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Statement of Public Defender of Georgia regarding Eviction of Internally Displaced Persons

Number of internally displaced persons was evicted from places of their permanent residence in recent days. Public Defender understands the need to properly implement the Decree of the Georgian Government on “Adoption of the Action Plan for the Implementation of the State Strategy on IDPs during 2009-2012”, which considers finding durable housing solution for IDPs, however Public Defender refers to the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia with a recommendation to pay attention to some of the aspects of the eviction process.

It is obvious that the intensive eviction process increased the tension and dissatisfaction among the IDP community, which was followed by number of demonstrations. Public Defender expresses apprehension that Ministry’s policy may cause mistrust among IDP community, which in itself can lead to the future complications during the implementation of the Action Plan.

Office of Public Defender is following eviction process. During the monitoring of this process following problems were identified:

  1. Extremely limited timeframe – in most of the cases, IDPs are notified about the eviction 5 days prior. IDPs state that in majority of cases they were notified orally, without providing any written document and explanation. As a result, limited time does not allow them to properly vacate buildings from their property;
  2. Another problem in most of evicted buildings was related to the fact that different categories of IDP inhabited those buildings. According to the information provided by the Ministry, those buildings house IDPs from 2008 Russian-Georgian armed conflict who inhabited buildings temporarily, while waiting for the monetary compensation as an alternative to the cottages, also IDPs from private sector who were given permission from the Ministry to live there. According to the Georgian legislation all these category of IDPs are entitled to different type of legal guarantees.
  3. Lack of Information – mostly IDPs who are entitled to get alternative shelter are either not informed about possible alternatives or they are given general information about the geographic location. Due to the aforementioned, it is extremely difficult for IDPs to make informed choices.
  4. In those cases when IDPs are aware of the alternative housing, other problems appear. More specifically, alternative housing solution does not satisfy the minimum standards of living (e.g. eviction of IDPs from 2 Tvalchrelidze Str. and resettlement to Sakviri Street).
  5. According to the IDP community, eviction process is very insulting. There are cases of verbal as well as physical assault.

According to all above-mentioned and taking into consideration results of the monitoring undertaken by the Office of the Public Defender, I address the Minister with the following recommendation:

I consider that there is a need of more active communication/cooperation between IDPs and relevant state institutions.

IDPs should have correct and accurate information from the Ministry about planned activities that might affect them.

It is extremely important to give IDPs an opportunity to visit alternative housings so that they are in position to make a well- informed choice.

Before the allocation of the IDPs to the new housing, it is important that conditions of alternative housing are in line with the ‘Standards for Rehabilitation, Conversion or Construction Works for Durable Housing for IDPs’, adopted by the Steering committee.

Public Defender is planning to continue the monitoring of the ongoing evictions. Furthermore, Public Defender already addressed the Ministry and requested all the relevant information that is necessary for the further legal analysis of the existing situation.

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