Law on Internally Displaced Persons-Persecuted (1996, updated 2001)
Law No. 335-II S
ON INTERNALLY DISPLACED PERSONS – PERSECUTED
Adopted – 28.06.1996
In force – 28.06.1996
Last Updated 18.12.2001
The Law of Georgia on Internally Displaced Persons – Persecuted (hereinafter referred to as the Law on IDPs) is based on the Constitution of Georgia, universally recognized principles of international law and Georgian legislation. It determines economic and social guarantees of IDPs and ensures protection and implementation of their rights and legal interests.
ARTICLE 1. IDP
1. Internally displaced person (IDP) is the citizen of Georgia or stateless person permanently residing in Georgia, who was forced to leave the place of his/her habitual residence and was displaced (within the territory of Georgia) as a result of threat to his/her or his/her family member’s life, health or freedom due to the aggression of foreign country, internal conflicts or mass violation of human rights.
ARTICLE 2. PROCEDURE FOR APPLYING FOR IDP STATUS
1. For acquiring IDP status, a person, who due to the reasons listed in article 1 of this law, leaves the place of his/her habitual residence, shall apply to the regional sub-department or regional (city) service of IDPs of local administrative body of the Ministry of Refugees and Accommodation at the address where s/he temporarily resides or intends to reside or to the diplomatic representation of Georgia (for registration) if s/he had to leave Georgian territory.
2. Regional sub-department or regional (city) service of IDPs of local administrative body of the Ministry of Refugees and Accommodation of Georgia shall, within 10 days from registering the application, determine whether the application on acquisition of IDP status is well-founded and shall file a petition at Ministry of Refugees and Accommodation concerning granting the IDP status to a person.
3. In case of mass and extreme displacement of the population, the regional sub-department or regional (city) service of IDPs of local administrative body of the Ministry of Refugees and Accommodation of Georgia shall, before granting a person IDP status according to the relevant procedure, immediately recognize him/her as an IDP on a temporary basis.
ARTICLE 3. RIGHTS AND OBLIGATIONS OF A PERSON APPLYING FOR RECOGNITION AS AN IDP
1. Person, applying for IDP status according to article 2 of this law, shall be provided referral for accommodation at the temporary place of residence. In addition, s/he may select place of temporary residence with his/her relative or friend in any region of Georgia.
2. A newly displaced person from the conflict zone, who received the above mentioned referral, is entitled to the one-time free public transportation to the place of temporary residence and luggage transportation.
3. A person, who due to the reasons mentioned in article 1 of this law, leaved the place of his/her habitual residence, before his/her recognition as a IDP is entitled to the privileges determined by the relevant bodies of the executive power based on the determined norms and procedures:
a) Live at the place of temporary residence and enjoy free access to public services according to the determined procedure and within the state standards;
b) Receive food products within quantity determined for IDPs;
c) Vulnerable IDP shall enjoy free medical treatment at the medical institutions according to the determined procedure and within the state standards. According to the same rule, all IDPs shall be entitled to emergency medical treatment within the state programs approved on a yearly basis;
d) Receive lump-sum financial and other governmental assistance
4. A person, applying for IDP status is obliged to:
a) Submit, to the relevant authorities, data necessary for consideration of the application according to the determined procedure;
b) Undergo medical examination upon requirement of the healthcare institutions.
5. Refusal of the regional sub-department or regional (city) service of IDPs of local administrative body of the Ministry of Refugees and Accommodation on registration of the application can be appealed against in court within one month upon receipt of the notification on refusal from the Ministry of Refugees and Accommodation.
ARTICLE 4. RULE OF RECOGNITION AS IDP
1. The Ministry of Refugees and Accommodation makes a decision on IDP status recognition within one moth from the day of filing an application and provides filling the family application form at place.
2. A recognized IDP is issued an ID card. The Ministry of Refugees and Accommodation of Georgia determines format of the card.
3. IDP ID card is valid together with the citizen’s identification document.
4. Refusal of the Ministry of Refugees and Accommodation on granting IDP status can be appealed against in court within one month according to the Georgian legislation.
5. The person applying for IDP status, before case discussion through the court proceedings, is entitled to rights determined in article 3 of this law and shall fulfill obligations respectively.
6. In case IDP leaves abroad, the Ministry of Refugees and Accommodation, upon his/her request, is obliged to issue certificate indicating that this person is internally displaced on the territory of Georgia.
7. IDP, in case of marriage, maintains IDP status. If one of the parents is an IDP, child born to him/her may be granted the status with the consent of both parents.
ARTICLE 5. ENSURING IDP RIGHTS AT THE PLACE OF TEMPORARY RESIDENCE
1. The amount of monthly financial allowance, food products and other assistance provided to an IDP is determined by the bodies of executive power.
2. The Ministry of Refugees and Accommodation together with the relevant bodies of executive power and local self-governance shall ensure implementation of IDP rights at the place of temporary residence, which:
a) In consideration of profession and qualification, assist IDPs in job placement;
b) During displacement provide lump sum and monthly allowance according to the procedure determined by the executive power;
c) Cost of medical treatment of vulnerable IDP at the medical institution shall be compensated by the state according to the determined procedure and within state standards and tariffs;
d) Ensure IDPs’ constitutional rights to education and free education at the schools at the expense of the state;
e) Decide issues of pension provision to IDPs;
f) Assist IDPs in solving social and communal issues;
g) Provide temporary residence and food products within amount determined in Georgia;
h) Exempt IDPs from paying land tax on agricultural land plots allocated to them for temporary use according to the applicable standards;
i) Participate in events on searching missing persons and graves of those killed or dead as a result of mass violation of human rights in the regions;
j) After elimination of reasons listed in article 1 of this law, assist IDPs in repatriation to the place of their habitual residence.
k) Provide temporary accommodation within Georgia and necessary first-aid assistance;
l) In case of death of an IDP, cover expenses incurred for burial from the local budget according to the place of temporary residence.
ARTICLE 6. SUSPENSION, TERMINATION, LOSS AND DEPRIVATION OF IDP STATUS
Adopted 18.12.2001
In force – 18.12.2001
Last Updated 18.12.2001
1. IDP status is suspended:
a) In case validity of documents submitted for recognition of a person as IDP is to be determined;
b) If IDP is simultaneously registered at several places.
2. IDP status is lost in case:
a) A person acquires citizenship of another country;
b) IDP leaves Georgia for permanent residence;
c) IDP permanently settles and registers in a region of Georgia where reasons listed in article 1 of this law do not exist;
d) Reasons listed in article 1 of this law cease to exist at the place of IDP’s place of habitual residence;
e) Of death.
3. IDP status is deprived if it is revealed that a person acquired the status by submitting false documents and information.
4. The Ministry of Refugees and Accommodation decides the issue of loss, suspension or deprivation of IDP status.
5. Dispute on loss, suspension or deprivation of IDP status is decided through the court proceedings.
ARTICLE 7. STATE GUARANTEES ON REHABILITATION OF IDP AT THE PLACE OF HABITUAL RESIDENCE
1. If an IDP, after elimination of reasons listed in article 1 of this law, returns to the place of habitual residence:
a) Bodies of executive power and local self-governance, including the Ministry of Refugees and Accommodation ensure implementation of constitutional rights IDPs are entitled to take measures to create necessary social and economic conditions for safety in places of IDP’s habitual residence; ensure return of the private property, including residential house and land attached to it of IDP and his/her decedents in the condition for the return moment; compensation of the inflicted damage, after determining its amount, shall be provided by the bodies of local self-governance according to the procedure determined by the authorities. Also, in case of restoration of apartments invalid for living purposes, a citizen shall be guaranteed the right to return there.
b) Relevant bodies of executive power shall determine the amount of inflicted damage and procedure for providing the compensation.
2. State provides IDP with the temporary place of residence.
3. Property disputes shall be resolved through the court proceedings. In addition, before restoration of Georgian jurisdiction over the entire territory of Georgia, IDPs shall not be evicted from collective centers, except in cases, when:
a) There is an agreement concluded with IDPs;
b) Alternative relevant living space, which does not deteriorate IDP’s living conditions, is provided;
c) Natural disasters or other events take place, envisaging certain compensation and are regulated by general procedure;
d) IDP occupied the space arbitrarily, through violation of law.
ARTICLE 8. RENDERING ASSISTANCE TO IDPs
1. The Ministry of Refugees and Accommodation together with the bodies of relevant executive authorities and local self-governance decides issues of granting IDP status, providing temporary living space, employment and social benefits.
2. The Ministry of Refugees and Accommodation coordinates activities of other ministries and agencies in the field of implementation of IDP rights.
ARTICLE 9. GUARANTEE OF IDP RIGHTS
1. IDP rights are protected by the State.
2. Illegal action of the authorities can be appealed against in the higher instance or court according to the procedure determined by the legislation.
3. Each IDP, during displacement, shall have continuous length of employment regardless of him/her being employed, if termination of his/her labor activities is caused by internal displacement.
ARTICLE 10. FINANCIAL SOURCES FOR IDP ASSISTANCE
1. IDP expenses to be born according to this law shall be covered from the state and local budgets.
2. Budgetary reserve funds, donations by natural and legal persons, assistance provided by the foreign states and international organizations are additional sources of funding.
ARTICLE 11. LIABILITY FOR VIOLATION OF THE LAW
Violation of the Law of Georgia on Internally Displaced Persons – Persecuted entails liability according to the procedure determined by the Georgian legislation.