Notices in English are recommended to IKYK by the Administrative Commissioner
In a series of recommendations to the Cyprus State Scholarship Foundation (IKYK), the Office of the Commissioner for Administration and Human Rights is making a report following a complaint submitted to the Office by a Turkish Cypriot citizen of the Republic in relation to the rejection of his request for the language of publication of notices and scholarship applications but and rejection of his application for a scholarship for doctoral studies at the University of Cyprus for the academic year 2021/2022. The recommendations concern the publication of notices and applications in the English language, to consider the possibility of publishing the notices in the Turkish language as well and to review the complainant's application.
In particular, the complainant addressed the Office of the Administrative Commissioner because, as he argued, the announcements and applications of the IKYK are only published in Greek, which according to him creates discrimination against non-Greek speaking Cypriot citizens. He further complained that although he finally succeeded using online translation applications to apply for a PhD scholarship at the University of Cyprus for the academic year 2021/2022, his application was ultimately rejected by the IKYK in September 2022 because , as mentioned in a relevant letter, he had not presented an identity card recognized by the Republic, had not served in the National Guard and had completed his undergraduate studies at an academic institute not recognized by the Republic.
In addition, the complainant reported to the Administrative Commissioner's Office that he had submitted with his application to the IKYK a civil identity card of the Republic of Cyprus, which, in any case, the Foundation, during the examination of the application, could ask him to send it (as his requested to send other documents), he did not serve in the National Guard because, as a Turkish Cypriot, he has no obligation, nor possibility, under the Law to perform military service and also that he completed his undergraduate studies at a recognized University in Turkey and, precisely because that is recognized, he was subsequently accepted for postgraduate studies in Higher Educational Institutions operating in the Republic of Cyprus.
A complaint about the issue of language, as noted in the report of the Commissioner of Administration, was submitted to the Office of the Commissioner of Administration by a second T/C citizen, a doctoral student at the Laboratory of Biotechnology and Molecular Virology of the University of Cyprus when he was accidentally informed that the IKYK had published information for the provision of a state scholarship to doctoral students, but both the applications for the scholarship on the IKYK website, as well as the relevant announcement about the possibility of claiming the scholarship, were published only in the Greek language.
According to the report, the President of the IKYK answered the relevant questions raised by the Office of the Commissioner of Administration limiting himself to stating that the Board of Directors of the IKYK decided that “the Foundation will always continue to act on the basis of the established practice followed by most Ministries, government Departments of the Public Service and the wider public sector, issuing its announcements and forms only in the Greek language”.
After examining the relevant legislation as well as the Constitution of the Republic and the relevant jurisprudence, the Office of the Commissioner reached a series of conclusions according to which, based on the jurisprudence of the Supreme Court in relation to the law of necessity, it follows that the IKYK does not have any obligation deriving from the Constitution to draw up the notices and/or application forms for the scholarships in the Turkish language as well.
However, it expresses concerns and reservations that have already been forwarded to the Board of Directors of the IKYK, as to whether the issue of providing state scholarships, which aims, as noted, to contribute to the strengthening of Letters, Sciences and Arts in the Republic, but also more generally, the issue of providing information on benefits/grants that are widely available to citizens, should continue to be announced only in Greek, taking into account that not all Cypriot citizens are of Greek origin, and on the other hand, citizens of a member state are also eligible to apply of the European Union.
In continuation of the above reflection, the Office of the Commissioner of Administration notes that, the Department of Population Records and Immigration, in addition to any legal obligation, has drawn up and issued application forms for specific areas of their responsibilities in the Turkish language as well as to facilitate the citizens, the Social Insurance Services have translated and have online general information and application forms also in English for all the benefits it provides to citizens.
It also notes that the relevant law governing its establishment and operation IKYK, grants the right to claim scholarships to non-Cypriot citizens as well, with even more special arrangements for citizens of other member states of the European Union who are allowed to claim scholarships on an “equal basis” with Cypriot citizens.
It is emphasized that, without a doubt, the publication of announcements and applications for granting scholarships, only in the Greek language, creates difficulties for citizens of other member states/foreigners, who do not know Greek, but also for Cypriot citizens who do not speak Greek, as they are and the Turkish Cypriots, maintaining in this way a different treatment in terms of access to claim the scholarships, in relation to the Greek Cypriot citizens of the Republic and/or the people who know Greek.
Finally, in its report, which is submitted to the President and the Board of Directors of the IKYK, the Office of the Commissioner of Administration recommends that, within the framework of their responsibilities, they ensure that the information and applications for the scholarships provided are also available to those interested in the English language.
It is also suggested that the Foundation reconsider the possibility of issuing the announcements and applications for the scholarships as an exception to the law of necessity, and in the Turkish language, as is done with the applications to the Department of Population and Immigration Records taking into account that they concern sponsorship issues that are directly related and mainly to the status of a Cypriot citizen.
Finally, it is recommended that the application submitted by the complainant to be granted a scholarship for doctoral studies at the University be reviewed by the IKYK Cyprus, on the basis of the relevant legislative framework, the general principles of administrative law, but also the provisions of the Equal Treatment (Racial or Ethnic) Origin legislation.
