Gela Mtivlishvili, Kkheti
Georgian Public Defender Sozar Subari demands that the government to come up with funds to compensate small swine producers that suffered losses from the Montgomery disease and the culling of herds. The Ombudsman sent recommendations to the Prime Minister Vladimir Gurgenidze and Davit Tkeshelashvili, the State Minister for Regional Management. If the government does not consider the recommendations of those who were impacted Sozar Subari intends to take a case to court and hold the government financially responsible. Moreover, demonstrations will be organized as part of the effect to cover the losses sustained by farmers.
The Montgomery disease broke out in Georgia last year and seriously damaged the agriculture. Hundreds of farmers and thousands of farmers suffered in the Kakheti region. The government ordered a mass killing of swine herds, including breeding stock in order to circumvent an epidemic.
“On February 20 2008 residents of Kvareli, Gurjaani and Sighnaghi districts applied to our office for assistance. They recalled how representatives from local authorities seized and then killed hundreds of pigs in an effort to liquidate the Montgomery Disease back in the summer of 2007. The applicants demand compensations in exchange for their damages,” said Sozar Subari.
Based on the Georgian Government’s resolution # 306, June 16 2007 and resolution # 372, July 16 2007 in order to liquidate the African Fever of Swine in Georgian regions 460m 245 GEL was apportioned from the reserve fund; 108 590 GEL out of total was allocated on Kakheti Region. Subari stated that the resolution did not envisage the scale of the required compensation.
According to the Georgian Law on the Rules of Deprivation of Property for the Purpose of Pressing Social Need in the Case of Urgent Necessity, Article 3 “The decision on property deprivation shall be made by the Georgian President, authorized state agency of the executive government, governmental agency of the Autonomous Republic or local governmental body where the property is located.”
According to the Article 4 of the same law, “the property item shall be valued at the market price by the authorized state agency and the value of the property item should be compensated to the owner before the property is taken for destruction.” The applicants claim that they have not received any compensation before or after their pigs were killed under the program.
“Despite the requirements of the Georgian law, the government’s resolutions # 306 and # 372 did not envisage the amount of compensations that should be allocated suffered damages. Thus the government breached the Georgian Organic Law on Deprivation of Property for the Purpose of Pressing Social Need in the Case of Urgent Need, Article 4 and they breached the rights of property owners-to receive corresponding compensations before the depriving of the property. Based of the above-mentioned circumstances and Georgian Organic Law on “Public Defender”, I recommended to the Georgian government to implement necessary activities to compensate the people under the law,” said the Georgian Public Defender.
The Human Rights Center has tried to get in touch with Davit Tkeshelashvili, Georgian Minister of Agriculture about the issue. Nino Gabriadze, the spokesperson of the Minister, explained that Tkeshelashvili is in the United States on a business trip and at this time he does not have any information about Public Defender’s recommendations. Moreover, neither representatives of the Prime-Ministers Press-Service Department has shared any comments about the provided recommendations. Avto Favlenishvili, the spokesperson has advised us to apply to the Ministry of Finance for payment. At this time he had not received any letters or communication on the issue. “Nobody has applied to us regarding compensations for those farmers who were damaged by Montgomery disease by the culling program. Thus, we have not introduced any changes in the budget and no additional money has been allocated for this purpose at this time,” said Marika Khoferia, a spokesperson of the Georgian Ministry of Finance.
In conclusion, unless the government fully considers the recommendations of the Public Defender there is not any option but for those inflicted farmers to take their plight to the court and hold the government responsible. In tandem with court proceedings, to organize public demonstrations, in standing-up for their property rights and demand reasonable financial compensation.
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