Legal framework on freedom of religion and actual application
Article 18 of the Constitution of the Republic of Cyprus guarantees freedom of religion. Religious discrimination is prohibited, which also safeguards the right of individuals to profess their faith, worship, teach, practice or observe their religion, whether individually or collectively, in private or in public. Such rights can only be limited on grounds of national security, constitutional order, public health, safety, morals, or the protection of civil rights and liberties. The same article of the constitution specifies that all religions are free and equal before the law, so long as their doctrines or rites are not kept secret. Furthermore, it safeguards an individual’s right to change his or her religion and prohibits the use of any type of coercion to make a person change, or prevent a person from changing, his or her religion.
Article 110 of the constitution grants the Autocephalous Greek Orthodox Church of Cyprus and the Vakf, an Islamic institution, exclusive rights regarding their internal affairs and properties. It also prohibits legislative, executive, or other acts which contravene or interfere with the Orthodox Church or the Vakf.
These institutions alongside the other constitutionally recognized denominations (Maronite Catholics, Armenian Orthodox, and Roman Catholics) are exempted from taxes and all receive subsidies and financial assistance from the state.
Religious groups not recognized in the constitution can register as non-profit organizations and they are eligible to apply for tax exemptions. However, this status does not entitle them to receive any financial support from government institutions.
Military service in the Republic of Cyprus is mandatory. Conscientious objectors on religious grounds may be granted exemption from active military duty or reservist service in the National Guard but must complete alternative service.
Article 19 of the constitution guarantees that every person has the freedom of speech and expression in any form. However, according to the articles 141 and 142 of the Cypriot Criminal Code, deliberately offending any person’s religious feelings is a criminal offence. Additionally, publishing books, pamphlets, letters or articles in magazines and newspapers with the intent of humiliating a religion, or insulting those who follow it, is considered a misdemeanor and is punishable by law.
Religious education is compulsory in Greek Cypriot schools at the pre-primary, primary and secondary level, with two hours mandated per week. The national curricula on religious education, as well as the textbooks and teacher handbooks, are the same for all schools. The content emphasizes Greek Orthodox tradition and Greek identity. By contrast, religious education in Turkish Cypriot schools is compulsory for one hour a week in primary schools, with the exception of the first three years of primary education. It is not mandatory during secondary education. The content of religious education in Turkish Cypriot schools focuses on the Sunni tradition and Turkish identity.
Since 2019, the law requires stunning animals before slaughter. No exemptions exist for religious reasons. Jewish representatives were again denied exemptions from the Department of Veterinary Services during this reporting period. The Council of Ministers submitted and then withdrew legislation which would have allowed for exemptions for kosher and halal slaughter following complaints from animal rights activists. The Jewish community has also complained of the continued prevalence of performing autopsies on deceased persons of Jewish heritage where no suspicious circumstance arose, despite such practices violating Jewish religious doctrine.
Incidents and Developments
An essential aspect of the complicated ethnic and religious landscape of Cyprus is the fact that, since 1974, Cyprus remains divided with the southern part of the island controlled by the Government of the Republic of Cyprus, and the northern part administered by Turkish Cypriots, who proclaimed the "Turkish Republic of Northern Cyprus".
The division resulted in the Greek Cypriots (mostly Orthodox Christians) fleeing south and Muslim Turkish Cypriots taking refuge in the north. This division also cut through religious communities on both sides, and restricted access to important religious sites, including the Hala Sultan Tekke mosque in the south and the Saint Barnabas monastery in the north.
Since 2019, when Turkey sent drilling ships to the coast of Cyprus to explore natural gas, tensions between Cyprus, the European Union, and Ankara have escalated leading the European Parliament to pass a resolution condemning Turkey with the additional threat of sanctions. In July 2022, the Turkish government announced that it would begin preparing to continue gas exploration efforts despite EU threats of sanctions.
Police reported 33 hate crimes in 2021 to the OSCE’s Hate Crime Reporting database, which does not include hate speech offenses. Among the 33, the vast majority were categorized as having xenophobic and racist motivations. Given Cyprus’ position on the East Mediterranean migratory route, with Turkey as the thoroughfare, it is difficult from the reporting statistics to determine whether the xenophobic and racist intent of the alleged crimes related to migrants or to the ongoing tensions between Greek and Turkish Cypriots, which might then add a religious dimension to the motive. The database reported two antisemitic hate crimes, two crimes based on anti-Muslim motives (with one being a physical attack), and two hate crimes based on another religion or belief. Other sources reported one anti-Christian hate incident to the database involving the desecration of an abandoned Armenian Orthodox monastery by holding an unauthorized rave on the location.
The Observatory on Intolerance and Discrimination Against Christians in Europe reported three additional anti-Christian incidents in 2021-22: the arrest of a 36-year-old male for stealing sacred vessels from a Nicosia chapel in the spring of 2022, the arrest of a 21-year-old male for repeated theft and vandalism of a church in Nicosia between 21 December 2021 and 4 January 2022, and the arrest of Christian worker in January 2021 for ‘importing’ Bibles into Northern Cyprus.
During the reporting period, Muslim communities lamented that they were only allowed access to six of the 19 mosques designated as cultural heritage sites. In some cases, this was because of the lack of ablution or bathroom facilities on site.
In March 2021, on Greek Independence Day, the Episkopi mosque in Limassol was vandalized with graffiti depicting crosses, Greek flags and nationalist slogans. The attack was counter-balanced by the swift response of the local community, and religious and political leaders on both sides. A report published by the UN High Commissioner for Human Rights referenced attacks on other religious sites occurring on both Orthodox and Muslim sites, but did not provide further details or whether the attacks occurred during the relevant reporting period.
Because of the Covid-19 pandemic, restrictions were imposed on the territory of the Republic of Cyprus during 2020, affecting public manifestations of religion and worship. It also prevented both Christian and Muslim worshippers to cross “The Green Line” separating the two parts of the island to visit their temples and religious sites. Between 1 December 2020 and the 30 November 2021, 50 requests to hold religious services and events in the Northern part of the island to UNFICYP for facilitation were submitted, of which 22 were approved.
Strict regulations were implemented during Easter and Christmas celebrations. Some clergymen, however, did not fully comply with the law. The most significant violation took place in a church in Peristerona, where the Orthodox Bishop of Morphou, Metropolitan Neophytos of the Church of Cyprus, held a Mass to celebrate Palm Sunday with the participation of members of the public. Police decided to investigate the case. In 2021, the Bishop of Morphou challenged the fines received for violating the lockdown regulations as being unconstitutional.
On 27 April 2021, religious leaders, as part of the Religious Track of the Cyprus Peace Process, published a joint statement urging leaders to “pay special attention to the living religious heritage of our island and improve our possibility to access, use and restore our places of worship and cemeteries that have been separated from their worshipers as a result of the decades-long unresolved Cyprus conflict”.
On 15 September, the education minister announced that the government would discontinue a disciplinary investigation launched in 2020 against an art teacher and headmaster Mr Yiorgos Gavriel, after complaints about his work were received from the Archbishop of the Greek Orthodox Church of Cyprus and other figures. The complaints related to offensive depictions of Jesus Christ.
From 2-4 December 2021, Pope Francis made an official visit to Cyprus which was widely covered by the national media. An open-air mass was held at a Nicosia sports stadium with 10,000 people reportedly in attendance. Prior to this, Pope Francis arranged to have “50 migrants from Cyprus … relocated to Italy”. Cyprus government spokesman, Marios Pelekanos, stated: “This is a tangible expression of solidarity by the Head of the Roman Catholic Church to people in need, affirming that the Vatican recognises the problem that the Republic of Cyprus faces today because of the increased migratory flows and the need for a fair distribution among EU member states.”
On 7 November 2022, Archbishop Chrysostomos II died aged 81 leaving the Orthodox Church of Cyprus “facing an uncertain future”. Archbishop of New Justinian and All Cyprus since 2006, he developed ecumenical relations especially with the Catholic Church, welcoming Popes Benedict VXI and Francis to the island nation. Archbishop Chrysostomos II undertook several changes within the Orthodox Church, notably amending the electoral system of the 1914 Cypriot Orthodox Church Charter “giving greater power to the faithful”, altering the boundaries of the metropolises, and easing “the procedures for ecclesiastical divorce”.
There were no adverse judgments by the European Court of Human Rights against the government of Cyprus in the area of religious freedom during the reporting period, nor were there any newly communicated cases to the government.
Prospects for freedom of religion
Religious and ethnic factors present in the Cypriot conflict have paved the way for external actors to take an active part in it promoting their political and economic agendas. As religious identity is often tied to ethnic identity in Cyprus, instilled through Cypriot culture and education, tensions between the two sides are perpetuated.
Despite the political situation, religious representatives continue to remain united in reconciliation and peace initiatives. They have also been proactive in condemning religiously motivated attacks.
Tensions between Turkish and Greek Cypriots will likely be a long-term fixture on the island. So too will be the societal marginalization of minority religions by the majority Greek Orthodox population. Religious leaders and the Cypriot government seem genuinely devoted to religious freedom and peaceful co-existence. Given this good will, the prospects for freedom of religion in Cyprus are positive.
Cyprus