A/HRC/4/105
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Accommodation and request recognition as a refugee. The decision on the recognition of refugee
status is made by the Ministry within four months of registration and a refusal to grant refugee
status can be appealed.
47. A draft law on refugees and persons granted temporary asylum is envisaged, in order to bring
the definition of refugee into complete compliance with the definition contained in the 1951
Convention. It will further simplify the process of obtaining refugee status and will subject all
decisions in this regard to the scrutiny of the judiciary. Special attention will be paid to the
situation of children. This draft law will also regulate the issue of asylum-seekers who do not
qualify for refugee status but cannot be expelled from the territory for humanitarian reasons.
48. According to the Charter on the granting of asylum, the President is responsible for granting
asylum to foreigners who are persecuted in their own country because of their activities for the
protection of peace and human rights, or progressive social, political, scientific and other
creative activity.
49. The law on forcibly displaced and/or internally displaced persons (FDPs/IDPs) of 1996
provides the legal basis for the definition of the legal status of FDPs/ IDPs and sets the rules
regulating the process of granting, cancellation, termination and deprivation of that status. It also
provides legal, social and economic guarantees. Apart from assuring the right to live in a
temporary place of residence and receive other assistance, the basic obligation of the State is to
assist FDPs/IDPs in returning to their habitual place of residence. FDPs/IDPs are entitled to
receive different types of assistance such as a temporary place of residence; social assistance;
their medical expenses covered by the State; or assistance in enjoying the right to education.
50. In regard to refugees, the Georgian authorities reported that, due to the lack of financial
resources, assistance was somewhat limited. However, in recent years the amount and type of
assistance has been steadily increasing.
51. Most refugees are settled in the north-eastern part of the country and several programmes
have been implemented with the assistance of the international community. In particular,
UNHCR and the World Food Programme (WFP) are implementing a programme of food
assistance to the refugees. A durable solution for those refugees who have already been on
Georgian territory for more than seven years remains the most problematic issue.
52. According to the authorities, the conflict with Abkhazia resulted in the displacement of some
300,000 persons and the conflict in the Tskhinvali region/South Ossetia led to the displacement
of some 60,000 persons. Displacement brought about by conflicts remains one of the major
challenges for the Government of Georgia, since it has to guarantee the FDPs/IDPs what they
need to enable them to continue a normal life. The main problem hampering assistance to
FDPs/IDPs remains the lack of financial and other resources.
53. The Government of Georgia has been drafting a national strategy on internally displaced
persons in order to establish a detailed and durable solution for IDPs in Georgia. This strategy
serves two major objectives: securing the conditions for IDPs to live in dignity and their
integration into Georgian society; and creating the necessary conditions to enable them to return
home voluntarily, in dignity and safety. It has been developed in line with the recommendations
of the Representative of the Secretary-General on human rights of internally displaced persons
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