TABLE OF CONTENTS

List of Acronyms ...... 3 Background ...... 4 Project Context ...... 5 Conceptual Approach and Methodology ...... 6 Project Implementation ...... 8 Other CIL Activities Relevant to the Project ...... 62 Key Project Achievements and Milestones ...... 67 Summary of Problems/Obstacles Encountered ...... 68 Findings and Recommendations ...... 69 Performance Assessment ...... 71 Success Stories ...... 76 Acknowledgements ...... 78

List of Acronyms

CA Cooperative Agreement CEC Central Election Commission CIL Coalition for Independent Living CRPD United Nations Convention on the Rights of Persons with Disabilities DAP Disability Advocacy Project DCC Disability Consulting Councils DLAP Disability Legal Advocacy Project DPO Disabled People’s Organization GoG Government of IDIA International Disability Alliance IEC Information, Education and Counseling MoLHSA Ministry of Labor, Healthcare and Social Affairs NCC National Coordinating Council on the Issues of Disability NGO Non-governmental organization PWDs Persons with Disabilities RCC Regional Consulting Council on the Issues of Disability USAID United States Agency for International Development

Background

The following document represents a final report of the 18-month Disability Legal Advocacy Project (DLAP) funded by the United States Agency for International Development (USAID) and implemented by the Coalition for Independent Living (CIL). The project was developed to support implementation of the UNCRPD and national laws in and in the regions of , , Samegrelo and . The overall goal of the project was to support implementation of UNCRPD and national laws through disabled people’s organizations (DPO) capacity building and legal services development in Tbilisi and the regions of Imereti, Guria, Samegrelo and Adjara.

More specifically, the project:

• Supported the transformation of Georgia’s laws into compliance with the articles of UNCRPD and supported its implementation; • Developed DPOs in five regions as real agents of change for law enforcement organizations, who provide legal services to persons with disabilities (PWDs); • Built the capacity of judges, lawyers, and other public servants; • Improved coordination between the Government of Georgia (GoG) and DPOs by supporting the work of the National Coordinating Council (NCC); • Succeeded in mobilizing the fragmented disability movement in Georgia around the common issues and strategies; • Raised public awareness about all transformed legal provisions and about their legal rights to an accessible environment, community, integration and an independent life.

The project duration was 18 months (July 2015 – December 2016). The total budget of the project was $599, 977 USD. The geographical coverage of the project was Tbilisi, the capital city, and four regions of the western Georgia: Imereti, Adjara, Guria and Samegrelo. The target regions were selected based on the following criteria: (1) a significant number of PWDs; (2) more attention from the GoG and donor programs; (3) currently active DPOs and disabled communities; (4) where interventions for public awareness could have the greatest impact; (5) the capacity of CIL trained DPOs to effectively advocate for inclusive development.

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All the activities of the project were conducted in close partnership with the concerned state agencies and non-governmental organizations – the partnership which was considered as a key factor of the success of the project.

The report follows the structure of the project proposal.

Project Context

CIL encounters discrimination of PWDs almost on a daily basis. There are parents of disabled children being forced by lawyers to declare their children as “incompetent”, and thereby, taking away all rights from these children. Neither the lawyers, nor the parents are familiar with disability rights and the provisions of the national and international declarations, and in most cases, they do not even realize or admit the fact of discrimination. There is a historical and severe lack of trust among the citizens of Georgia in the independence of judges and courts system because of previous political/Governmental corruption and cronyism during the late 90s-early 2000s. Although, corruption was widely addressed by the following government, it still exhorted significant pressure and influence over the judicial system. This has further strengthened the long-standing public stereotype of always failing to overcome state bureaucracy. Therefore, most PWDs do not even consider taking their cases to the court; let alone the fact that they have no education on how to protect their rights and cannot find qualified lawyers who have both: understanding of disability issues and knowledge of disability rights protection mechanisms. Both disabled citizens and legal professionals mostly tend to think that the national laws cannot be challenged and that judges will be reluctant to make a decision against a state law. This is again due to the lack of competency and understanding of the lawyers about international standards and treaties that Georgia has signed. Although the current government has initiated judicial system reform in Georgia, lack of confidence and desperation is still persisting among Georgia’s population.

Certainly, much more public education work needs to be done since most PWDs and their families, legal professionals, human rights advocates, and the Government officials have very little, if any information about the disability rights, and the rights protection mechanisms under the national laws and the UN Convention on the Rights of Persons with Disabilities

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(UNCRPD). The implementation of UNCRPD, and the revision and enforcement of the national laws were the next critical challenges for all disability communities to address in Georgia. The Government of Georgia (GoG) ratified UNCRPD in December 2013, and while this is an enormous societal and legal step forward, the question is how the Government and society will live up to their UNCRPD and national law obligations. This is the time for DPOs to get involved in the UNCRPD legal implementation process and to have their capacities strengthened with qualified legal staff, best practices information and training on the legal service skills necessary to support the enforcement of UNCRPD.

Conceptual Approach and Methodology

CIL project methodology was based on two pillars:

Ø Promoting the understanding of disability as a human rights issue; Ø Capacity building of DPOs to provide legal aid and advocacy for PWDs.

On December 13, 2006, the UN General Assembly adopted the UNCRPD which, as such, is the first human rights treaty of the 21st century, as well as the first legally enforceable United Nations instrument specifically directed at PWDs. For all too long, PWDs have been denied the promise of the Universal Declaration of Human Rights (UDHR). Laws, both international and domestic, and social attitudes, have too often treated PWDs as objects, recipients of care and charity, rather than as the autonomous rights holders that they are. UNCRPD changes the status of PWDs in the international human rights law. It is a strong convention recognizing that equality, dignity, autonomy, independence, inclusion, and accessibility are the keys to ensure PWDs’ fully realized equal citizenship in the world.

Notions of equality, autonomy, participation and solidarity are central to the purpose of UNCRPD and the project in reinforcing the rights of PWDs. Majority of the disabled population of Georgia are isolated socially and/or physically, and learning about their human rights, including the most basic right to have some say and control over their lives, was the first step undertaken by the project towards their self-liberation. While supporting implementation of UNCRPD that establishes understanding of disability within the context of

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human rights, the project also promoted a rights-based approach to disability in Georgia, and increased awareness that disabled people have the same rights as other citizens, although their entitlements may be frequently denied to them.

Another key focus of the project activities was on capacity building of DPOs to provide legal services to PWDs and promote enforcement of UNCRPD and national laws locally. CIL has already strengthened 20 DPOs in Tbilisi and west Georgia to advocate for inclusive development and increase PWDs participation in decision-making locally. However, much more training was needed for DPOs to address the urgent legal discrimination issues, especially in terms of providing legal aid, information and services.

Finally, CIL mobilized judges, lawyers, students and PWDs in the project regions through training and seminars on UNCRPD, national laws and rights protection mechanisms to combat discrimination of PWDs and improve their legal advocacy and representation.

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higher education for students with disabilities. Although the 2010 decree of the Minister of Education and Science requires physical accessibility of the university buildings before accreditation, the level and quality of the provided accessibility is never monitored. Due to the absence of physical accessibility, qualified staff, relevant technology solutions and methodological assistance for students with special educational needs, the level of education provided to existing students is very low and puts them in an unfair situation compared to their peers. The Law on Higher Education does not address any of these gaps.

The purpose of the focus group’s meeting with the representatives of the Tbilisi Public Service Hall was to discuss accessibility requirements of different groups with disabilities and identify solutions that are necessary to improve access to all PSH services for people with vision impairments, hearing impairments, intellectual disabilities, etc. The solutions discussed during the focus group included: alternative means to communicate information to persons with intellectual disabilities; ensuring sign language interpretation for the deaf (through video conference); utilizing electronic documents for the blind (as most of the blind people cannot read Braille script); provide tactile paving for the blind, and visual signs, so called “pictograms” for people with intellectual disabilities to navigate the building easily, etc.

The purpose of the focus-group discussions with parents of persons with disabilities was to brief them about the legislative changes drafted by UNCRPD expert team, collect feedback and suggestions from them, specifically dealing with the inclusive education at general, higher education level, and inform the parents about the implications of the drafted amendments, as well as the potential improvements/changes in the existing services as a result of the amendments.

As a result of these meetings, a set of legislative amendments to bring the Georgian legislation in compliance with UNCRPD has been drafted by UNCRPD expert team and handed to the members of Parliament for further review and advocacy. The amendments have been drafted in close cooperation with the decision-makers, and are therefore, synchronized with the current reforms and policy decisions. They are aimed at specifying certain mechanisms and action plans, and suggesting reasonable timeframes for implementation.

The purpose of the drafted amendments was to:

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mechanism in Georgia, and still have not come to an agreement. Mr. Quinn, who has been contracted by the project to deliver training for lawyers, and who has played a significant role in drafting UNCRPD, met with the staff of the Human Rights Secretariat, officials from MoLHSA, Ombudsman’s Office and disability and human rights organizations (05.11.2015; 02.12.2015; 21.12.2015), and talked about international practice of implementing Article 33 of UNCRPD, and described different solutions in the EU countries. Mr. Quinn also provided his advice on what should be the preferable solution for Georgia, considering the current reality. At the end of the meeting, Ms. Jaliashvili, Head of the Human Rights Secretariat announced that the GOG would speed up the process of designating a focal point, and identifying a coordination mechanism. As Ms. Jaliashvili described, the former National Coordination Council on the Issues of Disability established in 2009 as a consulting body, will be re- organized and re-structured as a focal point responsible for implementing UNCRPD in Georgia. After the pressure exerted by CIL, the GoG is proceeding quicker in designating a focal point and coordination mechanism responsible for implementing UNCRPD. Most importantly, the plans and mechanisms announced by the Human Rights Secretariat are in compliance with UNCRPD’s core principles, as required by CIL.

1.3. Support the DPOs to establish and implement regional Disability Consulting Councils (DCCs) at local municipalities in Imereti, Guria, Samegrelo and Adjara.

CIL and Legal Support Groups (LSGs) were helping DPOs in Guria, Samegrelo, Adjara and Imereti regions to establish Disability Consulting Councils (DCC) in local municipalities, and improve PWDs participation in local decision-making. The purpose of establishing and implementing DCCs in the project regions was to inform the local authorities about the 2014- 2016 State Action Plan on Providing Equal Opportunities for Persons with Disabilities and UNCRPD; monitor and enforce UNCRPD and involve local disabled communities in decision- making.

To support local DPOs to establish and implement the DCCs, CIL and LSGs met with local municipalities and the representatives of local DPOs.

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Finally, a number of DCCs were established in the project regions. DLAP also supported the municipalities and local disabled communities to identify, nominate and elect local leaders with disabilities, parents and other stakeholders in the composition of the local DCCs.

CIL provided technical assistance and monitoring of the elections of the DCC members and held several meetings for this purpose. DLAP also helped to re-organize and restructure the DCCs in project regions.

DLAP helped project regions to establish disability-consulting councils (4DCCs in total) in local municipalities: 1. ; 2. Sachkere; 3. ; 4. ;

DLAP supported local municipalities to re-organize and restructure DCCs in the local municipalities: 5. ; 6. ;

CIL provided consultations and continues to support local municipalities in the process of finalizing the scope of work of DCCs in the local municipalities: 7. ; 8. Keda ; 9. ; 10. .

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2.1. Legal Support Groups in Tbilisi and west Georgia to provide legal aid and services to PWDs.

At the beginning of the project, CIL was working on reaching out, interviewing and recruiting lawyers, law students and disability advocates for Legal Support Groups (LSGs). For this purpose, CIL contacted its member and partner organizations in Tbilisi and west Georgia, also human rights organizations with representation in west Georgia, and universities and other educational institutions, where CIL had conducted seminars and workshops with students. The selection criteria included experience in human rights work; experience in preparing law- suits (preferably dealing with human rights violation); good knowledge of administrative and civil codes, etc. In total CIL conducted 12 meetings (9 in the cities of west Georgia and 3 in Tbilisi) to interview and select interested individuals. As a result, two LSGs were formed in project regions: one in Tbilisi, and one based in Kutaisi but covering all of the four project regions in west Georgia (Imereti, Guria, Samegrelo and Adjara).

Below is the list of members of the two Legal Support Groups in Tbilisi and west Georgia:

Tbilisi (7 persons): Ketevan Khomeriki – Lead Lawyer/Group Coordinator Tamar Dekanosidze – Lawyer Consultant Tinatin Revazashvili – Disability Advocate/Human Rights Defender (PWD) Esma Gumberidze – Law student (PWD) Nino Tsitsishvili – Law student Nako Edisherashvili – Law student Vakhtang Okujava – Law student

Kutaisi, west Georgia (9 persons) Ketevan Svanidze – Lead Lawyer Eka Kukhianidze – Lawyer Consultant Teona Kurtsikidze – Lawyer Consultant Sophio Kupatadze – Human Rights Defender/Group Coordinator Tinatin Gelkhvidze – Disability Advocate (PWD) Sopho Ormotsadze – Law student

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Again, the training was developed and facilitated by International Disability Rights Consultants Bruce Curtis and Jennifer Geagan. Disability and legal content specialists from the U.S. and Ireland, John Wodatch and Gerard Quinn respectively provided classroom presentations, panels and educational videos. The topics of the 5-day training included:

• Review of obligations of states under UNCRPD; • Presentation and discussion on jurisdiction and procedures for EU Court System; • Presentation and discussion on jurisdiction and procedures for bringing cases to court in Georgia; • Anti-discrimination legislation in the U.S., EU and Georgia; • Legal capacity reform; • Domestic violence against persons with disabilities; • Independent living and deinstitutionalization; • Moot court/practice trials (legal capacity, deinstitutionalization, etc.).

In addition to the theory sessions and presentations of John Wodatch and Gerard Quinn, the experts also prepared legal exercises for the participants and coached them on how to present their cases and arguments in courts and in front of UNCRPD Committee.

Each day of the training was filmed by CIL on video. The photos of the training are also uploaded on CIL’s Facebook page.

As a result of the 15-day intense training in disability case law, discrimination and litigation, the project has built a cadre of knowledgeable lawyers and disability advocates who improved access to justice for PWDs in the project regions, and provided training to different legal professionals throughout the project.

Public Lecture on Legal Capacity of Persons with Disabilities

In response to the increasing interest in legal capacity issues in Georgia, Prof. Gerard Quinn delivered a public lecture on legal capacity for a wider audience, including government officials, disability advocates, lawyers and law students. The public lecture “Legal Capacity

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As a result of these meetings, about 600 people were informed about the Articles 8, 9, 25 and 28 of UNCRPD.

2.3. Support the DPOs to promote implementation of UNCRPD and the 2014-2016 State Action Plan locally and provide legal information and support services.

DLAP organized 2-day trainings for DPOs from Tbilisi and the project regions on understanding and enforcing UNCRPD and national disability legislation at the local level. A total of 47 persons with disabilities (21 female, 26 male) from the following 24 organizations participated in the training:

1. Changes for Equal Rights (Adjara); 2. Civil Monitoring (Adjara); 3. Vector of Progress (Guria); 4. We Are All the Same” (Samegrelo); 5. “Looking for Kindness” (Samegrelo); 6. Disabled People’s Union (Imereti); 7. “ Step” (Imereti); 8. Association for the Integration and Development of Persons with Disabilities (Samegrelo); 9. Union of Persons with Disabilities (Imereti); 10. Integration 2008 (Imereti); 11. Woman and Reality (Tbilisi); 12. Parents Information Center (Tbilisi); 13. Parents of Children with Hearing and Speech Impairments (Tbilisi). 14. Step Tkibuli – Tkibuli, Imereti 15. PWDs Union “Faith and Hope” – Baghdati, Imereti 16. NGO ENGURI 1 – Zugdidi, Samgrelo 17. Tkibuli Development Fund – Tkibuli, Imereti 18. Sachkhere Union of Persons with Disabilities – Sachkhere, Imereti 19. NGO Agro-Business Center – Tkibuli, Imereti 20. Union of Persons with Disabilities of Khulo – Khulo, Adjara

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21. Hangi Association – Zugdidi, Samegrelo 22. Sameba Creative Group – , Guria 23. Changes for Equal Rights – Batumi, Adjara 24. Vector of Progress – Lanchkhuti, Guria

The 2-day trainings covered the following topics: - Mechanisms to promote PWDs participation in planning and decision-making; - Importance, instruments and methodology of including PWDs in decision-making; - The role of civil society in general, and DPOs in particular, in promoting inclusive decision- making.

The training evaluation revealed the following % increase in the knowledge of training participants:

- Knowledge of UNCRPD and national disability legislation – 35% - Knowledge of the meaning and importance of inclusive decision-making – 30%

- Knowledge of the mechanisms promoting increased PWDs participation in decision-making – 40%

When asked about the three most important knowledge/skills acquired as a result of the training, 45% of the participants name the increased knowledge and understanding of the importance, structure and statute of the local disability councils as the best mechanism for PWDs participation in decision-making.

Legal advocacy Work

In the frame of this project, CIL was providing the legal services to persons with disabilities. The cases of discrimination included the issues of legal capacity reform and deinstitutionalization. In total, CIL lawyers were working on 5 individual cases, 16 cases in cooperation with ATIPFUND, 4 pending cases, and 5 mediations (in addition, some of the cases were terminated):

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1. Legal Capacity reform - L.T.’s case (individual case)

L.T. is a 23-year old male with physical disability who was declared as legally incapable by the court in 2010, based on the desire of his mother who remains strongly against recovering the legal capacity to his son. The Tbilisi LSG lawyers tried multiple times to educate L.T.’s mother about the recent legal capacity reform and its implications, but their requests for a meeting with her were ineffective. After two-months of proactive efforts to persuade L.T.’s mother to give her consent over the restoration of L.T.’s legal capacity, L.T. decided to go against the will of his mother and ask the Tbilisi LSG lawyers to initiate the process. As a result, CIL lawyers appealed to the court on March 30, 2016 requesting to initiate a process of recovering L.T.’s legal capacity. In June, the Appeal Court cancelled the Tbilisi City Court’s decision on the refusal of the admittance of the case. The case was returned to Tbilisi City Court for another review. In September, Tbilisi City Court found the legal deficiency, however, CIL lawyer considered that it was incompatible with UNCRPD and the Constitution of Georgia, and filed a case with the same request. At the end of September, as a result of multiple communications between the project lawyer Ketevan Khomeriki, and the assistant judge, DLAP received confirmation that the court had admitted the case and the Levan Samkharauli National Forensics Bureau is studying the case.

2. Death of a child with Down syndrome – N. K.’s case

The Tbilisi LSG lawyers are working on the case of N. K. – Child with Down syndrome who died in one of the hospitals in Georgia. His parents asked the lawyers for help to look into a possible negligence of the doctors. The LSG group asked several independent expertise centers to conduct alternative expertise of the case files; however, most of them refused to take this case, until, after several weeks, one of them agreed to proceed with it. In August, the results of the expertise became available, and are now strictly confidential; however, this gives the parents an opportunity to continue their fight. During September-October, the DLAP lawyers were planning to file these documents to the Attorney General, but due to a serious illness of N. K.’s father, the case is being delayed.

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3. Deinstitutionalization – T.B.’s case

DLAP continues working on the case of T.B. – a woman in a wheelchair who currently lives in the institution and has a son, who is homeless and sometimes stays with his friends in Batumi. In response to CIL’s written request, the Ministry of Labor, Healthcare and Social Affairs (MoLHSA) provided cost calculations per one institutionalized person, as well as the overall budget for operating and maintaining Dusheti institution per month and annually. With this information at hand, CIL was able to identify the amount of money that the state spends on each individual in the institution. Based on this information, the DLAP lawyers submitted a letter to Municipality (T.B.’s previous place of residence before her institutionalization) comprehensively describing the arguments for providing housing for T.B. in the Rustavi Municipality. The Rustavi Municipality rejected CIL’s request due to a lack of funds. In June, DLAP made an administrative complaint against the decision of the Rustavi Municipality. On October 21th, the Rustavi City Court admitted the case. Preparatory meeting was appointed for January 23, 2017.

4. Driver’s license for PWD – T.G.’s Case

T. G. contacted CIL complaining that he was refused a health certificate by the Central Republican Hospital. The DLAP lawyer Ketevan Khomeriki assisted him to request the certificate once again from the above-mentioned hospital; however, he was rejected again. Ms. Khomeriki asked for a formal written explanation as to why they were refusing to provide the form. Later, the hospital contacted the DLAP lawyers and asked for a meeting on September 27. At this meeting, it was declared that T.G. is not capable to drive a car because of his health conditions. DLAP lawyers considered this decision discriminatory, and prepared a constitutional claim. For this purpose, the lawyers had to seek for alternative expertise. In October, they succeeded to find an expertise bureau and had an expert opinion that T. G. was absolutely capable of driving a car. In December, the lawyers worked on the constitutional suit papers.

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5. Liberty Bank Case - D.T. against Liberty Bank

DLAP received a complaint about the discriminating practices of the Liberty Bank. D.T. is an individual entrepreneur with visual impairments based in , Imereti region. D.T. runs successful small businesses in Kharagauli and constantly needs bank services. He was rejected by the Liberty Bank to provide bank service, demanding to bring a third party as a representative for every bank transaction. In addition to the fact that this requirement is very discriminating and forces D.T. to disclose his personal and business information and transactions to others, D.T. does not have a choice in Kharagauli, as there is only the Liberty Bank available in his community.

DLAP decided to follow up on this case, and prepared another law-suit against the Liberty Bank, and filed a claim in the Tbilisi City Court. The claim was rejected stating that the case should be filed in the Court. In September, the LSG Lawyers filed the same case in the Zestaponi Court; however, it was also rejected asking for changes in it. CIL lawyers were revising the law-suit when the Liberty Bank asked for a meeting. CIL and the bank discussed the D. T. case and agreed to change their service rules in future. Meanwhile, D. T. was allowed to use bank services including any transactions, without bringing a third party as a representative.

6. Liberty Bank Case – N.L. and R.M. against Liberty Bank

Two persons with disabilities – one with hearing impairments, and the other one with visual impairments – contacted the Tbilisi LSG lawyer separately from each other but with a very similar complaint. They were both refused services by the Liberty Bank informing them that according to the new disability service standards of the Bank (changed a month ago), persons with disabilities were not able to withdraw their pension, or make international transfers without the assistance of a third party with the power of attorney certified by a notary. This is a very blatant discrimination on the ground of disability carried out by the Bank, which pose additional barriers for persons with disabilities to access the Bank’s services. Namely, UNCRPD Article 9 and 12 are violated.

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With the LSG help, the two individuals with disabilities submitted letters to the Liberty Bank requesting more detailed information about the new service standards dealing with persons with disabilities and explain the legal background for these standards. Responses received from the Liberty Bank were also very discriminatory. The letters stated that Liberty Bank service standards about persons with disabilities require them to have a third party representative in order for the Bank to fulfill bank transactions. However, Liberty Bank did not elaborate on the standards, nor did they provide clear explanations or the standards themselves.

The DLAP lawyers prepared independent complaints for both of these cases during May and June and filed the cases in Tbilisi City Court.

7. Mediation with Liberty Bank – N.I. Case

The west Georgia LSG lawyers were approached by a person, N.I. with visual impairments from a mountainous region with an issue with the Liberty Bank. N.I. was named as one of the guarantors for the debt of his acquaintance, whose debt at the Liberty Bank, because of non- payment, increased 3 times over a course of years. To cover the debt and its interest rates, the Liberty Bank started cutting money from the accounts of the guarantors, including N.I. whose disability pension was repeatedly taken away by the Bank during many months. N.I. and CIL lawyer met with the credit officer at the Liberty Bank Headquarters who turned out to be very rude and disrespectful. The lawyer explained the situation of N.I., the importance of the disability pension for his family, and insisted on the Liberty Bank stopping withdrawal of his pension as it was unfair and unlawful. As a result of an intense 2-hour conversation, CIL lawyers succeeded in getting the Bank’s confirmation that they would stop cutting N.I.’s pension to cover the debt. In February, N.I. was able to receive his pension for the first time after several years.

8. Accessibility law-suit against the

In February 2016, CIL lawyers filed a law suit with the Sachkhere District Court on behalf of I. L. and her family. DLAP’s law suit aimed to overturn the Sachkhere municipality’s decision to

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refuse to make the building entrance handicap accessible, claiming lack of financial and administrative resources. In March 2016, the court ruled and required the Municipality to disregard the previous administrative decision, and to investigate, evaluate, and act to make the building wheel-chair accessible. The ruling marks a step forward in enforcing disability rights and sent a clear signal that the courts will no longer accept a ‘lack of resources’ as an argument for failing to support and defend the rights of every Georgian citizen. Besides, the administrative acts were issued without participation of persons with disabilities, thus ignoring the law and UNCRPD standard provisions. The court ruling is effective as of March 29, 2016.

The DLAP lawyers are following up on the enforcement of the court ruling with frequent meetings and communication with Sachkhere municipality as well as the complainants.

9. Driver’s license for PWD – I.K. Case

I.K. is a 26-year old man with cerebral palsy from , Guria who was refused to renew his driver’s license because of his disability. I.K. contacted the Ministry of Internal Affairs (MIA) Service Agencies multiple times, but he was rejected every time and was told that all of the files about him were lost. Therefore, he contacted the DLAP lawyers to provide legal support to him for renewing his driver’s license.

The DLAP lawyers and I.K. visited the MIA Service Agencies in March and requested copies of I.K.’s papers, as well as a formal written explanation as to why they were refusing to renew his driver’s license. The Agency personnel argued that I.K. had submitted contradictory medical papers to the Agency on which their refusal was based. However, according to I.K., he submitted these papers only because they had been demanded by the Agency itself. In order to avoid confusion, I.K. filed his request for the renewal with the Agency again based on new medical examination papers in March.

In April, I.K. received a second refusal from the MIA Service Agency about the renewal of his driver’s license bringing new factual information which was previously unknown to the DLAP lawyers (disclosure of this information is not possible as it is personal information). This new

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piece of information has substantial importance for the driver’s license proceedings, therefore, it was agreed that the DLAP lawyers would wait for the clarifications on these issues before proceeding on the case.

10. Application of the anti-discrimination legislation to promote disability rights

CIL actively contributed to the drafting of the bill on combating all forms of discrimination in Georgia, which was adopted by the Parliament in May 2014. CIL attended discussions and reviews of the document regularly, and submitted its recommendations and commentaries to the drafting workgroup. As a result, the bill includes description of discrimination against persons with disabilities, and relevant mechanisms for combating discrimination as well. Adoption of the draft bill triggered revisions and changes in a number of laws, codes, regulations and policy papers, removed discriminating language and wording in Criminal Code, and aggravated penalties for discriminating persons with disabilities, specifically in the Criminal Code Article 142. Up until now, this article imposed liability on the discriminating person/entity only for violating the equality notion, but not all of the discrimination cases were considered severe enough to lead to the punishment of the discriminating person/entity in the Criminal Code.

CIL lawyers utilized the above-described changes in the Criminal Code and on December 11, 2015 filed the first case with the Georgian Prosecutor's Office demanding to look into the discrimination of children with disabilities. Namely, the rehabilitation center of children with disabilities "Space of the Sun" was forced to leave the rented facilities due to the pressure on the facility owner by those who were also renting office spaces in the same building. CIL demanded from the Prosecutor to investigate the fact according to the Article 142 or 142² of the Criminal Code, which deal with the violation of equal rights and refusal to implement the rights of a person with disability on the ground of disability. Investigation into the possible discrimination of children with disabilities was initiated by the Prosecutor’s Office of Georgia, based on the case submitted by CIL. However, in November 2016, Prosecutor’s office told CIL’s lawyer that the investigation was terminated because of the lack of evidences.

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11. Institutionalized persons with disabilities (cooperation with ATIPFUND)

Based on the memorandum and agreement between CIL and ATIPFUND, the Tbilisi LSG is helping the ATIPFUND to restore the legal capacity of 16 institutionalized persons with disabilities and involve them in the supported decision-making system. The Tbilisi and west Georgia LSG lawyers visited two institutions (located in Dzevri and Martkopi) several times to try to establish contacts with the beneficiaries and identify their desires, needs and preferences. However, it must be noted that a two-week deadline given by ATIPFUND to the DLAP lawyers was sufficient to collect information from two beneficiaries only. The Tbilisi LSG prepared the files of these two beneficiaries so that their desires and needs were communicated to the court to the maximum extent On February 22, the Tbilisi LSG submitted statements and files of all the 16 individuals to ATIPFUND and ATIPFUND forwarded them to the respective courts. The Tbilisi LSG has requested from ATIPFUND to keep the DLAP lawyers informed about the court proceedings, specifically about the examinations and conclusions prepared by the Government’s Expertise Bureau on the two beneficiaries that CIL was able to talk to and identify their desires and preferences.

12. Georgian Railway - T. K.’s Case

In December 2016, DLAP received a complaint against the Georgian Railway. T.K. is a wheelchair user who wanted to buy a railway ticket online, however it was impossible, as special places on a train could only be bought on the day of a trip from the cashier. On the next day, T. K. was not able to use an accessible seat as the places had already been sold to non-disabled people. T.K. felt uncomfortable to say anything to the passengers occupying accessible places as they were with children and decided to wait in the corridor. T. K. tried to clarify the situation with the railway staff; however, it took him more than 40 minutes to take his seat. CIL lawyer believes that this case demonstrated discrimination: first, a person with disability could not buy a ticket on equal terms with others, and second, he could not take his seat without a problem. The DLAP lawyer started working on this case, specifically, collecting the documents and recording explanations.

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The deadline for submitting applications was Monday, February 22, 2016, 17:00.

RFA Q&A: DLAP held one information session for all potential applicants on February 2, in Tbilisi at Ts. Dadiani Ave., 136 (Association Anika’s office) in order to answer the questions of potential applicants. Applicants could also e-mail DLAP Project Manager and Project Director with their questions. Answers to their questions were sent out to all of the applicants on February 3.

RFA results: A total of 20 applications were submitted to CIL from the project target regions.

Tbilisi: 1. PARSA 2. Association of People in Need of Special Care (APNSC) 3. First Step Georgia 4. The Blind Union 5. Union “Woman and Reality” 6. Parents’ Bridge 7. Union of Entrepreneurs with Disabilities 8. Association for Free Development and Rights 9. Association of Support to Children with Hearing and Speech Impairment

Samegrelo: 10. Association for the Integration and Art of Persons with Disabilities “Hangi” 11. Association DEA

Imereti: 12. Development and Rehabilitation Center “TAIRISI” 13. Regional Initiative Center “Bright Future” 14. Kutaisi Office of Georgian Young Lawyers Association 15. Registered Union of Persons with Disabilities of Sachkhere

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Adjara: 16. Youth organization “Changes for Equal Rights” 17. Union of Persons with Disabilities of Khulo

Guria: 18. Youth Center Progress 19. Charity Association “Guria” 20. NGO Road To Hope

Grants Evaluation Committee (GEC) All of the 20 proposals submitted to CIL were evaluated in two stages: Stage 1 – Technical Evaluation (CIL) Stage 2 – Comprehensive Proposal Evaluation (GEC)

2 applications, one from Adjara and one from Guria regions, were disqualified during the Evaluation Stage 1 due to their incomplete applications.

RFA Criteria: Project Description – 20 points Goals and Expected Results; Evaluation and Monitoring – 25 points Target groups – 15 points Human and Organizational Capacity – 20 points Budget - 20 points. Grant Evaluation Committee consisting of representatives from Save the Children, World Vision and EMC (Human Rights Monitoring and Education Center) evaluated the remaining 18 proposals according to the criteria and scoring system described in the RFA, and selected 5 applications best responding to the objectives and requirements of the RFA:

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The project educated persons with disabilities in Adjara region about their rights under UNCRPD and trained them in advocacy Supporting techniques and strategies. CER also carried Changes for Equal Implementation out public education campaigns to raise Batumi, Adjara 10,000 6 months Rights (CER) of CRPD Articles awareness about specific UNCRPD articles (8, 8, 9, 25 and 28 9, 25 and 28) and support the Government of Adjara to develop the action plan on implementing the above-listed articles of UNCRPD.

Supporting Early The project reached out to children with Development disabilities aged 0-5 in Chokhatauri, Youth Center and Rights municipality to identify the developmental 8,775 6 months Guria “Progress” Protection of barriers facing these children, and promote Children with their inclusion and dignified development in Disabilities cooperation with the local government.

DEA raised awareness of Zugdidi, and Chkhorotsku disabled communities and their family members, local decision-makers and youth about UNCRPD and the importance inclusive decision-making. The project trained local communities with disabilities in Zugdidi, Know Your Association DEA 9,995 6 months self-advocacy and enhanced coordination Samegrelo Rights with local governments to address local issues with participation of persons with disabilities. Finally, the project promoted removal of negative attitudes and stigma about disabilities in the societies of Zugdidi, Tsalenjikha and Chkhorotsku

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disabilities, and underline the role of local governments in addressing these needs, and developing adequate disability programs and policies on the local level.

The UPDS project continued communication with the local governments of Sachkhere and Chiatura by organizing more information and discussion meetings with them during June- August. Persons with disabilities, their family members and legal representatives also participated in the discussions to communicate the first-hand information to the decision- makers about the barriers faced by local disabled communities in their efforts to implement their rights. UPDS facilitated the debates between the two actors, and initiated the dialogue about establishing Disability Consulting Councils within the municipalities of both towns. During the monitoring meeting with UPDS, it was underlined that they successfully formed two Disability Consulting Councils in Sachkhere and Chiatura. They held a number of meetings with the councils, where they discussed and planned their future strategies and action plans. It was agreed that after the end of the project, the organisation would continue communication with the local governments of Sachkhere and Chiatura. Finally, local media actively covered their activities, and especially the news about the formation of two DCCs. http://imervizia.tv/news.php?action=news&id=2335 http://imervizia.tv/news.php?action=news&id=2342

UPDS marked June 14 - National Disability Rights Day by holding various public education events in Chiatura and Sachkhere, including: a UNCRPD quiz for five teams from Sachkhere and Chiatura public schools. Representatives of the Sachkhere and Chiatura Gamgeoba and Sakrebulo (municipalities) were also actively involved in the activities.

5. First Step Georgia – Tbilisi Project: Improving Quality of Life and Rights of Persons with Severe and Deep Intellectual Disabilities by Developing New Service and Increase Access to Services - The project aims to develop a day care service model for 18+ persons with severe and deep intellectual disabilities. The project will also prepare a training module for day care center professionals and others on providing the new service for 18+ persons with severe and

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deep intellectual disabilities and, in cooperation with local authorities, will educate the local disabled communities about various services available for persons with disabilities.

Firstly, the First Step Georgia project team contacted the families of young people with deep and severe intellectual disabilities who are not beneficiaries of the day center services due to the age limitation. Six beneficiaries of different needs and complications were selected to test the model to be developed by the project. A separate room was allocated as a resource room at the basis of the organization, and a specific diet menu was prepared by the team in consultation with the pediatrician. Finally, a multidisciplinary team was formed consisting of a psychologist, occupational therapist, pediatrician, and special education teacher.

Assessment of the beneficiaries: client assessment is one of the essential components of the project. Most of the assessment instruments used by the organization are specifically for children up to the age of 14, therefore, the project will test other different and new instruments, including VB MAPP, HELP and the sensory profile assessment questionnaires.

Teaching: The six beneficiaries have started visiting the center on a daily basis, and their needs are being regularly assessed and monitored by the project multidisciplinary team. At the same time, the team was studying the international practice and models of providing day care services to beneficiaries with deep and severe intellectual disabilities over the age of 18. Finally, the team was working to develop the teaching plan for the beneficiaries. The plans have main focuses: 1) Developing communication, including alternative means of communication; 2) Sensory integration program, and 3) Behaviour management. The purpose of these plans, and the work of the team are to support multidimensional development of youth with deep and severe intellectual disabilities, and promote their active engagement in every day activities.

Assessments of the beneficiaries were finalized in May, after which the multidisciplinary team started working on the teaching plans, which will be in line with the general day care center standards, and will include individual and general teaching plans. The purpose of these plans, and the work of the team is to support multidimensional development of youth with deep and severe intellectual disabilities and promote their active engagement in every day activities.

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After intensive discussions and brainstorming, the team agreed upon the following model and basis of the teaching plan for youth with deep and severe intellectual disabilities aged over 18:

1. Assistive and alternative means of communication (AAC) - activities are aimed at teaching and improving the skills for self-expression and making a choice 2. Sensory integration/stimulation program - activities are aimed at developing skills to process information received through sensory channels such as sight; hearing; smelling; tactile, etc. 3. Development of skills for activities of daily life – activities are aimed at improving the skills for self-hygiene, independent living; self-service, etc.

The organization drafted a base line concept for the day care service model for 18+ persons with severe and deep intellectual disabilities. The draft was shared with partner organizations for the review. In July, First Step Georgia also presented this concept in three different places for day care centers and representatives of other organizations for further discussions and notes.

First Step Georgia hosted a workshop between Tbilisi Municipality Sakrebulo and the project staff in April to inform the audiences about the available services and challenges in this area, and enhance cooperation between the local government and non-governmental organizations to improve services for youth with intellectual disabilities.

First Step Georgia also held an information session with the parents of youth with deep and severe intellectual disabilities aged over 18 in June. The purpose of the meeting was to discuss the program being created by the project for these beneficiaries. The parents also talked about the everyday difficulties of their children, and were informed about the key directions to be implemented in the frames of the new program. While the parents mostly approved of the program and the directions undertaken by the team, they pointed to some gaps that will be addressed by the team, including the sexual education of the beneficiaries.

First Step Georgia also held meetings with the representatives of Ministry of Labour, Health and Social Affairs of Georgia and Majoritarian MP about various services available for persons with disabilities. In total, 23 persons attended these meetings. First Step Georgia

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The June 14 Forum and evening activities were also widely covered by the national media channels:

Imedi TV Morning Show: http://www.myvideo.ge/tv/imedi&seekTime=14-06- 2016%2008:56 Imedi TV News: http://www.myvideo.ge/tv/imedi&seekTime=14-06-2016%2020:27 TV1: http://www.myvideo.ge/tv/gpb&seekTime=14-06-2016%2019:24 Rustavi 2: http://www.myvideo.ge/tv/rustavi2&seekTime=14-06-2016%2015:52 Radio Tavisufleba: http://www.radiotavisupleba.ge/a/ssm-pirta- problemebi/27796695.html

December 3 - International Day of Persons with Disabilities

On December 2, 2015, CIL held an event to recognize the International Day of Persons with Disabilities (PWDs), traditionally celebrated on December 3. The event enjoyed participation of the U.S. Ambassador to Georgia and USAID Mission Director, Minister of Justice, members of the Government of Georgia, representatives of the Ombudsman’s Office, and international and local NGOs. Many disabled peoples’ organization (DPO) members, including users of wheelchairs, attended the event as well.

The U.S. Ambassador to Georgia Ian Kelly made important points about manifold needs of people with disabilities in Georgia, and the US Government commitment to the issues of PWDs.

CIL briefly reviewed the achievements in policy formation and enforcement of disability rights with the support from USAID, and presented the objectives and activities planned in the Disability Legal Advocacy Project for the next year, emphasized the importance of improved legal representation and legal advocacy of PWDs, and demonstrated U.S. Government support for protecting the rights of the disabled population of Georgia.

The project presentation was widely covered by national media, including:

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7. Comments on the Article 6 of UNCRPD – Women and Girls with Disabilities 8. Report of the Special Rapporteur of the Human Rights Council on the rights of persons with disabilities, Catalin Devandas-Aguilar

Hundreds of copies of the literature above were made available for the LSG team, human rights workers, lawyers, law students, teachers, Government officials, disability advocates, and disability NGOs in Tbilisi and the project regions.

For the International Disability Day event in Batumi, CIL printed a banner, and placed USAID and CIL logos according to the approved marking plan.

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Social Video

In order to raise awareness, outreach to the public through TV is essential, as the majority of receive their information through this outlet. CIL has produced a premium quality social video on an independent living philosophy. CIL works with national and local TV stations to ensure that they will broadcast the project created social video for a long time period.

https://www.youtube.com/watch?v=s1X4IdOHeMk

Media Coverage • Tbilisi LSG lawyers were invited to the noon show of the TV Station “Ertsulovneba” in November to talk about the free legal aid provided by the project and discrimination of PWDs. • Tbilisi LSG lawyers also took part in the Radio 1 program on disability rights. • The Georgian Public Broadcasting also covered the fact of filing the first case with the Prosecutor’s Office of Georgia:

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UNCRPD Committee. IDA is also committed to building the capacity of national DPOs in order to support the national efforts towards implementation and monitoring of the CRPD. Upon CIL’s request, IDA’s Senior Human Rights Officer Victoria Lee agreed to help CIL and local DPOs to understand the reporting procedures and requirements of UNCRPD Committee, and receive expert guidance on drafting shadow reports. Victoria Lee is a Senior Human Rights Adviser of IDA’s Secretariat working with the UN Treaty bodies, including UNCRPD Committee and others to ensure the mainstreaming of disability rights in accordance with UNCRPD, and leads IDA’s work in disability rights litigation since 2010. A core activity of her work is conducting capacity building and providing technical assistance to the organizations of PWDs to guide and facilitate their participation before UNCRPD Committee and other treaty bodies, including conducting training workshops, reviewing and revising parallel reports and other written submissions, and advising on the follow up and implementation measures and advocacy. In this role, she has provided guidance to DPOs from over 80 countries from all around the world including post-soviet states, such as Ukraine, Lithuania, Moldova, and Azerbaijan from the Caucasus region.

CIL put together a team of 25 persons with disabilities and/or their representatives from Tbilisi and the regions of Georgia who participated in the workshop facilitated by Ms. Lee during April 25-27, 2016 on the issues listed below: • UNCRPD review process; • How to report on the implementation of the Convention; • UNCRPD principles and obligations; • UNCRPD Committee concluding observations; • Using mainstream human rights instruments to enforce disability rights; • Sustainable Development Goals; • Group work.

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CIL's Giorgi Dzneladze and Tamar Nadiradze were also invited to speak during the four sessions of the school:

June 21: Campaigning for Community-living and Deinstitutionalization June 22:

- The success of the disability law clinic in Tbilisi and west Georgia; - The 2014 ruling from the Georgian Constitutional Court - Requiring the Ending of Guardianship and New Legislation on Supported Decision-making; - Challenges in the Post-Soviet zone.

Two DLAP lawyers: Ketevan Khomeriki (Tbilisi LSG) and Ketevan Svanidze (west Georgia LSG) took part in the summer school as participants, and were engaged in moot court trials, group work and debates around many critical disability issues throughout the school.

Participation in the summer school was a valuable and important opportunity for the DLAP staff, especially now that Georgia has ratified UNCRPD, and is facing the obligations and responsibilities set forth by the Treaty. It is important that the disability advocates and practitioners in Georgia deepen their knowledge and understanding of UNCRPD and the role of the civil society in enforcing its obligations.

It has to be noted that CIL’s presentations about the recent disability developments in Georgia, including the law clinics and advocacy campaigns implemented in DLAP, and the legal capacity reform, deserved significant attention and acknowledgements of the summer school participants. The DLAP lawyers received a lot of questions and requests for more information and invitations to continue information sharing and explore opportunities for future collaboration.

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Key Project Achievements and Milestones:

ü Set of legislative amendments to bring the Georgian Legislation in compliance with UNCRPD has been prepared by UNCRPD expert team, and handed over to the members of Parliament for further review and advocacy;

ü CIL with the support of the Ministry of Justice is updating the bill on Ensuring Equal Opportunities for Persons with Disabilities in order to be reflective of the current improvements/amendments in the Georgian disability-legislation;

ü The decision-makers from the project regions have increased the understanding of UNCRPD principles and obligations for the state, and increased awareness of the disability issues;

ü Four DCCs were established in the project regions, two DCCs – re-organized and restructured, and four DCCs were consulted by DLAP to finalize the scope of work;

ü More than 320 persons with disabilities and local government officials in the project regions have improved communication and work together;

ü DPO participation in decision-making has improved;

ü As a result of 15 days of intense training in disability case law, discrimination and litigation, the project has built a cadre of knowledgeable lawyers and disability advocates who improved access to justice for PWDs in the project regions;

ü 105 barristers have knowledge in disability rights and human rights principles of UNCRPD.

ü About 600 people, including persons with disabilities, their family members, students, notaries, local authorities, social workers, and lawyers were informed about the Articles 8, 9, 25, and 28 on UNCRPD.

ü 24 DPOs were supported to promote the implementation of UNCRPD, and provide legal information and support services.

ü CIL lawyers were working on 5 individual cases, 16 cases in cooperation with ATIPFUND, 4 pending cases and 5 mediations;

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ü Access to justice for PWDs has been improved;

ü 228 persons with disabilities and/or family members were consulted about various issues including social assistance, disability status, services and programs, property and labor rights.

ü Five small grants were awarded to DPOs in the project regions to raise awareness about UNCRPD in local communities, and support its implementation on the local level.

ü Awareness raising and PWDs friendly environment campaigns were conducted during the project including cabinet-level conferences, flashmobs, marshes, and other public events;

ü CIL translated, printed and disseminated eight documents on independent living and UNCRPD.

Summary of Problems/Obstacles Encountered

The Disability Legal Advocacy Project was mainly proceeding with no major problems that could prevent CIL from achieving the expected project results. However, there were some obstacles, both internal and external, that affected the project implementation and required specific actions from CIL to achieve success:

1) One of the key focuses of the Disability Legal Advocacy Project was to influence policy- formation and improve the disability legislation. The Parliament elections has caused the significant delays in the process of reviewing legislative changes prepared by CIL, and finalizing the bill on providing equal opportunities for PWDs. Now, CIL is trying to create a lobby group in the Parliament in Georgia, and the Ministry of Justice has created a working group for working on the bill.

2) The disability movement in Georgia is fragmented and scattered around the country, lacking regular communication and exchange of information to push for positive changes together and more effectively. Initially, the process of reaching out to these organizations

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and bringing them together to discuss urgent issues was hard for the project, as the communication skills and resources of the organizations were poor. However, CIL succeeded in reaching out the organizations working on the issues of PWDs, and bringing them together for meetings.

3) There are thousands of PWDs experiencing and tolerating discrimination every day of their life. Persons with disabilities and their families are not familiar with their rights and protections under the national and international laws, and in most cases, it was difficult for them to admit to experiencing the fact of discrimination. It was challenging to convince PWDs to take their cases to court. However, LSGs in Tbilisi and West Georgia succeeded in most of the cases.

Findings and Recommendations

Despite the overall success of the Disability Legal Advocacy Project, CIL had identified few challenges that remain to be further addressed to achieve sustainable and quality long-term results.

Regional organizations, lawyers and barristers working on the disability issues, remain to be relatively weak at advocacy and lobbying these issues. The trainings provided by CIL were very effective but not sufficient for them to establish themselves as strong professionals, and continue advocating for inclusive development independently. More trainings and ongoing technical support is needed for these organizations and professionals to increase their effectiveness and sustainability. In addition, CIL found that working in the regions is more fruitful when it bears a regular nature, and involves frequent on-site visits and personal communication.

In terms of changing a political climate with regards to the disability issues, CIL found that in the lack of the overall social policy as such, it was hard for CIL to push for system changes in the government attitudes. Despite DLAP’s continuous work viewing disability as a human rights issue, planning and implementing policies based on the social model of disability are still uncommon in Georgia. The issues of social welfare of PWDs must be an

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integral part of the country’s overall social policy. While maintaining good personal contacts and communication with the authorities is essential and very helpful, it is clear that all the efforts must be focused on the implementing system changes, and establishing a social welfare system which will not be linked to individuals as such, which is the current practice in Georgia, and which significantly hinders the development process. To eliminate this practice, it is recommended to expand the group of professionals working on the disability programs at the ministries who are well informed and educated about the rights and needs of PWDs, and who will integrate this knowledge in their everyday work.

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IR 1.2. Enhanced # of Disability 2 councils 2 councils: the DCC in 2 councils (In 10 councils: DLAP heldped 10 Disability coordination Consulting Councils Kutaisi has been re- progress) project regions to establish Consulting Councils (In between local implemented at the organized and re- disability consulting addition two - in disabled local municipalities in enacted. DCC has been councils (4 DCCs in total) progress) communities and project regions established in Baghdati in local municipalities: municipalities as well 1. Chiatura; 2. Sachkhere; 3. Khulo; 4. Kobileti. DLAP supported local municipalities to re- organize and restructure DCCs in the local municipalities: 5. Zugdidi 6. Kouleti CIL provided consultations and continues to support local municipalities in the process of finilizing the scope of work of DCCs in the local municipalities: 7. Shuakhevi 8.Keda 9. Batumi 10. Senaki

% of improvement of At least 10% increase in 2 At least 10% increase in At least 10% At least 10% increase in Total 10% increase in municipal budget municipalities 2 municipalities increase in two two more municipalities four municipalities as a improvements as a more result of the project result of the project municipalities

Acknowledgements

CIL expresses its gratitude to USAID whose technical and financial support made the Disability Legal Advocacy Project possible. We are particularly grateful to our colleagues at the Office of Democracy, Governance and Social Development (DGSD) of USAID Mission in Tbilisi, the Mission Director and the US Ambassador.

The Disability Legal Advocacy Project would not have been possible without a strong partnership with the Government of Georgia, who showed interest in the project’s policy formation component, and then partnered in all relevant activities.

We also thank our partners and CIL member organizations. Finally, we would like to thank the DLAP management team whose hard work and everyday commitment to promote the rights of PWDs made it possible to advance in the process of ensuring equal opportunities and welfare of the disabled population in Georgia.

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