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UNHRC

The document outlines the agenda for the UNCHR at DWMUN’25, focusing on human rights violations stemming from the division of Cyprus in 1974, which resulted in significant displacement and persecution of various communities. Delegates are tasked with identifying these violations and proposing innovative yet legally consistent mechanisms for protection within the historical context of the UN's capabilities at that time. The document also emphasizes the importance of thorough preparation and understanding of the UN's structure and past actions to effectively engage in the committee's discussions.

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0% found this document useful (0 votes)
18 views38 pages

UNHRC

The document outlines the agenda for the UNCHR at DWMUN’25, focusing on human rights violations stemming from the division of Cyprus in 1974, which resulted in significant displacement and persecution of various communities. Delegates are tasked with identifying these violations and proposing innovative yet legally consistent mechanisms for protection within the historical context of the UN's capabilities at that time. The document also emphasizes the importance of thorough preparation and understanding of the UN's structure and past actions to effectively engage in the committee's discussions.

Uploaded by

reenu1garg
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

DELHI PUBLIC SCHOOL

Whitefield

Agenda:
Human Rights Violations Arising from the
Division of Cyprus with emphasis on the
Protection of Displaced and Minority
Communities.
Freeze Date: August 16, 1974
Dear Delegates,
It is our distinct honour to welcome you to the
Historic United Nations Commission on Human
Rights (UNCHR) at DWMUN’25, hosted by DPS
Whitefield. This year, your committee will confront
the devastating consequences of one of the most
enduring and under-addressed humanitarian
crises in postwar Europe — the division of Cyprus
in 1974. On August 16, a ceasefire was declared
following a month-long conflict that left the
island ethnically divided, politically fractured,
and legally disoriented. Roughly 200,000 Greek
Cypriots were displaced from the north, while
thousands of Turkish Cypriots were
simultaneously displaced from the south.
Minority communities such as Maronites,
Armenians, and Latins faced erasure — of
identity, of access, and of safety. Religious sites
were desecrated. Thousands remain missing.
Thousands more were detained without due
process. Yet in 1974, the tools to respond to these
violations were only nascent. There was no
International Criminal Court.
The Refugee Convention of 1951 applied narrowly.
The European Court of Human Rights had
jurisdiction but no precedent. The Commission on
Human Rights had moral authority but lacked
enforcement teeth. This is the framework within
which you must act.
You are not tasked with resolving the Cyprus
conflict. You are tasked with identifying violations
arising from that conflict and imagining
institutional, legal, and humanitarian mechanisms
that the UNCHR — as it existed then — could have
adopted. These must be innovative, but they must
also be legally consistent with 1974’s
international framework. We urge you to examine:

1. How can displaced persons be protected when


states deny them the right to return?
2. What happens to missing persons in a legal
void?
3. Can religious and ethnic minorities be
safeguarded without state recognition?
4. How far can a human rights body intervene in
what two states claim as a political dispute?

Above all, ask yourselves this: What does human


dignity mean in a divided land? This guide is a
rigorous starting point. It offers context, case
studies, and legal frameworks — but it does not
offer final answers.
That responsibility now lies with you. We look
forward to a committee filled with principled
argument, legal nuance, and policy imagination.

With anticipation,
Aabid Maldar (Co-Chairperson)
BS Chetan Swaroop Reddy (Co-Chairperson)
Shlok Jaitley (Vice Chairperson)
The United Nations is an international
organisation founded in 1945 to maintain
international peace and security, developing
friendly relations among nations and promoting
social progress, better living standards and
human rights by 51 countries.

The United Nations has 6 principal organs. The


UN has 4 main purposes:
1) To keep peace throughout the world;
2) To develop friendly relations among nations;
3) To help nations work together to improve the
lives of poor people, to conquer hunger, disease
and illiteracy, and to encourage respect for each
other’s rights and freedoms;
4) To be a centre for harmonising the actions of
nations to achieve these goals.
General Research and Preparation Guidelines:

There are three consistently significant aspects of


representative planning: practical, meaningful, and
positional preparation. Practical readiness equips
representatives with essential tools, including a
clear understanding of the rules necessary to
perform effectively in committee. The meaningful
aspect involves acquiring specific information
relevant to the subject areas under discussion.
Positional planning requires students to adopt and
defend perspectives that are not their own. To
support this process, the Executive Board provides
three key resources: the Guide to Delegate
Preparation, Background Guides, and Position Papers.
Together, these materials will ensure that you are
fully prepared for the conference. In addition to
reading and understanding the provided content,
gaining practical experience through debate,
resolution drafting, presentations, and similar
exercises will greatly enhance your readiness.
Meaningful Preparation

The Background Guides are the result of extensive


research and effort by the Executive Board and
serve as the foundation for substantive
preparation in each committee. We strongly
recommend that you read them thoroughly,
discuss them with others, and revisit them
multiple times. If a delegate has not read and
absorbed the information contained in the
Background Guide, they will not be able to
contribute effectively to the committee’s
proceedings. Beginning your review of the
Background Guides early will allow you to fully
understand the topics at hand and begin
developing your own ideas. Remember that your
role is to act as a policymaker, analyzing the
information provided and shaping it into coherent
solutions and resolutions. Engaging in
discussions with other delegates will further help
you refine and expand your ideas. While the
Background Guide will form the core of your
substantive preparation, independent research
remains a valuable, rewarding, and essential
component of a successful conference
experience.
Positional Preparation

We expect delegates to consistently uphold the


position of their assigned country throughout the
Model UN simulation. This is a crucial element of
the “international” experience in MUN, as it
compels delegates to critically examine the
perspectives, challenges, and policies of a nation
other than their own at a fundamental level. It is
also one of the more difficult aspects of MUN, as
students must confront and set aside their
personal biases and national viewpoints in favour
of accurate, informed representation. Position
papers form the core of positional preparation
prior to the conference. Though generally brief,
we urge you to dedicate time and effort to
researching and writing them thoroughly.
Materials provided by the Executive Board are not
intended to replace your independent research.
Rather, they serve as a starting point,
encouraging you to ask critical questions about
the issues at hand. The best-prepared delegates
are those who treat the provided resources as the
foundation of their research and delve deeper
into the topic areas. Beyond these materials lies
a wide range of information sources, beginning
with official United Nations documents.
UN resources often include detailed statistics,
reports, and visual data such as charts and
graphs, all of which may be useful in deepening
your understanding of the issues. Many UN
documentation centres maintain comprehensive
records of past meetings, and one of the most
effective ways to understand your country’s
position is to observe it articulated directly by its
diplomats.

Explicit assets to research include:

Yearbook of the United Nations: The Yearbook


serves as a useful starting point for your
research. It provides an overview of actions
taken on your topic during a given year, along
with helpful references to past resolutions
and documents.
United Nations Chronicle: This publication
offers general information about the workings
of the UN. Pay special attention to feature
articles related to your topic area, as they
provide insights into the issue and the
positions of various countries.
UN Document Index: This comprehensive index
covers all UN documents and is available in
three versions: UNDI (1950–1973), UNDEX (1970–
1978), and UNODC (1979–present).
Depending on which version you use, you will
find subject indexes, country files, and an
alphanumeric listing of all published
documents. This system is useful because
each committee has a unique alphanumeric
prefix, enabling you to locate all documents
released by a committee in a specific year
regardless of the topic.
UN Resolutions: This collection is both
important and easy to use. It compiles all
resolutions from 1946 onward, allowing you to
consult the most recent index to find all
resolutions related to your topic that the UN
has ever passed.
Other UN Sources: Depending on the subject,
additional relevant UN materials may be
available, such as books and special reports
published by the World Health Organization
(WHO). Beyond UN sources, explore your
school and local libraries. Check journals,
magazines, and newspapers for more current
information, and do not hesitate to ask
librarians for assistance.
Books: Up-to-date books often provide depth
and accuracy that UN documents or
periodicals may lack. Be sure to search library
catalogs for relevant print materials. However,
book research can be time-consuming, so
exercise discretion when selecting books.
Periodicals: Periodicals are useful for
straightforward, current information on topics
(resources like Reader’s Guide to Periodical
Literature and InfoTrack serve as indexes for
these materials). However, do not expect them
to provide the level of detail necessary for the
conference.
People: An often-overlooked resource,
individuals can greatly assist your research.
Consider consulting librarians, experienced
delegates, staff advisors, and your
committee’s Director, Moderator, and Assistant
Directors. These individuals can not only help
you locate information but may also
recommend sources you had not considered.
Feel free to contact your committee Director
by phone or email.
Embassies and Consular Of ices: Reach out to
the government or consular offices of the
country you represent. These offices are
usually willing to support your research by
providing statistical data and other
unclassified information via mail.
A. Origins and Mandate

Established in 1946 by ECOSOC Resolution 5(I), the


United Nations Commission on Human Rights
(UNCHR) was the first permanent
intergovernmental body within the UN system
mandated explicitly to promote and protect
human rights. Its creation followed the horrors of
World War II and the Holocaust, embodying a
global consensus that peace would be
meaningless without the recognition of the
dignity and rights of every human being.

The UNCHR operated as a functional commission


under the Economic and Social Council (ECOSOC),
reporting to it rather than directly to the General
Assembly. This placed it structurally within the
economic and social development arm of the UN
— a deliberate design reflecting the belief that
human rights were inextricable from global
development, peace, and cooperation.
The Commission’s founding objective was twofold:
1. To draft international human rights
instruments, such as declarations and
conventions.
2. To address urgent human rights violations,
especially in situations that threatened
international peace or where entire
communities were systemically deprived of
their rights.

While its early years were marked by normative


development — most notably the Universal
Declaration of Human Rights (UDHR) in 1948 — by
the 1970s the Commission had become
increasingly active in responding to ongoing
crises, including apartheid in South Africa, racial
discrimination in Southern Rhodesia, and human
rights concerns in Chile and Palestine.

B. Composition and Procedural Structure

As of 1974, the UNCHR was composed of 32


Member States, elected by ECOSOC for staggered
three-year terms, with attention to regional
balance across five blocs:
3. African States
4. Asian States
5. Eastern European States
6. Latin American States
7. Western European and Other States (WEOG)
The Commission operated through annual
sessions held in Geneva, special sessions where
necessary, and ad hoc working groups and sub-
commissions. The Commission itself had no
standing judicial powers or enforcement
mechanisms; however, it could:
Pass resolutions condemning violations
Establish fact-finding missions or special
rapporteurs
Recommend action to ECOSOC or the UN
General Assembly
Support the drafting of binding international
legal instruments

All decisions were made by majority vote, and


while not legally binding, UNCHR resolutions
carried significant diplomatic and normative
weight.

C. Limitations in 1974: No ICC, No Human Rights


Council

It is crucial to understand what the UN human


rights system did not yet include as of August
1974:
The International Criminal Court (ICC) did not
exist.
The Human Rights Council (UNHRC) had not
yet replaced the UNCHR (that occurred in
2006).
The Refugee Convention (1951) was in effect
but narrowly applied and lacked enforcement
for internally displaced persons.
The European Court of Human Rights (ECHR)
had jurisdiction only over states party to the
European Convention, and even then, access
was limited.

Thus, the UNCHR in 1974 could not compel state


action, prosecute individuals, or unilaterally
mandate investigations on sovereign territory.
Instead, its influence lay in:
Exposing facts through documentation
Mobilizing public and intergovernmental
pressure
Catalyzing international norms that could be
codified into treaties

D. Thematic Expansion: From Normative Drafting to


Active Investigation

While the Commission began as a body focused


on drafting declarations (1946–1960s), by the
1970s it had developed quasi-operational
competencies, especially through:
The Sub-Commission on Prevention of
Discrimination and Protection of Minorities,
which could conduct in-depth studies.
The 1503 Procedure, established in 1970, which
allowed the Commission to receive
communications from individuals alleging “a
consistent pattern of gross and reliably attested
violations of human rights.”

This evolution made the UNCHR, by 1974, a potentially


powerful voice in conflicts such as Cyprus — where
patterns of displacement, arbitrary detention,
religious targeting, and cultural destruction were
unfolding in real time.

E. Precedents Prior to 1974

Understanding the historical actions of the


Commission is essential for this simulation. Prior to
the Cyprus crisis, the UNCHR had already addressed:
Apartheid in South Africa (since 1967): Establishing
a special rapporteur and pushing for sanctions
and legal mechanisms.
Palestine and the Occupied Territories (since
1968): Condemning forced displacement and
advocating for the rights of refugees.
Racial Discrimination in Southern Rhodesia:
Advocating for action through ECOSOC and the
General Assembly.
Bangladesh (East Pakistan Crisis, 19711): While not
officially seized of the matter, several members
brought forward resolutions concerning the rights
of displaced persons during the war of secession.
These precedents demonstrate that while the
Commission lacked enforcement authority, it could
still trigger global awareness, shape General
Assembly action, and lay the groundwork for future
legal accountability.

F. Applicability to Cyprus

In 1974, the Commission had a limited but significant


window of opportunity to:
1. Collect and verify human rights violations
occurring in real time on the island.
2. Define the legal status of displaced persons and
minorities under the UDHR and international
humanitarian law.
3. Establish thematic rapporteurs or investigative
missions (e.g., for missing persons, minority
communities, or occupied religious institutions).
4. Coordinate with other UN bodies, such as UNFICYP
(UN Peacekeeping Force in Cyprus), the Secretary-
General, and the General Assembly.

Your task as delegates is to exercise the fullest


potential of this mandate without assuming powers or
institutions that did not exist in 1974. Creativity is
welcome — but must remain anchored in law,
precedent, and the structure of the UN system as it
was.
G. Key Institutional Tools Available in 1974

Instrument Description Relevance

Allowed UNCHR to
May be used to trigger
consider confidential
investigations into
ECOSOC communications from
disappearances,
Resolution individuals or groups
collective expulsions,
1503 (1970) about consistent
and systemic targeting
patterns of human rights
of minorities.
violations.

Individuals appointed by
Delegates may propose
the Commission to
the creation of a
Special investigate and report on
rapporteur on displaced
Rapporteurs specific human rights
persons or cultural
issues or country
destruction
situations.

UNCHR could submit Critical for escalating


UN General
resolutions to ECOSOC violations that may
Assembly
and GA for broader require condemnation or
Referrals
action. sanctions.

Obliges UN members to
The legal basis for
promote respect for and
UN Charter – invoking member state
observance of human
Article 55 & 56 responsibility to protect
rights and fundamental
displaced persons.
freedoms.

Can be cited to defend


While not a treaty, it
right to property,
UDHR (1948) provided a widely
movement, return,
recognized benchmark.
religious freedom, etc.
A. Overview

The year 1974 marks a pivotal rupture in the history


of the Republic of Cyprus. What began as a coup
d’état and a subsequent military intervention rapidly
escalated into the most significant displacement
crisis in Europe since World War II. By the time a de
facto ceasefire took effect on 16 August 1974, the
island stood effectively divided into a northern
region occupied by Turkish forces and a southern
region under the control of the internationally
recognized Government of Cyprus.
The consequences were immediate and severe: the
displacement of nearly one-third of the population,
the destruction and looting of cultural and religious
sites, the emergence of enclaved minorities, and the
systemic erosion of civil and political rights. This
agenda situates itself not in the realm of territorial
disputes or geopolitical settlements, but within the
human cost of political failure. The focus of this
committee is not on who should govern Cyprus, but
rather on how the events of 1974 systematically
violated the fundamental rights of persons across
ethnic lines, particularly displaced civilians, ethnic
and religious minorities, and those caught in zones
of occupation, internment, or deprivation.
Delegates are required to investigate and respond to
these human rights violations within the institutional
and legal constraints of the UN system as it existed
in 1974. While the Commission lacked binding
enforcement powers, it played a crucial role in
shaping global awareness, framing violations in legal
terms, and initiating humanitarian responses.

B. Chronology of Events: From Power-Sharing to


Partition

1960: The Republic of Cyprus is established through


the Zurich-London Agreements, following the end of
British colonial rule. The new constitution mandates a
power-sharing arrangement between Greek and
Turkish Cypriots. The Treaty of Guarantee is signed
between Cyprus, Greece, Turkey, and the United
Kingdom to ensure the independence, territorial
integrity, and constitutional order of Cyprus.

1963–1964: Constitutional breakdown occurs as


President Archbishop Makarios proposes
amendments perceived as threatening by the Turkish
Cypriot minority. Intercommunal violence breaks out.
Turkish Cypriots withdraw from government
institutions. The United Nations establishes the UN
Peacekeeping Force in Cyprus (UNFICYP) under
Security Council Resolution 186.
1967–1973: Sporadic clashes continue. Turkish
Cypriots live in isolated enclaves. The Government
of Cyprus remains dominated by Greek Cypriot
interests. Greece experiences a military
dictatorship (1967–1974), with increasing influence
over Cypriot domestic affairs.

15 July 1974: A military coup in Cyprus,


orchestrated by the Greek junta and executed by
the Cypriot National Guard, overthrows President
Makarios. Nikos Sampson, a hardline Enosis (union
with Greece) advocate, is installed as President.

20 July 1974: Turkey launches a military


intervention (Operation Atilla) citing its rights as a
guarantor power under the 1960 Treaty of
Guarantee.

22 July 1974: A UN-brokered ceasefire fails to hold.

14 August 1974: Turkey launches a second offensive


(Operation Atilla II), capturing over one-third of the
island’s territory.

16 August 1974: A de facto ceasefire is established.


Cyprus is now geographically and demographically
divided.
C. Consequences of the 1974 Division

1. Mass Displacement
a. An estimated 200,000 Greek Cypriots—nearly
35% of the Greek Cypriot population—were forcibly
displaced from the northern areas now under
Turkish control.
b. Simultaneously, approximately 50,000 Turkish
Cypriots were displaced from the south, either by
fear, coercion, or population transfer agreements.
c. Internally displaced persons were not protected
under the 1951 Refugee Convention, which did not
apply to internal displacement.

2. Missing Persons and Arbitrary Detention


a. Over 1,500 Greek Cypriots and approximately 500
Turkish Cypriots were reported missing in the
immediate aftermath.
b. Civilians and combatants were detained in
makeshift prisons. Families received no information
on whereabouts or conditions.
c. Multiple reports emerged of summary
executions, enforced disappearances, and torture.

3. Cultural and Religious Destruction


a. Hundreds of Greek Orthodox churches and
monasteries were desecrated, looted, or
repurposed in the north.
b. Islamic and Maronite religious sites in the south
suffered similar damage or neglect.
c. Cultural heritage, including manuscripts, icons,
and mosaics, were trafficked and sold in
international markets.

4. Enclaved Populations and Minority Suppression

a. Approximately 20,000 Greek Cypriots remained in


enclaves in the north (particularly in Rizokarpaso,
Agia Triada, and Kormakitis).
b. These populations were subject to movement
restrictions, denial of education, and religious
suppression.
c. The Maronite, Armenian, and Latin Catholic
minorities faced cultural erasure and lack of legal
recognition.

5. Denial of Property and Return

a. Displaced persons were not permitted to return


to their homes.
b. Properties were appropriated or redistributed
without compensation.
c. Legal avenues for restitution were unavailable or
unrecognized.
D. Applicable Legal Instruments in Force in 1974

While the international legal system in 1974 lacked


enforcement mechanisms for many of these
abuses, several key instruments did apply:

1) Universal Declaration of Human Rights (1948):


a) Article 9: No one shall be subjected to
arbitrary arrest, detention or exile.
b) Article 13: Everyone has the right to freedom
of movement and residence… and to return to
their country.
c) Article 17: No one shall be arbitrarily deprived
of property.
2) Geneva Convention IV (1949):
a) Article 49: Prohibits forced transfers and
mass expulsions.
b) Article 147: Identifies grave breaches,
including torture and unlawful confinement.
3) Treaty of Guarantee (1960):
a) All parties are obliged to respect the
independence and territorial integrity of
Cyprus.
b) Military action must be limited to restoring
the constitutional order.
4) UN Charter Articles 55 & 56:
a) Mandate member states to promote universal
respect for human rights and fundamental
freedoms.
E. UN Response as of the Freeze Date

1. The United Nations Peacekeeping Force in Cyprus


(UNFICYP) had been operating since 1964, tasked with
preventing renewed fighting and contributing to the
maintenance of law and order.
2. In July and August 1974, the UN Security Council
adopted Resolutions 353, 354, and 355, calling for a
ceasefire, withdrawal of foreign troops, and respect
for Cyprus' sovereignty.
3. No specific human rights mechanism or fact-
finding body had yet been deployed by the UNCHR
or ECOSOC.
4. Humanitarian relief was being coordinated by
UNHCR and ICRC, but with limited access to enclaved
areas.

F. Core Human Rights Questions Raised

1. Can internally displaced persons be granted


protections akin to refugees under the existing
framework?
2. Are population transfers, even those agreed to by
authorities, lawful when they eliminate ethnic
presence?
3. How can the UNCHR investigate violations behind
military lines or in areas inaccessible to UN forces?
4. What frameworks exist in 1974 to protect cultural
heritage during occupation?
5. Can the Commission call for the right of return and
restitution without breaching state sovereignty?
Introduction
This section provides in-depth, evidence-based case
studies of the principal categories of human rights
violations stemming from the division of Cyprus.
These are not merely anecdotal; they represent
documented systemic patterns of abuse and neglect
— and form the factual backbone of the committee’s
deliberations.

I. Greek Cypriot Displacement from the North


Background:
Following the second Turkish military offensive (14–16
August 1974), Turkish forces occupied approximately
36.2% of Cyprus’s territory. In a matter of days, an
estimated 160,000–200,000 Greek Cypriots were
displaced from the occupied northern zone — over
one-third of the island’s total population and nearly
60% of the Greek Cypriot community.
Entire urban and rural districts were emptied:
Famagusta (population: ~40,000): Residents fled
as Turkish tanks entered the city. The suburb of
Varosha was sealed off entirely.
Kyrenia, Morphou, and Karpas regions witnessed
mass civilian flight under threat of violence or
occupation.
Displaced persons were denied return, their
homes and possessions often expropriated by
the Turkish Cypriot administration or Turkish
settlers.
Legal Framework Violated:
UDHR Article 13(2): Right to return to one’s
country.
Geneva Convention IV, Article 49: Prohibits forced
transfer of civilians in occupied territory.
UN Charter Article 55: Guarantees respect for
human rights without discrimination.

II. Turkish Cypriot Displacement from the South


Background:
While lesser in absolute number, Turkish Cypriot
displacement was no less significant. Between July
and August 1974:
Roughly 45,000–50,000 Turkish Cypriots fled or
were evacuated from southern villages (e.g.,
Limassol, Paphos, Larnaca, Nicosia suburbs).
In many cases, these communities had lived in
guarded enclaves since the 1963–64
constitutional crisis, and were now relocated to
the north either voluntarily, forcibly, or via UN-
supervised population exchanges.

Conditions During Transfer:


Some convoys were attacked or delayed.
Internment, arbitrary detention, and looting of
Turkish Cypriot property in the south were
reported.
UNFICYP escorted evacuations, but not all
transfers were voluntary.
Legal Framework Violated:
UDHR Article 17: Right to property.
Geneva Convention IV, Article 147: Unlawful
confinement and inhumane treatment.
Customary humanitarian law: Displacement
without informed consent is prohibited.

III. Enclaved Greek Cypriots in Rizokarpaso (Karpas


Peninsula)
Background:
Approximately 20,000 Greek Cypriots remained in the
north post-ceasefire, primarily in Rizokarpaso, Agia
Triada, and Kormakitis. By late August 1974, these
communities were effectively trapped in the Turkish-
controlled region.
Documented violations:
Denial of secondary education beyond
rudimentary levels.
Travel restrictions: Movement outside the village
required permits or escorts.
Food aid and medical supplies were either
delayed or selectively blocked.
Intimidation campaigns by local militias and
settlers resulted in a slow but deliberate exodus
by attrition.

Legal Framework Violated:


UDHR Article 26: Right to education.
International Covenant on Civil and Political Rights
(ICCPR), Art. 12 (though not yet universally
ratified): Right to liberty of movement.
Geneva Convention IV, Article 27: Protection of
civilians in occupied territory.

IV. Suppression of Maronite, Armenian, and Latin


Catholic Minorities
Background:
Ethnoreligious minorities in Cyprus have long held
distinct cultural identities protected under the 1960
Constitution. After the events of July–August 1974,
these groups became functionally stateless within
the de facto partitioned zones.
Key Developments:
Maronite villages (e.g., Kormakitis, Asomatos): Cut
off from Maronite ecclesiastical leadership in the
south; churches seized or shuttered.
Armenians in Nicosia and Larnaca: Many fled,
others found themselves classified arbitrarily
under Greek or Turkish ethnic lines.
Latin Catholics: Lost access to religious
infrastructure and faced denial of cultural rights.

Legal Framework Violated:


UDHR Articles 18 and 27: Freedom of religion and
protection of minority culture.
UN General Assembly Res. 217C (III): Protection of
minority rights.
Treaty of Establishment (1960): Guarantees the
autonomy of religious minorities.
V. The Missing Persons Crisis
Background:
The fog of war in July–August 1974 resulted in over
2,000 individuals declared missing by both
communities:
Greek Cypriot missing persons: Roughly 1,619
individuals, many last seen under military arrest
or during village sieges (e.g., Asha, Kyrenia,
Nicosia suburbs).
Turkish Cypriot missing persons: Around 500
persons, often detained in retaliation by
paramilitary forces or police.

Documented Violations:
Families received no information, violating their
right to truth.
Discovery of mass graves, some disturbed or
unmarked, in subsequent months.
Bodies of executed individuals used in prisoner
swaps, with no forensic identification.

Legal Framework Violated:


Geneva Convention IV, Article 130: Outlaws
summary executions.
ICRC Customary Law Rule 117: Parties must
account for missing persons.
UDHR Article 5: Prohibition of torture or cruel
treatment.
A. Introduction to the Legal Framework (As of 1974)

The events of July–August 1974 in Cyprus,


culminating in a de facto territorial partition and the
mass displacement of civilians, raise complex legal
issues under human rights law, humanitarian law,
and treaty law. However, as of the freeze date, the
international legal architecture remains constrained.
There is no International Criminal Court, no legal
codification of apartheid or ethnic cleansing, and no
binding legal mechanisms for internally displaced
persons. Despite this, multiple binding and non-
binding legal sources provide a clear standard of
rights, and states—including the Guarantor Powers—
are obligated to uphold them. This section outlines
the relevant legal instruments, institutional powers
of the UNCHR, and the basis on which human rights
violations must be assessed in committee.

B. Primary Legal Instruments


1. Universal Declaration of Human Rights (UDHR, 1948)

As a non-binding resolution adopted by the General


Assembly, the UDHR provides the universal minimum
standard of human dignity and rights. While not
legally enforceable in itself, it is customary
international law by 1974 and guides all UN agencies.
Relevant Articles:
Article 5: No one shall be subjected to torture or
to cruel, inhuman or degrading treatment or
punishment.
Article 9: No one shall be subjected to arbitrary
arrest, detention or exile.
Article 13(1)-(2): Right to freedom of movement and
the right to return to one’s country.
Article 17: No one shall be arbitrarily deprived of
his property.
Article 18: Right to freedom of thought, conscience
and religion.
Article 27: Right to participate in cultural life and
to protection of one’s cultural heritage.

Application: These articles are the basis for claims


regarding displacement, enforced disappearances,
minority rights, and religious persecution in Cyprus.

2. Geneva Convention IV (1949) – Relative to the


Protection of Civilian Persons in Time of War

Cyprus ratified all four Geneva Conventions in 1960.


Turkey ratified them in 1954. These Conventions are
therefore fully applicable to the Cyprus conflict.

Key Provisions:
Article 27: Protected persons shall be treated
humanely… without adverse distinction.
Article 49: Deportation or transfer of protected
persons from occupied territory is prohibited.
Article 147: Grave breaches include willful killing,
torture, inhuman treatment, and unlawful
confinement.

Application: The mass displacement of Greek


Cypriots, alleged executions, and forced population
transfers violate Articles 49 and 147. The status of
enclaved civilians in the north also triggers Article 27
protections.

3. UN Charter
As a UN member, Cyprus—and by extension all
involved parties—are bound by the UN Charter.

Relevant Articles:
Article 1(3): The UN shall promote respect for
human rights.
Article 55: UN shall promote conditions of
stability based on respect for human rights.
Article 56: All members pledge to take joint and
separate action to achieve these ends.

Application: The actions of both Greece and Turkey,


as well as the Government of Cyprus, must be
measured against these standards. All are
affirmatively bound to uphold rights, not just avoid
violations.
4. Treaty of Guarantee (1960)
Signed by Cyprus, Greece, Turkey, and the United
Kingdom to ensure the independence, territorial
integrity, and constitutional order of the Republic of
Cyprus.

Key Provisions:
Article I: Prohibits any action to promote union
(Enosis) or partition (Taksim).
Article II: Guarantees the independence and
territorial integrity of Cyprus.
Article IV: Permits unilateral military action by
guarantor powers only to restore the
constitutional order.

Application: The Greek junta’s coup violated Article I.


Turkey claims justification under Article IV. However,
the extent of military action, the occupation of
territory, and the failure to restore constitutional
order may render Turkey’s actions excessive or
inconsistent with the treaty’s objectives.

5. UN Security Council Resolutions


As of 16 August 1974, the following resolutions are in
force:
Resolution 353 (20 July 1974): Calls for ceasefire
and respect for Cyprus’s sovereignty.
Resolution 354 (23 July 1974): Demands ceasefire
compliance.
Resolution 355 (1 August 1974): Urges negotiations
under the UN Secretary-General’s auspices.
Resolution 186 (1964): Establishes UNFICYP and
affirms the constitutional order of Cyprus.

Application: While these resolutions are not legally


binding in the same way as Chapter VII measures,
they reflect the consensus of the Security Council
and establish the baseline for permissible action.
Turkey’s continued occupation and failure to
facilitate return may conflict with 353 and 355.

C. ECOSOC and UNCHR Powers (As of 1974)

1. ECOSOC Resolution 1503 (1970)


The Communications Procedure This resolution
allows the Commission to consider confidential
communications from individuals or NGOs regarding
a consistent pattern of gross and reliably attested
violations of human rights.
Procedure:
Petitions are examined by the Sub-Commission on
Prevention of Discrimination and Protection of
Minorities.
If admissible, the Commission may initiate an
investigation, request responses from the state
concerned, or recommend action to ECOSOC.

Application: Displacement, disappearance, and


minority suppression in Cyprus may constitute such
a “pattern.” Delegates may invoke 1503 to initiate an
official UNCHR inquiry.
2. Creation of Special Rapporteurs
The Commission may appoint a Special Rapporteur or
Working Group to investigate a thematic or country-
specific issue.
Precedents prior to 1974:
South Africa (apartheid)
Chile (political repression)
Palestine (occupation-related rights violations)

Application:
A Rapporteur on Cyprus could be proposed to:
Investigate missing persons
Monitor enclaved civilian conditions
Report on minority cultural destruction

D. Gaps in the Legal System (As of 1974)


It is equally important to acknowledge what does not
exist as of the freeze date:
No International Criminal Court
No Convention on the Protection of Displaced
Persons (beyond 1951 Refugee Convention)
No definition of ethnic cleansing
Limited access to the European Court of Human
Rights
No official UN convention on enforced
disappearances

Implication: Delegates must work within existing


frameworks or propose advisory declarations and
procedural innovations without assuming institutions
that have not yet been created.
E. Legal Precedents in UN Action
The following cases illustrate how the UN has
previously responded to similar crises:
Apartheid in South Africa (1967–74): UNCHR used
resolutions, reports, and special rapporteurs to
document and condemn systemic human rights
abuse.
Palestinian Territories (1967–): Focus on
displacement, loss of property, and religious
freedom under occupation.
East Pakistan (Bangladesh, 1971): Massive
displacement and repression were raised in
ECOSOC, though no direct UNCHR action occurred.
1.How can the UNCHR affirm and operationalize the
right of displaced persons to return to their
homes or receive adequate compensation within
the legal framework available in 1974?
2.What investigatory or reporting mechanisms can
be proposed to document and address the issue
of missing persons and enforced disappearances
on both sides of the conflict?
3.How can the Commission safeguard the rights
and cultural autonomy of enclaved and minority
communities—such as Maronites, Armenians, and
Latins—amidst limited UN access and ongoing
occupation?
4.What legal tools can be used to challenge or
monitor the unlawful seizure, repurposing, or
destruction of religious and cultural property
during the conflict?
5.To what extent can the UNCHR apply ECOSOC
Resolution 1503 or propose new procedures to
collect testimony, verify patterns of abuse, and
ensure international visibility of human rights
violations in Cyprus?

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