Draft resolution
1Over four years after the war between Georgia and
Russia in 2008, the humanitarian consequences of the conflict remain
a major concern.
Tabled by Ms Chiora TAKTAKISHVILI, Mr Irakli CHIKOVANI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Mr Jordi XUCLÀ, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, paragraph 1, delete the words "of the conflict".
Tabled by Mr Irakli CHIKOVANI, Ms Chiora TAKTAKISHVILI, Ms Corina FUSU, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Ms Kerstin LUNDGREN, Mr Jordi XUCLÀ, Mr Michael Aastrup JENSEN, Ms Renate WOHLWEND, Ms Dzhema GROZDANOVA, Mr Egidijus VAREIKIS, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, after paragraph 1, insert the following paragraph:
"The Assembly reiterates its condemnation of the continuing human rights violations as a result of the 2008 war, including the grave violations of the principle of freedom of movement and right to return of internally displaced persons (IDPs) as a result of the occupation of the two breakaway regions of Georgia and the previous conflict."
2While the emergency needs of internally displaced persons
(IDPs) and refugees have been largely taken care of, there is a
slow but sure freezing of the conflict where people’s lives are
becoming trumped by politics. This makes progress on the humanitarian
front difficult.
3The preoccupation on all sides, about status issues, access
across the administrative boundary line (ABL) and terminology issues
poisons the possibility of progress on the humanitarian front. These
issues are political in nature and should be secondary and not primary
in any humanitarian discussion. Recent political changes in Georgia
following the elections on 1 October 2012, provide an opportunity
for a change of dialogue on all sides.
Tabled by Ms Chiora TAKTAKISHVILI, Mr Jordi XUCLÀ, Mr Giorgi KANDELAKI, Ms Dzhema GROZDANOVA, Mr Egidijus VAREIKIS, Mr Kimmo SASI, Ms Tinatin BOKUCHAVA
In the draft resolution, paragraph 3, replace the words "Recent political changes in Georgia following the elections on 1 October 2012, provide an opportunity for a change of dialogue on all sides" with the following words:
"Recent political changes in Georgia following the elections of 1 October 2012 provide an opportunity for a continued commitment to dialogue respecting the relevant Resolutions."
Tabled by the Committee on Migration, Refugees and Displaced Persons
At the end of amendment 5, add the following words:
"of the PACE".
4One of the most important humanitarian issues is the right
to voluntary return in safety and dignity for internally displaced
persons and refugees. In reality, this right is largely ignored
for most IDPs, although there are exceptions, to a certain extent,
for IDPs in the areas of Gali and Akhalgori. It is important that
avenues for return of all IDPs remain open, even if this needs to
be on a step-by-step basis.
Tabled by Ms Chiora TAKTAKISHVILI, Ms Corina FUSU, Mr Josep Anton BARDINA PAU, Mr Irakli CHIKOVANI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Ms Kerstin LUNDGREN, Mr Jordi XUCLÀ, Mr Michael Aastrup JENSEN, Ms Renate WOHLWEND, Ms Dzhema GROZDANOVA, Ms Tinatin BOKUCHAVA, Mr Egidijus VAREIKIS, Mr Latchezar TOSHEV, Mr Emanuelis ZINGERIS, Mr Giorgi KANDELAKI, Mr André BUGNON
In the draft resolution, paragraph 4, replace the words "It is important that avenues for return of all IDPs remain open, even if this needs to be on a step by step basis" with the following words:
"The Assembly is concerned by the statements of Russian and de facto authorities refusing the right of return for IDPs and property rights of ethnic Georgians. It is important that the right of all displaced persons to voluntary return in safety and in dignity is respected in accordance with international law".
Tabled by the Committee on Migration, Refugees and Displaced Persons
In amendment 6, replace the words "The Assembly is concerned by the statements of Russian and de facto authorities refusing the right of return for IDPs and property rights of ethnic Georgians. It is important" with the following words:
"It is important that avenues for return of all IDPs remain open, even if this needs to be on a step-by-step basis and".
5In terms of security, the situation remains tense, particularly
for those close to the ABL, but not at the level which led to the
2008 war. A large Russian military presence, both in Abkhazia, Georgia
and South Ossetia, Georgia, is seen in contradictory ways. On the
one side, it is seen as an occupation of part of the country by
the troops of a neighbour, and on the other, it is seen as a guarantee
against renewal of the conflict. What is needed to restore security
and long-term trust is not armies facing each other along the ABL,
but a strong non-partisan international peacekeeping and monitoring
presence both sides of the line.
(If adopted, amendments 1, 8 falls)
Tabled by Ms Chiora TAKTAKISHVILI, Mr Irakli CHIKOVANI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Mr Jordi XUCLÀ, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, paragraph 5, delete the second and the third sentence.
(Falls if amendment 7 is adopted)
Tabled by Mr Anvar MAKHMUTOV, Ms Nadezda GERASIMOVA, Ms Olga BORZOVA, Ms Olga KAZAKOVA, Mr Viacheslav TIMCHENKO
In the draft resolution, paragraph 5, replace the second sentence with the following sentence:
"A large Russian military presence, both in Abkhazia and South Ossetia, is seen in contradictory ways."
(Falls if amendment 7 is adopted)
Tabled by Ms Chiora TAKTAKISHVILI, Mr Irakli CHIKOVANI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Mr Michael Aastrup JENSEN, Ms Dzhema GROZDANOVA, Mr Egidijus VAREIKIS, Mr Latchezar TOSHEV, Mr Emanuelis ZINGERIS, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA, Ms Kerstin LUNDGREN, Mr Jordi XUCLÀ
In the draft resolution, paragraph 5, replace the third sentence with the following sentence:
"On the one side, it is seen by Georgia and the international community as an occupation of part of the country by the troops of a neighbour, and on the other, it is seen by the Russian Federation and the de facto authorities as a guarantee against renewal of the conflict."
Tabled by the Committee on Migration, Refugees and Displaced Persons
In amendment 8, after the words "On the one side, it is seen by Georgia and" insert the following words:
"most of".
Tabled by Ms Chiora TAKTAKISHVILI, Mr André BUGNON, Mr Josep Anton BARDINA PAU, Mr Irakli CHIKOVANI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Ms Kerstin LUNDGREN, Mr Jordi XUCLÀ, Mr Michael Aastrup JENSEN, Ms Renate WOHLWEND, Ms Dzhema GROZDANOVA, Mr Egidijus VAREIKIS, Mr Kimmo SASI, Mr Latchezar TOSHEV, Mr Emanuelis ZINGERIS, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, after paragraph 5, insert the following paragraph:
"The Parliamentary Assembly is concerned by the permanent refusal by the Russian and the de facto authorities to grant access to the European Union Monitoring Mission (EUMM) to the former conflict zones since occupied."
6The greatest humanitarian challenge facing the Georgian Government
is the provision of durable housing solutions and livelihoods for
IDPs. While the government is to be congratulated on many of its
efforts in this area, there remain many challenges, in particular
in relation to the housing of IDPs in collective centres, private
housing and even those rehoused, after 2008, in temporary settlements
across the country.
7The Parliamentary Assembly is concerned by the situation of
ethnic Georgians in the areas of Gali and Akhalgori. While each
of these areas is different, the issues affecting the local population
are similar. Access across the ABL for family, economic, health,
education or other purposes remains problematic and uncertain. There
are some positive indications that access across the ABL could be
improved through more flexible arrangements and additional crossing
points, but for the moment there are no guarantees that this will
happen. The Assembly is also concerned by issues concerning identity
and registration documents, which govern not only travel but access
to a whole range of rights, including property rights. Furthermore,
it is concerned by approaches that hinder, rather than favour, mother
tongue education. The Assembly, while focusing in this resolution
on humanitarian issues, recalls the political stance it has taken
in its Resolution 1633 (2008) on the consequences of the war between Georgia and Russia
and its follow up Resolution
1683 (2009).
Tabled by Mr Irakli CHIKOVANI, Ms Chiora TAKTAKISHVILI, Mr Roman JAKIČ, Ms Corina FUSU, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Mr Jordi XUCLÀ, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, paragraph 7, replace the fourth sentence by the following sentence:
"There are some indications that access across the ABL could be improved through more flexible arrangements and additional crossing points, but for the moment the crossing is even more restricted since September 2012, having particulary severe implications for people travelling for healthcare purposes."
Tabled by Ms Chiora TAKTAKISHVILI, Mr André BUGNON, Mr Josep Anton BARDINA PAU, Mr Irakli CHIKOVANI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Ms Kerstin LUNDGREN, Mr Jordi XUCLÀ, Ms Ankie BROEKERS-KNOL, Mr Joris BACKER, Mr Margus HANSON, Mr Michael Aastrup JENSEN, Ms Renate WOHLWEND, Mr Egidijus VAREIKIS, Mr Latchezar TOSHEV, Mr Emanuelis ZINGERIS, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, after paragraph 7, insert the following paragraph:
"The Parliamentary Assembly deplores the situation regarding the places of worship of Georgians in Abkhazia, Georgia and South Ossetia, Georgia, which also raises serious concerns over the situation of cultural heritage monuments in the war-affected areas."
Tabled by Ms Chiora TAKTAKISHVILI, Mr Irakli CHIKOVANI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Mr Jordi XUCLÀ, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, after paragraph 7, insert the following paragraph:
"The Parliamentary Assembly regrets that despite numerous attempts, the co-rapporteur was not allowed to visit South Ossetia, Georgia."
8In order to improve the humanitarian situation, the Assembly
calls on Georgia, Russia and the de facto authorities
in Sukhumi and Tskhinvali to:
8.1take
fully into account and implement the recommendations of the Assembly
contained in Resolutions
1648 (2009) and 1664 (2009)
on the humanitarian consequences of the war between Georgia and
Russia;
8.2work intensively on resolving security issues under the
first working group of the Geneva International Discussions, and
open up a real dialogue on the issue of monitoring on both sides
of the ABL, involving in this the European Union Monitoring Mission
(EUMM) and, furthermore, work in good faith on an international
peacekeeping arrangement to avoid the volatile situation of armies
facing each other in the conflict areas;
Tabled by Ms Chiora TAKTAKISHVILI, Mr André BUGNON, Mr Josep Anton BARDINA PAU, Mr Irakli CHIKOVANI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Ms Kerstin LUNDGREN, Mr Jordi XUCLÀ, Ms Ankie BROEKERS-KNOL, Mr Joris BACKER, Mr Margus HANSON, Mr Michael Aastrup JENSEN, Ms Dzhema GROZDANOVA, Mr Egidijus VAREIKIS, Mr Kimmo SASI, Mr Latchezar TOSHEV, Mr Emanuelis ZINGERIS, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the paragraph 8.2, replace the words "open up a real dialogue on the issue of monitoring on both sides of the ABL, involving in this the European Monitoring Mission (EUMM)" with the following words:
"grant full and unimpeded access to the European Monitoring Mission (EUMM) to the former conflict zones since occupied".
8.3support fully the Incident Prevention and Response Mechanism
(IPRM) in the format agreed at the Geneva International Discussions,
and ensure that the mechanism covering the region of Abkhazia renews
its work in the previously agreed format, as a matter of urgency;
8.4 keep the issue of return of IDPs and refugees on the
agenda of the second working group of the Geneva International Discussions,
including for the areas of Gali and Akhalgori where, to a certain extent,
voluntary returns continue to take place;
Tabled by Ms Chiora TAKTAKISHVILI, Mr André BUGNON, Mr Irakli CHIKOVANI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Ms Kerstin LUNDGREN, Mr Jordi XUCLÀ, Ms Ankie BROEKERS-KNOL, Mr Joris BACKER, Mr Michael Aastrup JENSEN, Ms Renate WOHLWEND, Ms Dzhema GROZDANOVA, Mr Egidijus VAREIKIS, Mr Kimmo SASI, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, replace paragraph 8.4 with the following paragraph:
"ensure the voluntary return of all displaced persons in safety and in dignity, in accordance with international law and reverse the acts of ethnic cleansing of Georgians;"
Tabled by the Committee on Migration, Refugees and Displaced Persons
In amendment 14, delete the words "and reverse acts of ethnic cleansing of Georgians".
8.5 ensure the safety and security of all the people in the
region, and in particular IDP returnees, taking firm action against
criminality, including racketeering, bribery and forced labour;
8.6 tackle the issue of violence against women linked to
the consequences of the war and raise awareness of the problem,
drawing on the expertise and assistance available from the Council
of Europe;
8.7 ensure freedom of movement across the ABL to enable economic
recovery and improve the livelihoods of the local population, including
by opening additional crossing points and removing administrative
restrictions;
Tabled by Mr Irakli CHIKOVANI, Ms Chiora TAKTAKISHVILI, Mr Roman JAKIČ, Ms Corina FUSU, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Mr Jordi XUCLÀ, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, paragraph 8.7, replace the words "improve the livelihoods of the local population" with the following words:
"improve the livelihoods and basic needs of the local populations, such as healthcare".
8.8 uphold the right to mother tongue education, in particular,
but not limited to, Georgian speakers in the areas of Gali and Akhalgori,
and guarantee freedom of movement across the ABL for education purposes;
Tabled by Ms Chiora TAKTAKISHVILI, Mr Irakli CHIKOVANI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Ms Kerstin LUNDGREN, Mr Jordi XUCLÀ, Ms Ankie BROEKERS-KNOL, Mr Joris BACKER, Mr Margus HANSON, Mr Michael Aastrup JENSEN, Ms Renate WOHLWEND, Ms Dzhema GROZDANOVA, Mr Egidijus VAREIKIS, Mr Kimmo SASI, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, after paragraph 8.8, insert the following paragraph:
"ensure that the population is not forced to acquire Abkhaz, South Ossetian or Russian passports and is not punished for using Status Neutral Travel Documents issued by Georgian authorities;"
8.9 co-operate fully in the work on missing persons, including
the collection of ante-mortem data and information on the possible
whereabouts of missing persons, and also the exhumation and return
of the bodies and the provision of psychological assistance to their
families;
8.10 set up an international investigation to examine allegations
of damage to cultural heritage monuments in the conflict regions;
Tabled by Mr Irakli CHIKOVANI, Ms Chiora TAKTAKISHVILI, Ms Corina FUSU, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Mr Jordi XUCLÀ, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, paragraph 8.10, replace the word "conflict" with the following word:
"occupied".
8.11 facilitate a visit by the Assembly rapporteur to the
Tskhinvali and Akhalgori areas.
9 The Assembly encourages the Georgian authorities to continue
their efforts to tackle the humanitarian needs of IDPs, and in particular
to:
Tabled by Ms Chiora TAKTAKISHVILI, Mr Irakli CHIKOVANI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Mr Jordi XUCLÀ, Ms Tinatin BOKUCHAVA, Mr Giorgi KANDELAKI
In the draft resolution, after paragraph 9, insert the following paragraph:
"The Assembly calls on all member states, states with observer status with the Organisation and the European Union to:
-reach durable solutions for both the old and the newly displaced populations, with a clear protection component;
-continue to provide support and commit resources in order to strenghthen the mandate of the EUMM and exert pressure on Russian authorities to ensure the access of EUMM to both sides of the ABL;
-continue working towards the establishment of a genuine international peacekeeping/policing force in Abkhazia, Georgia and South Ossetia, Georgia, in accordance with emerging needs for protection and peace-keeping".
9.1 provide durable housing
solutions, inter alia covering
the needs of persons in private accommodation, rehabilitating or
closing some of the collective centres, privatising new settlements once
construction defects have been sorted out and providing monetary
compensation in lieu of housing where appropriate;
9.2 in so far as further evictions of IDPs are necessary,
ensure that they take place in accordance with the agreed standard
operating procedures, that persons are fully informed and notified
of these in advance and that, if appropriate, suitable alternative
accommodation is provided;
9.3 focus more on ensuring an adequate livelihood for IDPs,
in particular for those in new settlements, in order to break the
cycle of dependency and prevent these settlements becoming IDP ghettos;
9.4 review the “Action Plan for Engagement” under the “State
Strategy on Occupied Territories” in order to ensure that it achieves
its goal of encouraging reintegration.
Tabled by Mr Irakli CHIKOVANI, Ms Chiora TAKTAKISHVILI, Ms Corina FUSU, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Mr Jordi XUCLÀ, Mr Giorgi KANDELAKI
In the draft resolution, paragraph 9.4, replace the word "review" with the following words:
"advance the implementation of".
10The Assembly invites the Russian authorities to:
10.1 make every effort to resolve
the critical housing situation of many ethnic Ossetian refugees, primarily
from the conflicts in Georgia in the early 1990s, but also from
the 2008 conflict, making full use of federal, regional or international
funding, as proposed in Assembly Resolution 1879 (2012) on the situation of IDPs and returnees in the North
Caucasus region;
Tabled by Mr Irakli CHIKOVANI, Ms Chiora TAKTAKISHVILI, Mr Roman JAKIČ, Ms Corina FUSU, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Ms Kerstin LUNDGREN, Mr Jordi XUCLÀ, Mr Michael Aastrup JENSEN, Ms Dzhema GROZDANOVA, Mr Egidijus VAREIKIS, Mr Kimmo SASI, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft resolution, before paragraph 10.1, insert the following paragraph:
"fully implement the European Union brokered ceasefire agreement, in particular to withdraw all Russian troops to pre-war positions;"
Tabled by the Committee on Migration, Refugees and Displaced Persons
In amendment 20, delete the words ", in particular to withdraw all Russian troops to pre-war positions".
10.2 regularise the situation of those who fled to Russia
after the earlier conflicts in Georgia and who are living in an
irregular situation, and who are in some instances stateless.
11The Assembly calls on the European Court of Human Rights to
expedite the hearing of the inter-State case of Georgia v. Russia (Application No.
38263/08) which is before the Grand Chamber.
Draft recommendation
1The Parliamentary Assembly refers to its Resolution
…. (2013) on Georgia and Russia: the humanitarian situation in the
conflict- and war-affected areas.
2It notes in particular that the emergency needs of internally
displaced persons (IDPs) and refugees have been taken care of but
there remain major humanitarian challenges concerning the return
of IDPs and the provision of durable housing and livelihood for
all IDPs. Security continues to be an important issue and access across
the administrative boundary line is one of the most important factors
affecting the lives of those living both sides of this line.
3The Assembly believes that the Council of Europe has a role
to play in improving the humanitarian situation in the conflict
affected areas and welcomes the activities already being carried
out by the Council of Europe which contribute to keeping a dialogue
open and building confidence in the region.
4In addition to encouraging the Committee of Ministers to continue
its current confidence-building measures, the Assembly recommends
that the Committee of Ministers:
4.1 provides
education expertise to strengthen mother tongue education, in particular
in the region of Abkhazia, Georgia, taking into account the needs
of all linguistic groups, Georgian or other;
Tabled by Mr Anvar MAKHMUTOV, Ms Nadezda GERASIMOVA, Ms Olga BORZOVA, Ms Olga KAZAKOVA, Mr Viacheslav TIMCHENKO
In the draft recommendation, replace paragraph 4.1 with the following paragraph:
"provides education expertise to strengthen mother tongue education, in particular in Abkhazia, taking into account the needs of all linguistic groups;"
Tabled by the Committee on Migration, Refugees and Displaced Persons
In amendment 2, replace the word "Abkhazia" with the following words:
"the Gali region".
4.2 provides assistance to the Georgian authorities to help
ensure the successful integration of resettled IDPs in their new
communities, bearing in mind that integration is always a two-way
process;
4.3 provides support for tackling domestic violence and assisting
its victims, taking into account the effect that the conflict has
had on this phenomena and the problems and needs noted throughout Georgia,
including in the conflict areas;
Tabled by Mr Irakli CHIKOVANI, Ms Chiora TAKTAKISHVILI, Ms Tinatin KHIDASHELI, Mr Levan BERDZENISHVILI, Mr Jordi XUCLÀ, Mr Giorgi KANDELAKI, Ms Tinatin BOKUCHAVA
In the draft recommendation, in paragraph 4.3, replace the words "throughout Georgia, including in the conflict areas" with the following words:
"in relation to the conflict affected population"
4.4 uses its political standing to bring about improved access
across the ABL. This, perhaps more than any other measure, has the
prospect of improving the daily lives of all those affected by the
conflict.
