A/HRC/42/34
protection needs, support related mechanisms on the ground and contribute to confidencebuilding with a view to enhancing the protection of the human rights of the affected
population.20
35.
During the reporting period, however, no progress was made regarding access for
OHCHR to Abkhazia or South Ossetia pursuant to Human Rights Council resolution 40/28.
On 12 and 18 April 2019, pursuant to that resolution, OHCHR sent letters to the authorities
in control in Abkhazia and South Ossetia, seeking unfettered access to those areas to gather
factual and reliable information on the human rights situation. In contrast to 2017 and 2018,
OHCHR did not receive a reply from the authorities in control in Abkhazia before the
present report was finalized. While the authorities in control in South Ossetia conveyed a
comment of a procedural nature, on 17 April 2019, they did not reply substantively to the
OHCHR request.
36.
Several United Nations development and humanitarian actors continued to have
operational access to Abkhazia and to implement humanitarian assistance and development
programmes and activities. There was no progress, however, in granting them access to
South Ossetia.21
37.
The Council of Europe continued to have access to Abkhazia to implement
confidence-building measures, but it did not have access for the same purpose to South
Ossetia.22 At the same time, the Secretariat of the Council of Europe was still not allowed to
visit Abkhazia and South Ossetia for the purpose of preparing the consolidated reports of
the Council of Europe Secretary General on Georgia. 23 In its decision of 2 May 2019, the
Committee of Ministers of the Council of Europe regretted again that the Commissioner for
Human Rights of the Council of Europe, its monitoring bodies and the secretariat
delegation preparing the consolidated reports had not been granted access to those
regions.24
38.
In a welcome step, the OSCE High Commissioner for National Minorities visited
Abkhazia in September 2018.25
39.
Local staff of United Nations agencies and international non-governmental
organizations who are allowed into Abkhazia continue to be subjected to requirements
introduced by the authorities in control before crossing the Administrative Boundary Line,
which has limited their operational flexibility.26
40.
The United Nations Secretary-General highlighted the negative consequences on
humanitarian supply and assistance of the closure of the crossing points by the authorities
in control in Abkhazia and South Ossetia in early 2019 (see also paras. 53–54 and 66
below).27
41.
No progress was reported with regard to reviewing or adjusting the Georgian Law
on Occupied Territories, despite the expression of repeated concerns about the ambiguity of
some of its provisions and their negative impact on the operational environment for
international and local actors that have activities in Abkhazia and South Ossetia. 28
B.
Key human rights issues concerning Abkhazia and South Ossetia
42.
As OHCHR has no access to Abkhazia and South Ossetia, the content of the present
section is based on information it has received or that is available in credible open-source
20
21
22
23
24
25
26
27
28
A/73/880, para. 10.
Ibid., paras. 21 and 40.
See, inter alia, “Consolidated report on the conflict in Georgia (October 2018−March 2019)”,
SG/Inf(2019)12, 27 March 2019, paras. 5 and 71.
Ibid., paras. 5 and 33.
Committee of Ministers, decision CM/Del/Dec(2019)1345/2.1, para. 18.
See www.osce.org/permanent-council/401942?download=true.
A/73/880, para. 57.
Ibid.
Ibid., para. 54; and Council of Europe, SG/Inf(2019)12, para. 30.
9
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