Foreword

This paper has been developed with the joint efforts of the UN New Approach Support Unit (consisting of staff from the UN Office for the Coordination of Humanitarian Affairs (OCHA) and UN Development Programme (UNDP)) and the Governmental Working Group (including the State Chancellery, the Ministry of Justice of , the Ministry of Refugees and Accommodation of Georgia and the Cabinet of Ministers of the Autonomous Republic of ) within the framework of the New Approach to IDP Assistance Initiative. The work on this study was preceded by its authors’ field trips to the regions of Georgia that host a large number of IDPs or where the problems pertaining to IDPs have not been fully investigated. The joint group members visited Samegrelo, , and regions and city. Meetings and consultations with the Georgian government, as well as international and local NGO representatives, working on IDP issues, were also conducted. The present study is the first attempt to review and analyse all normative acts related to IDPs’ rights. We aimed at studying all existing rights, benefits and restrictions pertaining to IDPs in Georgia. We also looked into the actual extent to which IDPs enjoy their rights and benefits, and examined how informed IDPs are on their rights. Shortcomings in the IDP- related Georgian legislation and mechanisms hampering the enjoyment of IDPs’ rights were identified. To address these, we have also worked out a set of recommendations. We believe that the present study will prove helpful not only for the New Approach Initiative and donor organizations involved, but also for IDPs themselves and all governmental, international and local agencies, as well as private persons concerned with IDP issues. We would like to express our appreciation for the consultations and valuable recommendations provided for the study by the representatives of regional IDP Departments of the Ministry of Refugees and Accommodation of Georgia, representatives of the Autonomous Republic of Abkhazia in the regions, other representatives of local authorities, the Public Defender of Georgia and the Office of the Public Defender of the Autonomous Republic of Abkhazia, the Legal Department of the Ministry of Refugees and Accommodation of Georgia, the Department of Education, Health and Culture of the Autonomous Republic of Abkhazia, the Protection Unit of the UN High Commissioner for Refugees (UNHCR), the Norwegian Refugee Council (NRC), UN Association of Georgia (UNAG), Social Programs Foundation (SPF), the Georgian Young Lawyers’ Association (GYLA) and Georgian Lawyers’ Union (GLU). We would also like to acknowledge the contribution of UNDP Program Analyst and the New Approach Program Coordinator Ms. Nana Gibradze.

New Approach Support Unit and the Governmental Working Group

Executive Summary

The main subject of the IDP Rights Study is to investigate the juridical status of IDPs residing in Georgia. It aims at studying all rights, benefits and restrictions existing in the Georgian legislation concerning IDPs, as well as examining how informed IDPs and the relevant Governmental structures are on IDP rights, and identifying the extent to which the relevant laws are observed.

The paper consists of three basic chapters, fourteen subchapters, and a section on recommendations. In order to facilitate understanding of laws and evidence considered below, the paper is furnished with two normative acts that are fundamental as regards regulation of IDPs’ juridical status in Georgia. Attached also is a list of the Georgian governmental structures responsible for IDPs, and IDP rights/exemptions envisaged by the Georgian legislation and reviewed in the study.

Chapter 1 gives a brief overview of the IDP-related Georgian legislation, points to the existing shortcomings and reveals that the Georgian legislation requires further improvement to approximate to the “Guiding Principles on Internal Displacement.”

Chapter 2 deals with IDP political and civil rights in Georgia. It covers such issues as determination of an IDP status upon purchasing land/property, exercising IDP rights to passive and active votes, also marriage, divorce and child-birth; likewise issues on delimitation of an IDP status from an IDP state allowance, rules determining IDP status and proper registration. The chapter analyses the extent to which the relevant laws are observed in practice, and how informed IDPs and the relevant governmental structures are. Shortcomings in the legislation are revealed and points of controversy considered. The Chapter also provides examples illustrating violation or unawareness of IDPs themselves or the responsible structures of IDP rights, revealed at the UN New Approach Support Unit and the Governmental Working Group meetings with IDPs residing in various Georgian regions.

Chapter 3 covers IDP social and economic rights. Issues pertaining to IDP benefits covered by the central and local budgets - such as state allowances, pension, exemption from payments for communal utilities, electricity, water supply, telephone communication, transport and other social services are considered. The chapter includes concrete evidence illustrating that in some cases IDPs fail to or partially enjoy benefits envisaged by the law. It gives analyses of the availability of quality health care and education to IDPs, considers whether the problem of IDP accommodation is settled or not and whether IDPs have an actual opportunity to exercise their economic rights through credit unions.

At the time of developing the given study, it became clear that the legislative basis regulating IDP civil, political and socio-economic rights is imperfect and some of its issues come into collision with the basic law of Georgia - the Georgian Constitution or other national or international normative acts. This entails ambiguity and various interpretations of existing laws. Improving the laws requires consideration of foreign practices as well as of such a relevant document as the Guiding Principles on Internal Displacement, which reflects and is consistent with international human rights and international humanitarian law.

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For Instance, in pursuance of the “Law of Georgia on Internally Displaced Persons - Persecuted,” those displaced as a result of natural or human-made disasters are not considered to be IDPs. Until 2001, IDPs’ right to vote in the local majoritarian and parliamentary elections was restricted, which was a flagrant violation of IDP civil and political rights. Amendments to the Election Code of Georgia envisaged IDPs’ participation in the mentioned elections, however, due to certain misunderstandings, in many cases IDPs failed to enjoy the right since the lists with their names were not delivered to the polling stations.

Among the most acute problems pertaining to IDP issues is IDPs’ unawareness of their own rights and benefits, which facilitates dishonest officials to abuse IDP rights. On the other hand, many state officials responsible for IDP caseload are not thoroughly informed on the relevant legislation, which adds to IDP problems. For instance, IDPs commonly believe that their status depends upon the benefits they are entitled to such as state allowances, free electricity, transport, etc. Consequently, they think that they will lose IDP status if they reject their right to the above-mentioned benefits. This assumption is wrong, for IDP status is valid until circumstances causing displacement continue to exist. Besides, the law does not say whether an IDP has a right to reject the IDP status for some reasons or other and how the rejected sum is to be used. There were cases when employed and well-paid IDPs rejected the state allowance; however, after finding out that the sum was still given out and misused, they decided to have the allowance resumed. Therefore, it is recommended that the relevant law be appropriately amended as to determine terms and norms of rejecting a state allowance by an IDP as well as of mobilisation of the rejected amount into the right direction by the government. Besides, it is necessary to grade IDP state allowance recipients according to their income and deny the benefit to those IDPs, whose income exceeds the subsistence minimum. The above-mentioned activity will facilitate more rational use of funds so as to aid socially vulnerable IDPs.

Many IDPs are unaware whether they have the right to purchase land plots while preserving the IDP status or not. This is caused by the absence of a special norm regulating availability of land plots to IDPs and by the fact that general provisions on land purchase equally applies to IDPs and the rest of the population. It is necessary to create an accurate legislative basis so as to enable IDPs to purchase land and property without fear of losing an IDP status.

Among the basic IDP rights is the right to adequate accommodation. Present collective centres are either unfit to live in or are not residential buildings. IDPs are often faced with problems pertaining to water and electricity supply, sewage system, telephone communication and other utilities of vital importance. Besides, collective centres are often far away from populated areas and agricultural lands, which complicates IDPs’ employment. In theses circumstances, it is recommended to either renovate collective centres and involve IDPs in this process by supplying them with necessary construction tools and materials or provide them with alternative housings.

Another point to consider is the availability of quality health care to IDPs. A certain category of IDPs is granted health care insurance policies, covering overnight medical care, medical

3 services, basic medicines and, partially, in-patient treatment available free of charge. However, the majority of IDPs fail to enjoy the benefits because either they or health workers are not duly informed on the above-mentioned benefit. Therefore, it is recommended that the relevant structures provide IDPs and health workers with due and accurate information. It is also important to set up dispensaries in collective centres, supply them with necessary medicines and employ IDPs having medical education. Most alarming is the spread of tuberculosis among IDPs. Since the disease is of social genesis and among its causes are inadequate living standards and malnutrition, due attention should be paid and addressed in a comprehensive way.

As per education, IDPs are entitled to free education at secondary schools and to certain benefits when it comes to higher education. However, the number of children who cannot afford going to primary and secondary schools due to variety of reasons is increasing. Although immediate reasons are not yet detected, the motive underlying these cases is hard social and material condition of their families. This may result in marginalization of IDP children from their local counterparts. It is, therefore, recommended to develop a children education assistance programme based on the relevant international acts.

As regards to exercise of IDP economic rights, it is worth noting that although the basic law regulating IDP rights exempts IDPs from taxes on agricultural lands for temporary use, IDPs fail to enjoy the right, as the exemption provided by the law on the displaced is not envisaged by the Georgian Tax Code. Therefore, it is recommended to amend the Tax Code so as to unambiguously inform IDPs and the relevant structures on the above-mentioned exemption.

Among the most successful prospects for IDP employment is the promotion of credit unions, which nowadays exist solely in the Imereti region. According to IDP members of credit unions, individuals seriously interested and engaged in agriculture receive a real chance to benefit from credit unions. However, they also consider that existing taxation norms hamper development of credit unions. It is, therefore, recommended to make appropriate amendments so as to facilitate efficient performance of long existing as well as newly set up credit unions.

Problems and recommendations presented in the given paper invite the following conclusions: IDPs are currently deprived of their main right – right to liberty of movement within their own territory. Until the conditions in the country allow them to return to their places of origin, they should be able to fully exercise their political, civil and socio-economic rights in equality with other Georgian citizens. The ways to settle IDP-related problems prove comprehensive and multifaceted and, correspondingly, require clear, deliberate and feasible state policy involving donor organisations and international and local NGOs.

4 1. General Overview of the IDP Related Georgian Legislation

Brief Summary: According to the Ministry of Refugees and Accommodation of Georgia, over 260,000 IDPs are registered in Georgia as a result of ethnic conflicts in South Ossetia (beginning in November 1989) and Abkhazia (beginning in August 1992). Since the country had no previous experience with IDPs and the legislative basis regulating their protection did not exist, the Georgian Government had to develop IDP-related legislation and protective mechanisms on an ad hoc basis. This explains the shortcomings in the current IDP-related Georgian legislation and the necessity for its further improvement to approximate to the relevant international norms.

This chapter provides a brief overview and typology of the existing normative acts pertaining to IDPs in Georgia.

Citizens of Georgia displaced from Abkhazia and South Ossetia, who found a temporary shelter within the territory of Georgia, are referred to as Internally Displaced Persons (IDPs). The term “persecuted” has the same meaning in the Georgian legislation. Abkhazia generated the largest influx of internally and externally displaced persons. No precise records exist of the displaced. However, approximately 120-140,000 persons of various nationalities fled Abkhazia and went to other countries. According to December 2002 data of the Ministry of Refugees and Accommodation of Georgia, the number of IDPs from Abkhazia totals over 252,000 and up to 12,000 from South Ossetia. It is obvious, that such large numbers of IDPs resulted in serious economic and social problems for the newly established independent state - Georgia. Moreover, former Soviet republics, including Georgia, were not prepared for such unusual circumstances. The legislative basis for protecting IDPs did not exist at that time, and protective mechanisms were not developed then. Since 1992 approximately 200 enactments and bylaws (both general and specific) have been adopted. This indicates that addressing IDPs’ problems and taking care of IDPs is a priority issue for Georgia. Georgian legislation regulates IDPs’ rights by means of two types of legal acts, namely: a. Legal acts that are limited to IDPs only and do not apply to other citizens of Georgia. These acts regulate issues related to the specific state of IDPs; b. Legal acts that are not limited only to IDPs. These acts apply to the entire population of Georgia, including IDPs. The principal legal act that directly regulates IDPs’ rights is the “Law of Georgia On Internally Displaced Persons – Persecuted” as of June 28, 1996. According to the Preamble, the Law “defines the legal status of Internally Displaced Persons in Georgia, establishes their legal, economic and social guarantees, and ensures the respect and realization of their rights and legal interests.” This law though has no general provision for the equality and non- discrimination of IDPs. As for the enactments and bylaws of Georgia, which regulate IDPs’ rights and legal status, they provide almost no differences between IDPs and the rest of the population. Concrete examples of violations of IDPs’ rights, which will be further discussed, could be explained either by IDPs’ ignorance of their own rights, or by the ignorance of IDPs’

5 rights on the part of representatives of local authorities or relevant agencies, or by the abuse of IDP rights. It should be observed, that every country develops its own system of IDP protection, which means determining and implementing additional IDP rights and commitments while taking into account the special circumstances of each country. The IDP legislation in Georgia, undoubtedly, requires further improvement to approximate to the “Guiding Principles on Internal Displacement”. In this respect, the positive change achieved in terms of IDPs’ political rights should be noted. In 1992, while the “armed conflict” was still on-going, the first multi-party elections were held in 4 out of 8 precincts in the Autonomous Republic of Abkhazia. Later, the Law on Elections, adopted in 1995, restricted IDPs’ voting rights. Further “restrictive” measures were contained in the following Organic Laws of Georgia – “President Election Law of Georgia”, “Law of Georgia on the Parliamentary Elections” and “Law on the Election of Representative Body of Local Self-Governance – Sakrebulos.”1 Fortunately, these laws, placing IDPs in an unequal and discriminating position, were found invalid by the Organic Law of Georgia “Unified Election Code of Georgia” as of August 2, 2001. According to the new legislation, election regulations that either directly or indirectly restrict IDPs’ or others from participating in local elections are illegal. However, the legislation needs further improvement to really enable IDPs to participate in the Parliamentary elections.2 Still, a step forward has undoubtedly been made.

2. Political and Civil Rights

Brief Summary: The chapter aims at listing all political and civil rights provided to IDPs by international and domestic normative acts, as well as by the “Guiding Principles on Internal Displacement”. The fundamental right of IDPs is to enjoy, in full equality, all the rights and freedoms, as do other citizens in Georgia. They have the right to freedom of movement within the country, but considering the existing realty (two regions with unresolved conflicts), they are deprived of this right. IDPs also have the right to participate in all types of elections and referenda held in Georgia, and to put themselves forward for election too.

The chapter illustrates how some laws regulating IDPs’ political rights come into collision with each other or the Constitution of Georgia, thus entailing ambiguity and various interpretations of them which result in violations of IDPs’ rights.

1 According to Article 36, Point (2) of the Georgian “Law on the Election of Representative Body of Local Self-Governance - Sakrebulos” as of June 25, 1998, IDPs from the Autonomous Republic of Abkhazia and the former Autonomous District of South Ossetia did not participate in the first elections of the representative body of local self-governance - Sakrebulos. According to Article 33, Point (1) of the “Law of Georgia on the Parliamentary Elections” as of September 1, 1995, the list of voters includes all Georgian citizens eligible to vote and residing permanently in an election precinct at the time of the compilation of the voters’ list, as well as the internally displaced persons (refugees) according to their actual places of residence. A separate list shall be compiled for displaced persons, and they shall not participate in the majoritarian elections held in single-mandate precincts. 2 See Chapter “Political and Civil Rights.”

6 In the context of violations of IDPs’ political and civil rights, the violation of their right to freedom of movement within their own country should be mentioned in the first place. This fact has been recognized by the International Covenant on Civil and Political Rights which states that “everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence” (Article 12, Point 1) and by the Constitution of Georgia: “every individual lawfully within the territory of Georgia is free to move within that territory and is free to choose his place of residence” (Chapter 2, Article 22). However, taking into account the existing reality, IDPs do not have the right or possibility to return to their former (permanent) residences. At present, IDPs’ rights on the territory of Georgia are being regulated in accordance with the “Law of Georgia On Internally Displaced Persons – Persecuted”, which states that “a citizen of Georgia or a stateless person permanently residing in Georgia can be considered as an Internally Displaced Person, if he/she was forced to leave his/her place of residence and has been displaced (within the territory of Georgia) on the grounds of threat to life, health or freedom of his/her family members as a result of aggression from a foreign state, internal conflict or mass violation of human rights.” At the same time, according to the “Guiding Principles on Internal Displacement”, “internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border”. These two definitions differ from each other, because according to the Georgian legislation, victims of natural or artificial disasters are not considered to be IDPs. This inconsistency may be explained by the fact that the Georgian Committee on Migration and Accommodation (the present Ministry of Refugees and Accommodation of Georgia) was then being advised by the UN High Commissioner for Refugees (UNHCR). UNHCR’s mandate had no provisions for this category of IDPs. Besides, by 1996, persons displaced as a result of armed conflict experienced the most serious problems. According to Principle 1 of the “Guiding Principles on Internal Displacement”, “internally displaced persons shall enjoy, in full equality, the same rights and freedoms under international and domestic law as do other persons in the country. They shall not be discriminated against in the enjoyment of any rights and freedoms on the ground that they are internally displaced.” This Principle contradicted the existing practice in Georgia, when IDPs’ voting rights were restricted by the election legislation because of political reasons. As for Article 25, Point (b) of the International Covenant on Civil and Political Rights (“every citizen shall have the right and the opportunity, without any of the distinctions…and without unreasonable restrictions to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors”) and Article 28 of the Constitution of Georgia, “a citizen who has attained the age of 18 has the right to participate in referenda and elections of state and self-governing bodies”. At the same time, according to the legislation valid until 2001, IDPs did not have the right to an active vote - i.e. they could not participate in local government elections or Parliamentary elections through majoritarian election system, while they participated in the Presidential elections and Parliamentary elections through proportional election system. These regulations were dictated by political reasons, since

7 participation in local government elections is always connected with the place of permanent residence. IDPs’ place of permanent residence is in Abkhazia or in South Ossetia. The Organic Law of Georgia “Unified Election Code of Georgia” as of 2001 conferred on IDPs the right to participate in majoritarian elections of representative bodies of local self-governance. According to Article 10, Point (3) of the Organic Law of Georgia “Unified Election Code of Georgia”, “a supplementary list of voters is to be compiled by the relevant District Election Commission based on data transferred by the Ministry of Refugees and Accommodation of Georgia and its local agencies regarding internally displaced persons.” Unfortunately, there have been cases when lists were incomplete. Moreover, some polling stations were not provided with IDPs’ lists at all. Apparently, proper attention has not been paid to the fulfilment of this politically significant decision involving IDPs’ participation in elections. At the time of drafting this study, the Ministry of Refugees and Accommodation of Georgia conveyed a verbal message according to which the Central Election Commission is not planning to compile a supplementary list of voters for the 2003 Parliamentary elections. IDPs will participate in the elections as per their temporary places of registration.

2.1. Determination of IDP Status

Brief Summary: IDPs are often unaware of their own rights, due to the fact that their access to credible and accurate information is limited, especially in the regions. The ambiguity of certain IDP- related laws adds to the problem. As a result, IDPs either fail to or partially fail to exercise their rights, or commit illegal acts, in order to receive something that in fact is provided to them by law.

The chapter aims at elucidating certain common confusions and misunderstandings on IDPs’ rights. It states that IDPs have the right to purchase and own land and property on the territory of Georgia while preserving IDP status. They can preserve their status after marriage and divorce, and can grant IDP status to a child upon the parents’ consent, if one of the parents is not an IDP.

It also addresses the issue of the participation of IDPs in elections, and analyses problems therein caused by shortcomings in the respective legislation. Despite the fact that IDPs have the right to an active vote (the right of a Georgian citizen to elect the President of Georgia, members of the Parliament of Georgia, members of a representative body of local self-governance – Sakrebulo, as well as Gamgebeli and Mayor), as well as the right to a passive vote (the right of a Georgian citizen to be elected President of Georgia, a member of the Parliament, or a member of a representative body of local self-governance – Sakrebulo, to be elected Gamgebeli or Mayor), vagueness in the relevant legislation often causes flagrant violation of IDPs’ political rights.

8 The chapter also delimitates an IDP status from an IDP state allowance, noting that voluntary rejection of the state allowance or other benefits envisaged for IDPs does not result in losing of an IDP status.

2.1.1. In the Case of Purchasing Land/Property Special attention should be paid to the issues of purchasing land and property by IDPs. Existing legislation does not envisage special norms pertaining to the availability of land to IDPs. According to this legislation, rules regulating ownership of land apply equally to all citizens of Georgia, including IDPs. As well as this, the legislation has no provision that would restrict an IDP in terms of (real or movable) property. In addition, Article 5 of the “Law of Georgia on Internally Displaced Persons – Persecuted” envisages an exemption for IDPs who have agricultural land plots for temporary use. In particular, according to Point (h) of this article, agricultural land plots allocated to IDPs for their temporary use in accordance with existing norms for IDPs, are exempt from land tax. However, an amendment in the Tax Code of Georgia incorporating this has not been passed. This means that, in fact, IDPs are not exempt from paying the tax.1 Thus, the “Law of Georgia on Internally Displaced Persons – Persecuted”, which exempts IDPs from paying the land tax, comes into collision with the Tax Code, which has not been correspondingly amended2. In practice, IDPs either pay or do not pay land tax depending upon the regional authorities. For example, the district administration refused to allocate land plots for the temporary use of IDPs registered in . However, consent was given after IDPs offered to pay. In general, the majority of local authorities are aware of IDPs’ rights to have land plots for temporary use and try to assist those IDPs who express a desire to cultivate land. In their efforts to have land plots for cultivation, IDPs primarily face problems connected with the lack of land where they temporarily reside (as in ), or natural conditions are not favourable for land cultivation (as in Borjomi), or the land allocated to them is of poor quality (as in Imereti region, Samegrelo and Bolnisi). It should be noted that the Land Reform in Georgia that enabled the population of Georgia to privatise land (however, IDPs failed to enjoy this right), was completed in 19943. IDPs were late in addressing local authorities for allocating land plots to them. As a result, IDPs were in most cases given remote and poor quality land plots (as in Tskaltubo, Didi Jikhaisi and other regions). In such circumstances, IDPs have to fence pastures (as in Menji Resort case). This, in its turn, entails conflicts with locals. At meetings held in Samegrelo, Imereti and Bolnisi, IDPs repeatedly stated that if they are provided with technical (e.g. fertilizers, equipment for cultivating land, transport, fuel) and financial assistance, they are ready to cultivate even remote land plots. However, at Imereti meetings, IDPs reiterated that remote land plots need additional care in terms of security, because there are cases when the crop is stolen and/or the land plots are destroyed.

1 At the same time, because of decisions of Sakrebulos, IDPs are exempt from paying tax for 0.3-0.7 ha land plots. 2 Usually, legislative authority, i.e. a right to submit a bill to the Parliament, rests with the President of Georgia, Members of the Parliament of Georgia, any Parliamentary Commission, Parliamentary Faction, and with not less than 20,000 voters (citizens). 3At present, the State only owns approximately 100 ha of agricultural land.

9 According to the data of the Council of Ministers of the Autonomous Republic of Abkhazia, 12,000 IDP families were granted 4,000 ha of land for free on a temporary ownership basis on the territory of Georgia. As for the land lease, neither the “Law of Georgia on Internally Displaced Persons – Persecuted”, nor the Tax Code envisages provisions for preferential treatment of IDPs. Regarding the purchase of property by IDPs, there is a perception that if an IDP purchases property (e.g. an apartment), s/he could be deprived of her/his status. This is incorrect. Property rights are not bound up with registration. According to Article 2, Point (3) of the Law of Georgia “Concerning the Rule of Registration and Identification of Georgian Citizens and Aliens Living in Georgia,” being or not being registered should not restrict constitutional rights and freedoms of citizens of Georgia and aliens living in Georgia, including limiting rights of property or the provision for their implementation, unless envisaged by the election legislation. Therefore, an IDP has a right to purchase and own property unreservedly on the territory of Georgia (The Constitution of Georgia, Article 21) without being deprived of IDP status. In everyday life, IDPs often come across persons who, despite working on IDP related legal issues, still are not well informed about existing opportunities for IDPs to purchase real estate and get temporary or permanent registration. Due to such a lack of knowledge among persons concerned, IDPs are compelled to register the purchased property in others’ names. This might ultimately result in IDPs losing their property. Of course, it is desirable to create a proper legislative basis, so that neither IDPs nor other interested parties are unclear about the purchase of property.

2.1.2. In the Case of Exercising Rights to Passive and Active Votes According to Article 28 of the Constitution of Georgia, “a citizen who has attained the age of 18 has the right to participate in referenda and elections of state and self-governing bodies.” Thus, the freedom of constituents to express their will is guaranteed. Point (2) of this Article makes one exception for “individuals who are confirmed as ineligible by a court or who have been deprived of their liberty by the due process of law.” The same is stated in Article 5 of the Organic Law of Georgia “Unified Election Code of Georgia: “citizens of Georgia have the right to an active vote after they reach the age of 18, regardless of their race, skin colour, language, gender, religion, political and other opinions, education, ethnic or social affiliation, descent, property or occupation.” The right to an active vote is the right of a Georgian citizen to elect the President of Georgia, Members of the Parliament of Georgia, members of representative body of local self-governance - Sakrebulo, as well as Gamgebeli and Mayor. Voters are registered in the main and supplementary lists of voters. Voters having IDP status granted by the relevant District Election Commission on the basis of IDP data transferred by the Ministry of Refugees and Accommodation of Georgia and its local agencies (The Organic Law of Georgia “Unified Election Code of Georgia”, Article 10, Point 3) are included in the supplementary list. IDPs are registered in the list of voters according to the places of their actual residence. Afterwards they, as voters, are issued with voting licenses. Based on the voting license, voters take part in majoritarian elections, as well as in proportional system elections.

10 As for the right to a passive vote (the right of a Georgian citizen to be elected President of Georgia, a member of the Parliament of Georgia or a member of a representative body of local self-governance - Sakrebulo, to be elected Gamgebeli or Mayor), Georgian legislation ensures equal requirements (namely, age and residence qualifications) for all citizens and makes no exclusions. Namely, according to Article 80 of the Organic Law of Georgia “Unified Election Code of Georgia”, “anyone may be elected President of Georgia if s/he is a citizen of Georgia by birth, has the right to vote, is above 35 years of age, has lived in Georgia for at least 15 years and is living in Georgia on election day.” A political union (Party) of citizens or a group of five voters has the right to nominate a candidate for the Georgian Presidency. As for Article 92 of the Organic Law of Georgia “Unified Election Code of Georgia”, “a Georgian citizen over the age of 25, who has the right to vote and has permanently resided in Georgia for not less than 10 years, may be elected as a Member of the Parliament of Georgia.” A party, an election bloc or a five-person initiative group of voters has the right to nominate a parliamentary candidate. In accordance with Article 110 of the Organic Law of Georgia “Unified Election Code of Georgia”, “a citizen of Georgia, who is 21 years of age on the day of polling, has permanently resided in Georgia for at least five years and is registered through the rules established by the Law, may be elected a member of the representative body of local self-governance - Sakrebulo, Gamgebeli or Mayor: a) during elections of members of the representative body of local self-governance - Sakrebulo, on the territory of the relevant Sakrebulo; b) during elections of Gamgebeli, Mayor, on the territory of the relevant city.” A party, an election bloc or a candidate nominated by an initiative group of voters and registered at the relevant election commission, may take part in elections of the representative body of local self-governance – Sakrebulo, elections of Gamgebeli, Mayor. Registration is very important for a citizen in exercising the right to a passive vote. According to Article 82 of the Organic Law of Georgia “Unified Election Code of Georgia”, the place of registration of a candidate must be indicated in the application nominating a candidate for the Georgian Presidency. Based on Article 95 of this Code, in order to take part in the elections of the Parliament of Georgia, parties and election blocs must indicate the place(s) of registration of their representative(s) in the application. As for the party lists, the Law does not require this. In the case of elections through the majoritarian election system, the application must indicate a candidate’s place of registration; if a majoritarian candidate is nominated by an initiative group of voters, then the place of registration of all members of the initiative group must be indicated in the application (Article 97).1 Concerning the representative body of local self-governance – Sakrebulo membership, candidates for Gamgebeli or Mayor, the Law requires their places of registration to be indicated in the party list, as well as in the application nominating a majoritarian candidate for the elections through majoritarian and proportional election systems. It should be noted that non-fulfilment of this requirement might entail the election commission refusing to register a candidate or the party list. “The Law of Georgia on Internally Displaced Persons – Persecuted” has no provisions on the suspension or deprivation of IDP status if an IDP participates in elections

1 To further reinforce this, during the elections through majoritarian election system, the application of an IDP candidate should indicate his/her permanent, as well as temporary place of residence. This fact does not discriminate against him/her vis-à-vis the local population and does not limit his/her right to a passive vote.

11 through majoritarian election system. However, at the same time, according to Article 6 (Point (c)) of the “Law of Georgia on Internally Displaced Persons – Persecuted”, IDP status is lost when s/he gets permanent registration (and indicates the place of registration, as it is required by the Organic Law of Georgia “Unified Election Code of Georgia”). It should also be noted that IDPs’ participation in the Parliamentary elections conducted through the majoritarian election system means that the Parliamentary Deputation of Abkhazia elected before the armed conflict and still active in the Parliament of Georgia, might be dismissed1. Since, at present, there are no appropriate mechanisms for its dismissal, it is quite possible that the Government will either restrict IDPs’ participation in elections through the majoritarian election system at the last moment or will develop a new mechanism to extend the term of office of the existing Deputation. According to Article 127 of the Organic Law of Georgia “Unified Election Code of Georgia”, “until the jurisdiction of Georgia is fully restored in Abkhazia and necessary conditions are established for elections of Members of the Parliament of Georgia”, the authority of Members of the Parliament is extended to the Members of the Georgian Parliament elected in Abkhazia as a result of the elections of 1992, who are Members of the Parliament of Georgia by the day of the enactment of this Law. This restricts an IDP’s right, as a Georgian citizen, guaranteed by Article 28 of the Constitution of Georgia. Some experts believe that a mechanism for IDPs’ participation in elections through the majoritarian election system could be developed on the basis of the plebiscite2 organized in 1996 (lawyer Mr. Manuchar Akhalaia).

2.1.3. In Case of Marriage/Divorce/Child-birth According to Article 4 of the “Statute of the Ministry of Justice of Georgia” ratified by the President of Georgia’s Decree #544 of December 31, 2001, the registration of civil acts falls under the authority of the Ministry of Justice of Georgia, and are implemented by the Ministry of Justice through its territorial bodies - local departments for the registration of civil acts, special departments for the registration of civil acts, consulates of Georgia and Gamgeobas - executive bodies of local self-governance of villages, dabas (i.e. small towns), communities. IDP status is preserved upon the registration of marriage. Namely, according to Article 4, Point (7) of the “The Law of Georgia on Internally Displaced Persons – Persecuted”, in the case of marriage, an IDP preserves IDP status. The given norm unambiguously confirms an IDP’s right to preserve his/her status after marriage. In this respect, comments attached to the “Rule of Registration of Internally Displaced Persons from Abkhazia and Region” ratified by the Minister of Refugees and Accommodation

1 Since the Parliamentary Deputation of Abkhazia was elected in single-mandate election districts on the territory of Abkhazia, the simultaneous enactment of Articles 5 and 127 of the Organic Law of Georgia “Unified Election Code of Georgia” means that either the number of mandates for the Deputation of Abkhazia should be increased or some other mechanism should be elaborated. There is no mechanism regulating the preterm expiry of the mandate of a deputy of the Autonomous Republic of Abkhazia for some reason or other, and his/her replacement with another person. 2 The Plebiscite – national referendum with voting of IDP and refugee voters from the Autonomous Republic of Abkhazia was held in November 1996. The objective of the plebiscite was to give the majority of the eligible voters of Abkhazia - IDPs and refugees - an opportunity to express their attitude towards the Parliamentary elections scheduled by de facto Government of Abkhazia. It happened to be quite possible for IDPs and refugees to come to ballot boxes during one day. The above written stresses the point that it is possible to gather together IDPs and refugees if an appropriate decision is taken.

12 on January 30, 1998 should be noted. Accordingly, if a local female marries an IDP, she is conferred with IDP status; if an IDP female marries a local resident, she retains IDP status. In the case of divorce, a local female, depending on what she wants, may or may not retain IDP status (as well as her changed last name as a result of the marriage) given to her on the basis of the marriage registration. Based on their experience, representatives of the Georgian Lawyers’ Union noted that in the case of the divorce of an IDP female and a local, the female usually returns to her parents’ residence. In the case of an IDP couple’s divorce, they should appeal to the Ministry of Refugees and Accommodation of Georgia to be provided with an additional residential space. The Civil Code does not regulate such cases. On December 18, 2001, a norm regulating the procedure of granting IDP status to a child after the birth registration was added to “The Law of Georgia on Internally Displaced Persons – Persecuted.” According to it, a child may be granted IDP status upon the parents’ consent, if one of the parents is not an IDP. As stated above, an IDPs’ birth, marriage, divorce, child-adoption, identification of fatherhood, change of name/father’s name/last name, death, change of citizenship, amendment and change of records of civil acts, restoration and abrogation of records of civil acts are regulated by the requirements set by the Georgian “Law on the Registration of Civil Acts.” It should be noted that on June 25, 1998, Article 5, Point (3) of the Georgian “Law on the State Tax” was amended as follows: IDPs are exempt from paying the state tax as determined by the legislation for cases that are being examined by bodies recording acts of citizens’ status, or stated otherwise, IDPs do not have to pay the state tax for the registration of marriage, divorce, child-birth, child-adoption, identification of fatherhood, death, change of name/father’s name/last name, change of citizenship, amendment or change of records of civil acts, restoration or abrogation of records of civil acts.1

2.1.4. Differentiation of IDP Status from IDP State Allowance As it was reiterated during various meetings with governmental and non- governmental bodies, the “Law of Georgia on Internally Displaced Persons – Persecuted” adopted in 1996 was apparently drafted in haste mainly to provide hundreds of thousands of IDPs, forced to leave their homes due to the internal conflicts, with minimum, but at the same time, tangible social protection (at the outset of the displacement, IDPs could not purchase property, find a job, etc.). As stated by the Head of the Legal Department of the Ministry of Refugees and Accommodation of Georgia, Ms. Irma Merebashvili, the term “IDP status” itself should be defined. In general, IDP status is often associated with social allowances (such as financial, food and other types of aid, the norm and delivery rules of which are determined by the executive authorities) more, than with an IDP’s legal right to repatriation. The “Law of Georgia on Internally Displaced Persons – Persecuted” should clearly point to IDPs’ legal right to repatriation.

1 Although the displaced are exempt from paying the state tax, it is rather difficult to oversee whether the written statement is consistent with the existing reality. It is quite possible that some dishonest officials may be taking advantage of IDPs’ unawareness of their rights and illegally still receiving the state tax.

13 It was also noted that if an IDP is more or less successfully employed and his/her income is not less than the subsistence minimum, accordingly s/he should not be entitled to the state allowance. The “Law of Georgia on Internally Displaced Persons – Persecuted” should envisage an IDPs’ right to have the receipt of the state allowance temporarily suspended based on his/her written request. However, it should be possible to resume the payment of the state allowance if there is a deterioration in an IDP’s financial position based on his/her written request. In reality, it is possible to remove an IDP’s name from the state allowance recipients’ list (due to the mistaken identification of an IDP status with an IDP’s social benefits, this fact might be understood as an IDP’s rejection of his/her status, which is by no means correct). However, this would be illegal. Besides, at present it is almost impossible to track how the allowance rejected by an IDP would be spent. Problems existing in the Post Bank and its branches due to delays in transferring the state allowances are not new to anyone. Emphasis should be put upon the fact that rejecting the state allowance for some reason or other does not entail the loss of IDP status. An IDP preserves IDP status until conditions listed in Article 1 of the “Law of Georgia on Internally Displaced Persons – Persecuted” no longer exist in reality (“threat to life, health or freedom of him/her or of his/her family members, as a result of aggression from a foreign state, internal conflict or mass violation of human rights”). As for the suspension, loss or deprivation of IDP status, for more information please refer to the enclosed “Law of Georgia on Internally Displaced Persons – Persecuted”, Article 6.

2.2 Rules Determining IDP Status; Proper Registration

Brief Summary: In order to ascertain the number of permanent residents of Georgia, all Georgian citizens, and IDPs among them, undergo a compulsory registration and consequently receive ID cards. As well as this, IDPs undergo an annual registration as persons with IDP status to receive IDP cards, and all entailing benefits relevant to their status.

The chapter focuses on the procedures for these two registrations and observes certain shortcomings. For example, ID cards for Georgian citizens include a column for indicating “place of permanent residence,” and if a person changes his/her permanent place of residence for more than three months s/he should undergo re-registration so as not to violate administrative norms. Since IDPs’ permanent places of residence are still legally in Abkhazia and South Ossetia, indicating current permanent addresses in the mentioned column would result in the loss of IDP status.

All citizens of Georgia and aliens living in Georgia are subjected to registration according to the Law of Georgia “Concerning the Rule of Registration and Identification of Georgian Citizens and Aliens Living in Georgia” of June 27, 1996. IDPs, as citizens of Georgia, are subject to this registration. The compulsory registration established by this law aims at tracking the number of permanent residents of Georgia. After being registered, every citizen of Georgia receives an identity card of Georgian citizenship and, correspondingly, a

14 passport, while an alien (citizen of another country) permanently residing in Georgia receives a residence certificate. These documents (identity card, passport, residence certificate) include a column for indicating “permanent place of residence” which must be filled in according to a person’s permanent place of residence, or in other words, the address of the place where the person permanently resides is specified. For IDPs, this means the places of residence where they had been living before they acquired IDP status (i.e. before displacement). In accordance with the existing law, if a person changes his/her place of residence or permanent place of residence for more than 3 months, s/he should undergo re-registration, go to the Ministry of Internal Affairs and notify them of the change of residence. Otherwise, the person will be in violation of administrative norms, envisaged by Article 185 of the Code of Administrative Proceedings of Georgia. It is unlikely that the application of the Code of Administrative Proceedings of Georgia will be extended to IDPs, since IDPs’ permanent places of residence (places of residence existing in Abkhazia and South Ossetia) have not legally changed. A change in their permanent places of residence would result in the loss of IDP status under the “Law of Georgia on Internally Displaced Persons – Persecuted Persons”, Article 6, Point 2, Sub-Point (C). Besides, Georgian legislation, as stated above in the “General Overview of the IDP Related Georgian Legislation” (see Chapter 1), regulates IDPs’ rights through two types of legal acts. The Law of Georgia “Concerning the Rule of Registration and Identification of Georgian Citizens and Aliens Living in Georgia” is a legal act that is not limited to IDP issues only, and is equally applied to all citizens of Georgia. According to the “Law of Georgia on Internally Displaced Persons – Persecuted”, a person who leaves his/her permanent place of residence on the grounds mentioned in Article 1, must apply for recognition as an internally displaced person to the regional department of the Ministry of Refugees and Accommodation of Georgia or to the regional (municipal) office of refugees and IDPs of local authorities in the area where s/he is residing temporarily or is going to reside. Under Decree #17 of the Minister of Refugees and Accommodation of Georgia of September 24, 2002, a person having IDP status should undergo free annual registration. Taking into account the fact that IDPs are not restricted in their right to change the place of their temporary residence, and the place of their temporary residence is indicated only in the IDP card, which is distributed to IDPs free of charge after each annual registration, an IDP card should contain updated information on an IDP’s address. The annual registration of IDPs established by Decree #17 of the Minister of Refugees and Accommodation of Georgia of September 24, 2002, aims at tracking the number of IDPs in Georgia. In addition, the information, obtained as a result of the registration, forms the basis for annual IDP statistics on the territory of Georgia. After the registration, IDPs are granted all those rights and commitments that are envisaged by the “Law of Georgia on Internally Displaced Persons – Persecuted.” Because of the above stipulations, an IDP is required to be registered with the Ministry of Internal Affairs of Georgia as a citizen of Georgia, and with the Ministry of Refugees and Accommodation of Georgia (in the the regional department or in the regional (municipal) office of refugees and IDPs of local authorities) as a citizen of Georgia with IDP status (if an IDP rejects his/her status, s/he will lose social benefits, such as financial, food and other type of aid).

15 The following case is worth mentioning: based on Presidential Decree #643, a group of IDPs occupied an unfinished building in Zahesi (Zemo Avchala Hydroelectric Station) and addressed the Ministry of State Property Management of Georgia with a request to be allowed to participate in the privatisation of the building. Since no one had previously expressed an interest in privatising the building, the IDPs were officially allowed to privatise it. Moreover, they were given temporary registration at the new place by the Ministry of Refugees and Accommodation without changing their permanent place of registration. Thus, they retained their status. Annual IDP registration and the distribution of identity cards to them is done by the Ministry of Refugees and Accommodation through bodies of local authorities (Municipalities and Gamgeobas). In order to organise a well-planned campaign of IDP card distribution, standing commissions are being formed in cities and Gamgeobas of regions by Gamgebelis or Mayors. The commissions’ activities are coordinated by regional departments of the Ministry of Refugees and Accommodation. Where necessary, the Council of Ministers of the Autonomous Republic of Abkhazia assigns representatives of relevant departments to the commissions. IDP cards are printed in the at the computer centre of the Ministry of Refugees and Accommodation of Georgia and are issued to IDPs of all age groups. While distributing identity cards, a commission formed at the Gamgeoba (Municipality) is using a list prepared at the computer centre of the Ministry of Refugees and Accommodation. In order to get annual registration and receive an IDP card, an adult member of an IDP family with the reference number of the family file should approach the municipal or regional commission where s/he is registered during scheduled days and present appropriate documents (an identity card of Georgian citizenship, birth certificates for children under 16, a valid IDP identity card). If an IDP gets registered as scheduled and changes his/her IDP card, s/he will receive the IDP state allowance pursuant to the rules in force. IDPs who fail to be registered on time and change their IDP cards within the scheduled time (18 November - 31 December of each year) for reasons beyond the control of the Ministry of Refugees and Accommodation, can go through additional registration and change their identity cards locally at the standing commissions at the beginning of each month (during first five days of each month). These IDPs will receive all mandated state aid once they get re-registered and receive new IDP cards. In 2002, IDPs were registered once every quarter. That is why those IDPs who failed to be registered on time, had to wait for three months to go through a new registration. Thus, they were losing the state allowances for the missed period of three months. Even after re- registration, IDPs were not paid their allowances for three months. This was often the case in , as well as in the regions. Furthermore, in IDPs were sometimes requested to pay GEL 2 for re-registration. There were cases when IDPs failed to get registered and lost their allowance, because they had been in (Abkhazia) doing seasonal work.

16 3. Social Rights and Benefits of IDPs

3.1. State Allowances

Brief Summary: IDPs are entitled to state allowances from the central budget that represent the main source of income for the majority of them. The sum is much less than the subsistence minimum and it is paid to all IDPs even if they work and receive a salary meeting the subsistence minimum.

The chapter describes the mechanisms for receiving the allowances and names all the problems and shortcomings connected with it, including corruption, violation of IDPs’ rights, delays in payment and unsatisfactory performance of the Georgian Post Bank responsible for the disbursement of allowances.

As from September 1, 1998, because of Presidential Decree #469, IDPs are entitled to the following range of allowances: IDPs living in private accommodation - GEL 14 per person per month, for residents in collective centres - GEL 11. The 2003 state budget envisages GEL 39,564,400 for IDP allowances. It is through the Georgian Post Bank and its affiliates that IDPs get their allowances1. To receive the allowance an IDP must present his/her ID card, Soviet passport, or certificate of birth for children under 16. The documents (for IDPs from Abkhazia) are authenticated by the ID commissions under the municipalities and local governments of the Abkhaz Autonomous Republic. To receive the allowance a member of an IDP family of legal age, with his/her family file reference number, must present his/her IDP card as well as those of his/her family members along with the required ID documents, and can then receive the entire allowance. Often IDPs are dissatisfied with the Georgian Post Bank and its affiliates, especially in Western Georgia. A joint mission of the NA Support Unit and the Governmental Working Group found IDPs in Imereti and Samegrelo regions complaining of long delays, sometimes for months, in payments, of their allowances being rounded down, of having to stand for hours in queues, etc. Such cases, however, have not been reported in Borjomi or Rustavi. The situation with allowance payments is also better in Bolnisi. IDPs there have said that though the money is usually transferred on time, the local Post Bank affiliate delays payment for a number of days, but usually not more than three. IDPs who fail to get their allowances have to wait until the following month. Those who fail to get registered (because of being outside the area of their residence or for other reasons) lose their allowances.

1 The one-year contract between the Ministry of Refugees and Accommodation and the Georgian Post Bank concerning state allowance payments was concluded in May 2001 as a result of the tender won by the Post Bank earlier. In May 2002 the Ministry of Refugees and Accommodation advertised another tender, allowing only the banks in the 1st and 2nd category to participate in it. None of the participating banks, however, had affiliates in the required regions, which is why the Georgian Post Bank has remained in charge of allowance disbursements. The Ministry of Refugees and Accommodation renews the contract on a monthly basis. Representatives of the Ministry of Refugees and Accommodation said the Ministry would announce another tender in the near future.

17 3.2. Pension. Other Benefits Covered by the Central Budget

Brief Summary: Apart from the state allowances, IDPs are entitled to certain benefits funded by the central government, such as discounts on community utilities, electricity, water supply, telephone communication and transportation. In addition, IDPs of the pension age and those who fought for the territorial integrity of Georgia receive pensions.

This chapter describes all these benefits and acknowledges their importance to IDPs. However, it reveals shortcomings in the provision of the benefits and recommends more purposeful and reasonable utilisation of state funds. Namely, it points to the necessity of reviewing the payment mechanisms for consumed electricity in collective centres, which would significantly save state funds and assist in addressing corruption. It also finds that IDPs residing in collective centres are often deprived of access to such vital resources as water supply, sewerage systems, telephone communication, etc.

Apart from the regular allowance, IDPs of the pension age receive a pension of GEL 14. Pursuant to the “Law of Georgia on Internally Displaced Persons – Persecuted”, an IDP, regardless of whether or not s/he is employed, and where the termination of his/her labour activity has been caused by internal displacement, shall continue to receive state aid. According to Article #1968 of the Law on State Budget of 2003, it is impermissible to cut IDP employees and those left in the area of the conflict. In 2002, GEL 10,626,000 was transferred from the central budget for IDP pensions. In the previous year all allowances were also paid. In most of the regions we have visited so far, IDPs receive their pensions very late. For these people, this is often their only source of income. The respective law also entitles people who fought for the territorial integrity of Georgia (war disabled persons and veterans) to a pension of GEL 35-40-45, and for those in Tbilisi, 250-150 (125-75) kw/h of electricity, and 40m3 of natural gas for free per month. They are also exempt from payments for refuse collection and water supply. According to the Tax Code they are also exempt from income tax. The 2003 state budget lists five socially vulnerable groups, IDPs among them, entitled to family (social) allowances, as follows: GEL 22 for one-member families of a non- working pensioner, GEL 35 for families of two or more non-working pensioners, GEL 22 for orphans deprived of both parents, GEL 22 for the blind, GEL 22 for disabled children under 18, GEL 35 for families of many children (7 or more children under 18). The state commits itself to providing IDPs with firewood and kerosene in winter (Samegrelo, Upper and Tskaltubo). Every year GEL 200,000 is allocated for this purpose. IDPs, however, don’t receive this assistance until either January or February when the worst of the winter has already passed.

18 3.2.1. Communal Utilities, Electricity, Water Supply, Telephone Communication In pursuance with the Law on State Budget (Chapter 2, Article 13) an IDP residing in a collective centre is entitled to utilities worth GEL 17,2 in Tbilisi and GEL 11,5 in the regions, of which GEL 1,5 is to cover communal utilities, with GEL 2 for paying staff at the centre and the remainder (GEL 13,7 in Tbilisi and GEL 8,0 in the regions) allotted for electricity. Not unsurprisingly, IDPs in collective centres, for instance in Borjomi, have said that these sums are not enough, which is why they themselves have to make up for the difference in the cost thereof. The situation is different in other regions (Samegrelo, Imereti, Bolnisi, Rustavi) where electricity is only supplied to IDPs either for a few hours a day or is not supplied at all. This is why IDPs have to pay for firewood, candles, and kerosene. IDPs in Bolnisi have said that the amount allotted by the government for electricity per person is more than they consume: when electricity supply is limited with four or even more people living in a room, families are unable to consume the electricity worth the amount allotted for the purpose. The same is true of Tskaltubo collective centres, which are only supplied with electricity two hours a day. The Ministry of Refugees and Accommodation, however, pays Electricity Consumer Market GEL 8 per IDP. Veterans are entitled to 250kw/h to be paid for by the government and 50kw/h to be paid for by USAID. Pursuant to the Law on Social Guarantees to Fighters for Territorial Integrity, Freedom and Independence, the Missing and those that Died of Battle Wounds, the following family members are entitled to claim partial exemption from electricity payments: parents of any age group; a spouse that has not remarried; under- age children that are either at school or students; other disabled members of the family that were dependent on the deceased and receive a pension following his/her death. IDPs in this category who reside in private accommodation must submit a certificate issued by the local Commissariat to their respective power supply company to be entitled to the exemption. The situation with water supply is nothing less than dire. Water supply systems in most of collective centres are either completely out of order or the centres have been disconnected from the water-mains because of delays in payment for the service. IDPs are obliged to carry water from remote areas, and face a severe lack of clean drinking water, which in turn forces them to distil the water before it can be drank. Most of the collective centres visited by us are not furnished with telephone lines, which, if available, are often inoperative following delays in payment for the service, which makes calling an ambulance or fire-brigade for the occupants impossible.

3.2.2. Public Transport Pursuant to Decree #246 of the Georgian Cabinet of Ministers of May 10, 1995, IDPs registered in Tbilisi are entitled to free travel by electricity-run public transport. To travel by electricity-run transport it is enough for an IDP to produce his/her IDP card, while for free travel by underground an IDP is required to have an annual codified card. The cards are issued in accordance with the contract concluded between the Ministry of Refugees and Accommodation, Tbilisi Municipality and Tbilisi Metropoliteni Ltd, allowing:

Each family with one member over 7 --- 1 card

19 Each family with two members over 7 --- 1 card Each family with three members over 7 --- 2 cards Each family with four members over 7 --- 2 cards Each family with five members over 7 --- 2 cards Each family with six members over 7 --- 3 cards Each family with seven members over 7 --- 3 cards Each family with eight members over 7 --- 3 cards Each family with nine or more members over 7 -- 4 cards

No loss replacement for the codified cards is envisaged. Despite the fact that IDPs are not allowed to give away or sell their cards, they often do sell them for GEL 25-30 to locals or IDPs from the regions. The cards cost the government GEL 144. The 2003 Tbilisi budget has GEL 4,000,000 allocated for this purpose. Tbilisi municipality normally purchases 47,000 cards for IDPs, with the remaining cards distributed to IDPs residing in the neighbouring regions of , , etc. and for students from the regions. An increase in the number of IDPs in Tbilisi, however, has made it impossible to provide IDPs from the regions with the cards. IDPs are allowed a 50% discount for travel by rail across Georgia (excluding commercial trains) pursuant to the 1997 decision by the Railway Department and Decree #1 (allowing IDPs travel discounts) by the Minister of Transportation and Communications dated January 3, 2001. To buy a ticket at a discount, it is necessary for an IDP to present his/her IDP card at a ticket window. IDPs that we have interviewed are aware of the discounts, and take occasional advantage of them. IDPs in Bolnisi said their children who study in Tbilisi and have to take the underground need free underground travel cards.

3.3. Social Assistance Package Covered by Local Budgets

Brief Summary: IDPs from Abkhazia and South Ossetia found asylum in almost all Georgian regions. Many of them reside in collective centres, while the rest stay either with relatives and friends or in private apartments. Local authorities hosting IDPs are obliged to provide so- called “civil service” to displaced persons, as well as all other benefits envisaged by the local budget for local residents.

This chapter describes the benefits for IDPs covered by local budgets and shows a difference between assistance provided to IDPs in different regions visited by the NA Support Unit and the Governmental Working Group. Since the aid depends on the extent of the regional budget, assistance provided varies from place to place.

Pursuant to Paragraph 4 of the Resolution by the Georgian Cabinet of Ministers of April 12, 1995 and “Law of Georgia on Internally Displaced Persons – Persecuted” and Amendments thereto, local governments of the cities and districts with IDP communities are to provide for services such as funerals of IDPs, travel expenses incurred while getting medical treatment, etc. from the local budget.

20 Depending on the local budgets, financial assistance varies from region to region. In Bolnisi, where Mining industry provides financial underpinning, where a member of an IDP family dies, GEL 200 is paid to the family. In Samegrelo, where the local budget is not so well financed, only GEL 50 is paid, and in Tskaltubo, and , nothing is given. The average sum amounts to GEL 100. In the regions we have visited, local governments pay socially vulnerable IDPs a one- time allowance of GEL 20-40 if they fall ill. They also provide money for the purchase of fire-wood in winter from the local social fund1.

3.4. Government Health Care

Brief Summary: One of the basic rights of IDPs is to have access to adequate and quality healthcare. Even though some IDPs are granted health care insurance policies, which cover overnight medical care, medical services, basic medicines and, partially, in-patient treatment available free of charge, the majority of IDPs fail to enjoy the benefits because either they themselves or health workers are not fully informed about these benefits. During the NA Support Unit and the Governmental Working Group missions to different regions with IDP populations, numerous cases of violations of IDPs’ rights were revealed with regards to access to healthcare.

This chapter reveals the mechanisms in the way of meeting IDPs’ health needs and states that one of the reasons why benefits are not received is because of IDPs’ and health-care workers’ ignorance of these rights. The chapter also dwells on the issue of the increased rate of TB among IDPs residing in collective centres due to inadequate living conditions and malnutrition.

Quality health service is largely inaccessible to IDPs because of the high costs involved. Moreover, IDPs are often unaware of the benefits they, as holders of IDP status or as part of the socially vulnerable community, are entitled to. The State budget of 2003 has room for GEL 300,000 to provide vulnerable IDPs with a one-time allowance, for medicines or enable them to travel for the purpose of obtaining medical treatment if needed. Since 1999, IDPs residing in Samegrelo and Upper Svaneti have been entitled to additional free medical service (costing GEL 300,000 and financed from the state budget). Furthermore, all IDP children under 14 are subject to the Children Medical Care Programme, which provides them with standard medical care. IDP women are entitled to the benefits as envisaged within the State Obstetrics Programme. The Programme for Active Detection of Pathological Developments and Preventive Health Care is particularly important, as it allows IDPs to have a one-time medical examination. The 2002 joint decree of the Ministry of Labour, Health Care and Social Welfare and the Ministry of Refugees and Accommodation entitles certain groups of IDPs (all pensioners; single mothers and children dependent on them; children of 3-18; orphan students, deprived

1 Assistance from the same source is also available to local socially vulnerable communities.

21 of both parents, under the age of 23, as well as all the IDPs resident in Samegrelo and Upper Svaneti) to the benefits of a state health care policy, which makes overnight medical care, basic medicines and part of in-patient treatment, if hospitalised, available to them free of charge. This practice is in force at the state medical institutions that have been contracted within the programme. As of January 1, 2003, the public health care policies have been issued to 190,000 IDPs (which is 67% of the total number of IDPs) residing across the country. Many IDPs, as well as health-care workers have either no idea of the policies or have incomplete or inaccurate information. According to IDPs in Rustavi, it was only the cost of overnight care, which they did not have to pay when hospitalised. Moreover, IDPs (e.g. in Tskaltubo) are not aware of the medical institutions where they can possibly get preferential medical treatment envisaged by the state health care policies. IDPs have also had a problem with ambulances, which cost GEL 10-20, a fairly high price not only for IDPs but for locals as well. Due to the fact that telephone lines are inoperative at IDP collective centres, IDPs are often unable to call for an ambulance when they need to. While the vaccination of children is free of charge all across Georgia, there are a number of cases when IDPs have been requested to pay GEL 1 - more than the cost of the syringe necessary for the vaccination of their children. There have been many cases of IDPs contracting TB, because of inadequate diet, housing, etc. Often IDP collective centres are rather remote from inhabited areas, which make it impossible for them to visit a doctor due to the lack of money necessary for travel. Many IDPs are ill with either mental or neurological disorders (and consequently need daily medical treatment and specific medicines which are exceptionally expensive). Although they are supposed to be provided with necessary medicines free of charge, in reality they are not. Some of the collective centres are provided with medicines not in popular demand, while specific necessities of the IDPs often go unheeded. There are special IDP polyclinics in some of the regions – in Tbilisi, Samegrelo, Imereti, - which operate under the Ministry of Health Care of Abkhazia. The polyclinics provide IDPs with free of charge medical service and medicines distributed by humanitarian aid organisations and the Ministry of Labour, Health Care and Social Welfare of Georgia. The Social Insurance Fund of Georgia and Tbilisi Municipality provide for non- standard medical treatment necessary for IDPs, and make occasional arrangements for replenishing supplies of medicines at IDP medical institutions. The IDPs we have interviewed so far, however, underlined the necessity for the needs-based provision of medicines, since medicines provided to their polyclinics currently are not in popular demand.

3.5. Education

Brief Summary: The chapter covers issues and problems dealing with IDPs’ education. It notes that access to education mirrors the socio-economic conditions of IDPs (as well as locals). The rate of illiteracy is increasing among IDP children, due to the fact that vulnerable displaced families cannot afford to purchase textbooks, adequate clothing or footwear for their

22 children. However, IDP children in Georgia are entitled to free education at state secondary schools and to certain benefits when it comes to higher education.

Pursuant to the “Law of Georgia on Internally Displaced Persons – Persecuted”, IDP children are entitled to free education at secondary schools, providing the respective IDP document is presented. According to the information provided by the Ministry of Education of the Abkhaz Autonomous Republic, as many as 192 Georgian schools, four higher education institutions, 3 special secondary schools and 7 vocational training institutions with 50,000 schoolchildren, 15,500 students and more than 8,000 teachers became displaced as a result of the armed conflict. The majority of the IDP schoolchildren continued with their studies in different places all across the country, while the majority of the teachers remained unemployed. Every year almost 3,500-3,700 schoolchildren graduate from secondary schools. In areas of high IDP density, where there had been no schools before, the Ministry of Education of Abkhazia has opened special schools for IDP children (Zugdidi, Jvari, Senaki, , Tbilisi, , Tskaltubo, Rustavi and ). There are special IDP kindergartens as well. Some IDP schools are operating at collective centres. IDP schools usually employ IDP teachers. Many of those in the displaced community cannot afford to buy school textbooks for their children because of high prices. Often IDP children are unable to go to school due to a lack of clothing or footwear. For these and a number of other reasons, IDPs often prefer special IDP schools over ordinary as the difference between the schoolchildren is not so sharp there. In winter IDP schools have problems with heating. Displaced families that are in need as it is, have to share their firewood or kerosene to heat their children’s classrooms. The Government is unable to provide schools with furnishings. Most of the school buildings are in need of repair. IDPs enjoy certain benefits when it comes to state-maintained higher education. They are entitled to preferential treatment1 when admitted to the preparatory department of Ivane Javakhishvili Tbilisi State University. Once they complete the preparatory course they may be admitted to any state-run institute/university without first passing entrance exams. There is also Sokhumi State University Affiliate operating in Tbilisi, which is open to any citizen of Georgia. Students from Abkhazia2 are admitted without first having to sit entrance exams, while fee-paying IDPs pay 75% of the tuition fee, which is half that of other institutes. IDP academic institutions are financed by the Ministry of Education of the Abkhaz Autonomous Republic, which, on its part, is financed from the Georgian state budget.

1 There is a quantitative limit for IDP students and the number varies every year. Unfortunately, the Ministry of Education of the Autonomous Republic of Abkhazia was not able to provide the exact number. 2 These are basically students from Kodori Gorge and Gali region.

23 3.6 Shelter

Brief Summary: The chapter flags the problems of inadequate housing for IDPs. It notes that although the Government is responsible for the allocation of proper housing for the displaced population, it fails to do so. IDPs have been residing in buildings (collective centres) that are unfit for residence for eleven years. It also finds that very often IDPs, as well as responsible governmental structures commit illegal acts and pay for rooms at collective centres or receive money from IDPs for such accommodation. The inability of the Government to provide IDPs with adequate shelter violates one of their main rights envisaged by both international and Georgian IDP-related legislation.

Pursuant to the “Law of Georgia on Internally Displaced Persons – Persecuted” and Paragraph 10 of the Presidential Decree #5 of January 5, 2002, when privatising buildings occupied by IDPs, the eviction of IDPs from these buildings may take place only if there has been a comprehensive settlement of the conflict in Abkhazia and Tskhinvali regions; if alternative accommodation is provided; if agreement with the occupants is reached; if the occupants are fully compensated; or if the IDPs have occupied the premises in contravention of the applicable law. On the basis of the joint resolution by the Supreme Council of the Abkhaz Autonomous Republic, the Council of Ministers and the Ministry of Refugees and Accommodation of Georgia, a temporary body, Commission for IDP Accommodation and Household Service, was established to deal with IDP accommodation issues. Its composition is identified pursuant to the Decree by the Minister of Refugees and Accommodation. The commission is entitled to:  Consider applications by IDPs on the allocation of temporary shelter or the enlargement of an already occupied living area and to make decisions on the allocation of a particular dwelling or its seizure;  Give preference to extremely vulnerable categories of IDPs when distributing temporary dwellings;  Consider the proposals of the owners of collective centres and public representations of IDPs living there, to study the process of allocating temporary accommodation and to make decisions on its reallocation and/or seizure in the following cases: the occupant is not found to be an IDP; s/he systematically violates the regulations set by the administration (leaves the premises for more than a month without first informing the administration of her/his intention to do so in writing); the residence was occupied forcibly without the mutual consent of the Ministry of Refugees and Accommodation of Georgia and the owners of the building; s/he has lost IDP status or is registered at another place of residence;  Establish conditions for the residence in agreement with the owner;  For the purpose of resolving accommodation problems, submit proposals to the local service of the Ministry of Refugees and Accommodation of Georgia, which shall make a decision and ensure its implementation within a week;  Raise the question of allocating living areas for IDPs and improving their living conditions before different governmental structures, bodies of local governance, public organisations and private owners.

24 In reality, however, the Commission is reluctant to perform any of these duties, and IDPs often have no idea of its existence. Quite often IDPs move to large administrative centres (especially to the capital) and occupy different buildings for squatting in, which further complicates the overall situation. Moreover, some IDPs have their rooms locked and unutilised for months (there are cases in Samegrelo region when IDPs own a particular floor space but do not live there, while an adjacent room contains a family with as many as nine or even more members). As the regulations have no statutory force, it is almost impossible to evict IDPs in such circumstances. There are also cases when IDPs illegally pay for some floor space at collective centres. They then consider themselves rightful owners of the rooms (the more so, if they renovate and take care of the rooms). Some IDPs living in Tbilisi rent their rooms to other IDPs or non-IDPs arriving from the regions. IDPs in Borjomi have said that they sometimes rent their rooms to holidaymakers. The buildings that serve as IDP collective centres are not residential (schools, scientific institutions, factories) or are unfit to live in for a long period (hotels, rest-houses). Often these are dilapidated and hence unfit for residence: roofs are leaking, electric supply furnishings are out of order with a consequent threat of fire, drinking water is unavailable or too remote, sewerage systems are inoperative, there are cold concrete floors, etc. The situation regarding floor space in collective centres is different in the regions. It is particularly tough in Samegrelo, where as many as five or more IDPs have to share a room. When IDPs marry or divorce, they find themselves exposed to a dire lack of floor space. The situation in the district of Bolnisi is much better, where IDPs occupy two, three, or more rooms. There are also cases of badly thought out planning decisions on IDPs’ resettlement. In the village of Maglaki (Imereti region) a number of houses had been built for IDPs, but none of them agreed to move there because of a lack of basic facilities and surrounding greenery, little floor space and remoteness from inhabited area. According to the Bolnisi Deputy Gamgebeli when IDPs had been evicted from the Azeri school in 1999, each family was paid GEL 2,000 in compensation, which made it possible for them to acquire their own apartments or houses.

3.7. Credit Unions and Cooperatives

Brief Summary: Employment of IDPs is a fundamental criterion for their sustainability and self-sufficiency during displacement. Providing opportunities to the displaced population to fully realise their economic rights is one of the responsibilities of the Government, as well as the donor community.

The chapter provides a brief description of IDP credit unions functioning in Imereti and tries to demonstrate their importance as a significant job creation scheme for interested IDPs.

25 Under a 1999 French Government project, 91 credit unions were set up in Georgia - in Samegrelo, Imeteri, Tskhinvali region and Tbilisi. Now though, credit unions function only in Imereti (8 branches). They are basically concerned with agriculture. Initially, each union member received GEL 165 as a grant and GEL 10 as a union member’s share. Pursuant to the credit union regulations, credit is issued solely to union members. The main objective of the unions is to increase the amount of capital in circulation. In the given example, the amount increased from GEL 4,000 to 10,000 within three years. According to the union members, individuals seriously interested and engaged in agriculture get a real chance to benefit from credit unions. However, the credit union programme has shortcomings as well. For example, it has set aside only GEL 50 for running expenses, which is far less than the actual expenses, as stationery and accountant’s salary alone exceed this amount. The existing taxation system also prevents small farming development. Although some micro credit projects have failed, they still prove indispensable provided acceptable norms are introduced and favourable conditions created. One credit union, visited by us, is based on the community principle - a former head of a collective farm gathered former collective farm members, and they set up a new farm. Their initial capital amounted to GEL 4,930 received as a grant, and the membership fee equalled GEL 5. Currently the farm employs 80 people and it owns 80 cows, 10 sows, 300 sheep, and leases 30 ha of land. A lemonade plant was also set up. Along with successful farming, community development is achieved Members of successfully operating credit unions underlined the importance of the proper selection of union members, as one of the preconditions for success.

26 R E C O M M E N D A T I O N S

Upon analysing all of the above, the following recommendations have been worked out. We, the authors of this study, think that the implementation of the following recommendations is crucial for better protection and implementation of IDPs’ civil, political and socio-economic rights. Besides, we believe that the Government of Georgia should have the main responsibility for IDPs. The Government of Georgia should develop an IDP Action Plan, circulate it among donor organizations, which will financially and technically assist the Government in achieving the objectives set.

1. Improve the definition of IDP status in the “Law of Georgia on Internally Displaced Persons – Persecuted” and approximate it to the “Guiding Principles on Internal Displacement”. According to the “Guiding Principles on Internal Displacement”, “internally displaced persons are persons or group of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the affects of armed conflict, situations of generalized violence, violations of human rights, or natural or human- made disasters, and who have not crossed an internationally recognized State border.” Considering the “Guiding Principles on Internal Displacement”, it is recommended that the term – “internally displaced person – persecuted” in the Georgian legislation should include not only persons displaced as a result of foreign aggression, internal conflict or mass violation of human rights, but those displaced as a result of natural and human-made disasters as well (e.g. persons displaced from Svaneti and Adjara as a result of landslides and avalanches, and persons displaced from Racha-Lechkhumi and Zemo Imereti as a result of an earthquake in the nineties1). The recommendation is strengthened by the following logic: if a person was forced to be displaced against one’s will to protect the health and life of him/herself and his/her family members, s/he should be referred to as an IDP, regardless of whether or the displacement happened due to aggression from a foreign state, internal conflict or mass violation of human rights, natural or human-made disasters. This recommendation could be implemented by making amendments and changes to the relevant legal acts2.

1 Please note that as informed by the Ministry of Refugees and Accommodation of Georgia, there are more than 200,000 persons affected by natural disasters on the territory of Georgia (namely, Svaneti, Adjara, Racha-Lechkhumi, Zemo Imereti). Victims of natural disasters in Racha-Lechkhumi and Zemo Imereti did not flee to other regions of Georgia and were assisted locally. However, victims of landslides and avalanches in Svaneti and Adjara were displaced to other, demographically important regions of Georgia (e.g. , Meskhet- Javakheti, etc.). Two internal conflicts negatively influenced the adaptation process of natural disaster victims and shifted their needs backwards. As stated by the Deputy Minister for Refugees and Accommodation Mr. Miron Khergiani, persons displaced as a result of natural disasters could be considered one of the most vulnerable category of the population, since they still lack adequate shelter (they were accommodated in unfinished houses), they were provided with only one free medical treatment initially, they do not receive humanitarian aid or state allowances, their basic needs are not met, they face adaptation and employment problems, etc. It should be noted that the Ministry of Refugees and Accommodation of Georgia has recently drafted the “Rule on Granting a Status of an Ecological Migrant”. It has not yet been submitted to the Parliament of Georgia. By developing this Rule, the Ministry hopes to draw the attention of the society at large to the problems and challenges of the natural disaster victims. 2 As was already written in Chapter 2.1.1. Determination of IDP Status In Case of Purchasing Land/Property, legislative authority (i.e. a right to submit a bill to the Parliament) rests with the President of Georgia, Member of the Parliament of Georgia, any Parliamentary Commission, Parliamentary Faction, and with not less than 20,000 voters (citizens). Thus, in case there is a need to amend and change a legal act or improve and clarify any part of it, this initiative should be assumed only by bodies listed above and not by the ministries. That is why the authors of the study consider it premature to name actual bodies from above that might assume the legislative authority in regard to proposed legal recommendations.

27 2. Have IDPs’ legal right to repatriation and IDPs’ right to receive the state allowance and other type of aid clearly delineated from each other by the “Law of Georgia on Internally Displaced Persons – Persecuted.” It is recommended1 to amend Article 6 (“Suspension, Termination, Loss and Deprivation of IDP Status”) of the “Law of Georgia on Internally Displaced Persons – Persecuted” to allow an IDP, with IDP status, to have the receipt of the state allowance temporarily suspended based on his/her written request (because of the improvement of the financial position or because of his/her temporary departure from Georgia). However, it should be possible to resume the payment of the state allowance based on an IDP’s written request.

3. Regulate mechanisms for the distribution of state allowances. Control norms of the state allowance disbursement. In accordance with the “Law of Georgia on Internally Displaced Persons – Persecuted”, IDPs are entitled to allowances irrespective of whether they are employed or not. The Georgian legislation does not envisage norms regulating such cases. However, in view of the present situation it should be said that it is impossible to regulate these processes now. However, there is a solution, if Recommendation 5 is carried out. Establishing an electronic information bank of IDPs with the support of the Ministry of Refugees and Accommodation of Georgia will allow for the control of IDP employment and unemployment (as a result of IDPs’ annual registration, existing or updated information on IDPs will be entered into the information bank). Distribution of state allowances will be regulated, namely, employed IDPs with income meeting subsistence minimum won’t receive allowances. Accordingly, these funds will be used to benefit those IDPs who do not have income at all. The implementation of this mechanism will apparently have lots of difficulties, but, at the same time, it will assist in directing state allowances in the right direction and in addressing corruption. Since IDPs are not content with the procedure of allowance disbursement and blame the Georgian Post Bank and its affiliates, it is recommended to either reconsider the contract or to impose strict state control over the Bank’s activities. It is also recommended to extend the period of allowance disbursements (which at present is limited to three days), as IDPs, for various reasons, fail to receive allowances in due time and have to wait till the next month. Moreover, the head bank should transfer to its affiliates the exact amount required, as some IDPs queue for hours only to be informed that there is no money left.

4. Improve the “Law of Georgia on Internally Displaced Persons – Persecuted”, Article 6 – “Suspension, Termination, Loss and Deprivation of IDP Status”. In particular, improve and clarify the definition of ”permanent place of residence” used in Article 6 of this Law2 (for IDPs from Abkhazia “permanent place of residence” is in Abkhazia; for IDPs from South Ossetia, it is in South Ossetia. All other places of residence, where they reside during their displacement, are temporary places of residence. If they settle permanently, their status is lost. It is obvious, that there are no reasons listed in Article 1 of the “Law of Georgia on Internally Displaced Persons –

1 Refer to the 2nd footnote on page 27. 2 Refer to the 2nd footnote on page 27.

28 Persecuted” at the places where IDPs are currently residing, but this does not mean that their status should be terminated).

5. Ensure the provision of accurate and reliable IDP data by the Ministry of Refugees and Accommodation of Georgia to relevant District Election Commissions; develop electronic information bank on IDPs. The 2002 elections revealed that IDP data, transferred by the Ministry of Refugees and Accommodation of Georgia to the relevant District Election Commissions to compile supplementary list of voters, were inaccurate. Therefore, an appropriate mechanism should be developed to ensure accuracy and availability of the information; in the case of providing incomplete or inaccurate information, the responsible agency (body) should be identified. If there are enough funds, it is recommended to set up an electronic information bank on IDPs. The programme will allow for the collection of IDP data from the moment an appeal is made for recognition as an internally displaced person to the Ministry of Refugees and Accommodation of Georgia, to the point when a final decision is made. Moreover, all contact details necessary for the identification of a person and updated information on any category changes (an IDP’s permanent or temporary departure from Georgia, change of actual place of residence, employment, death, etc.) should be included.

The authors of the study believe, that in order to facilitate the management-regulation of IDP issues and to avoid misinformation, the creation of such a common communication network will be especially significant, since it will enable separate and uncoordinated government structures to coordinate these processes, create a complete consolidated information bank and effectively utilize it where necessary. The existence of the information bank will ease the timely exchange of information and facilitate well-informed, mature and prompt decisions in every agency. According to actual legislation, an IDP electronic information bank should ensure the common accessibility of public information. As for confidential information, an appropriate regime of limited accessibility could be introduced. It is also recommended to identify a Government agency responsible for the accuracy of the information.

6. For the coming Parliamentary elections, introduce and strengthen cooperation mechanisms between the Ministry of Refugees and Accommodation and the Election Commission into the Organic Law of Georgia “Unified Election Code of Georgia”; identify persons directly responsible for different issues. The experience of local elections held in 2002 showed that there are no accountability mechanisms developed for governmental representatives and other officials compiling (printing) IDP lists. In particular, there was no official mechanism in place, and the Ministry of Refugees and Accommodation did not oblige anyone to print or send lists to district and precinct election commissions.

7. Develop a mechanism for IDPs’ participation in elections conducted through the majoritarian election system, which will take into account their permanent, as

29 well as temporary places of residence. Some legal experts deem Article 127 of Transitional Provisions of the Organic Law of Georgia “Unified Election Code of Georgia” to contradict the Constitution of Georgia. Therefore, it is recommended that the rules for IDPs’ participation in elections be published, widely publicized, introduced as compulsory reading for all election commissioners and officials at local and regional departments of the Ministry of Refugees and Accommodation. Considering the fact that IDPs have not been eligible to participate in elections conducted through the majoritarian election system for a long time, it is recommended to launch a wide civil and public education campaign to raise awareness among officials in the election commissions and other bodies involved in elections, as well as among IDPs themselves, so that they could exercise their rights to passive and active votes as other citizens of Georgia.

8. Clearly and unambiguously indicate IDPs’ rights to passive and active vote in the Organic Law of Georgia “Unified Election Code of Georgia” to avoid possible misunderstanding and misinterpretations. In general, ensure IDPs’ participation in the 2003 Parliamentary elections. In order to avoid possible misunderstanding, it is recommended to outline IDPs’ rights to an active vote in the Organic Law of Georgia “Unified Election Code of Georgia”1. All steps (namely, a demonstration of the Government’s goodwill vis-à-vis IDPs’ participation in elections, clarifications in the Organic Law of Georgia “Unified Election Code of Georgia” clearly stating that IDPs’ participation in elections is not impeded) should be taken to ensure that IDPs are not restricted in participating in the 2003 Parliamentary elections. In addition, IDPs should be given an opportunity to elect a new deputation of the Autonomous Republic of Abkhazia if they wish so.

9. Amend the Tax Code to unambiguously reflect IDPs’ exemption from paying the land tax. Article 5 of the “Law of Georgia on Internally Displaced Persons – Persecuted” outlines a benefit for IDPs who have agricultural land plots for temporary use. In particular, according to Point (h) of this article, agricultural land plots allocated to IDPs for their temporary use in accordance with existing norms for IDPs, are exempt from the land tax. Since the Georgian Taxation System includes the set of principles and methods for tax payments (their imposition, substitution and abolition), as well as various forms of violation of taxation legislation envisaged by the Tax Code of Georgia, it is recommended to amend Part VI (Land Tax) of the Tax Code2 to reflect the benefit outlined for IDPs in Article 5 of the “Law of Georgia on Internally Displaced Persons – Persecuted”.

10. Improve government officials’ knowledge of IDP rights and IDPs’ knowledge of their own rights and, correspondingly, raise awareness of both sides. Promote cooperation between local authorities, NGOs and IDPs with regard to developing programmes on the protection of IDP rights and the improvement of their socio-economic conditions. It is recommended to hold consultations and

1 Refer to the 2nd footnote on page 27. 2 Refer to the 2nd footnote on page 27.

30 training sessions, publish handbooks/disseminate information, broadcast TV and radio programmes on IDP rights to improve awareness among those government officials who are working on IDP issues. Places of IDPs’ dense settlement should also be included through such campaigns by the help of governmental structures and non- governmental organizations. On one hand, these activities will raise IDPs’ awareness on their rights and will protect them from abuses by some dishonest officials. On the other hand, properly trained officials will be more competent in responding to IDPs’ questions and will be guided by the “Law of Georgia on Internally Displaced Persons – Persecuted” when addressing IDPs’ problems. NGOs, running outreach programmes, should encourage the formation of IDP initiative groups and try to unite IDPs in order to develop programmes designed to protect IDP rights and improve their socio-economic conditions. Cooperation between relevant NGOs, local authorities and IDPs should be enhanced and their efforts should be coordinated to benefit IDPs.

11. Renovate IDP-occupied buildings (collective centres) and repair public utilities there - electricity, water supply, sewage system, and telephone communication. The majority of IDP collective centres badly need renovation. For the last 5 years the Government has failed to allot funds from the state budget to renovate overcrowded IDP collective centres. Most of them are not residential buildings (such as schools, institution facilities, plant facilities) and/or are not designed for permanent dwelling (hotels, sanatoriums). Correspondingly, wiring and water supplies, sewage and telephone systems are not designed for intensive use. Moreover, the facilities have not been repaired for 11 years. Damaged wiring presents a constant threat of fire. Most IDP facilities lack proper water supplies and sewage systems, which compels IDPs to supply water from distant places. Moreover, the available water is not often drinkable, which causes the spread of various diseases. As well as this, there is no telephone network installed or is damaged or disconnected because of non-payment. The unavailability of telephone communication adds to IDPs’ poor living standards.1 Since the Government lacks funds, the Ministry of Refugees and Accommodation of Georgia should assess the conditions of IDP collective centres and forward the results to donor organisations in an attempt to raise necessary funds. Besides, experience proves that if supplied with construction materials, IDPs can use their knowledge and skills to do up or renovate their buildings themselves.

12. Effective use of funds allotted for electricity supply at IDP collective centres. The Government pays the cost for electricity at IDP collective centres. The per capita charge is transferred directly to the Georgian Wholesale Energy Market. However, in the circumstances of irregular or even non-existent power supply, every month the transferred amount exceeds the cost of consumed electricity. Besides, as the war veterans are entitled to 250 kw/h of free electricity, it appears that the Government pays the Energy Market twice for supplying power to IDPs at collective centres. The authors of the study believe that the electricity payment should correspond to the amount of power consumed. The latter can be metered by metering devices to be

1 Refer to Chapter 3.2.1 Utility, Electricity, Water Supply, Telephone Communication

31 installed in the collective centres. This will save considerable state funds and enable their more effective utilisation.

13. Impose control over funds transferred to juridical persons - IDP hosts at IDP collective centres. The government pays a monthly payment of GEL 1,5 per person for communal services to the organisations (facilities) that shelter IDPs, and GEL 2 per person for the salaries of its employees. The funds are sometimes inappropriately used (the institutions use the funds to pay their debts or their accounts are sequestrated due to indebtedness). One of the ways to settle the problem is to open special accounts to place funds transferred by the Government for purposes of IDPs accommodated at collective centres. Information on transfers should be available to IDP committees.

14. Availability of IDP health-care. Most IDPs have no idea which medical centres to apply for preferential medical treatment on the basis of their health-care policies and are unaware of exact medical treatments provided by the policy. In view of this, it is advised that appropriate agencies provide IDPs at collective centres, as well as in private accommodation with relevant, accurate and reliable information. Establishing dispensaries in collective centres and supplying them with essential drugs is also advisable. Since IDP professional medical workers (doctors, nurses or pharmacists) are almost in all collective centres, they could be employed in these medical centres. The Ministry of Labour, Health Care and Social Welfare of Georgia should pay special attention to accumulating evidence of tuberculosis among IDPs at collective centres. Often, IDPs infected with contagious tuberculosis live side by side with other IDPs, without being properly isolated. As the causes of the disease lie in social hardship (malnutrition, inadequate living standards, etc.), the problem should be addressed in a comprehensive way.

15. Registration and assistance of IDP children who, for various reasons, fail to go to primary and secondary schools. According to data obtained by NGOs (e.g. Cultural-Educational Centre), the number of such children continues to increase. Although the immediate reasons are still unclear, the underlying cause is the hard social and material condition of their families (the parents can not afford to buy school manuals due to high prices, appropriate clothes, etc.). It is recommended to develop a child education assistance programme on the basis of “Guiding Principles on Internal Displacement” and “The Convention of the Rights of the Child.”

32

Concluding Remarks

The IDP Rights Study, as the first attempt to review essential political, civil and socio- economic rights of IDPs in Georgia and analyse the extent of their implementation in practice, will prove helpful to all organisations and private persons concerned with IDP issues, as well as to IDPs themselves.

The study presents feasible and realistic recommendations, the realisation of which will assist the Government to improve IDP-related Georgian legislation, so that it reflects and is consistent with international human rights and international humanitarian law. It will also significantly improve the legal status of IDPs in the country, and in so doing enable them to fully exercise their rights in equality with other Georgian citizens. As a result, Georgia will succeed further in its aspirations and endeavour to approximate to western democratic standards.

33