Legal Framework
The constitution prohibits religious discrimination and protects the right of individuals to profess their faith and to worship, teach, and practice or observe their religion, individually or collectively, in private or in public, subject to limitations due to considerations of national security or public health, safety, order, and morals or the protection of civil liberties. The constitution specifies all religions whose doctrines or rites are not secret are free and equal before the law. It protects the right to change one’s religion and prohibits the use of physical or moral compulsion to make a person change, or prevent a person from changing, his or her religion.
The constitution grants the Autocephalous Greek Orthodox Church of Cyprus (Church of Cyprus) the exclusive right to regulate and administer the Church’s internal affairs and property in accordance with its canons and charter. By law, the Church of Cyprus pays taxes only on commercial activities.
The constitution sets guidelines for the Islamic Vakf, which is tax exempt and has the exclusive right to regulate and administer its internal affairs and property in accordance with its laws and principles. According to the constitution, no legislative, executive, or other act may contravene or interfere with the Church of Cyprus or the Vakf. The Vakf, which acts as caretaker of religious properties in the Turkish Cypriot community, operates only in the area administered by Turkish Cypriots. The government administers and provides financial support for the physical maintenance of mosques in government-controlled areas.
In addition to the Church of Cyprus and Islam, the constitution recognizes three other religious groups: Maronite Catholics, Armenian Orthodox, and Latins (Roman Catholics). Their institutions are tax exempt and eligible for government subsidies for cultural and educational matters, including to cover costs to operate their own schools, for school fees of group members attending private schools, and for activities to preserve their cultural identity.
Religious groups not recognized in the constitution must register with the government as nonprofit organizations in order to engage in financial transactions and maintain bank accounts. To register, a religious group must submit through an attorney an application to the Registrar of Companies under the Ministry of Energy, Commerce, and Industry stating its purpose and providing the names of its directors. Religious groups registered as nonprofit organizations are treated the same as other nonprofit organizations; they are tax exempt, must provide annual reports to the government, and are not eligible for government subsidies.
The government has formal processes by which religious groups may apply to use restored religious heritage sites for religious purposes.
According to a public school regulation, students are not permitted to cover their heads in school. The regulation explicitly states, however, that it should be implemented without discriminating against a student’s religion, race, color, gender, or any political or other convictions of the student or the parents.
The law requires animals to be stunned before slaughter; no religious exemptions are granted.
The government requires Greek Orthodox religious instruction and attendance at religious services before major Greek Orthodox religious holidays in public primary and secondary schools. The Ministry of Education (MOE) may excuse primary school students of other religious groups from attending religious services and instruction at the request of their guardians, but Greek Orthodox children in primary school may not opt out. The MOE may excuse secondary school students from religious instruction on grounds of religion or conscience and may excuse them from attending religious services on any grounds at the request of their guardians or at their own request if over the age of 16.
The Office of the Commissioner for Administration and Protection of Human Rights (Ombudsman) is an independent state institution responsible for protecting citizens’ rights and human rights in general. The Ombudsman may investigate complaints made against any public service agency or official for actions that violate human rights, including freedom of religion, or contravene the laws or rules of proper administration. The Ombudsman makes recommendations to correct wrongdoings but cannot enforce them.
Conscientious objectors on religious grounds are exempt from active military duty and from reservist service in the National Guard but must complete alternative service. The two options available for conscientious objectors are unarmed military service, which is a maximum of four months longer than the normal 14-month service, or social service, which is a maximum of eight months longer than normal service but requires fewer hours of work per day. The penalty for refusing military or alternative service is up to three years’ imprisonment, a fine of up to 6,000 euros ($7,400), or both. Those who refuse both military and alternative service, even if objecting on religious grounds, are considered to have committed an offense involving dishonesty or moral turpitude and are disqualified from holding elected public office and ineligible for permits to provide private security services.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Although requests for access to religious sites declined due to government-imposed COVID-19 mitigation measures, religious leaders on both sides of the island said this issue remained a top priority. As of year’s end, the Ministry of Interior (MOI) had not responded to a letter from Imam Shakir Alemdar, representative of the Mufti, regarding the Department of Antiquities’ August 2019 closure of the Limassol Great Mosque for restoration. The Department of Antiquities took the action without previously informing the Muslim community of the nature of, or timeline for, the restoration.
Muslim community leaders stated the government continued to allow the community access for religious services to only six of the 19 mosques located on cultural heritage sites as well as to two other mosques not located on such sites. Of the eight functioning mosques, seven were available for all five daily prayers and six had the necessary facilities for ablutions. The government again failed to respond to the Muslim community’s longstanding request for permission to make improvements at the functioning mosques, and there was no change from previous years in either the number of open mosques or the number of ablution and bathroom facilities available at those mosques. The Bayraktar and Dhali Mosques had no ablution facilities and no bathrooms. Imam Shakir reported that the functioning mosque in Paphos was too small for the size of the Muslim population, holding approximately 100 worshippers, compared with an estimated Muslim population of approximately 5,000 in the area. He said the Department of Antiquities did not approve his request to allow the use of the recently restored Grand Mosque of Paphos. In 2019, the MOI said that installing facilities at Dhali Mosque was difficult due to limited space near the mosque but that it planned to identify a suitable location and develop new plans. MOI officials had not provided an update as of year’s end.
The Department of Antiquities and Imam Shakir agreed on plans for the installation of bathrooms and ablution facilities at the Bayraktar Mosque. Shakir reported the Department of Antiquities informed him that the plans had been submitted in October to the MOI to initiate the project. Construction, however, had not begun by year’s end.
Hala Sultan Tekke Mosque, the most important Islamic religious site in the country, continued to be the only one of the eight functioning mosques not regularly open for all five daily prayers. The Department of Antiquities classified the mosque as an “ancient monument” and continued to keep it open only for standard museum hours, limiting access to the mosque to two of the five daily prayer times during most of the year. The imam reported the mosque remained open 24 hours daily only during Ramadan. Due to COVID-19 restrictions, only a few persons attended. Ramadan services were recorded and uploaded on YouTube. According to the Department of Antiquities and the mosque’s imam, the imam still had to ask permission from the MOI and Department of Antiquities to keep the mosque open after 5 p.m. in the autumn and winter months and after 7:30 p.m. in the spring and summer months. The imam said the authorities routinely granted permission.
In October, the imam of Hala Sultan Tekke Mosque reported that security guards stationed at the complex by the Department of Antiquities sometimes did not require visitors to wear appropriate clothing when entering the mosque.
In previous years, the government waived visa requirements for the movement of non-Turkish Cypriot pilgrims crossing the “green line” into the south to visit Hala Sultan Tekke Mosque to conduct prayers and services on special occasions. The United Nations Peacekeeping Force in Cyprus (UNFICYP) facilitated these movements. No such requests were submitted during the year due to the COVID-19 pandemic.
Representatives of the Jewish community continued to report that authorities performed autopsies on deceased members of the community for deaths that were not suspicious, a practice they said violated Jewish religious beliefs and practice. They stated that despite their continuing efforts to raise the issue with government authorities during the year, it remained unresolved.
Jewish representatives again reported that Department of Veterinary Services’ officials denied exemptions from the requirement to stun animals before slaughter following a 2019 department decision to no longer grant exemptions for religious slaughter. The Jewish community reported it was able to import kosher meat from other European Union (EU) countries at a significantly higher cost than if it were locally available. In early April, the Council of Ministers submitted to the House of Representatives a bill allowing kosher and halal slaughter of animals, i.e., without stunning. The government withdrew the bill on April 24 following strong reactions by animal rights activists. Jewish community leadership reported sending letters on the issue to all members of the House of Representatives, the President of the Agriculture Committee, and the President of the Chamber of Commerce. On December 17, the EU Court of Justice ruled that EU member states may impose a requirement to stun animals prior to slaughter and that such a requirement does not infringe on the rights of religious groups.
Jewish representatives again said the government continued not to respond to their longstanding request to grant the Chief Rabbinate of Cyprus the right to sign official documents as an authorized party, including marriage, death, and divorce certificates.
A Jehovah’s Witnesses representative said that Jehovah’s Witnesses were still not allowed to bury their adherents in some municipal cemeteries – which were often managed by local Greek Orthodox churches – despite asking the MOI for assistance with the municipalities in 2019.
Representative of the Mufti of Cyprus Imam Alemdar said the Larnaca Turkish cemetery was completely full and that new land for Islamic burials was required. In February, he sent a letter to the MOI requesting that a Vakf property near Hala Sultan Tekke Mosque be made available as a cemetery. According to the representative of the Mufti, an MOI official denied the request in February, saying there was space for burials in the existing cemetery.
The military continued to require recruits to take part in a common prayer led by Church of Cyprus clergy during swearing-in ceremonies. Recruits of other faiths, atheists, and those who did not wish to take the oath for reasons of conscience could refrain from raising their hand during the ceremony. They instead recited a pledge of allegiance at a separate gathering.