A/HRC/45/54
38.
During the reporting period, the secretariat of the Council of Europe did not obtain
authorization to visit Abkhazia and South Ossetia for the preparation of its consolidated
reports of the Secretary-General of the Council of Europe on Georgia. Meanwhile, the
secretariat and experts of the Council of Europe continued to have access to Abkhazia to
implement confidence-building measures, but not to South Ossetia. 30
39.
No progress was reported in relation to amendments to Georgia’s Law on Occupied
Territories, despite the continued plea from international interlocutors for the relaxation of
its provisions, with a view to allowing a more direct, unhindered and effective operational
access for international and local organizations to Abkhazia and South Ossetia. 31
B.
Main human rights issues in and around Abkhazia and South Ossetia
40.
Independently of questions regarding the status of these territories and their entities,
the authorities in control in Abkhazia and South Ossetia are responsible for protecting the
human rights of all people residing under their control as well as for addressing any conduct
that violates their human rights. The international human rights framework and standards,
as underscored in the first report of the High Commissioner on cooperation with Georgia,
remain valid.32 Information received by OHCHR continued to point to activities of civil
society and of local mechanisms of relevance for human rights protection in Abkhazia and
South Ossetia. OHCHR encourages them to assume an active role in promoting and
protecting human rights in these regions.
41.
The 2017 report by Thomas Hammarberg and Magdalena Grono remains the latest
reliable reference on human rights in Abkhazia. 33 OHCHR continues to encourage the
implementation of their recommendations, and highlights the need to provide an updated
independent and comprehensive assessment of the situation in view of new developments
over the past three years, including in relation to COVID-19. In its submission, the
Argentine ombudsman’s office (an “A” status national human rights institution) underlined
the importance of promoting measures in Abkhazia in line with the above-mentioned report
of 2017. OHCHR reiterates the need for a similar independent human rights assessment of
the situation in South Ossetia and remains available to support such a process.
42.
OHCHR received reports indicating persistent human rights challenges throughout
the reporting period in Abkhazia, South Ossetia, and adjacent areas. These included
allegations of human rights violations resulting from discrimination based on ethnic
grounds, particularly affecting ethnic Georgians, such as restrictions on freedom of
movement, access to personal documentation and the rights to education and property. In
the absence of access to Abkhazia and South Ossetia, the challenge of COVID-19 has
heightened concerns about the human rights and humanitarian situations in both regions,
although authorities in control in these regions reported a low number of infections.
43.
The continued absence of political solutions, slow progress in confidence-building
and growing restrictions on freedom of movement have exacerbated the isolation and
vulnerability of the populations in these regions. OHCHR echoes the recommendation
made by credible experts that some human rights issues could be addressed before a
comprehensive political agreement is reached.34
1.
Right to life
44.
According to information available, no one has been held accountable for the four
cases of arbitrary deprivation of life that occurred between 2014 and 2019 in Abkhazia and
30
31
32
33
34
10
Council of Europe consolidated reports on the conflict in Georgia: SG/Inf(2019)32, paras. 5 and 68;
and SG/Inf(2020)10, paras. 5 and 67.
Council of Europe consolidated reports on the conflict in Georgia: SG/Inf(2019)32, para. 26;
and SG/Inf(2020)10, para. 24.
A/HRC/36/65, in particular paras. 46, 48, 51, 61, 66–67, 71–72 and 80.
Thomas Hammarberg and Magdalena Grono, Human Rights in Abkhazia Today (Stockholm, Olof
Palme International Center, July 2017).
Ibid., p. 76.
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