A/HRC/36/65
Secretary-General on that topic. Therefore, the present report does not address that subject
in further detail.
D.
Human rights framework and key issues
40.
In its resolution 48/141, the General Assembly mandates the High Commissioner for
Human Rights “to promote and protect the effective enjoyment by all of all civil, cultural,
economic, political and social rights”. Regardless of questions related to status, it is vital to
focus on the underlying human rights issues and address any conduct that affects the human
rights of all individuals concerned. While some entities are not a party to international
human rights treaties, it has been stressed in various reports that these entities are obliged to
respect international human rights law when they exercise significant control over territory
and population and have an identifiable political structure. 19 Accordingly, the authorities in
control in Abkhazia and South Ossetia are responsible to uphold the fundamental freedoms
and human rights of all people living under their control.
41.
In its resolution 34/37, the General Assembly expresses “serious concern at the
human rights and humanitarian situation in those regions of Georgia”, such as “reported
kidnappings, arbitrary detention, interference with property rights, restrictions on access to
education in one’s native language, free movement and residence, as well as continued
discrimination on the grounds of ethnic origin in both regions”.
42.
The absence of a political solution continues to undermine the protection of human
rights in Abkhazia and South Ossetia. Pressing human rights issues are closely interlinked,
while decisions and practices that are often driven by political divergence affect a range of
human rights and freedoms.
43.
Restrictions to freedom of movement on the administrative boundary lines with
Abkhazia and South Ossetia remain among major concerns, and considerably hamper the
enjoyment of other rights and constrain confidence-building measures across the dividing
lines. Measures such as the closure of crossing points, the so-called “borderization”
process, and procedures applicable to access to and management of dividing lines and
adjacent areas are compounded by limited access to documents necessary to exercise civil,
cultural, economic, political and social rights without discrimination.
44.
Truth and accountability for past and more recent human rights violations, including
legacies of the 2008 conflict, remain to be addressed, particularly on the question of
missing persons, the rights of displaced people, issues related to access to and protection of
cultural heritage, and the right to education as a means to preserve identity, foster trust
among communities and build sustainable peace.
1.
Truth and accountability
45.
The International Criminal Court is currently investigating alleged crimes committed
in the context of an international armed conflict between 1 July and 10 October 2008, in
and around South Ossetia, which include crimes against humanity, namely murder, forcible
transfer of population and persecution, and war crimes, namely attacks against the civilian
population, wilful killing, intentionally directing attacks against peacekeepers, destruction
of property and pillaging. 20
2.
The right to life, and enforced disappearances
46.
Prompt, impartial and comprehensive investigations into violations of the right to
life are essential. Such grave incidents have been rare in the past few years, but it is critical
to ensure that there is no impunity, regardless of where they took place.
19
20
See E/CN.4/2005/7, para. 76; A/HRC/2/7, para. 19; A/HRC/8/17, para. 9; A/HRC/10/22, para. 22;
A/HRC/12/37, footnote 7; and A/HRC/25/21, para. 11.
See https://www.icc-cpi.int/georgia.
9
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