Report on human rights issues following the August 2008 armed conflict,

Executive Summary

In his fourth visit to Georgia following the August 2008 conflict, the Commissioner took stock of the implementation of the six principles for urgent human rights and humanitarian protection which he formulated in the aftermath of the active hostilities. He also reviewed conflict-related human rights issues in Abkhazia.

Implementation of the Commissioner’s six principles

Right to return: Most of the people displaced by the August 2008 conflict have been able to return to their homes in the areas adjacent to South Ossetia, and most of those who fled to the Russian Federation have been able to return. However, most ethnic Georgians who have fled South Ossetia have not been in a position to return. The Commissioner continues to advocate the importance of safe, voluntary and dignified return, and emphasises the responsibility of all relevant actors to ensure its implementation.

Right of displaced persons to care and support: Decisive efforts must continue on the part of the relevant authorities and the international community to improve the very difficult situation of the large numbers of persons who remain displaced following the August 2008 conflict as well as from earlier conflicts. Displaced persons and returnees should be informed and consulted when solutions are being devised.

Right to be protected against dangers from remnants of war: De-mining in the conflict-affected areas in the Tskhinvali-Gori corridor is ongoing. The Commissioner has welcomed efforts to raise awareness among the local population, including children, of the life-threatening risks of UXOs. Alternative income-generating projects should be available in agrarian areas until the land is cleared of explosive remnants of war.

Right to protection against lawlessness: Despite improvements, the security situation in the conflict-affected areas has not stabilised entirely. There is a need for viable security arrangements in the relevant areas, as well as confidence building measures between the sides, to restore a sense of security among the population.

Protection and exchanges of detainees and prevention of hostage-taking: There remains a strong need to pursue the dialogue between the sides concerning exchanges of persons detained, and to put an end to the practice of hostage-taking, of which the Commissioner received several reports. Though several cases of missing persons have been clarified, further work is needed also in this area.

International assistance and presence: The Law on Occupied Territories of Georgia has raised concerns within the international community with regard to humanitarian access to the conflict-affected areas. Both sides are placing obstacles on such access. Political concerns relating to the status of the regions must not be used as a justification to deny or greatly hamper assistance to those who are in need.

Specific human rights issues in Abkhazia

Freedom of movement and the right to return: Freedom of movement is not sufficiently protected and there is a need to find a solution which will reconcile appropriate security measures with the legitimate interest of local populations to move freely across the Inguri river. The right to return has not been guaranteed and after sixteen years of displacement caused by the earlier conflict, a thorough verification procedure in the form of an international survey is necessary to obtain accurate and up-to-date information on the persons wishing to return, resettle or integrate locally. In August 2008 some 2,000 persons departed from the Kodori valley; in December 2008, food aid was distributed to 162 people remaining in Kodori. Both the Georgian government and the de facto authorities of Abkhazia should facilitate returns, with the support of international actors.

Passports and identity documents: The Commissioner examined the highly-disputed question of passports and identity documents in the Gali district. He concluded that the question of passports and identity documents is the source of much uncertainty and anxiety to the people in that district. The Commissioner considers that the main objective should be to ensure that conditions are such that all people in the region - regardless of their ethnic background or citizenship - are in a position to sustain themselves economically, live a normal life, and contribute to the prosperity of their community. No one should be coerced, either directly or indirectly, to give up their current citizenship.

Education in the Georgian language: The Commissioner discussed the status of the Georgian language in the schools in the Gali district. Following the August 2008 conflict there have been concerns among the Georgian population on that issue. The de facto authorities indicated that of the 21 schools in the district, eleven (lower Gali district) taught their courses in Georgian, and the remainder in Russian. The Commissioner noted that language education plays a key role in multiethnic societies with minority communities. It is one of the ways for parents to pass on their culture to future generations and preserve their identity. At the same time, minorities should be given the means, through appropriate language education, to enable them to integrate fully in the wider society.

International assistance and presence: All of the Commissioner’s interlocutors without exception underlined the need for a continued international presence with a clear, substantive and meaningful mandate, which can provide security and humanitarian and human rights protection to the population. The Commissioner welcomed the decision to extend the UN mission mandate, and is firmly convinced that UN presence in the region will be required beyond 15 June 2009. The present should be used to continue constructive discussions to reach agreement on concrete tasks for the renewed UN presence.

Tbilisi, Sukhumi and Gali, 8 to 12 February 2009