Evaluating the anti-discrimination law in the Republic of Cyprus: A critical reflection

Cyprus Review

Volumn 20, Issue 2, 2008, Pages 79-116

  Trimikliniotis, Nicos ^a   Demetriou, Corina ^a  

^a NONE

Author keywords

Anti discrimination acquis; Direct and indirect discrimination; Ethnic conflict; National question

Indexed keywords

EID: 62249093789     PISSN: 10152881     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (111)

1. A number of expert reports on discrimination were produced since 2003. See Cyprus Report on Measures to Combat Discrimination in the EU Countries: A Comparison between council Directives and national legislation on the grounds of racial or ethnic origin, gender, sexual orientation, disabilities, age, religion or belief- Report on Cyprus, 2007, for EU Commission report on behalf of Human European Consultancy and the Migration Policy Group, at [http://ec.europa.eu/employment_social/fundamental_rights/pdf/legnet/cyrep07_en. pdf], accessed on 10 August 2008.
2. Only the Greek- and Turkish-Cypriot people are recognised by the constitution as 'communities', endowed with specific power-sharing rights; three other ethnic groups (Armenians, Latins, Maronites), who only have certain minority rights (see note 4), are treated by the constitution as religious groups.
3. Trimikliniotis, Nicos (2003) Report on Measures to Combat Discrimination in the 13 Candidate Countries (VT/2002/47). Country Report Cyprus.
4. Studies that expand on this are beyond the scope of this paper, but see the ECRI reports 2001, 2006 and several studies produced for RAXEN 2004-2008 by Trimikliniotis and Demetriou.
5. In an area of 9,251 sq. kilometres, the total population of Cyprus is around 754,800, of whom 666,800 are Greek Cypriots (living in the Cyprus Republic-controlled area). In 1960 Turkish Cypriots constituted 18% of the population, whilst the smaller 'religious groups' - Armenians, Latins, Maronites and Others' - referred to in the Constitution, comprised 3.2% of the population. For the purpose of the Constitution a 'religious group' means a group of persons ordinarily resident in Cyprus, who profess the same religion and either belong to the same rite or are subject to the same jurisdiction thereof. The number, on the date the Constitution came into operation, exceeded one thousand out of which at least five hundred became citizens of the Republic on that same day. The Constitution recognised two Communities, the Greeks and the Turks, and three 'religious groups' (Maronites, Armenians and Latins). These groups could exercise their civil duties and enjoy political rights as members of either of the two communities but they were obliged to opt for one or other of the communities. They opted to belong to the Greek community.
6. For more on the Maronites see lacovou (1994).
7. For more on the Armenians of Cyprus see Ashdjian (2001).
8. For more on the Latin minority in Cyprus see "The Latin Community in Cyprus", Interview by Latin Representative Benito Mantovani, The Cyprus Weekly, 1-7 September 2000.
9. The term 'Rroma' tends to be used to describe the Cypriot Roma population (see Kenrick and Taylor, 1986; Williams, 2000). This paper, however, uses the more general 'Roma' to describe this population of Cyprus which is said to have been over a thousand. In 1960 they were classified as part of the Turkish-Cypriot community due to their Muslim faith; however the 'mantides' , who were Christian Roma, were classified as part of the Greek-Cypriot community (Kenrick and Taylor, 1986; Williams, 2000; Kyrris, 1969, 1985). In fact they were never politically organised to have any voice in their affairs, although there is certainly an important internal social arrangement.
10. The 2001 report reads: "A number of problematic issues still need to be addressed considering at the same time that there are particular circumstances, including constitutional matters, to be taken into account in the case of Cyprus. These issues include the obligation for religious groups and their members to choose adherence to the Greek-Cypriot or to the Turkish-Cypriot community, and the impossibility for Turkish Cypriots to cast a vote in elections and to conclude civil marriages, including with Greek Cypriote". Since then the law has been changed and Turkish Cypriots can now vote and run in all elections in the south (provided that they are residents there, so the above now applies to those resident abroad or in the north). The problem with this law is that (a) the Turkish-Cypriots are placed on the same electoral roll as Greek-Cypriots and (b) the exception to the rule is that they cannot run in the presidential elections.
11. The case was Attorney General of the Republic vs. Mustafa Ibrahim and Others (1964) CLR 195. See Negati, 1970; Loizou, 2001; Nicolaou, on such date 2000.
12. Over 300,000 visits have taken place so far. The restrictions on freedom of settlement and stay are, however, still enforced, and Greek Cypriots evicted from their homes during the 1974 Turkish army invasion, still cannot enjoy their houses and property in the occupied northern area. The treatment of displaced Greek Cypriots who have visited their homes over the last few months by average Turkish-Cypriot people who live in them has, on the whole, been quite remarkably welcoming and friendly.
13. The figure represents the number of crossings and not the number of persons who have crossed the dividing line; many have crossed the line several times. The number is derived from Nicos Trimikliniotis' own estimates.
14. See Corrigendum to Council Regulation (EC) No 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol 10 to the Act of Accession (OJ L 161, 30.4.2004), at [http://eur-lex.europa.eu/smartapi/gi/sga_doc? smartapi!celexplus!prod!CELEX numdoc&lg=en&numdoc=304R0866R(01], accessed on 20 October 2008.
15. The Report is illuminating: "It is enough to observe that the difficulties in implementing the Treaties began almost immediately after independence... The events which have taken place since December of 1963 have created a situation which makes it impossible to return to the previous situation" (para 129). See [http://www.cyprus-conflict.net/galo_plaza_ Report.htm], accessed on 20 October 2008.
16. As the Plaza Report notes, the restrictions enacted by the Constitution were viewed by both the Turkish Cypriots and the Turkish government as a means to secure the treatment of Turkish Cypriots as a "community with distinct political rights", and not as a minority, whereas Greek Cypriots saw the very same provisions as a hindrance to what they considered exercising their 'legitimate' majority rights, including the right to self-determination.
17. The same Report notes: "The violent sharpening of 'national' sentiments over the months of crisis will for some time make it extremely difficult for officials at all levels to impose or even exercise strict impartiality towards all the citizens of the country, and without that impartiality and understanding there will be a constant risk of acts of discrimination, even if laws are respected in the formal sense. Furthermore, there are personal hatreds, which will last beyond any political settlement".
18. See endnote 3.
19. Such as the Centre for the Study of Migration, Interethnic and Labour Relations.
20. Such as MIGS.
21. PIC.
22. E.g., the Cyprus Labour Institute.
23. For a more detailed treatment on the matter of migration and racism in Cyprus see ECRI, 2001, 2006. Also see Trimikliniotis (1999) "New Migration and Racism in Cyprus: The Racialisation of Migrant Workers", chapter in a book edited by Anthias, F. and Lazaridis, G.: Into the Margins: Migration and Exclusion in Southern Europe, 1999, Avebury, Ashgate, pp. 139-178.
24. The negotiations between the community leaders began on 3 September 2008.
25. See article 2(1) and 2(2). In 1960 Turkish Cypriots constituted 18% of the population and Greek-Cypriots 78%.
26. As referred to in the Constitution, the 'religious groups', consisting of Armenians, Latins, Maronites and Others', constituted 3.2% of the population. For the purposes of the Constitution a 'religious group' means a group of persons ordinarily resident in Cyprus, who profess the same religion and either belong to the same rite or are subject to the same jurisdiction thereof. The number, on the date the Constitution came into operation, exceeded one thousand out of which at least five hundred became citizens of the Republic on that same day. The Constitution recognised two Communities, the Greeks and the Turks, and three 'religious groups' (Maronites, Armenians and Latins). These groups could exercise their civil duties and enjoy political rights as members of either of the two communities but they were obliged to opt for one or other of the communities. They opted to belong to the Greek community.
27. See for instance Charalambos Kittis et al vs. Republic of Cyprus through the Commission for Public Service (8 December 2006, Appeal No. 56/06).The case is discussed in detail in the Cyprus Country Report of the European Network of Legal Experts in the non-discrimination field (state of affairs up to 8 January 2007) available at [http://ec.europa.eu/ employment_social/fundamentaLrights/pdf/legnet/cyrep07_en.pdf], accessed on 20 October 2008.
28. Law on Persons with Disability N. 127(1)/2000 as amended by Law 57(1)/2004, Law N 72(1)/2007 and Law N102(1)/2007.
29. Law on Persons with Disabilities 127(1)/2000 as amended, article 5.
30. Second ECRI Report on Cyprus adopted on 15 December 2000, Strasbourg 3 July 2001, Council of Europe.
31. By enacting Law No. 13(111)72002 dated 19 April 2002.
32. Cyprus Ombudsman Report No. AKR 61/2004, dated 10 June 2005. The Report was communicated by the Ombudsman to the Ministers of Interior, External Affairs and Justice and to the House of Representatives.
33. Aliens and Immigration Law, as amended by Law 8(1)/2007, article 18Z(1).
34. Aliens and Immigration Law, as amended by Law 8(1)/2007, article 18Z(2).
35. The case of Motilla stands out amongst these as a most significant development in the transposition and implementation of Directive 2003/109/EC on long-term residency of third country nationals, affecting many thousands of migrants who will not be able to access the residency rights provided in the Directive.
36. The Additional Protocol to the Convention against Cybercrime concerning the Criminalisation of Acts of Racist or Xenophobic Nature committed through Computer Systems (Ratification) Law N. 26(III)/2004.
37. The Convention on the Elimination of All Forms of Discrimination (Ratification) Law, N. 12/1967.
38. Laws amending the Convention on the Elimination of All Forms of Discrimination (Ratification) Law, No. 11(III)/1992 and 28(III)/1999.
39. Laws amending the Convention on the Elimination of All Forms of Discrimination (Ratification) Law, No. 11(III)/1992 and 28(III)/1999.
40. In criminal case No. 31330/99 (12 December 2001) where the accused was actually convicted and a term of imprisonment was imposed. This is a District Court decision and is unreported; no additional details are available publicly.
41. The wording reads "any person who publishes any words or documents or makes any visible representation whatsoever with a seditious intention is guilty of a felony and is liable to imprisonment for five years".
42. This is deemed to be seditious intention for the purposes of the above offence under article 47.
43. A person who commits any of those acts is "guilty of a misdemeanour and is liable to imprisonment for twelve months or to a fine of one thousand pounds or to both such penalties and, if a body corporate, to a fine of three thousand pounds" [CYP £1,000 amounts approximately to € 1,700; CYP £3,000 amounts approximately to €5,000].
44. See Opinion on Racial Profiling, submitted to the EU Network of Independent Experts on Fundamental Rights by the Cyprus Expert Achilleas Demetriades, 31 August 2006, pp. 4-5.
45. This law uses the term 'disability' and not 'special needs', as used in the Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law of 2004.
46. The Attorney General's office holds the view that a Supreme Court judgement of 2001 (Yiallourou vs. Evgenios Nicolaou) establishes a precedent whereby any person suffering discrimination in the enjoyment of his/her Constitutional rights on the grounds, inter alia, of, race, community, colour, religion, language or national origin, can sue the state or private persons and claim damages or other civil law remedies. The Attorney General's office also considers this remedy to be "... additional, and of wider ambit..." than the procedure offered by the law transposing the Race Directive: Information on developments since the Second Report on Cyprus (adopted on 15 December 2000) pp. 2-3.
47. The relevant section reads: "Cyprus has ratified all major human rights conventions and signed Protocol 12 to the European Convention on Human Rights on 4 November 2000 prohibiting discrimination on any grounds. Whereas Art. 28 (2) of the Constitution prohibits any direct or indirect discrimination against any person on the grounds of his community, race, religion, language, sex, political or other convictions, national or social descent, birth, colour, wealth, social class, or any ground whatsoever, there is no specific implementation legislation for the EC non-discrimination directives adopted in 2000."
48. The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004).
49. The Equal Treatment (Racial or Ethnic Origin) Law No. 59(1)/2004 (31 March 2004).
50. The Equal Treatment in Employment and Occupation of 2004 No. 58 (1)/2004 (31 March 2004).
51. The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004), Section 3.(1).(a), Part I.
52. These Conventions are: Protocol 12 of the European Convention for Human Rights and Fundamental Freedoms; the International Convention for the Elimination of All Forms of Racial Discrimination; the Framework Convention for the Protection of National Minorities; the Covenant for Civil and Political Rights and the Convention Against Torture and Inhuman and Degrading Treatment or Punishment.
53. The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004), Section 3(1).(b), Part I.
54. Which time limit shall not exceed 90 days from publication in the Official gazette [The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004), Section 28].
55. The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004), section14(2) and section 14(3), Part III, list the limitations to the Commissioner's power to issue orders as follows: where the act complained of is pursuant to another law or regulation, in which case the Commissioner advises the Attorney General accordingly, who will advise the competent Ministry and/or the Council of Ministers about measures to be taken to remedy the situation [The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004), Sections 39(3) and 39(4)]; and where discrimination did not occur exclusively as a result of violation of the relevant law; where there is no practical direct way of eradicating the situation or where such eradication would adversely affect third parties; where the eradication cannot take place without violating contractual obligations of persons of private or public law; where the complainant does not wish for an order to be issued; or where the situation complained of no longer subsists.
56. The fine to be imposed cannot exceed CYP £350 for discriminatory behaviour, treatment or practice [The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004), Section 18(a)], CYP £250 for racial discrimination in the enjoyment of a right or freedom [The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004), Section 18(b)], CYP £350 for non-compliance with the Commissioner's recommendation within the specified time limit [The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004), Section 26(1) (a)] and CYP £50 daily for continuing non-compliance after the deadline set by the Commissioner [The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)72004 (19 March 2004), Section 26(1) (b)]. Generally speaking, the fines are considered to be very low.
57. The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)72004 (19 March 2004), Section 24(1).
58. The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)72004 (19 March 2004), Section 23.
59. Term used in Section 146 of the Cyprus Constitution, which sets out the procedure for appeal to the Supreme Court of Cyprus.
60. Law No. 42(1)72004 (19 March 2004), art. 33.
61. Law No. 42(1 )/2004 (19 March 2004), art. 34(2).
62. Article 3 of the Constitution.
63. The case was Attorney General of the Republic vs. Mustafa Ibrahim and Others (1964) CLR 1995. See Nedjati, 1970; Loizou, 2001; Nicolaou, 2000.
64. The initials ECtHR refer to the European Court of Human Rights, whilst the ECHR refers to the European Convention of Human Rights
65. Given that Greek Cypriots are almost entirely Christians and Turkish Cypriots entirely Moslem.
66. File No. A.K.R. 29/2004. This case is discussed in the Cyprus Country Report of the European Network of Legal Experts in the non-discrimination field (state of affairs up to 8 January 2007) available at [http://ec.europa.eu/ employment_social/fundamental_rights/pdf/legnet/cyrep07_en.pdf], accessed on 20 October 2008.
67. Eli Erel and Mustafa Damdelen vs. The Republic of Cyprus through the Interior Minister and the Attorney General (30 April 2007) Supreme Court of Cyprus, Case No. 759A/2006.
68. ECHR/no. 69949/01 (22 June 2004), Reported at [http://www.echr.coe.int/ eng/Press/2004/June/ChamberJudgmentAzizvCyprus220604.htm], accessed on 20 October 2008. The case is discussed in the Cyprus Country Report of the European Network of Legal Experts in the non-discrimination field (state of affairs up to 8 January 2007) available at [http://ec.europa.eu/employment_social/ fundamental_rights/pdf/legnet/cyrep07_en. pdf], accessed on 20 October 2008.
69. Law on the Exercise of the Right to Elect and Be elected by the Members of the Turkish Community who have their Normal Residence in the Government-Controlled Area (21 January 2006).
70. Law on Persons with Disabilities No. 57(1)2004 (31 March 2004). This law was subsequently amended in 2007 to introduce more favourable provisions for persons with disability and in order to rectify the wrong transposition of the reversal of the burden of proof.
71. Equal Treatment in Employment and Occupation of 2004 No. 58 (1)72004 (31 March 2004). This law was subsequently amended in 2006 in order to rectify the wrong transposition of the reversal of the burden of proof.
72. The Equal Treatment (Racial or Ethnic Origin) Law No. 59(1)72004 (31 March 2004). This law was subsequently amended in 2006 in order to rectify the wrong transposition of the reversal of the burden of proof.
73. The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law N. 42(1)/2004 (19 March 2004).
74. As required by Directive 2000/78, Article 16 and Directive 43/200/EC, Article 14.
75. Article 16(1) The Equal Treatment in Employment and Occupation Law No. 58 (1)/2004 (31 March 2004) and Article 10(1) The Equal Treatment (Racial or Ethnic Origin) Law No. 59(1)/2004 (31 March 2004).
76. The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law N. 42(1)72004, articles 39(1) and 39(3) respectively.
77. Law on Persons with Disabilities N. 127(1)2000, article 9(2).
78. Article 9(3) of the Law on Persons with Disabilities N. 127(1)2000.
79. Article 5(1A) of the Law on Persons with Disabilities N. 127(1)2000, as amended by Law 72(1)72007.
80. Law amending the Equal Treatment (Racial or Ethnic origin) No. 147(1)72006; Law amending the Equal Treatment in Employment and Occupation Law N. 50(1)72007; Law amending the Law on Persons with Disability N. 72(1)72007.
81. The Equal Treatment (Racial or Ethnic Origin) Law No. 59(1)72004 (31 March 2004) Article 7(2).
82. Directive 2000/78, Paragraph 33 of the Preamble; Articles 13 and 14. Also, Directive 43/200/EC, Preamble paragraph 23. During the drafting of the various National Action Plans, the trade unions were consulted but were neither informed whether any or all of their proposals had been accepted or not, nor were any reasons given; they viewed the final National Action Plans published. The only NGO dealing with racism and racial exclusions at the time (KISA) was not consulted in the formation of National Action Plans (for Employment, Social Inclusion, Education).
83. Directive 2000/78, Article 12 and Directive 43/200/EC Article 10. Although Turkish is one of the two official languages of the Cyprus Republic, none of the new instruments (or indeed any former ones or even the Official Gazette) are translated into Turkish, thus rendering it difficult for members of the Turkish-Cypriot community to be informed about and utilise the new procedures available. No alternative means are used, for example Braille, to inform disabled people of non-discriminatory measures.
84. With the exception of two seminars, little other Government organised activity has taken place. A number of civic initiatives and the collaboration of NGOs with government departments have emerged recently, mostly in the form of EU-funded projects. One such project is the national campaign with the slogan "For Diversity Against Discrimination". See [http://www.stop- discrimination.info/index.php7id=5514].
85. In his 2006 Report (dated 29 March 2006), the Commissioner for Human Rights of the Council of Europe, Mr. Alvaro Gil-Robles, expresses regret that the necessary increase in funding to deal with the extra work-load has not been provided to the ombudswoman 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 May 2006, ECRI also stresses the need for resources to be made available to the Ombudswoman to enable her to respond to her tasks.
86. As provided by Directive 43/200/EC, Article 13. The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004), Article 44 empowers the specialised body to conduct research and collect statistics, however, no such research or statistics have been collected, or any definition of the categories verified for the collection of such relevant statistics.
87. Some of them have been convicted and imprisoned.
88. Russian source
89. Nicos Trimikliniotis and Corina Demetriou (2008) Thematic Legal Study on Homophobia and Discrimination on Grounds of Sexual Orientation - Cyprus, February 2008, Expert Report for the Fundamental Rights Agency of the EU, Vienna;
90. Nicos Trimikliniotis and Stavros Stavrou Karayanni (2008) The Social Situation Concerning Homophobia and Discrimination on Grounds of Sexual Orientation in Cyprus, Policy Document for SIMFILIOSI, May 2008.
91. See Avgoustina Hajiavraam vs. The Cooperative Credit Company of Morphou (no. 258/05 delivered on 30 July 2008).
92. As required by Directive 78/2000/EC, Article 16 and Directive 43/200/EC, Article 14.
93. Article 16(1) The Equal Treatment in Employment and Occupation Law No. 58 (1)/2004 (31 March 2004) and Article 10(1) The Equal Treatment (Racial or Ethnic Origin) Law No. 59(1)/2004 (31 March 2004).
94. Letter from Director of Labour Department of Ministry of Labour to the authors. Discussed further in Article 4.7.4.(e).
95. Law amending the Equal Treatment (Racial or Ethnic origin) No. 147(1)/2006.
96. The Equal Treatment (Racial or Ethnic Origin) Law No. 59(1)/2004 (31 March 2004) Article 7(2).
97. Directive 78/2000/EC, Paragraph 33 of the Preamble; Articles 13 and 14. Also, Directive 43/200/EC, Preamble paragraph 23. During the drafting of the various National Action Plans, the trade unions were consulted but were neither informed whether any or all of their proposals were accepted or not, nor were any reasons given; they viewed the final National Action Plans published. The only NGO dealing with racism and racial exclusions at the time (KISA) was not consulted in the formation of National Action Plans (for Employment, Social Inclusion, and Education).
98. Directive 78/2000/EC, Article 12 and Directive 43/200/EC Article 10. Although Turkish is one of the two official languages of the Cyprus Republic, none of the new instruments (or indeed any former ones or even the Official Gazette) are translated into Turkish, thus rendering it difficult for members of the Turkish-Cypriot community to be informed about and utilise the new procedures available. No alternative means are used, for example Braille (for the blind), to inform disabled people of non-discriminatory measures.
99. With the exception of two seminars little other Government organised activity has taken place. A number of civic initiatives and the collaboration of NGOs with government departments have emerged recently, mostly in the form of EU-funded projects. One such project is the national campaign with the slogan "For Diversity. Against Discrimination". See [http://www.stop- discrimination.info/index.php7id =5514].
100. As provided by Directive 43/200/EC, Article 12.
101. Third ECRI Report on Cyprus, adopted on 16 December 2005, Strasbourg 16 May 2006, Council of Europe.
102. The Equal Treatment (Racial or Ethnic Origin) Law No. 59(1)/2004 (31 March 2004) Section 13.
103. Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004, art. 18.
104. In October 2004, the Ombudsman, Eliana Nicolaou, presented a Report to a Committee of the House of Parliament, where she criticised the police as having the lowest rate of compliance with her decision (Reported in Hadjivasilis, M. (2004) "Ston kalatho ta 40% ton ektheseon tis Epitropou" in Phileleftheros (28 October 2004). However, since 2005 a special Police complaints authority has been set up which has effectively removed jurisdiction from the Ombudsman, but not necessarily the Equality Body.
105. As provided by Directive 43/200/EC, Article 13. The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004), Article 44 empowers the specialised body to conduct research and collect statistics, however no such research or statistics have been collected, or any definition of the categories verified for the collection of such relevant statistics.
106. As provided by Directive 43/200/EC, Article 11.
107. The Combating of Racial and Some Other Forms of Discrimination (Commissioner) Law No. 42(1)/2004 (19 March 2004), Article 40. The Specialised Body declined an offer to participate in an EQUAL project to develop such codes of conduct for employment, preferring instead of to leave it to other Government departments to participate.
108. Even MPs, who are lawyers by profession do not seem to be aware that the Equality Body can make binding decisions, as was discovered during the debates on the rights and freedom of movement of homosexual partners of EU citizens in Cyprus following a report by the Anti-discrimination body (see File No AKP 68/2008).
109. For the latest report for the Network of Legal Experts on Cyprus see Demetriou, C. (2008) CYPRUS COUNTRY REPORT 2007, State of affairs up to 29 February 2008. For the latest published report see Trimikliniotis, N. (2007) CYPRUS COUNTRY REPORT 2007 (State of affairs up to 29 February 2008), European Network of Legal Experts in the non-discrimination field (on the grounds of Race or Ethnic Origin, Age, Disability, Religion or Belief and Sexual Orientation) at [http://ec.europa.eu/employment_social/fundamentaLrights/pdf/ legnet/cysum07_ en.pdf].
110. For an analysis on public human rights organisations, see Trimikliniotis, N. (2008) Thematic Legal Study on National Human Rights Institutions and Human Rights Organisations - Cyprus, September 2008, Expert Report for the EU Fundamental Rights Agency, Vienna.
111. Ibid.