Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Geographic Distribution

In correspondence with the Research Directorate, a professor emeritus with the Department of the Languages and Cultures of the Near and Middle East with the School of Oriental and African Studies (SOAS) at the University of London, who specialises in languages and ethnic relations in the Caucasus, stated that the Ossetians are descendants of “an amalgamation of nomadic Iranian-speaking peoples.” and that their language “belongs to the Iranian branch of the Indo-European language-family” (Professor Emeritus 28 June 2016). Minority Rights Group International (MRG) describes Ossetians as the “most Georgianized of the republic’s minorities in linguistic terms” (MRG n.d.). Sources indicate that the majority of ethnic Ossetians are Orthodox Christian, though a small minority are Muslim (ibid.; MAR n.d.a).

Sources cite the 2002 Georgian census as reporting that there are approximately 38,000 Ossetians living in Georgia, excluding South Ossetia (Georgia n.d.; MRG n.d.; ECMI Sept. 2009, 6). According to a 2008-2009 study[1] of Ossetians in Georgia conducted by the European Centre for Minority Issues, which provides research and advisory services on minority issues in Europe (ibid. n.d.), the Ossetian population in 2002 was spread across “132 villages in seven regions of Georgia (Shida Kartli, Kakheti, Samtskhe-Javakheti, Mtskheta-Mtianeti, Kvemo Kartli, Imereti, [and] Racha-Lechkhumi),” with the “main concentrations of Ossetians … in Shida Kartli, Kakheti and Mtskheta-Mtianeti” (ibid. Sept. 2009, 6). According to an assessment by Minorities at Risk, a project run by the University of Maryland that “monitors and analyzes the status and conflicts of politically-active communal groups” (MAR n.d.b), “approximately 55 percent of all Georgian Ossetians live in the de facto autonomous region of South Ossetia … with the rest dispersed in various cities and towns within the rest of Georgia” (ibid. n.d.a).

In correspondence with the Research Directorate, a representative from the Human Rights Center (HRIDC), formally known as the Human Rights Information and Documentation Center, an NGO that is “dedicated to [the] protection and promotion of human rights, rule of law and peace in Georgia” (HRIDC n.d.), stated that due to the armed conflicts in the 1990s, and particularly, the conflict in 2008 [2], the “number of ethnic Ossetians residing in the Georgian authority controlled territory has reduced” and that they have typically relocated to the North Ossetia region in the Russian Federation (ibid. 27 June 2016). According to the Professor Emeritus, the 2014 Georgian census showed a reduction in Ossetians living in Georgia-proper, with a total population of “14,452, forming just 0.4% of the population” of Georgia (Professor Emeritus 28 June 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. For further information on village and town-level demographics of Ossetians, see Annex 1 of the ECMI report, attached to this Response.

2. Treatment of Ossetians

Without specifying whether Ossetians have been targeted, the US Department of State’s Country Reports on Human Rights Practices for 2015 indicates that the “Georgian Public Defender’s Office and NGOs reported some instances of discrimination against minority communities” in 2015 (US 13 Apr. 2016, 42). Also without specifying whether Ossetians have been targeted, the Organisation for Security and Cooperation in Europe (OSCE) reports that in 2014, there were 19 hate crimes reported by police in Georgia (OSCE n.d.).

According to the ECMI report, since the Soviet period, “Ossetians have been generally better integrated into Georgian society than any other ethnic group” (ECMI Sept. 2009, 9). The source further states that over the course of their research in 2009, “in no cases could [they] find evidence of discrimination” and that there have been no “significant changes observed” in interethnic relations since the 2008 war, and Georgian-Ossetian relations are “as peaceful and friendly as they used to be” (ibid., 14). The Professor Emeritus also stated that “if a non-[Georgian] resident of Georgia proper (such as an Ossetian)” keeps a “low profile … without attracting attention by engaging in activities seen as endangering what remains of the Georgian state, it is unlikely that there will be negative consequences” (Professor Emeritus 28 June 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the ECMI report, “no cases of mass outflow of Ossetians from Georgia or specific incidences of oppression in the aftermath of the conflict have been observed, though there have been several cases of resettlement to North Ossetia unconnected to the hostilities” (Sept. 2009, 17). In contrast, without providing further detail, the HRIDC representative stated that the main cause of migration for Ossetians has been “unpleasant, and sometimes hostile attitudes of the Georgian population towards ethnic Ossetians, particularly [since the] August 2008 war” (HRIDC 27 June 2016). The same source further indicated that they have heard reports "from ethnic Ossetians that neighbors abuse and discriminate against them on ethnic grounds” and “hate speech” against Ossetians is “widely spread among the general population,” particularly within “social networks” and the media (ibid.). Without identifying Ossetians specifically, Country Reports 2015 states that while “NGOs did not observe major patterns of violence against national, racial, or ethnic minorities,” there were “numerous cases of hate speech targeting minority groups" reported in print and televised media, including “hate speech inciting violence against LGBTI minorities, 200 cases of ‘Islamophobic’ or ‘Turkophobic’ and 36 cases of ‘Armenophobic’ Statements” (US 13 Apr. 2016, 43). The same source further states that “[w]eak Georgian-language skills were the main impediment to integration” for minorities in Georgia, “although political, civic, economic, and cultural obstacles to integration also remained” (ibid.).

2.1 Treatment by Authorities

A 2009 report by the Irish Refugee Documentation Centre cited two Georgian media sources, the newspaper Rezonansi and news agency Kavkas-Press, as reporting that Georgian authorities denied that there were any cases of discrimination or violence against Ossetians in Georgia-proper (Ireland 28 Aug. 2009). An April 2009 report on the situation in Georgia by the Council of Europe states that

[a]ccording to a report by Memorial, the de facto migration service in South Ossetia has registered 35 IDPs from other parts of Georgia. Based on interviews with those IDPs, the experts concluded that there was no indication of any kind of organised anti-Ossetian campaign in Georgia. Nevertheless, an increase in expressions of anti-Ossetian and anti-Russian sentiments following the hostilities, fear of a possible worsening of the situation and memories of events in the past did apparently contribute to the decision taken by some families to leave their current places of residence and relocate elsewhere. (Council of Europe 16 Apr. 2009, para. 35)

The HRIDC representative noted that their organization is unaware of cases of “the present Georgian authority or any governmental officials discriminating or abusing ethnic Ossetians” (HRIDC 27 June 2016).

Information on instances of violence or discrimination by authorities targeting Ossetians could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. State Protection

Information on state protection available to Ossetians in Georgia was scarce among the sources consulted by the Research Directorate within the time constraints of this Response. Sources state that the Georgian Criminal Code declares “discriminatory motive” (TI 23 Jan. 2015) or “racist motivation” as an "aggravating circumstance" (EU 1 Mar. 2016). Article 53 of the Criminal Code of Georgia provides the following:

Article 53. General Principles for Sentencing 

3. When awarding a sentence, the court shall take into consideration the extenuating and aggravating circumstances of the crime, in particular, the motive and purpose of the crime, illegal will demonstrated in the action, character and extent of breach of obligations, manner of implementing the action, method employed and illegal consequence, past life of the criminal, his/her personal and economic conditions, behaviour after the action, especially willingness to effect restitution, reconcile with the victim.

3¹. Commitment of crime based on the race, color, language, sex, sexual orientation, gender identity, age, religion, political or other opinion, disability, citizenship, nationality, ethnic or social belonging, origin, material or social status, place of residence or with other intolerance motives including the other signs of discrimination, are aggravating circumstances of the liability for all the crimes under this Code. (Georgia 2012)

According to the OSCE, of the 19 hate crimes reported by police in 2014, 7 were prosecuted and 8 were sentenced (OSCE n.d.). The same source further reports that in 2012, 5 of the 13 reported hate crimes were prosecuted; in 2011, 1 of the 19 were prosecuted; and in both 2009 and 2010, 11 of the 41 reported hate crimes were prosecuted (ibid.). Information on the sentencing rate for hate crimes for the years 2009-2013 are unavailable (ibid.). Information on whether any of these cases involved Ossetians could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the HRIDC representative, when seeking redress for real or perceived discrimination or instances of violence, Ossetians “mostly apply to the Public Defender’s Office,” and “human rights NGOs (whom they trust)” (HRIDC 27 June 2016). The same source further gave the view that these mechanisms are “mostly effective” (ibid.). The Professor Emeritus expressed the opinion that should an Ossetian resident of Georgia seek redress through "law-enforcement agencies or the judiciary, especially if the issue involves an Ossetian-Georgian dispute," they would not expect the claimant to receive "a totally unbiased response" (Professor emeritus 28 June 2016). Other sources state that state responses to hate crimes are insufficient (EU 1 Mar. 2016; TI 23 Jan. 2015). Transparency International (TI) notes that “law enforcement agencies are passive in response to reported crimes and take little action in restoring the rights of the violated minority, or in implementing preventative measures” (ibid.). For further information on the Public Defender’s Office, as well as the police in Georgia, including response to complaints and recourse for failure to investigate a complaint, see Response to Information Request GEO105102 of March 2015.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The purpose of the study was to assess the situation of ethnic Ossetians in Georgia-proper in the aftermath of the 2008 conflict (ECMI Sept. 2009, 4). Research was conducted in “all regions populated by Ossetians, including purely Ossetian villages, mixed population villages … and adjoining Georgian and Azeri villages,” for a total of 46 villages (ibid., 5). In addition, “a total of 250 persons were individually interviewed” for the study (ibid.).

[2] According to Country Reports 2008, in August 2008 Georgian forces launched “an attack to defend against what it reported was a Russian invasion” in Tskhinvali, the capital of “Georgia’s South Ossetian region, and [in] other areas of the seperatist region” (US 25 Feb. 2009). According to MRG, Russian forces provided support to “Ossetian militias” (n.d.).

References

Council of Europe (COE). 16 April 2009. Report on the Human Rights Situation in the Areas Affected by the Conflict in Georgia: First Report. (SG/Inf(2009)7) [Accessed 24 June 2016]

European Centre for Minority Issues (ECMI). September 2009. Giorgi Sordia. Ossetians in Georgia in the Wake of the 2008 War. [Accessed 20 June 2016]

European Centre for Minority Issues (ECMI). N.d. “The European Centre for Minority Issues (ECMI).” [Accessed 27 June 2016]

European Union (EU). 1 March 2016. European Commission Against Racism and Intolerance (ECRI). “Discrimination Against Religious Minorities and LGBT on the Rise, Law Enforcement Deficient in Georgia, Says Anti-Racism Commission of the Council of Europe.” [Accessed 24 June 2016]

Georgia. 2012. Criminal Code of Georgia. [Accessed 24 June 2016]

Georgia. N.d. “Occupied Territories of Georgia: Tkshinvali Region.” [Accessed 21 June 2016]

Human Rights Center (HRIDC). 27 June 2016. Correspondence from a representative to the Research Directorate.

Human Rights Center (HRIDC). N.d. “About Us.” [Accessed 27 June 2016]

Ireland. 28 August 2009. Refugee Documentation Centre. Information on Difficulties Facing Ossetians Living in Georgia. Information on Difficulties for People in Mixed Marriages (i.e. Georgian/Ossetian) and Their Children in Georgia and Ossetia. [Accessed 21 June 2016]

Minorities at Risk (MAR). N.d.a. University of Maryland. “Assessment for Ossetians (South) in Georgia.” [Accessed 21 June 2016]

Minorities at Risk (MAR). N.d.b. “The MAR Project.” [Accessed 27 June 2016]

Minority Rights Group International (MRG). N.d. “Georgia – Ossetians.” World Directory of Minorities and Indigenous Peoples. [Accessed 21 June 2016]

Organisation for Security and Cooperation in Europe (OSCE). N.d. “Georgia.” [Accessed 24 June 2016]

Professor Emeritus, Caucasian Languages, School of Oriental and African Studies, University of London. 28 June 2016. Correspondence with the Research Directorate.

Transparency International (TI). 23 January 2015. Transparency International Georgia. “Joint Statement of Civil Society and Media Organizations Regarding Bill on Incitement of Hatred.” [Accessed 23 June 2016]

United States (US). 13 April 2016. Department of State. “Georgia.” Country Reports on Human Rights Practices for 2015. [Accessed 21 June 2016]

United States (US). 24 February 2009. Department of State. “Georgia.” Country Reports on Human Rights Practices for 2008. [Accessed 29 June 2016]

Additional Sources Consulted

Oral sources: European Union - Monitoring Mission in Georgia.

Internet sites, including: Amnesty International; Civil.ge; ecoi.net; Eurasianet; European Union-Monitoring Mission in Georgia; Factiva; Freedom House; Human Rights Education and Monitoring Center; Human Rights Watch; Tolerance and Diversity Institute; United Nations – Refworld.

Attachment

European Centre for Minority Issues (ECMI). September 2009. Giorgi Sordia. “Annex 1.” Ossetians in Georgia in the Wake of the 2008 War. [Accessed 20 June 2016]