Information Documents

SG/Inf(2011)8

1 April 2011

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Consolidated report on the conflict in Georgia

(October 2010 – March 2011)

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Document presented by the Secretary General

Introduction

1.            At their 1080^th meeting on 24 and 26 March 2010, the Ministers’ Deputies took the following decision: “The Deputies, restating the previous decisions of the Committee of Ministers, invited the Secretary General to prepare his consolidated report on the conflict in Georgia based on his outline and taking into account the comments made during the present meeting”.

2.            The objective of the report is to take stock of the situation in Georgia following the August 2008 conflict, to report on the related activities of the Council of Europe and to propose further Council of Europe action. It is composed of four parts: assessment of statutory obligations and commitments related to the conflict and its consequences; human rights situation in the areas affected by the conflict; current Council of Europe conflict-related activities and their follow-up and proposals for future action.

3.            This third consolidated report covers the period between October 2010 and March 2011. It builds on the first and second consolidated reports^[1], as well as previous Secretariat reports on the human rights situation in the areas affected by the conflict in Georgia^[2] and the report on the Council of Europe activities in the areas affected by the conflict^[3] and its updates^[4].

4.            Parts of this report were prepared on the basis of information and documents provided by other relevant international organisations working towards addressing the consequences of the August 2008 conflict.

5.            This report in no way replaces the monitoring procedures established by the Parliamentary Assembly of the Council of Europe and the Committee of Ministers, as well as other monitoring bodies. Nor should it be seen as prejudging any possible decisions in the cases related to the conflict and its consequences, which are currently pending before the European Court of Human Rights.

6.            Nothing in this report should be interpreted as being contrary to the full respect of the territorial integrity and sovereignty of Georgia within its internationally recognised borders^[5], and to the six-point agreement of 12 August 2008 and the implementing measures of 8 September 2008.

7.            This report does not prejudge or infringe upon a possible future political settlement of the conflict within the framework of the Geneva-talks.

Update on major developments in the period under review

8.            Three rounds of Geneva discussions took place within the period under review: the 13th round (14 October 2010), the 14th round (16 December 2010) and the 15th round (4 March 2011).

9.            On 25 March 2010, the Council of Europe Human Rights Commissioner submitted a memorandum to the relevant actors on the release of persons detained, exchange of remains of persons killed, and on disappearances. This Memorandum was presented on 3 June 2010 at a meeting in Ergneti of the reconvened IPRM (Incident Prevention and Response Mechanism). The report by the two experts, commissioned by the Commissioner for Human Rights to assist and monitor investigations into disappearances during and after the August conflict, was made public on 29 September 2010. This made it possible for the start of the work of the IPRM, whose meetings resumed on 28 October 2010 and have regularly taken place since then. Issues related to border incidents, including cases of persons being apprehended for having crossed the administrative boundary line (ABL) are now discussed between Tbilisi and Tskhinvali directly or at IPRM meetings.

10.         In the period under review, progress was made in identifying and implementing pilot projects by the Council of Europe. These projects included i) training of journalists; ii) providing publications on human rights protection and iii) needs assessments visits. The third and last mentioned project is still under consideration and will require additional consultations.

11.         The European Union Monitoring Mission (EUMM) continues to enjoy full access to the territories under control of the Georgian Government, but has no access to the other side of the ABL with either region.

12.         Despite significant efforts by the OSCE Chairmanship, it has so far not been possible for the OSCE to re-establish a presence in Georgia.

1.   Assessment of statutory obligations and commitments related to the conflict and its consequences

13.         Below is an update on statutory obligations and specific commitments - as listed in PACE Opinions 193 (1996) and 209 (1999) - which have been selected for the purpose of reporting on the conflict in Georgia and its consequences. This part builds on Part 1 of the first and second consolidated reports on the conflict in Georgia (SG/Inf (2010) 8 and SG/Inf (2010)19 final);

i.             To accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and to collaborate sincerely and effectively in the realisation of the aim of the Council of Europe

14.         Regarding the individual applications lodged with the European Court of Human Rights by persons affected by the hostilities of August 2008 in the period under review, new developments concerned, in particular, the applications against Georgia (more than 3,300). In the course of 2010, five communicated cases and 1,549 new applications belonging to that group were struck out of the Court’s list as the Court concluded that the applicants no longer wished to pursue the application within the meaning of Article 37 § 1(a) of the Convention. Nevertheless, to date more than 1,700 individual applications against Georgia are still pending.

15.         From 2 to 4 February 2011, a delegation from the Office of the Prosecutor (OTP) of the International Criminal Court carried out a two-day visit to the Russian Federation. The main purpose of the visit was to follow up on the OTP's previous mission to Moscow, and to gather further information from Russian authorities regarding ongoing national investigations into crimes allegedly committed in the context of the armed conflict in August 2008^[6]. The delegation met with senior officials from the Ministry of Foreign Affairs and representatives of the Office of the Prosecutor-General of the Russian Federation, and received a comprehensive update on the progress of national investigations undertaken by the investigative committee^[7].

16.         On 1 April 2011, the International Court of Justice (ICJ) is scheduled to deliver its judgment on Russia’s preliminary objections in the case filed by Tbilisi against Moscow over two years ago.

ii.            To settle international as well as internal disputes by peaceful means (an obligation incumbent upon all member states of the Council of Europe), rejecting resolutely any forms of threats of force against its neighbours

17.         In his speech at the European Parliament on 23 November 2010, the President of Georgia, Mikheil Saakashvili, declared unilaterally that Georgia would never use force to restore control over its breakaway regions, while reserving itself the right to self-defence in case of attack. Letters confirming this pledge have been sent to international organisations and specific countries. Furthermore, President Saakashvili invited Russia to engage in “deep and comprehensive” talks with Tbilisi, including political dialogue^[8]. The long-standing position of the Russian Federation - which has unilaterally recognised the independence of the two breakaway regions - is that it is not party to the conflict and that no similar pledge could be expected on its behalf.

iii.           To respect strictly the provisions of international humanitarian law, including in cases of armed conflict on its territory

18.         No developments occurred in the period under review.

iv.           To co-operate in good faith with international humanitarian organisations and to enable them to carry out their activities on its territory in conformity with their mandates

v.            To facilitate the delivery of humanitarian aid to the most vulnerable groups of the population affected by the consequences of the conflict

19.         In the period under review, no progress with Tskhinvali has been achieved regarding access of international humanitarian organisations. As regards the other breakaway region, international humanitarian organisations continued to carry out their activities and have regular access to the region via the usual channels. It should be noted that ensuring humanitarian access to beneficiaries everywhere throughout the region is of paramount importance in upholding normal living conditions for the affected population and preventing any possible new wave of displacement.

20.         On 15 October 2010, the Government of Georgia adopted Resolution No. 320 (further referred to as “Modalities”). These Modalities define rules and procedures for international and local organisations for obtaining non-objection orders from the Office of the State Minister for Reintegration for implementing activities in the two breakaway regions. In the period under review, some organisations have lodged their applications with the Office, with a view to obtaining an non-objection order to carry out new projects/activities in the areas concerned. Most of these projects have already been approved, other applications are still under consideration. Interaction between the Ministry for Reintegration and the international community, when it comes to the implementation of projects in the two regions concerned, could be assessed as positive and conducive to further engagement. The CoE Secretariat has established very good working relations with the Ministry for Reintegration. Nevertheless, concerns related to the fact that the Modalities could be applied in a restrictive rather than a permissive manner have not yet been fully cleared. In this context, the previous recommendations of the Venice Commission concerning the Law on the occupied territories of Georgia could be relevant (in particular Opinion No. 552/2009).

2.   Human rights situation in the areas affected by the conflict

21.         In order to collect information for the preparation of this part of the report, the Secretariat travelled to Tbilisi and visited Perevi, a settlement situated close to the ABL^[9].

22.         On 18 November 2010, the OSCE High Commissioner on National Minorities, Knut Vollebaek, made a statement to the OSCE Permanent Council on his visit to Tskhinvali. In particular, Mr Vollebaek said that he remained concerned about the situation of ethnic Georgians in the region. He pointed out the issues of their language and education rights, compulsory “passportisation” and/or potential expulsion, forced conscription and restrictions on their freedom of movement across the ABL^[10]. The de facto authorities criticised his statement^[11] because, in their view, it ignored findings concerning the situation of other than Georgian ethnic groups.

Security and freedom of movement

23.         The security situation in the areas adjacent to ABLs remained stable, however still fragile. Incidents of detention of people who crossed the ABLs, even if accidentally, continued to take place.

24.         On 21 February 2011, the Georgian authorities and the de facto authorities in Tskhinvali simultaneously released and exchanged fourteen detainees, seven on each side. There are still some persons reportedly in detention on both sides.

The situation of Internally Displaced Persons

25.         On 17 November 2010, the Georgian Public Defender, Giorgi Tugushi, presented a special report on the situation of IDPs and persons affected by the August 2008 conflict. The report was prepared with the support of the Office of the Commissioner for Human Rights.

a.    Right to return

26.         No particular progress was achieved in the reporting period with regard to the safe and dignified return of persons displaced by the August 2008 conflict and previous conflicts to their habitual places of residence.

2. Right of displaced persons to care and support

27.         In the period under review, the issue of evictions of IDPs from collective centres in Tbilisi – considered by the authorities as temporary shelters – was the most topical issue and, as such, generated heated debate in political circles and society in general. The eviction process started in August 2010, but was temporarily suspended while the international community, together with the relevant Ministry, drew up a set of procedures^[12]. On 20 January 2011, the Ministry started the process of eviction of IDPs from 22 buildings located in Tbilisi^[13].

28.         Based on the assessments gathered by the Secretariat, and confirmed by the UNHCR, it seems fair to recognise that there was an improvement in the eviction procedures and process as compared to the situation of August 2010. However, a number of problematic issues have been highlighted by various interlocutors:

-          Shortcomings in the implementation of the Standard Operating Procedures, in particular related to the monitoring process, including free and unimpeded access by observers and monitors to affected IDPs during the eviction process;

-          Not all of the affected IDPs were provided with detailed information about their upcoming eviction in a timely manner;

-          While alternative housing offered to the evicted IDPs is generally of adequate quality, it is often located in areas where IDPs would certainly face difficulties with finding jobs/other livelihood opportunities and access to basic social services, medical services and schooling for their children. From this perspective, the sustainability of the proposed solutions has been questioned[14].

29.         It is also clear that resettlement is a painful process for IDPs. Therefore, the authorities should continue to exercise the utmost precaution and care when considering possible future evictions, in particular in areas outside the capital city.

Situation in the villages adjacent to the ABL

30.         On 25 November 2010, residents of the villages adjacent to the ABL protested against “border demarcation” activities being carried near the village of Ditsi, on the side under control of the de facto authorities in Tskhinvali. The EUMM expressed concern about the incident and the above-mentioned activities.

31.         At the time of the Secretariat’s visit to Perevi^[15], the situation in this settlement appeared to be calm and quiet. The residents are, nevertheless, worried about the socio-economic situation in the village and prospects for the future, in particular once the agricultural season starts. The access to arable land and pastures is limited, since both are located close to the territory under control of the de facto authorities. In the past, a number of incidents, including the theft of livestock, took place in the vicinity of the village. Local residents are thus questioning whether they will be able to provide for themselves and their families in future.

Specific issues

Ø  Property rights

32.         Property rights-related issues remained high on the agenda in the period under review. A joint Abkhaz-Russian “commission” looking into the restitution of property of those Russian citizens who resided in the region before the conflicts of the early 1990s, but then left and abandoned their property there, has reportedly decided not to consider the cases of ethnic Georgian citizens of the Russian Federation. An Abkhaz member of the Commission stated to the local media that such applications would not be considered unless Georgia pays the 13 billion USD which Sukhumi claims in compensation for the damage inflicted during the conflicts of the early 90s^[16]. This development was strongly condemned in Tbilisi^[17]. When asked about the issue, Russian Foreign Minister Lavrov stated that the Russian Federation “would protect legitimate interests of its citizens regardless of their ethnicity”^[18]. He further emphasised that “We are not dividing Russian citizens based on their ethnicity. All of our citizens are under our protection. We will ensure their rights in full.” The Foreign Minister explained that Russia "will insistently accomplish the task of satisfying all the justified complaints of its citizens related to the property disputes in Abkhazia^[19]".

Ø  Security/freedom of movement across the ABL

33.         On 9 October 2010, a resident of the Gali district went missing on the other side of the ABL, allegedly in the territory under effective control of the Georgian Government. The person in question was released one month later^[20]. Subsequently, this person claimed that he has been abducted by the Georgian police and ill-treated while in detention. This case was discussed during the IPRM meeting in Gali on 25 November 2010^[21].

3.   Activities of Council of Europe organs and institutions and their follow-up

Commissioner for Human Rights

Ø  Detainees

34.         The Commissioner continues to closely follow the situation with respect to persons detained following the August 2008 conflict. He welcomed the recent releases of 14 persons and supports the efforts made by both sides to continue the process.

Ø  Ombudsman project

35.         The Office of the Commissioner for Human Rights is currently funding seven posts (six monitors and advisers, as well as one project co-ordinator) in the Public Defender’s (Ombudsman’s) Office (PDO) in Tbilisi, Gori, Kutaisi, Zugdidi and Batumi with the aim of supporting the PDO in addressing the situation of Internally Displaced Persons (IDPs) and other persons affected by the conflict. The project staff in Tbilisi and Zugdidi have been involved in the monitoring of the process of IDP evictions/relocations, in co-ordination with other actors. The findings of the Public Defender’s special report on the situation of the IDPs and other conflict-affected populations, prepared in the framework of the project, were presented in Tbilisi, Kutaisi and Zugdidi in November 2010. An additional chapter, reflecting a study of the situation of IDPs residing in private accommodation, will be published in the upcoming yearly report of the Office of the Public Defender. As of January 2011, the project is being co-funded by the Office of the Commissioner for Human Rights and the UNHCR.

Ø  Awareness-raising: screening of a documentary on IDPs in the regions

36.         In November 2010, the Office of the Commissioner for Human Rights organised in Tbilisi, Kutaisi and Zugdidi a number of screenings of “Lives in transit”, a documentary film on the situation of persons who were displaced in the early 1990s, with a view to increasing awareness on the living conditions of these displaced persons.

Ø  Tolerance camp

37.         The Office of the Commissioner for Human Rights is funding a series of information meetings and a camp to be organised in the spring by the Kakheti-based NGO 'Vejini' on the Black Sea coast, with the aim of promoting confidence building between young ethnic Ossetians living in Kakheti and IDPs (ethnic Georgians) from the August 2008 conflict (about 300 IDPs fled to Kakheti), as well as their better integration into public life in Kakheti.

European Court of Human Rights

38.         There are currently still two Inter-State applications lodged by Georgia against Russia pending before the Court.

39.         The second Inter-State application (No. 38263/08) was lodged on 11 August 2008 in connection with the armed conflict in August 2008, and was accompanied by a request for an interim measure. On 12 August 2008, the Court adopted an interim measure inviting both Governments to respect their obligations under the Convention. This decision is still in force. The formal Inter-State application was submitted on 6 February 2009. The Court’s decision on admissibility is expected in the second half of 2011.

40.         Furthermore, more than 3,300 individual applications against Georgia were lodged by persons affected by the hostilities of August 2008 (cf. Section 1 on the recent decisions in connection with a number of these applications).

41.         In addition, eight applications were registered in 2010, against both Georgia and the Russian Federation, in which the applicants (Georgian nationals) complain about breaches of their Convention rights resulting from the hostilities in August 2008 and the subsequent investigation.

42.         Also, to date, the 208 applications involving more than 900 applicants from Georgia complaining against the Russian Federation have not yet been examined.

Parliamentary Assembly of the Council of Europe

43.         On 17 January 2011, the Monitoring Committee of the Parliamentary Assembly organised a hearing on the current situation with regard to “the consequences of the war between Georgia and Russia”. The purpose of the hearing was to help ensure that one have a clear, and where possible common, understanding about the current situation with regard to the consequences of the 2008 war between Georgia and Russia, as well as the actions and initiatives of the relevant international partners in this field. Participants included Ambassador Hansjörg Haber, Head of the European Union Monitoring Mission in Georgia; Ambassador Antti Turunen, United Nations representative in support of the Geneva process; Mr Pierre Apraxine, Head of Delegation of the International Red Cross in Brussels; Ambassador Heidi Tagliavini, former Head of the international fact-finding mission on the conflict in Georgia; Mr Peter Semneby, European Union Special Representative for the South Caucasus; Ambassador Pierre Morel, European Union Special Representative for the crisis in Georgia; and Mr Thorbjørn Jagland, Secretary General of the Council of Europe. Participants regretted the fact that the Georgian delegation to the PACE did not participate in the hearing.

44.         On 27 January 2011, the Monitoring Committee decided, in line with Resolution 1683 (2009), to remain seized of the consequences of the war between Georgia and Russia and decided that:

- the consequences of the war, as well as the implementation of Assembly recommendations and demands made on Georgia and Russia in the relevant resolutions on this issue, will be followed by the respective co-rapporteurs for Georgia and Russia in the framework of the ongoing monitoring procedures for both countries;

- the co-rapporteurs, under the responsibility and co-ordination of the Chairman of the Monitoring Committee, will present, on an annual basis, a joint information note to the Committee, in which they will outline the relevant developments, with regard to the conflict, and their findings, with regard to the implementation of Assembly demands, as expressed in its resolutions on this subject;

- this information note will be discussed by the Committee in a specific session, in which it will also be updated, inter alia, on relevant developments in other international fora.

Operational activities

Ø  Support to IDPs (DG III)[22]

45.         Around 30 de facto IDP community leaders were given training and individual guidance on how, by means of community development, the access of IDPs to employment and self-employment opportunities might be improved. They were also offered advice and assistance in designing and implementing their personal action plans. Twenty senior governmental officials participated in the training designed to address specific issues related to the situation of IDPs.

46.         A series of proposals on how to improve the local integration of IDPs through developing their communities as well as indicators on how to measure this integration were prepared. These proposals and indicators were included in the Final activity report submitted to the Council of Europe Development Bank on 23 December 2010. It was also made available to the Georgian authorities.

47.         There was a clear interest expressed both by IDPs and representatives of the relevant Ministry to continue this project with further training and possible support towards implementation of IDPs’ action plans.

Ø  Psychological rehabilitation (DG III)[23]

48.         In the framework of the project “Making schools a safe environment for all children in Georgia” four training sessions, for approximately 30 Georgian specialists, i.e. school teachers and managers, psychologists and medical doctors, schools marshals, representatives of the Ministry of Education and Science and its National Centre for Teacher Professional Development, and NGO representatives took place during the period under review. As a result the project contributed to:

·         The creation of a pool of Georgian experts familiar with Council of Europe methodologies on reducing violence in schools and promoting democratic governance in schools;

·         Better awareness of European good practices relating to psychological work with children in distress;

·         Dialogue and communication facilitation between different groups of children, notably children belonging to different ethnic groups;

·         Development and maintenance of partnerships at local level, particularly among schools, parents and communities, including local authorities.

49.         As a follow-up to the project:

·         Georgia has been invited to participate in the upcoming Council of Europe conference on violence in schools in Oslo, 27-28 June 2011;

·         Negotiations were started with the Council of Europe Wergeland Centre on the continuation of education-related projects in Georgia.

Ø  Cultural heritage (DG IV)

50.         In the framework of the project “Post-Conflict Actions for the Social and Economic Revitalisation of the Communities and the Cultural Environment in the Municipality of Gori”, three courses of separate, but complementary, action were successfully implemented up to the end of 2010:

·                     Guidelines were published to help the authorities to reconstruct villages, while maintaining and respecting their rural identity and character;

·                     A Feasibility Study was published on the rehabilitation of the Monastery of Nikozi, and a Reference Development Plan to revitalise the village was published;

·                     A development strategy was elaborated for the revitalisation of the Gori region (making the best of its natural and cultural resources), to be integrated into the post-conflict reconstruction process implemented by Georgia.

51.         The results have been endorsed by the Georgian authorities (at the level of an interministerial commission) for subsequent implementation as part of the national programmes. Subsequently, the Georgian authorities have requested a follow-up proposal to this project.

Ø  Expert based dialogue between Georgia and Russia (DG DPA)

52.         The fourth seminar between experts from the Moscow and Tbilisi Schools of Political Studies took place in the Moscow region from 24 to 26 November 2010. It was designed to continue promoting dialogue between representatives of civil society and the expert community of the two countries on issues of common interest related to the development of civil society, the rule of law, democracy and human rights. The participants strongly emphasised the value of regular meetings of the two Schools as one of the few existing fora to discuss common challenges and issues of importance. These meetings could also help to work out a new agenda for the future. The participants in this seminar came up with a number of proposals for possible future follow-up activities^[24].

4.   Update on the proposals for further action

53.         In the period under review, substantial progress was made on the implementation of the pilot projects proposed by the Council of Europe and designed for expanded action while addressing the consequences of the August 2008 conflict.

Ø  Training of journalists

54.         The first of the proposed initiatives - the training of journalists from the Abkhazia and other parts of Georgia on standards and principles of balanced coverage of politically sensitive events - took place in Istanbul on 15-19 November 2010 with the participation of 22 journalists representing various public and privately owned media outlets (TV, radio and print media)^[25]. The Secretariat was informed that regular contacts between the participants have been established and joint initiatives launched as a follow-up of the seminar. A follow-up event to discuss concrete issues and coverage of events related to the conflict in Georgia on both sides of the Enguri River is scheduled to take place in early summer 2011.

Ø  Providing publications on human rights protection

55.         The second initiative, aiming at providing civil society groups and selected Abkhaz educational institutions^[26] with Council of Europe publications on various human rights issues, is underway: the list of publications has been drawn up and the translation of some of the main documents into the Abkhaz language has been agreed and is being arranged.

Ø  Needs assessment visits

56.         This third proposed pilot project is still under consideration and will require additional consultations.

57.         All projects are implemented in close co-operation and consultation with other international organisations (in particular the EU, the OSCE and the UN) and other relevant international actors.

58.         The Secretariat visited Georgia in mid-February to discuss the modalities for the implementation of the three projects suggested by the Georgian authorities^[27] with the responsible parties. During these discussions, it was also agreed that new proposals aiming at enhancing people-to-people contacts, especially among specific professional groups, are expected to be presented shortly. The project on the “use of new technologies to enhance intercultural communication skills” for relevant target groups, has been discussed with a view to its implementation in late summer 2011. The exact topic and programme are at present being defined with the Georgian authorities.

59.         The Secretary General is prepared to further consider options which could help to extend similar projects to South Ossetian groups and individuals.