The Public Defender of Georgia addressed the Prime Minister of Georgia and the Chairman of the Parliament of Georgia to review the Law On Recognition and Social Protection Guarantees of the Victims of the Raid of the Peaceful Demonstration with the Request of the Independence of Georgia on April 9, 1989 in Tbilisi and to make appropriate changes in order to regulate the social protection guarantees.

The law on providing social protection guarantees to the victims of April 9, 1989 events was adopted by the Parliament of Georgia on April 30, 1999. The preamble of the law says that the Parliament of Georgia acknowledges that the victims of raid on the peaceful demonstration with the request of the independence of Georgia were fighting for national liberation, against Soviet regime and have greatly contributed to the independence of the Georgian state. Due to this reason the Parliament is paying them due tribute.

On December 23, 2006 changes were made to the mentioned law, announcing most of the social protection guarantees void as of enforcement of the Law of Georgia on Social Aid.

According to the adopted changes the victims of April 9 and their family members, in terms of social aid, would only retain state pension in the amount and according to the procedures prescribed by Law of Georgia on State Pension and other social guarantees envisaged by the Law of Georgia on Social Aid.

Therefore, in order to receive social aid the victims of the raid of April 9 peaceful demonstration or their family members have to either be a “person that requires special care” or belong to a “family below poverty line” or be “homeless” – as prescribed by the Law of Georgia on Social Aid.

As a result of changes in legislation, social guarantees of the April 9 victims were diminished on such scale, that they were basically left with no social protection at all.

On August 11, 2006 the Public Defender has addressed the chairman of the Healthcare and Social Issues Committee of Parliament of Georgia with remarks and recommendation. The statement of the Public Defender negatively evaluated the mentioned legislative changes. This issue was also included in the Report on the State of Human Rights in Georgia in the first half of the year 2006.

Public Defender still shares the views reflected in the Report of 2006 and regards that this issue requires specific regulation.

It is noteworthy that the main purpose of adoption of the Law on Recognition and Social Protection Guarantees of the Victims of the of the Raid of the Peaceful Demonstration with the Request of the Independence of Georgia on April 9, 1989 in Tbilisi was recognition of the contribution of the victims of April 9 and paying them appropriate tribute, despite their social status.

Based on the all of the mentioned above, Public Defender regards that the Government of Georgia and the Parliament of Georgian should recognize and pay due tribute to contribution of the persons deceased and victimized as a result of April 9, 1989 events in the fight for national independence and to prepare appropriate legal changes for providing state pension