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Resolution 1648 (2009)
Humanitarian consequences of the war between Georgia and Russia
1. The Parliamentary
Assembly, referring to its Resolution
1633 (2008) on the consequences of the war between Georgia and Russia,
considers that one of the immediate priorities is to deal with the
humanitarian consequences of the war.
2. Following the breakout of war in August 2008, it has been
estimated that 133 000 persons were displaced from South Ossetia,
the so-called “buffer zone” and Abkhazia into the rest of Georgia.
According to estimates from the Russian authorities, over 38 000
South Ossetians sought refuge in North Ossetia.
3. Since August 2008, about 100 000 internally displaced persons
(IDPs) in Georgia have returned to their homes, mostly in the former
so-called “buffer zone” with South Ossetia. There remain approximately
23 000 persons with little prospect of early return. Of those who
fled to Russia, all but about 2 000 persons have returned to South
Ossetia. The return of these refugees from the Russian territory
is delayed because of the destruction of their housing during the
conflict.
4. Notwithstanding the large-scale return of persons after the
conflict, considerable concerns remain about the humanitarian situation
and human rights of those who have returned, those who cannot return
and those who remained despite the serious security problems.
5. Hand in hand with the plight of these recent IDPs and refugees,
continuing concerns exist for 222 000 IDPs from earlier conflicts
and refugees, whose long-term plight remains in urgent need of a
solution.
6. There are still concerns about all acts which could contribute
to ethnic cleansing of Georgians from the conflict areas and areas
of occupation.
7. The number of missing from the recent conflict remains unclear.
8. The situation in South Ossetia remains extremely complicated
for the civilian population. They are cut off from the rest of Georgia,
with little or no access to international humanitarian aid and human
rights monitoring. They are facing great hardship during the winter
months, due in particular to shortages of food and non-food items,
electricity and gas. For those with damaged or destroyed houses
the situation is even more difficult. For the few ethnic Georgians
remaining, the security situation remains delicate and they are
reportedly under increasing pressure to renounce their Georgian
passports and their Georgian identity.
9. The situation in the former so-called “buffer zone” remains
tense, with persons continuing to be killed by sniper fire, mines,
unexploded ordnance and booby traps. While the rapid deployment
of the European Union Monitoring Mission (EUMM) has allowed many
persons to return to their homes in the former so-called “buffer zone”
before the onset of winter, the mission needs a stronger mandate
and greater manpower to cover the security needs of all those close
to the de facto border with South Ossetia. The closure of the Organization
for Security and Co-operation in Europe’s (OSCE) Mission to Georgia
and the bringing to an end of its valuable monitoring activities
is highly regrettable and puts even greater responsibility on the
EUMM to strengthen its mandate and presence.
10. There are grave concerns for those remaining in the Akhalgori
district. Approximately 5 100 persons have already fled this region
and there are fears that even more people will leave due to the
lack of security combined with the harsh winter conditions and the
lack of food and non-food items, gas, heating and financial assistance
and income.
11. Large numbers of IDPs have returned to the former so-called
“buffer zone”. The Assembly notes with concern that some of these
returns have been made at very short notice with little information
and choice being given to IDPs as to their return, compromising
the right to voluntary return in safety and in dignity. Reportedly 100
returnees have left their homes a second time in view of the unsatisfactory
security situation in some areas of the former so-called “buffer
zone”.
12. The situation of those Georgians who returned to the Gali
region remains precarious. The closing of the de facto border with
the rest of Georgia has had a great impact on the population in
this region. It has become increasingly difficult for the population
to maintain family contacts, sell their produce, have access to
health care or pick up financial entitlements on the other side
of the de facto border.
13. The security situation in the Gali region also remains tense,
with persons reluctant to leave their homes after dark. There continue
to be reports of intimidation. Furthermore, steps continue to be
taken to stop teaching in the Georgian language in schools in the
lower Gali region. The cumulative effect of these factors, the lack
of security and the fear that international organisations may pull
out from the region will contribute to more and more persons leaving
the region and crossing the de facto border into Georgia. If the
border remains closed, a major movement of the Georgian ethnic population
can be anticipated.
14. The United Nations Observer Mission in Georgia (UNOMIG) is
in the process of renegotiating a mandate for its presence in Abkhazia
following the nulling and voiding of the Moscow agreement on which
its mandate was based. UNOMIG plays an extremely important role
in Abkhazia and in particular in the Gali region and the Kodori
Valley where its regular patrols in the countryside provide some
welcome security for the local residents.
15. There are also great concerns over the future of the 1 500
persons who fled the Kodori Valley when it was occupied by the Abkhaz
forces in August 2008. Approximately 100 persons have remained in
the Kodori valley and although the International Committee of the
Red Cross (ICRC) and the United Nations High Commissioner for Refugees
(UNHCR) have had access to them, they are likely to face an extremely
difficult winter. The de facto authorities in Abkhazia render assistance
to civilians who have remained in this territory.
16. The Assembly welcomes the role played by the Council of Europe
Commissioner for Human Rights and his six principles for urgent
protection of human rights and humanitarian security drawn up after
his August 2008 visit.
17. The Assembly welcomes the overwhelming international response
to the humanitarian and protection needs of the IDPs in Georgia.
US$4.5 billion have been pledged as a result of the Georgian Crisis
Flash Appeal and the Joint Needs Assessment put together in the
aftermath of the war. It commends the many international organisations
and non-governmental organisations that have moved swiftly to support
the Georgian population and Government.
18. The Georgian Government has shown a strong commitment to tackling
the humanitarian issues its population is facing, learning from
mistakes made following previous conflicts.
19. The government has moved quickly to provide durable solutions
for those IDPs who have little or no prospect of return in the near
future. The building of over 6 000 small, two-bedroom family houses
can be welcomed, notwithstanding that there are criticisms over
the location of these houses, away from basic amenities and in areas
with few economic prospects. There are also concerns about the lack
of clarity of the criteria for the allocation of such housing. The
government has also taken urgent steps to winterise 137 collective
centres for IDPs with assistance from many international actors.
20. Other important steps taken include assistance for the most
vulnerable and those with psychological problems arising from the
conflict. Schools in Georgia, including in the former so-called
“buffer zone”, have been re-opened and are functioning and school
supplies have been distributed to the children. Free primary medical
aid has been provided but needs to be extended over the winter.
21. The Assembly also recognises the generous response of Russia
to the needs of the refugees from South Ossetia and the assistance
provided to them on their return to South Ossetia. However, it deplores
the restrictions placed on the delivery of international humanitarian
aid for the region and the insistence that all aid for South Ossetia
be brought through Russia rather than through Georgia.
22. The Assembly deplores the fact that humanitarian access has
fallen victim to political considerations by the parties to the
conflict and is also concerned at provisions of the new Georgian
Law on the Occupied Territories, which may restrict access and the
delivery of humanitarian aid to all areas by humanitarian actors and
may not be in line with, or even violate, relevant international
obligations.
23. The Assembly also deplores that because of the restrictions
imposed by the de facto authorities in South Ossetia on the entry
into South Ossetia from the Georgian side, it was not possible for
the Assembly to gather first-hand information on the situation of
the population in this region.
24. In view of the above-mentioned considerations, the Assembly
calls on Georgia, Russia and the de facto authorities in South Ossetia
and Abkhazia to:
24.1. abide unconditionally
by international humanitarian and human rights law; and, in particular, respect
their obligations and commitments under the 1907 Hague Convention
(IV) on the Laws and Customs of War on Land, the 1949 Geneva Conventions
and their additional protocols, and the European Convention on Human
Rights (ETS No. 5);
24.2. investigate and where appropriate prosecute all human
rights violations and violations of humanitarian law promptly, independently
and impartially, and allow the relevant human rights ombudspersons
to carry out their own independent enquiries;
24.3. ensure that reparations for violations of international
human rights and humanitarian law are provided, including restitution
of property and payment of compensation;
24.4. provide immediate and unimpeded access at all times to
all conflict areas for all humanitarian actors from either Georgia
or Russia so that they may reach IDPs and other civilians at risk
without further delay. They should refrain from any steps that may
impede such access;
24.5. 5 ensure that all humanitarian aid and essential supplies
are not cut off and reach persons in need. This includes gas and
water supplies;
24.6. guarantee the voluntary right to return of all persons
displaced by the recent conflict and the earlier conflicts, ensuring
that the return takes place in safety and in dignity. This right
to return is the starting point of any sustainable solution to internal
displacement and international humanitarian law obliges all parties
concerned, once military action is over, to do their best to remedy
the harm inflicted on civilians and ensure that refugees and displaced
persons are safely returned to their places of residence;
24.7. ensure respect for the right of IDPs, whether displaced
recently or by earlier conflicts, to freely choose whether they
want to return home, integrate locally or resettle in another part
of the country, and take measures to allow the displaced to participate
fully in the planning and management of their return, resettlement
and reintegration;
24.8. release and exchange immediately all prisoners of war
and persons detained as a result of the conflict and exchange all
mortal remains;
24.9. ensure that all hostages are released and exchanged without
delay and that the practice of hostage taking is criminally prosecuted
and eradicated;
24.10. solve the issue of missing persons both from the recent
conflict and earlier conflicts, reconstituting, as necessary, the
working commissions on all sides and co-operating closely with the ICRC;
24.11. exchange information on mines and unexploded ordnance
and remove, together with the assistance of the Halo Trust and other
experts in the area, all remaining explosive remnants of war; ensure
that all areas of danger are mapped, fenced and identified for the
local population and that awareness-raising programmes on the dangers
of these explosive remnants continue to be run for those at risk,
whether they are civilians, police officers, members of the authorities
or others;
24.12. take measures to effectively protect the property left
behind by IDPs from both recent and previous conflicts with a view
to securing restitution of such property in the future;
24.13. respect responsibilities under the European Convention
on Human Rights and also under the 1907 Hague Convention (IV). Under
these standards, the parties concerned remain responsible for violations
of human rights and humanitarian law in all areas under their de
facto control;
24.14. agree on the strengthening of the EUMM to allow it to
have a stronger presence and to have access to both sides of the
de facto border zone and former conflict zones since occupied;
24.15. agree to the extension of the mandate of the EUMM to cover
protection and possibly peace keeping on both sides of the de facto
borders of South Ossetia and Abkhazia and other parts of the former
conflict zones since occupied;
24.16. examine and adopt a new mandate for the OSCE’s Mission
to Georgia, and in particular a mandate allowing the OSCE to, inter alia, monitor both sides of
the de facto border of South Ossetia;
24.17. take fully into account and implement the Council of Europe
Commissioner for Human Rights’ six principles for urgent protection
of human rights and humanitarian security drawn up after his August 2008
visit to the region, and his follow-up recommendations.
25. The Assembly calls on Russia and the de facto authorities
in South Ossetia and Abkhazia to:
25.1. guarantee
the safety and security of all persons under their de facto control,
not only in South Ossetia and Abkhazia but also in the occupied
territories of the Akhalgori district and Perevi, and in the Kodori
Valley;
25.2. ensure that no further measures are taken which have the
effect of forcing persons to leave their homes and homelands, contributing
to ethnic cleansing;
25.3. prevent, protect against and stop ongoing lawlessness,
including physical assaults, theft, intimidation, harassment, looting,
kidnapping, torching and destruction of property, and prosecute
all those involved in such acts;
25.4. support a new, enhanced, replacement mandate for UNOMIG
in Georgia, including in Abkhazia and possibly also in South Ossetia,
and allow the EUMM to carry out its mandate.
26. The Assembly calls on Georgia to:
26.1. improve the security of all those living in the de facto
border and former conflict zones, including by increasing police
patrols at night in the most sensitive areas and not just at de
facto border posts;
26.2. improve the provisions of primary humanitarian aid, including
food and non-food items and firewood, to villages in the former
so-called “buffer zone” adjacent to South Ossetia;
26.3. adopt a revised strategy and action plan for IDPs from
both recent and previous conflicts and ensure that assistance to
both is provided on the basis of simple, rational, clear and transparent
criteria of real need and vulnerability rather than status;
26.4. ensure that IDPs are systematically informed and consulted
to allow them to make a free and informed choice as to whether to
integrate locally, return or resettle on a temporary or permanent
basis. Furthermore, mandated international organisations, such as
the UNHCR, should be involved in the resettlement and return process;
26.5. guarantee that those who have not been displaced but who
are experiencing problems as a result of the conflict receive appropriate
aid;
26.6. continue to provide primary medical aid and psychological
assistance to IDPs and returnees, and in particular take into account
the needs of children;
26.7. take measures to ensure that internally displaced women
and children do not become victims of trafficking or violence;
26.8. find solutions to alleviate the debt of IDPs who have
lost their homes and their incomes and who have no means to repay
their bank loans;
26.9. ensure the new Law on the Occupied Territories is not
applied in such a way as to worsen the humanitarian and human rights
situation of those persons living on the other side of the de facto
borders of Abkhazia and South Ossetia or to impede humanitarian
access in any way;
26.10. take fully into account the expert advice of the European
Commission for Democracy through Law (Venice Commission) on the
human rights compatibility of the new Law on the Occupied Territories;
26.11. improve the flow of information to IDPs about their rights
and entitlements and allow them to participate in decisions affecting
their future.
27. The Assembly calls on all member states and states with observer
status with the Organisation to:
27.1. continue
to provide support and commit resources in order to:
27.1.1. address urgently the acute humanitarian
needs of the newly displaced, including but not limited to shelter;
27.1.2. support the most vulnerable, including children, the elderly,
the sick, the disabled, single mothers, the infirm and the traumatised;
27.1.3. reach durable solutions for both the old and the newly
displaced populations, with a clear protection component;
27.1.4. implement all the components of the Georgian Government’s
Action Plan for Internally Displaced Persons – with amendments,
agreed by key international actors, to account for the newly displaced
population;
27.1.5. ensure a smooth transition from emergency aid to early
recovery and development aid for Georgia;
27.2. ensure the accountability and transparency of aid beneficiaries,
whether this be the government, local authorities, international
organisations, non-governmental organisations or others;
27.3. support the United Nations in negotiating a new mandate
for the UNOMIG.
28. The Assembly calls on the European Union to ensure that the
EUMM receives the necessary resources to carry out its mission and
that:
28.1. the mandate of the EUMM
is strengthened in accordance with emerging needs for protection
and peace keeping;
28.2. the staff of the EUMM are fully trained in human rights
standards;
28.3. patrols are provided with Georgian interpreters;
28.4. further offices along the de facto border are opened in
order to allow patrols to reach all parts of the former so-called
“buffer zone” within a reasonably short period of time.
29. The Assembly calls on the European Union to work on the expansion
of the EUMM within the de facto borders of South Ossetia and Abkhazia.
30. The Assembly invites the Council of Europe’s Development Bank
to consider action with a view to assisting those affected by the
conflict, including displaced persons and those displaced by the
earlier conflicts, as well as contributing to reconstruction in
the areas affected, including in South Ossetia and Abkhazia.