A/HRC/45/54
backgrounds from considering studying at universities in Tbilisi-controlled territory,
threatening that otherwise they would not be able to return to these regions.
6.
Property issues
62.
No progress was reported with respect to the restitution of, or compensation for,
property lost or left behind by displaced persons. The continued so-called “borderization”
and restrictions on freedom of movement, as well as the risk of arbitrary detention in
connection to crossing, further hindered access to property situated on the other side of the
Administrative Boundary Lines.
63.
In Abkhazia, the continued absence of a sustainable solution to questions related to
personal documents has resulted in infringements on the right to property, as the “foreign
residence permit” does not confer the right to property. The Government of Georgia
stressed that once the initiative introduced in Abkhazia in 2019 39 had entered into force, it
would deprive the relatives of those who had fought on the Georgian side during the past
conflicts of the right to claim property.
64.
The practice of demolishing property belonging to internally displaced persons and
building landfills on the site of demolished houses reportedly continued in the Akhalgori
district of South Ossetia. In its submission to OHCHR, the Government of Georgia
expressed concerns over public statements by representatives of South Ossetia in December
2019, and the plan of the “administration” of Akhalgori to distribute the flats belonging to
displaced persons to people in the region in need of housing.
7.
Gender-based violence
65.
According to UN-Women, sociocultural norms upholding gender inequality and
discrimination are the root causes of violence against women and girls, including domestic
violence, which remains a major concern in Abkhazia. The low participation of women in
decision-making processes, the high rate of gender-based crime and economic hardships
contribute to the vulnerability of women, which is further aggravated by the absence of
capacity to promote and protect their rights.
8.
Civil society
66.
Civil society in both Abkhazia and South Ossetia reported facing a continued
difficult operating environment, notably restrictions to freedom of expression and to the
rights to freedom of peaceful assembly and freedom of association. Civil society also
continued to face pressure, especially when participating in meetings involving
international organizations. Consequently, local activists often worked individually.
OHCHR was informed that the “criminal proceedings” against Tamar Mearakishvili were
still ongoing, and that she continued to face intimidation and restrictions to freedom of
movement in South Ossetia.40
9.
Accountability
67.
The International Criminal Court continued to investigate crimes allegedly
committed in the context of an international armed conflict between 1 July and 10 October
2008 in and around South Ossetia.41
68.
Regarding inter-State application No. 38263/08 submitted by the Government of
Georgia concerning the armed conflict in August 2008 and its aftermath, the decision of the
European Court of Human Rights remained pending at the time of finalization of the
39
40
41
14
A/HRC/42/34, para. 74.
Ms. Mearakishvili is an ethnic Georgian and civil society activist in Akhalgori who had been
cooperating with the international community and reporting on human rights violations. Since 2017,
she had been “unlawfully detained” and/or interrogated on several occasions and deprived of her
identity documents. Her case was mentioned in previous reports to the Human Rights Council;
see A/HRC/39/44, para. 85; and A/HRC/42/34, para. 78.
See www.icc-cpi.int/georgia.
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