MARCH / JUNE 2013 YEAR # 8 GENERAL AND MANDATORY AMENDING THE LAW OF ON REGISTRATION OF IDPS IDPS The MRA made a decision to carry out the registration of A working group- commission was set up at the Ministry, IDPs and currently operates their comprehensive electronic which, amongst others, aimed to improve legislation database. The foremost objective of IDPs registration is related to IDPs and eventually draft a new law which would to ensure accessibility bring the legislation in of renewed information line with international and profile of the IDP human rights standards. population and up to The office of the Public date information on Defender of Georgia, their families. These the Georgian Young data will as well be Lawyers Association used to profile families (GYLA), United Nations and individual IDPs to High Commissioner for identify their needs and Refugees (UNHCR), offer possible long-term Norwegian Refugee solutions. The results Council (NRC), Danish of registration will be Refugee Council (DRC) used for national level and Public Programs policy formulation as well as its renewal, monitoring tool Fund took part in Commission’s work. for assessing interventions to assist the IDP population. The draft bill developed as a result of the Commission’s As a result of the registration/individual profiling it will be work was discussed with a UN expert Alhemone Abebe possible to: who has reviewed the document after which the final draft Define exact number of IDPs and their families; identify version of the document was prepared. strategic solutions for improving IDPs’ housing conditions; The Law of Georgia on Internally Displaced Persons from study socio-economic profiles of IDPs; renew IDPs the Occupied Territories of Georgia – adopted in1996 – electronic database and gather new information and is in need of considerable improvement of the whole prioritization of IDPs in order to offer needs-based targeted spectrum of legal issues and adequate reflection of IDPs assistance. situation in the context of their rights. The current law also requires improvement in terms of legal structure and legal The next objective of the registration process is to elaborate technique. universal approach and method for continues registration throughout the country. The draft law presented aims to put in place legal mechanisms which would ensure protection of citizens The renewed registration will be carried out at the level and first aid in case of forceful displacement, protection of of municipalities/districts trough individual interviews IDPs rights during the whole period of displacement. The conducted by commission members. The registration document also more accurately reflects today’s realities, will start on 01.08.2013 and be complete on 27.12.2013. state policy towards IDPs and action plan which would During the process, the commission will relocate from one also address challenges before the country. district to the other. More detailed information on these issues with exact dates and locations for the registration The Draft Law’s main novelties include: according to municipalities can be obtained through hotline The bill develops a comprehensive notion of an Internally Displaced Person. Specifically, “A citizen of Georgia MINISTRY’S HOTLINE: WORKING HOURS: (except weekends) of MRA of the municipalities themselves. on reimbursement of sum in case of termination and then reinstatement of allowance, the allowance will be resumed from first day of the following month after decision on the allowance’s resumption. Reimbursement will be made for the omitted period but for no longer than one year from the day of suspension of the allowance. The law also specifies IDPs rights with regards to accommodation and regulations on their eviction from temporary accommodation. Specifically, measures to be carried out by central and local government for eviction of IDPs from spaces transferred into legal ownership of third persons with ensuring their dignity, security and freedom. The draft law also envisions the right of restitution of or a person with a status of person without citizenship property left on the place of permanent residence. in Georgia can be qualified as an IDP who was forced It also sets out guarantees of IDPs integration in different to leave his/her place of permanent residence due to a party of the country until their return and reintegration to danger of his/her of health or life or that of his/her family their permanent residence place so that conditions for members as a result occupation of territory by a foreign secure and dignified life are ensured. state, aggression, armed conflict, mass violence and/ or mass violation of human rights and/or impossibility of his/her return to the place of permanent residence due to the abovementioned reasons.” With the improvement of notion of IDPs shortcomings in the context of their rights’ protection will be eliminated. Receiving of state aid due to a person qualified as below poverty line is no longer a basis for termination IDP allowance. The law allows an IDP to receive both IDP allowance and allowance for persons below poverty line if he/she qualifies as such. The proposed law specifies reasons for suspension, termination and reinstatement of IDP allowance. Guided by analogy of regulations of the Law on State Pension

CO-OPERATION WITH INTERNATIONAL ORGANIZATIONS AND DIPLOMATIC CORPS During the period of March-June 2013, the Minister of izations, diplomatic representatives and non-governmen- the IDPs from Occupied Territories and Accommodation tal agencies. The Ministry’s partners expressed readiness of Georgia (MRA) continued meetings with international to continue co-operation with the aim of solving problems organizations and diplomatic corps informing them on for Georgia’s IDP population. the ministry’s work and plans. These meetings aimed at The EU – one of the main partners of the ministry – has strengthening the ongoing co-operation and discussing supported many projects focused at improving the living future projects, most importantly, the ministry’s top prior- conditions of IDPs. The IDP Program III funded by EU ity – improving durable housing conditions and livelihood supports construction of IDP accommodation and infra- of IDPs. The Minister met with the heads of missions and structure. 7 apartment blocks will be constructed in representatives of: the European Union, the Council of Eu- for 280 IDP families and the preparatory works for the rope, UNHCR, USAID, DRC and other international organ- rehabilitation of 28 apartment blocks is underway. IDP III will continue into IDP IV which will mainly focus on the im- proving of IDP livelihood opportunities and their economic milieu. Also, the investment of 8 million Euro in the con- struction works is planned. The livelihood program will be implemented by the Legal Entity of Public Law established under the auspices of the MRA. The LEPL will function in compliance with the Livelihood Strategy, which is in the process of elaboration by the MRA in close cooperation with international organizations, governmental agencies and national NGOs. As a result of cooperation with other international donor organizations some construction works have been initi- ated. KfW started construction of 8 apartment blocks in MARCH / JUNE 2013 YEAR

Zugdidi for 256 families. With the support of USAID 10 tated building, or an apartment/house. The document will idle buildings will be rehabilitated in region, which be adopted in the form of the normative act and it will guar- will accommodate about 500 families, in addition to that 6 antee that the distribution of durable housing spaces is fair new idle buildings and another 6 collective centers will be and is based on the IDP needs. rehabilitated. MRA received 32 buildings form the Minis- In addition to the above-mentioned issue the meeting with try of Economy for rehabilitation to accommodate IDPs in Chaloka Beyani, a special UN Rapporteur on the Human , , , , , , Poti, Rights of Internally Displaced Persons shall be empha- etc. These sized. The discussions with constructions add up Mr. Beyani concerned a re- to the planned housing cently adopted UN resolu- provision by the gov- tion on Georgia’s internally ernment of Georgia, displaced persons which which allocated 183 recognizes their existence 0002 meters for the and stresses the need to construction works in focus on their needs. At the Tbilisi and at this stage meeting, results of the min- the design works are istry’s work and issues in the being implemented. context of improving IDPs In order to ensure the livelihoods were discussed. transparent process of housing allocation, a document has The Minister also stressed the importance of practical im- been created determining criteria of IDP housing as a re- plementation of the rapporteur’s recommendations. sult of Ministry’s co-operation with partner organizations The Ministry will continue successful co-operation with rel- such as DRC, the UNHCR, NRC and GYLA. Until now, no evant international organizations on issues such as IDPs clearly-defined criteria have been set out. The criteria will rights, issues concerning eco-migrants and repatriation be similar like grading system, which will be summarized processes. Continuation of this co-operation will be posi- while estimating the needs of displaced families. Judged tively reflected on social and livelihoods of the communi- by these criteria, displaced families will be provided with ties concerned as more projects will be implemented in durable housing – be it newly constructed or a rehabili- support of IDPs.

TARGETED INITIATIVE GEORGIA - TIG Since December 2010 the Ministry has hosted a project called qualification needed for finding a decent job was offered Targeted Initiative for Georgia to support reintegration of to 211 migrants. Employment mediation services offered Georgian returning migrants and the implementation of the by TIG Job Counseling and Placement Centers in Tbilisi EU - Georgia Readmission Agreement. The project is in its and Kutaisi were used by 328 persons of which 72 found third year. More than 50 different activities of the project permanent or temporary employment. In total, 58 business were targeted migration-related issues while most attention plans submitted by project beneficiaries after successful is paid to the component of increasing possibilities for the completion of the TIG micro business training were returning migrants and formation of sustainable structural selected for financial support. The most popular business which will remain functional after the projects terminates. ideas remain agricultural (greenhouses, cow/pig/sheep With support of the project, a National Migration Strategy farming and bee keeping), shops (gift, grocery and mixed was developed and approved by the Government of shops), catering services (bakeries and coffee shops), Georgia on March 15, 2013. The MRA, being one of small workshops (jewelry, sewing or mosaic) and services the members of the Strategy working group of the State (mainly beauty salons). Some of the businesses are doing Commission on Migration Issues took active part in the very well succeeded to change form income generating drafting process ensuring the needs of returning migrants activity in a real business in some cases also creating new are properly covered by the document. job places. One of the recent TIG success story is the cow To assist Georgian returning migrants with their farm in started by a married couple returning reintegration a Mobility Centre has been established at from Greece. The TIG support was later completed with the premises of MRA. Since its opening in May 2011 and a bank loan to enlarge the business. Currently there are 10 by mid-June 2013, the Mobility Center registered 1,459 milking cows and three calves at the farm which supplies returnees who ether came back voluntarily (47,2 %) or were neighboring shops with Matsoni on daily basis and makes returned by authorities of various EU countries against monthly profit around GEL 900. their will (22,6 % within the readmission agreement, 30 Recently an Information Campaign on risks related to % under deportation procedure). irregular migration has been stated by the project. Useful In addition to general counseling, registered beneficiaries information and tips to make migration safe could be found can utilize different services available in the Centre. on www.informedmigration.ge and https://www.facebook. Participation in professional trainings aiming to upgrade com/FollowTheSafeWay. FAQ 2. If an IDP families from S T A T I S T I C S registered in a compact settlement are 1. Are there any changes to the Action not satisfied with the durable housing Plan of the State Strategy on IDPs offered, can they refuse privatization? planned? The legalization of living spaces A special working group has been is a voluntary process. If a given established as a result of analysis of family is unhappy with the space, it existing legislation and with the aim of should appeal to the Ministry. These review of laws related to the Ministry’s kinds of cases will be considered by competences. The Commission the Ministry’s Supervisory Council includes employees of the Ministry based on established standards and with relevant competences, alternative option will be offered. representatives of relevant governmental, non-governmental and 3. How is the IDP status granted? international organizations. The group To obtain the status, an individual has developed an amendments package to apply to the Ministry and submit to the Law for Internally Displaced a letter to the name of the Minister, Persons from the Occupied Territories, a photocopy of an ID. They should Accommodation and Refugees of submit the statement on behalf of Georgia. Work on other normative the Minister, a copy of ID card and acts related to IDPs will continue in address record from the local authority order to harmonize entire legislation (in exile) of the occupied territory. with internationally-recognized norms.

Within the UNHCR supported project and in close cooperation with the NGOs, criteria for IDPs’ re-settlement were elaborate. These criteria will later be enshrined in the Ministry’s normative acts and be used as basis for settlement of IDPs.

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