Armenians in Cyprus - Legal Status and Representation

Legal Status and Representation

With the Independence of Cyprus, on 16 August 1960, under Article 2 § 3 of the Constitution, the Armenians, the Latins and the Maronites were recognised as “religious groups”. In the referendum held on 13 November 1960, all three religious groups opted to belong to the co-religious Greek-Cypriot community (as it was expected), something which consequently defined their political options in the game of inter-communal controversy and somewhat affected their relations with the Turkish-Cypriots, who in turn viewed them as an extension of the Greek-Cypriot political choices. This is why the religious groups were treated similarly or even worse during the inter-communal troubles (1963–1964) and the brutal and unlawful Turkish invasion (1974).

Article 110 § 3 recognises the administrative autonomy of the religious groups’ Churches, as it was established with the Hatt-ı Hümayun in 1856. According to Article 111, the three Churches retain their powers regarding matters of personal status. Law 95/1989 transferred the jurisdiction of the ecclesiastical courts to the family courts, the configuration of which was defined by Law 87(I)/1994; of the three religious groups, only the Armenians participate in their workings.

In accordance with the provisions of Article 109 of the Constitution, Armenian-Cypriots were given political representation: as a result of their choice to belong to the Greek-Cypriot community, an Armenian and a Latin participated in the Nicosia members of the Greek Communal Chamber, while a Maronite participated in the Kyrenia members (Colonial Law 36/1959, Colonial Law 6/1960 and Greek Communal Chamber Law 8/1960). The two Communal Chambers, which acted as a Lower Parliament, had jurisdiction over all religious, educational, cultural and other affairs of communal nature (Article 87).

With the secession of the Turkish-Cypriots from the common state in 1963 and the self-dissolution of the Greek Communal Chamber in 1965, it was decided to transfer the executive powers of the Greek Communal Chamber to the newly-formed Ministry of Education and its legislative powers to the House of Representatives (Law 12/1965). According to the Decision of the Council of Ministers 4.907/29–07–1965, it was decided that the three Representatives would provisionally continue to represent their communities in the House on issues pertaining to the jurisdiction of their Chamber and that the House was to request their opinion before legislating on pertinent matters (Law 12/1965). In order to approximate the tenure of the other MPs, the term of the three Representatives was annually extended (Law 45/1965, Law 49/1966, Law 50/1967, Law 87/1968 and Law 58/1969). The status of the three Representatives’ status in the House of Representatives was confirmed with Law 58/1970 and furthermore specified with Law 38/1976, Law 41/1981 and Law 66(I)/2011. As of 1991, the elections for the three Representatives take place simultaneously and in parallel with the general parliamentary elections and the Representatives’ term is exactly the same with that of the proper MPs (Law 70/1986).

The Representatives act as liaisons between their communities and the state and they are par excellence competent to bring before the state all issues relating to their group. Their participation has a 5–year duration and a consultative character, as although they can express their views on matters relating to their group, they do not have the right to vote. Especially in the case of the Armenians, the Representative delivers a speech about the Armenian Genocide during the plenary session of the House convened on or near the 24 April each year. So far, there have been six (6) Armenian Representatives: Berge Tilbian from Nicosia (1960–1970), Dr. Antranik L. Ashdjian from Nicosia (1970–1982), Aram Kalaydjian from Larnaca (1982–1995), Bedros Kalaydjian from Larnaca (1995–2005), Dr. Vahakn Atamyan from Nicosia (2005–2006) and Vartkes Mahdessian from Nicosia (2006–today ).

The Representatives enjoy the same privileges as the other MPs (non-liability, immunity, remuneration, tax exemptions etc.), they attend the plenary sessions of the House, they participate in the Parliamentary Committee for Education and the Consultative Committee for Private Education of the Ministry of Education and Culture, while as of 1999 they appoint the Elder MP of their group. Although they can express their views on matters relating to their group, they do not have the right to vote. Additionally, the Armenian and the Maronite Representatives consult with the Minister of Education and Culture, in relation to the latter's suggestion to the Council of Ministers regarding the appointment of the Armenian Schools' Committee and the Maronite Schools' Committee (Law 103(I)/1999).

As of 1998, the elected Representative is ex officio member of the Diocesan Council (Թեմական Ժողով) of the Armenian Ethnarchy (Ազգային Իշխանութիւն).