UN EXPERT VOICES CONCERN FOR INTERNALLY DISPLACED PERSONS IN GEORGIA

27 December 2005



The following statement was issued today by the Representative of the United Nations Secretary-General on the Human Rights of Internally Displaced Persons, Dr. Walter Kälin:


"Persons displaced by past conflicts in Georgia have the right to return voluntarily to their former homes. But their right to a life in safety and dignity at the site of their displacement must equally be ensured by the authorities. Integration and return are not mutually exclusive but complementary." These are the preliminary findings of the Representative of the Secretary-General of the United Nations on the Human Rights of Internally Displaced Persons, Dr. Walter Kälin, following an official mission to Georgia from 21 to 24 December 2005 undertaken at the invitation of the President of Georgia. In addition to Tbilisi, he visited Abkhazia, the Samegrelo region and South Ossetia. The Representative will make a complete report of his findings and recommendations to the Commission on Human Rights.

The Representative met with the Minister for Refugees and Accommodation, the State Minister for Conflict Resolution, the Deputy Minister of Foreign Affairs and the Head of the Abkhaz Government in Exile, as well as with de facto authorities in Sukhumi and Tskhinvali. He also consulted international agencies and non-governmental organizations and conferred with internally displaced persons (IDPs) themselves in collective centres and areas of return.

"I am shocked by the misery in which some IDPs still live, more than a decade after the main hostilities ceased", the Representative said. Many of the more than 200,000 internally displaced persons have no income and thus are dependent on meagre state benefits, which do not afford the basic necessities of life. The Representative noted that host communities often face similar hardships, as unemployment is generally high and poverty widespread. "However, internally displaced persons have to cope with additional problems not encountered by the wider population. They have been forced to leave behind their normal lives and often all possessions. Moreover, many have been accommodated in decaying collective centers, without running water, electricity, and insulation against the cold, for more than a decade. They are largely marginalized and isolated, do not know what the future will bring, and continue to suffer from the psychological effects of armed conflict", the Representative explained.

Georgian Government officials told the Representative that most internally displaced persons want to return to their areas of origin, and they acknowledged that whether or not to do so is the IDPs free choice. The Representative welcomed the Government's intention to help those still displaced to integrate into society and find acceptable living conditions. He recommended that the Government design, in close consultation with civil society and the displaced themselves, a comprehensive policy to address the displacement crisis. Such a policy should seek to ensure the full enjoyment of all of the human rights of affected individuals, as restated in the UN Guiding Principles on Internal Displacement.

First, the right of internally displaced persons to return to their places of origin should be reaffirmed, together with a commitment to create conditions supporting sustainable return. The authorities must also provide reliable information to such persons about those conditions.

Second, a comprehensive integration policy should encompass the entire range of political, civil, social and economic rights of the displaced. Existing legislation, aspects of which might negatively affect the welfare and rights of IDPs, may need to be revised. In practical terms, integration means offering adequate accommodation to IDPs so that collective centres may be closed, as well as creating economic opportunities allowing them to sustain themselves. Their participation in public life, including elections, needs promotion and support. "Supporting internally displaced persons in their pursuit of a normal life does not exclude, but actually reinforces, the option of eventual return," the Representative said. "Well integrated people are more likely to be productive and contribute to society, which in turn gives them the strength to return once the time is right."

The third important element of a comprehensive IDP policy should provide for humanitarian assistance to the most vulnerable persons among the displaced who are not able to live self-sufficiently, the Representative stressed, referring in particular to elderly without family support, female-headed households, and disabled and traumatized persons.

Finally, he recommended that the Government implement this policy without delay in order not to unnecessarily prolong suffering, and that it make the necessary budget allocations. In this way, national authorities, who bear the primary responsibility to protect the human rights of all citizens, whether displaced or not, may signal to the international community, including donors, that their investments are well-targeted and well-managed.

Regarding return to Abkhazia, the Representative was pleased that substantial numbers of persons have been able to return to the Gali district. However, he was concerned that many returns had not been sustainable, largely due to the absence of law enforcement and basic infrastructure and services. He noted that the large majority of those who fled Abkhazia remain displaced.

The Representative urged both sides to fulfil their commitments under previous international agreements and to swiftly finalize the draft joint declaration on the non-resumption of hostilities and the right to return as important steps towards resolving the displacement crisis. The Representative was convinced that sustainable return and social integration would reinforce the peace process. At the same time, he appealed to all involved to protect those forcibly displaced from the detrimental effect of ongoing tensions.

The Representative was concerned that "acts of violence in the Gali district constitute a major obstacle to further returns." The Representative urged the Abkhaz authorities to do everything in their power to prevent and punish human rights violations, including through close cooperation with competent Georgian authorities on the other side of the cease-fire line. "Authorities should also admit UN civilian police and a permanent human rights office in Gali. I welcome assurances given to me in Sukhumi that this issue is still on their agenda. À positive decision would certainly be regarded as a very constructive step by the international community," the Representative added. He further appealed to the Abkhaz authorities to refrain from measures incompatible with the right to return and relevant international and European human rights standards, such as imposing citizenship on returnees, and restricting the use of the Georgian language in schools.

In South Ossetia, the Representative noted that some returns and efforts to integrate IDPs locally are possible. He noted, however, the deplorable living conditions of many displaced persons and returnees in the region, as well as the comparatively lower level of international assistance. The Representative stressed that in addition to fears of displaced Ossetians regarding their safety in areas of origin and instances of discrimination, "the lack of property restitution is the major reason why persons who fled to South Ossetia do not return. I urge the Government and Parliament of Georgia to pass, in accordance with relevant international standards, envisaged legislation on the rehabilitation and restitution of property of conflict victims, and to implement it without further delay."

Finally, the Representative commended international agencies and international and local non-governmental organizations for their work on behalf of the displaced at a time when financial support by donors is decreasing. He urgently appealed to donors to recognize the continuing need for assistance to IDPs and returnees and to support efforts towards their integration. He also encouraged UNHCR, in close collaboration with all authorities concerned, to take a proactive role in efforts to solve the displacement crisis.

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