24.03.2006 - Source: Institute for War and Peace Reporting

South Ossetia: Draft law on property restitution by authorities for people and refugees who lost property in the conflict 15 years ago; practical implementation of the law in question ("Property Restitution Deal for South Ossetia") [#47437],  [ID 5901]

Document(s): Open document

07.03.2006 - Source: Civil Georgia

Minister for Refugees Giorgi Kheviashvili announces registration of property owned by Georgian internally displaced persons in Abkhazia and South Ossetia; he calls on leadership of breakaway regions to cooperate in process ("Tbilisi Registers IDPs’ Property in Abkhazia, South Ossetia") [#46274],  [ID 5902]

Document(s): Open document

06.02.2006 - Source: Council of Europe - Parliamentary Assembly

12,131 persons are displaced from South Ossetia; Georgians who left South Ossetia can restore their ownership rights over their former housing in court; programmes encouraging ethnic Ossetians to return to Georgia proper are developed; in their case, court litigation for property rights is less successful ("Refugees and displaced persons in Armenia, Azerbaijan and Georgia [Doc. 10835]") [#43664],  [ID 5903]

"9. The number of persons displaced from the former autonomous oblast of South Ossetia is put at 12,131; the same remark may be made about their distribution between the regions of Georgia, with very high densities in Tbilisi and Kartli. The Georgian legislation in force since 1998 does not take account of citizenship in determining a displaced person’s status. Any person forced to leave his or her home for a number of reasons and who moves within the territory of the country is eligible for displaced person status, granted by the Ministry of Refugees and Settlement. [...]
As a result of the conflict in South Ossetia, both ethnic Georgians have been forced to leave the territory of South Ossetia, and persons of Ossetian origin, who left different regions of Georgia proper for South Ossetia, and, in many cases, also for North Ossetia in the Russian Federation. It should be mentioned that the Georgian government undertakes efforts to ensure both return of ethnic Georgians to South Ossetia, and of the persons of Ossetian origin – to places of their former residence in other regions of Georgia. [...]
40. Although the conflict in South Ossetia is in general of lower intensity, so far only some spontaneous returns of ethnic Georgians into South Ossetia appeared possible. NGOs mentioned approximate figure of some 50-70 families, most of them mixed (in these cases ethnic Ossetian relatives play a role of guarantors for the Georgian returnees’ security). Ethnic Georgians who left South Ossetia often can restore their ownership rights over their former housing in court (however, only in cases when their property was occupied by another dweller without proper administrative decree). Usually these apartments are sold immediately after re-gaining, and thus these displaced persons in fact lose a chance to return some day – however, the acquired money could facilitates integration in their new places of residence. Although some litigation has taken place also in respect of restoring property rights of ethnic Ossetians who left Georgia proper, much lesser number of positive court verdicts was registered here. In the meantime, the government consistently develops programmes aimed at encouraging return of ethnic Ossetians into Georgia proper, and is proud of the fact that returns have continued even when the tensions increased. Mrs Zinaida Bestaeva, an Ossetian returnee, currently occupies the position of the State minister on national minorities in the government. So far the policies of encouraging return of ethnic Ossetians has both successes and failures. For example, we were told by NGOs about the case when 25 Ossetian families returned to Bakuriani, received compensations and renovated their houses, but some of them had to leave again because of lack of social infrastructure. Nevertheless, the Georgian authorities are determined to continue and improve the strategy of facilitating return of Ossetians."

Document(s): Open document

31.12.2005 - Source: ReliefWeb

The Representative of UN Secretary-General on the Human Rights of Internally Displaced Persons noted that in South Ossetia lack of property restitution, poor living conditions and low level of international assistance are major problems ("Georgia: Humanitarian and development update Dec 2005 (UN Country Team in Georgia)") [#42042],  [ID 5904]

"The Representative of the Secretary-General of the United Nations on the Human Rights of Internally Displaced Persons, Mr. Walter Kälin completed an official mission to Georgia which took place from 21 to 24 December 2005 […]
In South Ossetia, the Representative noted that some returns as well as efforts to locally integrate IDPs had been possible. He noted, however, the deplorable living conditions of many IDPs and returnees in the region, as well as the comparatively lower level of international assistance. The Representative stressed that in addition to fears of displaced Ossetians regarding their safety in areas of origin and instances of discrimination, the lack of property restitution is the major reason why persons who fled to South Ossetia do not return. He urged the Government and Parliament of Georgia to pass, in accordance with relevant international standards, envisaged legislation on the rehabilitation and restitution of property of conflict victims, and to implement it without further delay."

Document(s): Open document

10.2005 - Source: UK Home Office

South Ossetia: IDPs from South Ossetia still amount to 12,200; during 2004 South Ossetian separatists continued to obstruct repatriation of ethnic Georgians to South Ossetia ("Operation Guidance Note: Georgia") [#39388],  [ID 5905]

"3.6.2 Treatment. The 1992 ethnic conflict in South Ossetia created tens of thousands of IDPs and refugees. In 1997, the UNHCR began a programme to return IDPs and refugees; however, both sides created obstacles that slowed the return. During 2004, the South Ossetian separatists continued to obstruct the repatriation of ethnic Georgians to South Ossetia, although some families returned. The Government recognised the right of Ossetian refugees to return to their homes but was unable to facilitate returns, due to its limited authority in South Ossetia. Government opposition to the return of illegally occupied homes has prevented the return of Ossetian refugees to Georgia proper. Approximately 2,700 persons continued to be displaced as a result of hostilities at the end of 2004.
3.6.3 In August 2004, fighting flared up in South Ossetia and several civilians and soldiers died on both sides of the conflict. […]
3.6.4 The internal conflicts in Abkhazia and South Ossetia remain unresolved and although ceasefires were in effect in both areas, sporadic incidents of violence occurred in Abkhazia, the neighbouring region of Samegrelo, and South Ossetia. These conflicts and the problems associated with approximately 230,000 IDPs from Abkhazia, 12,200 from South Ossetia, and 2,600 refugees from Chechnya pose a continued threat to national stability. In spite of these considerable numbers of IDPs from the separatist regions, there is no evidence that ordinary South Ossetians or Abkhazians are discriminated against or ill-treated by either state or non-state agents in other regions of Georgia."

Document(s): Open document

17.06.2005 - Source: International Committee of the Red Cross

Many families are still without news of relatives who went missing in South Ossetia ("ICRC annual report 2004") [#34928],  [ID 5906]

"Civilians
Encouraging dialogue on the issue of missing persons

Many families were still without news of some 2,000 relatives who went missing during the 1992-93 armed conflict in Abkhazia, and around 100 who went missing in South Ossetia.
[...]"

Document(s): Open document

15.01.2004 - Source: ReliefWeb

South-Ossetia: Report on the politicial, social and security situation as well as on the situation of returnees ("South Ossetia Briefing Note Jan 2004 (UN OCHA)") [#18753],  [ID 5907]

Document(s): Open document

31.03.2003 - Source: US Department of State

The South Ossetian separatists continued to obstruct the repatriation of ethnic Georgians to South Ossetia ("Country Reports on Human Rights Practices - 2002") [#11848],  [ID 5908]

"The 1992 ethnic conflict in South Ossetia also created tens of thousands of IDPs and refugees. In 1997 the UNHCR began a program to return IDPs and refugees; however, both sides created obstacles that slowed the return. During the year, the South Ossetian separatists continued to obstruct the repatriation of ethnic Georgians to South Ossetia, although some families returned. Meanwhile, South Ossetia continued to press for the return of all Ossetian refugees to South Ossetia rather than to their original homes in other regions of the country. The Government publicly has recognized the right of Ossetian refugees to return to their homes in the country but has taken little facilitative action. Opposition by government authorities to the return of illegally occupied homes has prevented the return of Ossetian refugees to Georgia proper."

Document(s): Open document

04.06.2002 - Source: Council of Europe - Parliamentary Assembly

Council of Europe: Poor economy and precarious security situation explain the insignificant level of return movements ("Situation of refugees and displaced persons in Armenia, Azerbaijan and Georgia [Doc. 9480]") [#7836],  [ID 5909]

"81. Although of a smaller scale, internal displacement from and within South Ossetia (also referred as the Tskhinvali region) has not proved easier to solve. The war in 1991-1992 displaced up to 30 000 ethnic Georgians from the area and pushed 37 000 ethnic Ossetians to North Ossetia in the Russian federation[9].

82. Under the auspices of the OSCE and UNHCR, an agreement was reached regarding the return of refugees and internally displaced persons in 1997. Since then the authorities in South Ossetia and in Georgia have done little to facilitate the return of ethnic Georgians to South Ossetia or ethnic Ossets to Georgia. The poor economy in South Ossetia and lack of will to enforce property rights in South Ossetia or elsewhere in Georgia explain the insignificant level of return movements so far. The absence of political will to return has discouraged donors from supporting development and transitional assistance programmes while funding for humanitarian assistance is decreasing.

83. With respect to security conditions, though active hostilities have long since ended and the ceasefire continues to hold, security incidents of a criminal nature pose risks to returnees, the local population and international personnel. Ethnically targeted incidents of harassment and violence were reported and are a particular risk in ethnically mixed villages, to which returns have begun.

84. The presence of UNHCR in the region (since 1997) was widely regarded, by returnee communities, the local population, the authorities and international personnel alike, as having made a major contribution to the security of returnees and the population at large, as well as to a general climate of reconciliation and confidence building.

85. The Georgian and South Ossetian sides have achieved substantial agreements on joint action against criminality. A joint Law Enforcement Coordination Body was formed in February 2000 with a Peacekeeping Force, South Ossetian, and local Georgian law enforcement authorities participating.

86. In addition to protection and physical security, repair and restitution of property is another prerequisite for return. UNHCR has been repairing or rehabilitating shelters for returnees since 1997 (more than I 000 shelters). However, UNHCR and NRC have scaled back their shelter rehabilitation

87. On the other hand, the local authorities in Georgia have not enforced the property rights of ethnic Osset potential returnees currently displaced in South Ossetia and refugees in North Ossetia whose pre-war place of residence was in Georgia proper. One of the major obstacles to their return is the issue of property restitution. It is reported that legal claims by returnees to their homes and property are usually denied and even when they are successful in obtaining a judicial eviction order, it is frequently not implemented by local officials. According to estimations, the property rights of as many as 60 000 - 80 000 persons could have been violated."

Document(s): Open document

06.2002 - Source: US Committee for Refugees and Immigrants

US Committee for Refugees: Only few refugees returned home ("World Refugee Survey 2002 - Georgia") [#10678],  [ID 5910]

"Ethnic conflict in South Ossetia during 1991 and 1992 also produced tens of thousands of refugees and internally displaced persons. Although Georgians and South Ossetians have committed themselves to facilitating the return of refugees and displaced persons, in practice, both sides have created obstacles to return, which remained in place in 2001. While no new displacement occurred in 2001, few displaced persons returned home. Between 1997 and the end of 2001, fewer than 400 Ossetian refugee families (about 1,400 people) repatriated from Russia’s North Ossetia to South Ossetia. Of these, 25 families returned during the year (down from 59 families in 2000, and 239 families in 1999).

During the year, South Ossetian separatists did little to support the return of internally displaced ethnic Georgians to South Ossetia, and no progress was made either toward resolving the underlying conflict or restoring the property rights of displaced persons. Consequently, not only did few ethnic Georgians return to South Ossetia during the year, but some displaced people who had previously returned to their homes fled again in 2001 to their previous places of temporary refuge.

The Georgian government, in turn, did not implement proactive measures to help ethnic Ossetians return to their homes in other areas of Georgia. Local officials generally did not evict illegal squatters who had taken over apartments of ethnic Ossetian refugees and displaced persons.

Assistance and Solutions for the Internally Displaced While the report by the UN secretary general’s representative on internally displaced persons called for addressing the root causes of internal displacement in Georgia and emphasized return, the report also noted the “politicization of the plight of internally displaced persons” in Georgia, and called for recognition of the right of the displaced “to pursue alternatives to return, that is, resettlement in another part of the country.”"

Document(s): Open document

05.03.2002 - Source: Schweizerische Flüchtlingshilfe

SFH: Refugees from South-Ossetia are deprived of returning ("Lageanalyse Februar 2002") [#8057],  [ID 5911]

"Eine Rückwanderungswelle nach Süd-Ossetien bleibt weitgehend aus, da sowohl die ossetische,
als auch die georgische Seite eine solche behindern. Die Ossetien-Flüchtlinge haben
– aus russischer Sicht – eine geringere Bedeutung als diejenigen aus Abchasien, da
hier Russland weniger interessiert zu sein scheint. Es findet ein normaler wirtschaftlicher
Austausch mit Georgien statt."

Document(s): Open document

13.09.2001 - Source: Council of Europe - Parliamentary Assembly

Council of Europe: 4 000 to 5 000 refugees were allowed to return from Russia ("Honouring of obligations and commitments by Georgia [Doc. 9191]") [#10653],  [ID 5913]

"153. As regards the situation of refugees and internally displaced persons who were forced to abandon their homes during the 1990-1994 conflicts in Abkhazia and South Ossetia, Georgia undertook upon its accession

“to take the necessary legislative measures within two years after its accession and administrative measures within three years after its accession in order to permit the restitution of ownership and tenancy rights or the payment of compensation for the property lost by [these] people…”

154. In respect of the return of refugees to South Ossetia, there is satisfaction at the South Ossetian side since 4 000 to 5 000 refugees were allowed to return from Russia. But only 25 families have returned to the areas controlled by the central Georgian Government."

Document(s): Open document

13.09.2001 - Source: Council of Europe - Parliamentary Assembly

Council of Europe: Living conditions of IDPs from South Ossetia and Abkhazia in Tbilisi ("Honouring of obligations and commitments by Georgia [Doc. 9191]") [#10653],  [ID 5914]

"156. During our second visit to Georgia, in November 2000, we visited IDPs from South Ossetia accommodated in the Abkhazi Hotel and IDPS from Abkhazia accommodated in the Iberia Hotel in Tbilisi. Their living conditions are difficult to describe: a whole family and often three generations have to live together in very small rooms. This situation has been the same for seven years with no perspectives of improvement in the near future. We share the impressions of the Council of Europe Commissioner on Human Rights, which were also confirmed by hints from Georgian officials, that IDPs have become hostages of the situation, in the sense that Georgia is concerned that improving the living conditions and human rights of the IDPs might lead to a decrease of the international pressure on the Abkhazi people, acceptance of the present status and, finally, the loss of the opportunity for the IDPs to return home."

Document(s): Open document

07.2001 - Source: Caucasus Institute for Peace, Democracy and Development

Caucasian Institute for Peace, Democracy and Development: Problem of property restitution ("Georgia's Membership in the Council of Europe, Achievements and Failures") [#10549],  [ID 5915]

"The problem of property restitution for IDPs and refugees was mainly linked to resolving the 1990-93
conflict in South Ossetia. As a result of the conflict, most ethnic Georgians residing in South Ossetia fled to
other parts of Georgia, while most Ossetians that had resided in inner regions of Georgia proper fled outside the
country, mainly to the North-Ossetian Republic in Russian Federation. The process of post-conflict
reconciliation in the case of South Ossetia was relatively more successful than in Abkhazia, so that by late 90s,
the return of IDPs and refugees seemed to have become a realistic option. Such return, however, needed legal
base to regulate issues of property restitution. One of Georgia’s commitments linked to accession to the CoE
was to develop legislation creating such conditions.
In the end of 1998, UNHCR commissioned the Georgian Young Lawyer’s Association (GYLA) to
draft a law On Restitution of the Property and Residence Rights of Victims of the Georgian-Ossetian Conflict.
In early 1999, after going through two international expert evaluations, it was submitted to UNHCR. The main
idea of the draft consisted of creating a by-partisan Georgian-Ossetian commission that would work on
problems of restitution. This draft was criticized by the office of President’s Personal Representative on State
Security, Political Problems and Conflict Resolution, Irakli Matchavariani, that is closely involved in problems
of the South Ossetian conflict. The office created its own draft that provided for the creation of the commission
by the Georgian government.
In February 2001, the Georgian delegation including government and NGO representatives (Irakli
Matchavariani, Irakli Antadze, Kote Kublashvili and Zurab Burduli) visited CoE to discuss and evaluate the
draft law prepared by the Office of President’s Personal Representative on State Security, Political Problems
and Conflict Resolution. Presently the Office works to incorporate recommendations of the CoE experts. This
work is expected to be complete by September. In accordance with Articles 1 and 4 of the First Protocol of the
ECHR it is planned to territorially limit the area of jurisdiction of this law and than extend its scope eventually.
Namely, on the first stage the law shall operate only on the part of the Georgian territory that is under effective
control of the Georgian government. Only after the conflict is resolved should the operation of the law extend to
those parts of Georgia that are currently under control of secessionist governments. It is expected that the draft
will be submitted to Parliament in 2002."

Document(s): cipdd-geo.pdf

01.12.2000 - Source: Danish Immigration Service

Danish Immigration Service: Problems regarding the repatriation of internally displaced persons ("Report on roving attaché mission to Georgia") [#6081],  [ID 5912]

"The UNHCR estimates that 60 000 people, of whom 10 000 were Georgians and the remainder Ossetians, fled during the conflict in 1992. They fled south from South Ossetia into Georgia, from Georgia and South Ossetia to South Ossetia and North Ossetia, and within South Ossetia from the villages into the capital Tskhinvali. It is currently estimated that there are still 30 000 refugees and internally displaced persons. The UNHCR believes that about 10 000 Georgians fled to Georgia. Internally displaced Georgians from South Ossetia live in the same conditions as internally displaced Georgians from Abkhazia. In the last three years, about 6 000 people have been repatriated to Georgia, South Ossetia and internally within South Ossetia with the assistance of the UNHCR.

Despite the agreements which have been concluded, the Foreign Minister said that the repatriation was still slow. The Norwegian Refugee Council described the repatriation of refugees from North Ossetia as modest, as such refugees preferred to stay in North Ossetia, where the social and employment situation was better than in South Ossetia. Also, refugees in North Ossetia were able to obtain Russian citizenship. It does happen that South Ossetians being repatriated to South Ossetia have Russian citizenship. Only very few Georgians are repatriated to South Ossetia, as the Georgians do not want to return, as they do not feel confident in the security situation. There are also problems in repossessing homes and properties which were left when people fled and which are often now occupied by Ossetians. The Foreign Minister confirmed this and added that the rehousing of the families which occupied the abandoned houses is slowing down the entire repatriation process. The UNHCR added that negotiations are under way between the parties about regularising ownership of the abandoned properties.

The Foreign Minister said that 170 towns and villages had been destroyed during the conflict. The Norwegian Refugee Council and the UNHCR are working together on a shelter programme, which includes the repair and reconstruction of houses to rehouse the refugees, but also housing for vulnerable elderly people and families with children. To date, 113 houses have been constructed. The Norwegian Refugee Council is responsible for the technical work, and the UNHCR is responsible for the legal side. The Council's work with the authorities is therefore limited but otherwise good. There are several humanitarian organisations in the area such as Médecins sans Frontières and the International Committee of the Red Cross."

Document(s): Open document