Government is determined to crack down on any individual policeman who is found guilty of maltreatment or brutality. It has not hesitated to go back several years, in its determination to bring to justice no fewer than 15 police officers (amongst them the Superintendent of Police, Limassol) for alleged brutalities to Greek Cypriots back in 1990.

    With regard to the incidents involving violent mistreatment of Turkish Cypriots by the police in April 1994, the complainants, or some of them, have lodged private recourses before the European Commission of Human Rights under article 25 of the European Convention for the Protection of Human Rights. The proceedings before the Commission are confidential and, under the relevant rules, no disclosure of any document or address filed is possible. Much as we condemn and deplore any incidents, since the facts are in issue in the proceedings before the Commission, we feel it is only fair to await the result of the recourses. Nobody should doubt the impartiality and the will of the Commission to protect human rights.

    In a recent case of complaint by a Turkish Cypriot for police mistreatment, the matter was referred to the ombudsman, who is investigating the complaint and is expected to have his report ready soon. The ombudsman is an independent officer of the Republic who did not hesitate in the past, on five different occasions, to reach the conclusion that the police exceeded their authority.

    Moreover, the present Attorney-General is more than ready to recommend to the Council of Ministers the appointment of criminal investigators under the Criminal Procedure Law and the Council of Ministers has so far accepted most of his recommendations. The Attorney-General has actually appointed ex-judges and Counsels of the Republic as criminal investigators to investigate the commission of crimes referred to in the corresponding recourses.

    Similar action is being pursued in respect of the case of Osman Yusuf, alias Erkman Egmez, which formed the subject of my letter to you of 20 November 1995. The Attorney-General is determined to bring to justice anyone guilty of maltreatment/brutality.

Annex IV

MEASURES BEING IMPLEMENTED BY THE TURKISH CYPRIOT AUTHORITIES
IN RESPECT OF GREEK CYPRIOTS AND MARONITES LOCATED IN THE
NORTHERN PART OF CYPRUS

(30 November 1995)

1. Greek Cypriots and Maronites living in the north may go to the south at any time after notifying the police station in the area where they reside. Such persons may remain absent from the north for up to 15 consecutive days at a time. There is no limit on the number of such 15-day journeys that an individual may make. However, if the authorities in the north conclude that the person has taken up residence in the south, he/she will not be permitted to return to the north.

2. Greek Cypriot schoolchildren (males up to 16 years of age and females up to 18 years of age) and Maronite schoolchildren (males and females up to 18 years of age) from families living in the north and who are attending school in the south may visit their parents resident in the north during holidays (official, religious, mid-term, summer and weekends) without any restrictions as regards duration.

3. Greek Cypriots located outside the northern part of Cyprus and having close relatives located in the north (i.e., spouse, father or mother, son or daughter, brother or sister) may visit those relatives once a month for the day. Such Greek Cypriots will have to apply to the Turkish Cypriot authorities at the Ledra Palace crossing point five days in advance.

4. Maronites located outside the northern part of Cyprus may visit their close relatives who are located in the north (i.e. spouse, father or mother, brother or sister, son or daughter, uncle or aunt, grandparent or grandchild or cousin) once a month for up to three days. Such Maronites will have to apply to the Turkish Cypriot authorities at the Ledra Palace crossing point 48 hours in advance.

5. As regards access to the northern part of the island, the Turkish Cypriot authorities will treat nationals of countries other than Cyprus who are of Greek Cypriot or Maronite origin in the same manner that they treat other nationals of the country concerned. In this way, such nationals may visit the northern part of the island by applying to the Turkish Cypriot authorities when crossing at the Ledra Palace crossing point.

6. Greek Cypriots located in the northern part of the island, after informing the police where they live of their destination and the duration of their stay, may undertake day-time travel to Nicosia, Famagusta and Kyrenia. At these locations, they may circulate freely. In Kyrenia, they may travel eastwards to Villa Firtina and westwards to Celebrity Hotel. Greek Cypriots may use the following routes of access to these locations:

        - Between the Karpas and Famagusta.

        - Between Famagusta and Nicosia.

        - Between Nicosia and Kyrenia.

The persons concerned may use public transportation as well as private vehicles, provided these are registered and insured in the north and provided they carry plates and the drivers have licences issued by the Turkish Cypriot authorities. They may visit Celebrity Hotel and other tourist installations in the vicinity, Mare Monte, Deniz Kizi and Jasmine Court hotels and restaurants on the roadways such as St. Tropez, Mirabelle, etc.

7. Maronites located in the northern part of the island, after informing the police where they live of their destination and the duration of their stay, may undertake day-time travel to Nicosia, Morphou, Kyrenia and Famagusta. At these locations, they may circulate freely. In Kyrenia they may travel eastwards up to Villa Firtina. For this purpose, they may use the following routes:

        - Between Myrtou and Morphou.

        - Between Myrtou and Kyrenia.

        - Between Myrtou and Nicosia (southern route).

        - Between Nicosia and Famagusta.

The persons concerned may visit Celebrity Hotel and other tourist installations in the vicinity, Mare Monte, Deniz Kizi and Jasmine Court hotels and restaurants on the roadways such as St. Tropez, Mirabelle, etc.

8. Telephones for public and private use will be installed in the villages where Greek Cypriots and Maronites live. This will be done as soon as the ongoing infrastructural work is completed.

9. Where necessary, the upkeeping of Greek Cypriot and Maronite places of worship and education in the northern part of the island will be carried out in accordance with current regulations.

10. There has never been any restriction on the circulation in the northern part of the island of newspapers published in south Cyprus. On a daily basis, newspapers and magazines may be obtained from the south through the Ledra Palace crossing point and may be brought freely to villages in the north inhabited by Greek Cypriots and Maronites.

11. Greek Cypriots located in the north may visit Apostolos Andreas Monastery on religious holidays, provided they do so in groups of no less than 20 persons.

12. The Turkish Cypriot authorities will carry out improvements to the infrastructural facilities in the region where Maronites live. These improvements will cover, inter alia, the water supply and road systems as well as the establishment of a medical centre in the Kormakiti area.

13. Some of the important Maronite holy places in the remote areas of the northern part of the island may be repaired, provided the Vatican makes necessary funds available through the Turkish Cypriot authorities.

14. Mail may be channelled to and from Greek Cypriots and Maronites lcoated in the north only through the mail service established by the Turkish Cypriot authorities.

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