THE GOVERNMENT will take “seriously” the Ombudswoman’s latest report recommending legal reforms to allow same-sex partnerships, said Interior Ministry Permanent Secretary Lazaros Savvides yesterday.
“No decision has been taken. It is something we have to study a bit further. We have not closed the issue, it remains open,” he said.
Ombudswoman Iliana Nicolaou said in a report last week that the legal recognition of same-sex partnerships in Cyprus was imperative in today’s society. She argued the legal vacuum on same-sex partnerships constituted direct discrimination against EU citizens based on sexual orientation, while impacting on a range of issues including insurance, pension, tax and property.
She proposed legal reforms to eliminate current inequalities in the rights of same-sex partners who cohabit, noting that “this step would not endanger either the traditional concept of marriage or the traditional form of family”.
Nicolaou further argued that one could not ignore the fact there are people in society who cohabit and are not married, just as one cannot allow the practical degradation of such people.
While no decision has been taken yet, various government departments and services met last month to discuss the issue following a complaint by a 24-year-old Cypriot from Paphos who seeks the right to enter into a same-sex marriage in Cyprus.
Savvides told the Sunday Mail that the various departments will continue to examine the issue and reconvene after June to discuss the matter.
“The issue is not closed. We heard everyone’s opinions, we are now waiting for the relevant services to study it in further detail and come back to us,” he said.
Asked about the ombudswoman’s proposals, he said: “Everything will be examined. The ministry always takes these reports seriously.”
The official noted that an appraisal of the situation in Cyprus and Europe would be sent to the interior minister who then has to decide whether to take the issue to cabinet.
“The decision will not be made by civil servants. I think, finally, it’s going to be a political decision,” said Savvides.
The 24-year-old who made the initial complaint said yesterday: “I’m very happy about this and hope the interior ministry takes the report into consideration.”
Chairman of the House Legal Affairs Committee, Ionas Nicolaou, raised concerns as to whether Cypriot society was ready for the legalisation of gay marriages. He suggested that same-sex partners could guarantee their rights in most cases without the need for legal reform.
“I don’t know if Cypriot society is ready for marriages, I don’t see it being accepted too easily,” said Nicolaou, adding that an argument could be made for some sort of cohabitation agreement recognising certain rights.
The DISY deputy said it was not an urgent issue that had to be dealt with immediately.
“If people want to live together, no one is stopping them. The main issues really are inheritance, which could be solved by writing a will, and adoption. The latter is not easy. It’s a big issue, which needs a lot of study.
“We are a closed society, we are a village basically, the equivalent of a small town in Europe. It’s not easy for a child to be raised by a gay couple in Cypriot society. I remember a time when a child was born out of wedlock and how Cypriot society dealt with that. It’s a very serious issue,” he said.
Nicolaou said all the issues had to be looked at in detail before coming down either in favour or against.
One of the issues raised in the ombudswoman’s report was the fact that the non-EU partner of a Cypriot national was going to have to leave the country once his visa expired. The same-sex couple have no way of claiming their rights as a partnership under Cypriot law.
The committee chairman suggested the interior ministry take a more humanitarian approach in such a case when it comes to renewing visas, “without the need for legal reform or extreme measures”.
One official source told the Sunday Mail that recognition of same-sex partnerships was likely going to happen in Cyprus, but only over time. It was not something that would come quickly, they said.
A long-time gay rights campaigner who wished to remain anonymous congratulated the ombudswoman for being “very progressive”.
“On this island, we cannot fight and struggle for human rights for our political issues and oppress the human rights of citizens of the free part of the island. It will be very embarrassing if Cyprus is taken to the ECHR on this issue,” he said.
Former Member of the European Parliament (MEP), Marios Matsakis, agreed that some legal changes would have to be made as long as these were mindful of local sensitivities.
“I think some legal reforms are inevitable because of our entry to the EU but there has to be respect to traditions of a member state’s society. Any changes will have to happen gradually, they can’t be sudden,” he said.
“After a debate, all views will be heard and compromises made on all sides,” added Matsakis, who during his time in Brussels had a run-in with gay rights groups and MEPs over adoption rights for gay couples.
The former MEP said Cyprus should recognise same-sex partnerships but not marriages, adding he was “definitely against adoption rights”.
