United Nations expert calls for transition to needs-based approaches to address the situation of IDPs in Georgia

TBILISI/GENEVA, 06 October 2016 – The United Nations Special Rapporteur on the human rights of internally displaced persons, Chaloka Beyani, today called upon the Government of Georgia to review its approach to the situation of all internally displaced persons (IDPs), including those displaced in the early 1990s and in 2008, and to move from a ‘status’-based to a needs-based approach.

“I urge the Government to intensify its efforts to protect the rights of IDPs and assist them on the basis of their needs and rights, not their ‘IDP status’ provided for by national - but not international - law. IDPs remain citizens or habitual residents of their country; they are entitled to protection and assistance on that basis alone, as stated in the Guiding Principles on Internal Displacement” Mr. Beyani said at the end of his second follow up visit to Georgia, which took him to Tbilisi, Khurvaleti, Nikozi, Zugdidi and Rukhi.

According to government sources, 272,049 persons remain internally displaced in Georgia: a number which increases yearly, due to the registration of new IDPs including returned IDPs (mainly migrants) from other countries and children born to at least one IDP parent. “Under the current legislation, ‘IDP status’ descends from one generation to the next and this should be brought into line with international standards” the Special Rapporteur stressed.

The UN expert, who followed up on the recommendations made in his 2014 report* to the UN Human Rights Council, commended the Government for its ongoing commitment and the considerable progress it has made to address the situation of IDPs. This includes positive amendments to legislation on internal displacement, a registration exercise of IDPs that was carried out in 2013-2014, and the adoption of a livelihood action plan. In addition efforts to establish transparent procedures for the allocation of durable housing to IDPs based on vulnerability criteria jointly developed with non-governmental stakeholders, was welcomed, as well as the improved quality of housing provided to IDPs as he witnessed at the Tbilisi Sea complex.

However, a number of issues remain to be addressed. The Special Rapporteur emphasized that there is an urgent need to continue to improve the living conditions of IDPs in some collective centres, for example for those whom he visited in a non-rehabilitated collective centre in Zugdidi. Moreover, considering that every registered IDP is entitled by law to a durable housing solution, despite the Government’s efforts in this direction the housing entitlements of the majority of the current IDP population have not yet been met. Donor funds have long since dried up and the Government struggles to find sufficient funds in the State budget for this purpose.

“Strengthening the efficiency and effectiveness of the Government’s initiatives in support of IDPs’ livelihoods and employment generating activities, particularly those that are community-based, also remains paramount,” Mr. Beyani added. He expressed the hope that the donor community will continue to provide funding and support to that end and in the search for durable solutions, particularly through integrated humanitarian and development approaches. As he pointed out in his previous report, the Government should also redouble its efforts to integrate the needs of IDPs into displacement-sensitive national, regional and local development plans.

The UN expert encouraged the Government to continue to share information relating to its ongoing initiatives and other relevant measures with IDPs, to consult with them and enable their participation in decisions affecting them. “This is of utmost importance in establishing conditions and means for achieving durable solutions for IDPs in safety and dignity, based on their informed and voluntary choice of durable solutions,” he stressed.

“All durable solutions for IDPs should remain as options open to them, and must be delinked from political processes”, the Special Rapporteur added. In this context, he welcomed the IDP intention survey carried out by UNHCR in 2014 as an important evidence-base to inform durable solutions responses. The findings of the survey highlighted that 88.3 per cent of respondents wish to return voluntarily to their area of origin under conditions perceived as favourable. However in the absence of such conditions, 57.3 per cent feel fully integrated and 33.3 per cent feel partially integrated where they live at present, indicating livelihoods and housing as their main priorities.

Mr. Beyani again highlighted that the search for durable solutions is still hampered by political deadlock. “I call upon all parties concerned to urgently reach a political solution to enable those IDPs who wish to return to their areas of origin to do so voluntarily in safety and dignity,” the Special Rapporteur said. “All possible measures have to be taken to ensure sustained and effective, free and unhindered access and space for concerned international actors in relation to Abkhazia, Georgia, and the Tskhinvali region/South Ossetia, Georgia, so that durable solutions can be pursued and supported in a comprehensive manner” Mr. Beyani added.

“I regret that the razor wire fence along the administrative boundary line of the Tskhinvali region/South Ossetia, Georgia, continues to have the effect of depriving internally displaced persons and displacement affected communities of freedom of movement and creates tangible obstacles to their access to land, property and livelihoods,” he stressed. He also regretted that he was unable to visit Abkhazia, Georgia, as his request was denied by the authorities in control there, which prevented him from witnessing the situation first-hand.

Nonetheless, he was able to meet with IDPs who have returned at Khurcha and Inguri bridge crossing points. “They shared with me their experiences and most pressing concerns, including the lack of access to documentation affecting many, which has an extremely negative impact on their freedom of movement, as well as access to livelihoods and services such as health care,” the Special Rapporteur said. Other major concerns he highlighted relate to detention for “illegal” crossing of the dividing line, the closure of two crossing points over the past few months and the risk that more will be closed in the near future, as well as the progressive change of language of instruction in Lower and Upper Gali schools from Georgian to Russian.

During his visits, the Special Rapporteur met with the Minister and First Deputy Minister of Foreign Affairs; the Minister and Deputy Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees; the State Minister and First Deputy Minister for Reconciliation and Civic Equality; the Public Defender; the UN Resident Coordinator; various UN agencies and civil society organizations. He also visited IDPs in collective centres and private accommodation to hear directly from them about their situation and their preferred solutions. “I am grateful to all my interlocutors for their willingness to share their experiences with me,” he said.

Mr. Beyani expressed his sincere gratitude to the Government of Georgia for its continuing cooperation with his mandate during both of his visits.

(*) Check the Special Rapporteur’s 2014 report on Georgia: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session26/Documents/A_HRC_26_33_Add_1_ENG.doc

Mr. Chaloka Beyani, professor of international law at the London School of Economics, was appointed Special Rapporteur on the human rights of internally displaced persons by the Human Rights Council in September 2010. As a Special Rapporteur, he is part of the Special Procedures of Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization, and serve in their individual capacity. Learn more, visit: http://www.ohchr.org/EN/Issues/IDPersons/Pages/IDPersonsIndex.aspx

Check the UN Guiding Principles on Internal Displacement: http://www.ohchr.org/EN/Issues/IDPersons/Pages/Standards.aspx
UN Human Rights, Country Page - Georgia:http://www.ohchr.org/EN/Countries/ENACARegion/Pages/GEIndex.aspx 

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