A/HRC/39/44 Ochamchira. The authorities in control in South Ossetia reportedly introduced similar procedures related to entry and exit.33 62. Although the “foreign residence permits” were reportedly being issued to some extent in Gali and adjacent areas during the period under review, the vast majority of the population is reportedly reluctant to apply for such “permits”, for various reasons. In order to obtain one, the applicant reportedly has to accept the status of foreigner, which results in a situation where a part of the local population in Abkhazia is compelled to declare itself as “foreign” and to register as such despite the fact that they have resided in Abkhazia for many generations. The European External Action Service in its submission underlined that, above all, ethnic Georgians in Gali did not want to be considered as foreigners in their homeland. The strict eligibility requirements and the uncertainty over the possibility to enjoy political and property rights under these documents have also been reported as concerns by various sources, including in submissions to OHCHR. 63. According to various sources, in this context a significant number of the residents in Gali, Tkvarcheli and Ochamchira, and their children, do not possess necessary identity documents, which further affects their ability to cross the Administrative Boundary Line or access services in Abkhazia. Due to the above-mentioned reluctance as well as the reportedly slow process of issuance of the “foreign residence permit”, the authorities in control in Abkhazia continued to extend the validity of the “No. 9 forms”, temporary documents that allow residents to cross the Administrative Boundary Line. According to the submission of the European External Action Service, the authorities in control in Abkhazia have indicated that they are reviewing the so-called “Law on the Legal Status of Foreigners in Abkhazia” and the provisions on the “foreign residence permit”. 64. The Government of Georgia continues to consider the above-mentioned documents issued by the authorities in control in Abkhazia and South Ossetia as null and void. 65. The measures related to the so-called “borderization”, the limited availability of functioning crossing points and the lack of clarity over necessary identity documents have continued to exacerbate the isolation and vulnerability of the local population. The rights to education, health and property are particularly affected by these measures, as elaborated below. 66. In November 2017, the Public Defender of Georgia published a special report on the impact of the closure of crossing points on the rights of the population living along Abkhazia’s Administrative Boundary Line, which provides further details on the situation. 34 4. Deprivation of liberty and allegations of ill-treatment 67. OHCHR has continued to receive reports of cases of deprivation of liberty in connection with the crossing of the Administrative Boundary Lines, notably at what the authorities in control consider “unauthorized crossing points”. Many of the persons apprehended or detained in such cases are requested to pay considerable fines. In its submission to OHCHR, the Government of Georgia reported that between May 2017 and May 2018, it had registered 115 persons detained in South Ossetia and 47 in Abkhazia for so-called “illegal border crossing”. 68. The Public Defender of Georgia has qualified “infringement of freedom of movement and illegal detentions by the Russian Border Guards along the Administrative Boundary Lines” as “one of the key security challenges facing local communities on both sides” of the Administrative Boundary Lines. Her Office reported that in 2017, 514 residents had been detained along the South Ossetian Administrative Boundary Line and 1,000 along the Abkhazian Administrative Boundary Line. 33 34 12 See A/72/847, para. 29. Available at www.ombudsman.ge/en/reports/specialuri-angarishebi/special-report-of-the-publicdefender-of-georgia-on-the-impacts-of-the-closure-of-crossing-points-on-the-rights-of-thepopulation-living-along-abkhazias-administrative-boundary-line.page.

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