Lela Chkareuli, Presa.ge
In summer of 2010, more than 5 000 IDPs were evicted from the premises of compact settlement in contradiction to the domestic legislation and international law. In several cases, the alternative accommodation did not satisfy the minimal requirements of normal living conditions. Several IDPs were not offered a new accommodation or compensation at all.
CoE Commissioner for Human Rights Thomas Hammarberg is concerned about the eviction of the IDPs from the premises of compact settlement in Tbilisi. The report on recent visits of Hammarberg in Georgia states that eviction procedures breached the domestic legislation and international laws.
“At present, major shortcomings persist in the provision of durable housing solutions for displaced persons, including as regards ensuring the effective protection against forced evictions. The most widespread problem is the lack of information on the different options available.
It is inevitable that the ongoing process of providing durable housing to displaced persons will require some relocation of residents. However, the Commissioner was greatly concerned to learn that in the summer of 2010 over 5000 persons were evicted in a manner which, according to the information available, failed to meet both the requirements of domestic legislation and policy as well as international standards.
Some of the problems observed in this context - which have already been highlighted by the Georgian Public Defender (Ombudsman) and the international representatives, including UNHCR (United Nations High Commissioner for Refugees) - are as follows:
evictions were carried out following a verbal notification given between one and three days in advance of the eviction; in some cases, no notification whatsoever was given; lack of information about the place of relocation, rendering informed choices extremely difficult; cases where the alternative shelter does not satisfy minimum standards of living; an absence of alternatives available near the present place of residence; and cases of verbal and even physical abuse during the eviction process. A number of the persons evicted were not provided with any alternative shelter or compensation,” states the report.
In addition, the Commissioner fully supports the recommendations already made by UNHCR, the Georgian Public Defender (Ombudsman) and others who have expressed concerns about the handling of the evictions during the summer of 2010.
It is noteworthy that according to Hammarberg, The UNHCR Office in Georgia addressed a letter to the Ministry of Refugees and Accommodation on 11 August 2010, emphasising that evictions should only be undertaken if they are fully in line with Georgian and international law, and proposing a one-month moratorium on the evictions. The Ministry initially rejected the foregoing proposal. However, following further intervention by the relevant actors, evictions were suspended in late August 2010.
“In future, residents should be notified in writing sufficiently in advance and be fully informed about the alternatives offered. The authorities should also bear in mind that the transfer to remote areas of individuals who have resided in the capital for almost twenty years is likely to cause considerable hardships, including the loss of income-generation opportunities
The Commissioner invites the Georgian authorities to take into consideration the key principles outlined by the Representative of the UN Secretary General on the human rights for internally displaced persons Walter Kälin in his Framework for Durable Solutions for IDPs. The Commissioner hopes that these principles will guide the implementation of the Georgian Action Plan with regard to provision of housing solutions for IDPs. It is particularly important to ensure that displaced persons make voluntary and informed choices, participate in the planning and management of durable solutions, and benefit from access to humanitarian and development actors as well as to effective monitoring mechanisms,” states the report.
Hammarberg calls upon the government of Georgia and its partners to take all measures to implement the state strategy in regard with IDPs and to allocate additional funds in this direction.
The Commissioner for Human Rights stated that hardly any progress has been achieved with regard to returns of these displaced persons.
“Nearly all of those who had been temporarily displaced by the conflict from the Shida Kartli region including areas adjacent to South Ossetia (over 100 000 persons) returned to their homes by the end of 2008. However, the overwhelming majority of ethnic Georgians who have fled South Ossetia have not been in a position to return. In practice, despite efforts undertaken by co-chairs in the framework of the working group addressing humanitarian issues during the Geneva Talks, hardly any progress has been achieved with regard to returns of these displaced persons. The Commissioner continues to advocate the importance of safe, voluntary and dignified return, and urges all relevant actors to ensure unimpeded freedom of movement in the areas affected by the conflict,” wrote Hammarberg in his report.
The Commissioner urges the Georgian authorities to grant IDP status without discrimination to all persons who cannot return to their place of residence.
“Efforts must continue on the part of the relevant authorities and the international community to improve the very difficult situation of those who remain displaced from the August 2008 conflict, as well as from earlier conflicts. Access to food, water, sanitation and basic services should be adequately secured,” wrote Hammarberg.
The Commissioner welcomes the releases of detainees on both sides which have taken place thus far and urges the sides to refrain from arresting and detaining people who cross the administrative boundary line.
Hammarberg welcomes the release of the detainees from Tskhinvali detention settings; however he regrets that number of persons remain deprived of their liberty in Tskhinvali. “These persons should be released and immediate steps should be taken to allow them to join their families.”
At the end of the report Commissioner Hammarberg states that regrettably, little progress has been achieved with regard to access by international humanitarian actors to the areas affected by the conflict, which is detrimental to those who are in need.
“All sides should facilitate the establishment of a human rights presence in the areas affected by the conflict and support the present efforts of the Council of Europe and other relevant organizations aimed at protecting the human rights of the population.” stated Hammarberg.
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