A/HRC/39/44 actors in Abkhazia and South Ossetia. 19 According to information available to OHCHR, some provisions of the law continue to have a complicating effect on the operational environment, while the alternative proposals or mitigating solutions are considered insufficient.20 The Council of Europe recalled in this regard that earlier draft amendments to relevant legislation that were in line with the recommendations of the European Commission for Democracy through Law were still pending before the parliament of Georgia.21 C. Situation of internally displaced persons and refugees 42. In resolution 37/40 the Human Rights Council expressed concern that internally displaced persons and refugees continued to be deprived of the right to return to their homes in a safe and dignified manner. Pursuant to General Assembly resolution 71/290, the Secretary-General prepared his annual report on the status of internally displaced persons and refugees from Abkhazia and South Ossetia (A/72/847), covering the period from 1 April 2017 to 31 March 2018. The present report will therefore not address this subject. D. Human rights framework and key issues concerning Abkhazia and South Ossetia 43. The authorities in control in Abkhazia and South Ossetia are responsible for upholding the fundamental freedoms and human rights of all people living under their control because any conduct that affects the human rights of concerned individuals must be addressed, regardless of questions related to the status of territories and entities. 22 44. In the present section, the main human rights matters concerning Abkhazia and South Ossetia during the reporting period are described. Due to the lack of access by OHCHR, the content is based on information received by the Office and available in credible open-source documents. The series of international human rights standards as underscored in the first report of the High Commissioner on this subject continue to apply.23 45. The report of Thomas Hammarberg and Magdalena Grono on human rights in Abkhazia, published during the period under review, supplemented the information available on human rights issues related to Abkhazia. There is no comparable independent baseline assessment of the human rights situation in South Ossetia. 46. In their report, Mr. Hammarberg and Ms. Grono provided an account of human rights issues identified in Abkhazia and put forward recommendations to address various shortcomings. The experts, as well as the European External Action Service in its submission, noted the existence of local mechanisms of relevance for human rights protection. Mr. Hammarberg and Ms. Grono also indicated that several existing human rights problems “can be addressed, and even resolved, before a comprehensive political agreement has been reached”.24 47. During the reporting period, the absence of a political and legal solution, compounded by the ensuing political divergences that inform various decisions and practices, has continued to undermine the protection of human rights in Abkhazia and South Ossetia and to adversely affect the local population. 19 20 21 22 23 24 See also A/HRC/36/65, para. 37. See, inter alia, A/72/847, paras. 47−48. See SG/Inf(2018)15, para. 26. See also A/HRC/36/65, para. 40. Ibid., in particular paras. 46, 48, 51, 61, 66, 67, 71, 72 and 80. Hammarberg and Grono, p. 76. 9

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