39. Right to freedom of movement (1948 UDHR, art. 13(1); 1969 ICERD, art. 5(d)(i)): anyone who is
on the northern part of the island and who does not have a European identity document or visa,
or passport from certain allowed countries,42 cannot cross to the south side of the island; they
will be stopped at the checkpoints by the RoC police. This includes people who were born and
raised on the north side of the island, but also international students who are studying at
northern universities and have a “TRNC student visa”, and tourists from non-EU countries on a
“TRNC tourist visa”. An exception is made for children who have one parent who is a RoC national
(who otherwise cannot acquire RoC nationality themselves), or people who are married to an
RoC national. These people are allowed to cross. However, they are not allowed to travel from
the south side to other countries. They cannot for example take flights from Larnaca airport
(which is even more problematic because of the ban on direct travel to/from north Cyprus).
40. Consequently, any non-Turkish person who belongs to this group of people not allowed to cross,
is not able to reach their embassy, since there are no embassies in the north (except for the
Turkish embassy). This creates different problems. For example, international students who give
birth in the north are not able to obtain travel documents for their children; tourists cannot go to
their embassy for help and protection; international students cannot prolong their travel
documents; etc.
41. Protection of, and reporting on, human rights: for people living in the north, including RoC
nationals, the Republic of Cyprus does not investigate and/or report on human rights violations.
The “occupied territories” are systematically left out of all human rights reporting.43 Although the
RoC does not control the territory in the north, they do claim this territory as their jurisdiction,
and at least a part of its population as their population. Seeing as no other state reports on the
human rights situation in Northern Cyprus, and political leaders of north and south are involved
in a process of peace negotiation, it might be a positive step for the RoC to, in cooperation with
the “TRNC political leaders”, do research on, and report on, the human rights situation in North
Cyprus.
The lack of a statelessness determination procedure
42. Related to the challenges around registration, documentation and acquisition of nationality
highlighted above, are those of statelessness status determination. The RoC does not have a
statelessness determination procedure in place, and this can result in the exclusion and denial
of rights, particularly to migrants and failed asylum seekers, who nonetheless are (at risk of)
statelessness.
43. While the RoC has an obligation to ensure that all persons who have a right to RoC nationality
can exercise this right without any impediment (including those of mixed parentage), it should
also implement a dedicated statelessness determination procedure to ensure that all stateless
persons who live in the RoC (and who do not have a right to RoC nationality) are identified,
protected and offered pathways to facilitated naturalisation.
44. However, the RoC does not at present have a specific procedure for the determination of
statelessness. The identification of stateless persons is critical in a country’s ability to
guarantee the rights of stateless persons living within its borders. Thus, the RoC has the
42
43
Nationalities allowed to cross are: USA, Canada, Australia, Switzerland, Israel, Moldova, and Serbia.
See also: Prologue Consulting Ltd. (2015) North Cyprus: Child Rights Situation Analysis (CSRA) 2015. A study
commissioned by SOS children’s village: p. 8-9.