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Tbilisi, 2015 Project of Human Rights House Tbilisi Human Rights to the Regions (Annual Report) Tbilisi, 2015 2 Prepared by: Temur Rekhviashvili, Human Rights and Conflict Studies - Caucasia Eka Kobesashvili, Human Rights Centre Sopho Aleksidze, Article 42 of the Constitution Editors: Nino Elbakidze, Article 42 of the Constitution Lana Giorgidze, Human Rights Centre Contact Information: Tel.: +995 322 382018 e-mail: [email protected] This publication has been prepared within the project Human Rights to the Regions funded by the Embassy of the Kingdom of the Netherlands in Georgia. The HRHT is responsible for the content which does not necessarily reflect the views of the Embassy of the Kingdom of the Netherlands in Georgia 3 Contents Introduction .................................................................................................................................................. 5 Summary ....................................................................................................................................................... 6 Civil-Political Rights ....................................................................................................................................... 6 Minorities: ................................................................................................................................................. 6 Religious Minorities: ............................................................................................................................ 6 Rights of National and Ethnic Minorities ............................................................................................. 8 Social-Economic Rights ................................................................................................................................. 9 Rights of Socially Indigent People, Right to Adequate Housing ................................................................ 9 Ecological Problems: Right to Live in a Safe Environment ...................................................................... 12 Rights of Internally Displaced Persons .................................................................................................... 14 Rights of the Conflict-Affected Population ............................................................................................. 15 Human Rights Situation in the so-called Administrative Border Line Villages ....................................... 16 Rights of People Victimized by Natural Disasters ................................................................................... 17 Repatriated Meskhs: Rights of Meskhs Forcibly Displaced from the Soviet Republic of Georgia in the 1940s ....................................................................................................................................................... 19 Labor Rights and Rights to Healthcare .................................................................................................... 20 Right to Healthcare ............................................................................................................................. 20 Labor Rights ........................................................................................................................................ 21 Various ........................................................................................................................................................ 21 Conclusion ................................................................................................................................................... 22 Recommendations ...................................................................................................................................... 23 4 Introduction Human Rights House Tbilisi, with the financial support of the Embassy of the Kingdom of the Netherlands in Georgia, has been implementing the project Human Rights to the Regions since August 1, 2014. The project aims to defend human rights and monitor the state of human rights in the regions. In the frame of the project, the goal of the organization is to identify the facts of human rights violations, assist vulnerable groups, issue free legal and psychological consultations to beneficiaries, conduct monitoring, prepare photo and video-footage, document human rights violations, disseminate information, and prepare TV-stories, articles and publications, etc. For the achievement of these goals, a mobile group of human rights defenders (HRDs) was established which unifies lawyers, psychologists, journalists and a monitor. From August 1, 2014 to August 30, 2015 the mobile group of HRDs paid 30 field visits. 30 field visits 0% Ecological issues 11% Various Persons with 12% disabilities 12% Internally displaced persons 23% Minorities 27% Socially indigent person 15% The following document is an annual report on the state of human rights in Georgia and covers the period from September 1, 2014 to August 1, 2015. The document was prepared based on the findings of the mobile group of human rights defenders in the frame of the project ‘Human Rights to the Regions.’ In parallel to other violations, the mobile group identified social problems such as the right to adequate housing, right to life in a healthy environment, social rights of IDPs, right to a safe life, safe labor, and others. 5 Summary The following Report reviews the state of human rights in the country and was prepared based on the findings from monitoring implemented by the Human Rights House Tbilisi (HRHT). Ongoing developments in the country, existing hard social and economic conditions, unstable environment and state policy result in various human rights problems. The Report revealed the violations of human rights of national and ethnic minorities, as well as violation of the rights of religious minorities. It is noteworthy that the Report pays particular attention to social issues, together with other human rights problems, and that the findings from the monitoring are vivid examples of how grave the human rights state is in the country today. The monitoring demonstrated that effective protection of human rights is also an issue. Faulty legislative regulations breach human rights at the initial stage. The same can be said about the rights of socially indigent persons, IDPs and eco- migrants. The state of human rights of ethnic and religious minority groups shall be discussed separately. A number of miscarriages of practice were revealed, and in concrete cases the inactivity of government officials and law enforcement bodies aggravated the problem and further complicated the current grave state of human rights. To improve the situation, it is suggested that relevant institutions implement the recommendations of the project that are represented in the Report. In various cases the report suggests improving the legislative basis, creating additional regulation tools, and improving practice in order to change state policy towards concrete problems. The Report is composed of several chapters. Its structure was designed in accordance with the classification of the facts of violation, and similar violations were unified under one chapter in order to simplify the process of information accumulation for interested parties. Civil-Political Rights During the monitoring, HRHT identified violations of civil-political rights. These facts most often applied to discrimination on religious and ethnic grounds. Minorities: To study the problems of religious and ethnic minorities, the HRDs visited different sites including: Kobuleti district, where a pig’s head was at one time nailed to the door of the Muslim Boarding School; Mokhe, where there was controversy between local Muslim and Orthodox people; Terjola, where controversy happened between local Orthodox Christians and Jehovah’s Witnesses; Kareli where controversy happened on religious grounds between Orthodox Christians and Jehovah’s Witnesses; Leninovka, where ethnic minority Roma people live; and Gachiani and Samgori with Roma settlements. Religious Minorities: Freedom of religion is guaranteed by the Constitution of Georgia and other international acts. Article 19 of the Constitution of Georgia protects the right to freedom of conscience, religion and belief. The state shall not violate freedom of religion of individuals and moreover shall support them to effectively realize this right. 6 In the reporting period, discrimination on religious ground was still a problem; more precisely, facts of violence and inadequate reaction of law enforcement officers were identified. On September 19, the mobile group visited Kobuleti to investigate the September 10 incident when member of the local population nailed a pig’s head to the door of the Kobuleti based Medrese. The local Orthodox population protested the construction of the Medrese in their neighborhood by a citizen of Turkey. During the incident, no Muslims were in the area and no physical conflict happened on the site. The Human Rights Education and Monitoring Center (EMC) took on the case. They said a concrete/identified group of people continued to insult the administration of the boarding school and to hinder their activities. The action contained signs of crime punishable under Article 156 of the Criminal Code of Georgia (persecution) and requires timely and effective investigation by law enforcement bodies. On October 23, the HRHT mobile group of HRDs visited the Mokhe village of Adigeni municipality where tension had begun
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