The document constitutes the introduction statement of the Council of Europe Commissioner for Human Rights Thomas Hammarberg and statements of the experts of the CoE. 

Commissioner Hammarberg states that serious shortcomings are discovered in the process of clarifying the fate of the missing people and ensuring the accountability for the perpetrators of illegal acts.  

Hammarberg stated that that supervision of the investigation should be transferred away from regional prosecutorial authorities and the operational conduct of the work should be moved away from the police in the areas concerned.

The experts were also requested to endeavour to find out what work had been done to clarify the fate of persons who disappeared during the August 2008 hostilities. In addition, they were requested to raise with the opposing side certain cases of captured soldiers who apparently died in captivity.

In addition to that, on October 7, Council of Europe Commissioner for Human Rights, Thomas Hammarberg, released a report based on his latest visits to Georgia in which he says that “all sides should ensure a faster improvement of the human rights situation in the areas affected by the August 2008 conflict”. In particular, the Commissioner stresses the need to release all remaining detainees who have been apprehended when crossing the administrative boundary line after end of the hostilities.

The report takes stock of the implementation of the six principles for urgent human rights and humanitarian protection which he formulated in the aftermath of the conflict. They are: right to return; right of displaced persons to care and support; right to be protected against dangers from explosives and other remnants of war; right to protection against lawlessness; protection and releases of detainees and prevention of hostage-taking; international assistance and presence. 

Like Thomas Hammarberg, the issue of IDPs was discussed in Georgian parliament. On October 5, Giorgi Tugishi, the Public Defender of Georgia reported to the Parliamentary committee on human rights and civil integration:

“Most of the collective settlement centres are out of usage and do not satisfy even minimum standards for adequate living conditions. During monitoring, 48 percent of the inquired families mentioned that their living conditions do not satisfy even minimum standards. In most of the newly repaired houses, there have been observed cracks, moist stains, door handles are damaged and water is leaking though windows.”

To remember, in summer 2010, local authorities in Tbilisi carried out five forced evictions of around 5 000 IDPs, displaced in the 1990s and 2008.

It’s noteworthy that Georgian law on IPDs says that an IDP can’t be moved to accommodation inferior to their current residence and without their written agreement. Although, IDPs have not always been given a five-day notice  and notification has usually been only verbal, which is violation of the Georgian law on internally displaces persons. Despite pledges by the government to immediately provide either compensation or alternative housing, information on alternative accommodation has been insufficient for IDPs to make aware choices. And in some cases when information was available, some of the proposed housing were in sub-standard conditions and often worse than the previous housing. It’s noteworthy that in other cases IDPs were transferred to rural areas in western Georgia, far from IDPs’ previous settlements where most of them had jobs and children were going to nearby schools.

IDPs who did not accept the housing proposed mostly opted for cash compensation, though many were evicted before receiving it and therefore were forced to move in with relatives or to other collective centres, which potentially increasing their vulnerability.

At the end of August, tens of IDPs started protesting outside the building of Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees. Seven internally displaced persons started a hunger strike, four of them have sewn mouths shut, but despite of that, nothing has changed and hundreds of IDPs are still waiting for the compensation.

The fact was criticized by both – national and international organizations. According to the Amnesty International, Georgian government failed to provide reasonable advance notice about eviction, and failed to provide adequate housing.

The United Nations refugee agency (UNHCR) expressed concern that the evections have not been undertaken with the necessary transparency or circulation of information.

The eviction process was also criticized by the Georgia’s Public Defender. According to the IDP community, eviction process is very insulting. There are cases of verbal as well as physical assault on IDPs during the eviction,” said the Public Defender’s Office.

Valery Kopaleishvili from the Georgian Ministry for IDPs from Occupies territories, Accommodation and Refugees rejected the criticism and said that no one will be left in the street, but it still remains unclear when they provide IDPs adequate housing or compensation.

At a domestic level, the Georgia Constitution guarantees a number of basic rights and freedoms, which are further defined and articulated in great detail in other legislative acts and laws. According the “Law on Internally displaced persons” in case of mass displacement, all IDPs should immediately be granted the status of IDP.  However the process of granting IDP status for so called “New IDPs” started only in May 2009, nine months after their displacement and significant numbers of IDPs have not received it yet. Granting of IDP status is a prerequisite for entitlement to IDP allowance and other benefits. Without the status these people have lack of protection afforded to them according to the law and are in a particularly vulnerable situation. 

Georgia is a party to the International Convention on Economic, Social and Cultural Rights (ICESCR). Under Article 11 (1) of the ICESCR, Georgia is under an obligation to guarantee the right of all persons to adequate housing. However some collective centers, especially those in the districts of Georgia, fails to meet the criteria for adequacy of housing. Such as water supply, sanitary and sewage system needs to be repaired. (For more information: http://www.humanrights.ge/index.php?a=main&pid=12238&lang=eng)

Many IDPs also complain about the lack of information on their basic rights, options and remedies available. There is also lack of information on availability of employment opportunities and the types of healthcare that they are entitled to receive.

As a result of August war with Russian Federation, around 26 000 thousand people became internally displaced persons (IDPs). About 251 000 thousand people were forced from their homes during conflict that took place in the early 90’s in Abkhazia and Tskinvali region.

Shorena Latatia