A/HRC/39/44
actors in Abkhazia and South Ossetia. 19 According to information available to OHCHR,
some provisions of the law continue to have a complicating effect on the operational
environment, while the alternative proposals or mitigating solutions are considered
insufficient.20 The Council of Europe recalled in this regard that earlier draft amendments to
relevant legislation that were in line with the recommendations of the European
Commission for Democracy through Law were still pending before the parliament of
Georgia.21
C.
Situation of internally displaced persons and refugees
42.
In resolution 37/40 the Human Rights Council expressed concern that internally
displaced persons and refugees continued to be deprived of the right to return to their
homes in a safe and dignified manner. Pursuant to General Assembly resolution 71/290, the
Secretary-General prepared his annual report on the status of internally displaced persons
and refugees from Abkhazia and South Ossetia (A/72/847), covering the period from 1
April 2017 to 31 March 2018. The present report will therefore not address this subject.
D.
Human rights framework and key issues concerning Abkhazia and
South Ossetia
43.
The authorities in control in Abkhazia and South Ossetia are responsible for
upholding the fundamental freedoms and human rights of all people living under their
control because any conduct that affects the human rights of concerned individuals must be
addressed, regardless of questions related to the status of territories and entities. 22
44.
In the present section, the main human rights matters concerning Abkhazia and
South Ossetia during the reporting period are described. Due to the lack of access by
OHCHR, the content is based on information received by the Office and available in
credible open-source documents. The series of international human rights standards as
underscored in the first report of the High Commissioner on this subject continue to apply.23
45.
The report of Thomas Hammarberg and Magdalena Grono on human rights in
Abkhazia, published during the period under review, supplemented the information
available on human rights issues related to Abkhazia. There is no comparable independent
baseline assessment of the human rights situation in South Ossetia.
46.
In their report, Mr. Hammarberg and Ms. Grono provided an account of human
rights issues identified in Abkhazia and put forward recommendations to address various
shortcomings. The experts, as well as the European External Action Service in its
submission, noted the existence of local mechanisms of relevance for human rights
protection. Mr. Hammarberg and Ms. Grono also indicated that several existing human
rights problems “can be addressed, and even resolved, before a comprehensive political
agreement has been reached”.24
47.
During the reporting period, the absence of a political and legal solution,
compounded by the ensuing political divergences that inform various decisions and
practices, has continued to undermine the protection of human rights in Abkhazia and
South Ossetia and to adversely affect the local population.
19
20
21
22
23
24
See also A/HRC/36/65, para. 37.
See, inter alia, A/72/847, paras. 47−48.
See SG/Inf(2018)15, para. 26.
See also A/HRC/36/65, para. 40.
Ibid., in particular paras. 46, 48, 51, 61, 66, 67, 71, 72 and 80.
Hammarberg and Grono, p. 76.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents