Recommendations

Recommendation to the Government of Georgia

Public Defender addressed the Government of Georgia with a recommendation regarding the problems of eco-migrants residing in village Alekseevka of Tetritskaro municipality.

On July 15 2013, residents of village Alekseevka, situated in Tetritskaro municipality addressed Public Defender with a request to help them solve the problems they are currently facing.

Representatives of Public Defender examined the situation at site and discovered that village Alekseevka of Tetritskaro municipality it populated by individuals affected by natural disasters and persons internally displaced from the occupied territories of Georgia. Some of the residents have purchased houses with government aid and also own surrounding plots of land (approximately 3000m2s per resident).

The main occupation of the village Alekseevka population is livestock farming. That is also the main source of their income. There is a plot of land adjacent to the village that the population had been using for years as their livestock pasture and grasslands.

Unfortunately, during the past years, especially this year the local population is not being allowed to use the land as it belongs to the Patriarchate of Georgia.

It is noteworthy that on July 17, 2013, Public Defender addressed the Georgian government with a recommendation regarding the major issues amongst the numerous obstacles in solving the problems of eco-migrants, in particular definition of the legal status of eco-migrants and regulation of the protection of their rights on legislative level. Unfortunately no specific, effective measures have been taken so far. There are no mechanisms guaranteed by law for legal protection of the eco-migrants living in Tetritskaro municipality.

At the same time, taking into consideration that, the property rights of the Patriarchate of Georgia on inhabited territories is an non-derogable right protected by the Constitution of Georgia and current legislation, the Public Defender requests in his recommendation:

1. The Government of Georgia should in the shortest time possible, take measures to provide individuals affected by natural disasters and persons internally displaced from the occupied territories of Georgia (eco-migrants), currently residing in Tetritskaro municipality with legal rights to use pastures and grasslands on the mentioned territory or find an alternative solution to this problem. It is also important to ensure engagement of the eco-migrants in the process of resolving of this issue to maximize the protection of their rights;

2. Take appropriate measures in order to provide adequate housing to individuals affected by natural disasters and persons internally displaced from the occupied territories of Georgia, as well as to solve other problems that they are currently facing.

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