A/HRC/39/44
33.
On 17 April 2018, pursuant to that resolution, OHCHR sent letters to the authorities
in control in Abkhazia and in South Ossetia seeking unfettered access to these areas to
gather factual and reliable information on the human rights situation on the ground.
34.
On 18 April 2018, OHCHR received a response from the authorities in control in
Abkhazia, indicating that they did not intend to invite Human Rights Council experts due to
what they considered to be an inability to express their position in such international
forums. At the time of finalization of the present report, the authorities in control in South
Ossetia had not replied to the above-mentioned letter from OHCHR.
35.
In his 2018 report to the General Assembly on the status of internally displaced
persons and refugees from Abkhazia, Georgia and the Tskhinvali region/South Ossetia,
Georgia, the Secretary-General reiterated his call to grant unfettered access for OHCHR to
be able to assess human rights protection needs and to support related mechanisms on the
ground.11
36.
The Secretariat of the Council of Europe has not been allowed to visit Abkhazia and
South Ossetia for the purpose of preparing its latest consolidated reports on Georgia. It
therefore indicated that it had had no opportunity to assess the human rights situation on the
ground. However, the Council of Europe was granted access to Abkhazia for the purpose of
implementation of confidence-building measures, but not to South Ossetia. 12 In its decision
of 2 May 2018, the Committee of Ministers of the Council of Europe expressed deep regret
that the organization’s Commissioner for Human Rights, its monitoring bodies or the
Secretariat delegation preparing the Secretary-General’s consolidated reports had not been
granted access to these regions.13
37.
During the period under review, the report on the human rights situation in Abkhazia
prepared by two independent experts, Thomas Hammarberg and Magdalena Grono,
following their earlier visits there, 14 became publicly available. 15 The authors underlined
that further international visits to Abkhazia on human rights issues would benefit all
parties.16
38.
During the reporting period, several United Nations development and humanitarian
actors continued to have operational access to Abkhazia. The authorities in control in
Abkhazia and the Government of Georgia have, inter alia, allowed the Office of the United
Nations High Commissioner for Refugees (UNHCR) to introduce the services of a second
shuttle bus17 to transport people across the Inguri Bridge, the main crossing point between
Abkhazia and the Tbilisi-controlled territory.
39.
Local staff of United Nations agencies and international non-governmental
organizations who are allowed to access Abkhazia are, however, subjected to requirements,
introduced by the authorities in control in Abkhazia, before crossing the Administrative
Boundary Line, which have limited their operational flexibility. 18
40.
There has been no progress in granting access to South Ossetia to United Nations
development and humanitarian agencies, nor to its human rights mechanisms.
41.
OHCHR reiterates the importance of reviewing and, if necessary, adjusting or
complementing the Georgian Law on Occupied Territories so as to facilitate unhindered,
predictable and sustainable access and service delivery by humanitarian and development
11
12
13
14
15
16
17
18
8
See A/72/847, para. 10.
See, for example, “Consolidated report on the conflict in Georgia (October 2017−March 2018)”,
document SG/Inf (2018)15, paras. 5 and 73.
See paragraph 11 of decision CM/Del/Dec(2018)1315/2.1, available at
https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016807c117a.
See also A/HRC/36/65, para. 33.
Thomas Hammarberg and Magdalena Grono, “Human rights in Abkhazia today”, July 2017, available
at www.palmecenter.se/wp-content/uploads/2017/07/Human-Rights-in-Abkhazia-Today-report-byThomas-Hammarberg-and-Magdalena-Grono.pdf.
Ibid., pp. 10 and 76.
On the services of the first shuttle bus, see, inter alia, A/HRC/36/65, para. 35.
See A/72/847, para. 51.
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