القاعدة ذات الصلة
Georgia
Practice Relating to Rule 132. Return of Displaced Persons
Section A. Conditions for return
Georgia’s Law on Internally Displaced Persons (2014) states:
Article 5. Protection of the Population from Displacement
2. The Government shall:
d) ensure that the displacement does not last longer than required in the given situation.
Article 6. Definition of an IDP [internationally displaced person]
1. A citizen of Georgia or a stateless person with a status residing in Georgia shall be considered as an IDP, if he/she was forced to leave his/her permanent place of residence because of threat to his/her or his/her family member’s life, health or freedom caused by the occupation of the territory by a foreign state, aggression, armed conflict, mass violence and/or massive human rights violations and/or he/she cannot return to his/her permanent place of residence due to the above mentioned reasons.
Article 16. Social Protection of an IDP
1. The Ministry [of Internally Displaced Persons from Occupied Territories, Accommodation and Refugees of Georgia], within its mandate, together with other state bodies shall support an IDP to exercise his/her rights. In particular, they shall
g) help IDPs to return to their places of permanent residence after elimination of circumstances as referred to in paragraph 1 of Article 6. 
Georgia, Law on Internally Displaced Persons, 2014, Articles 5(2)(d), 6(1) and 16(1)(g).
Georgia’s Law on International Protection (2016), taking into account amendments up to 2017, states:
Article 3 Definition of terms
For the purposes of this Law, the terms used herein have the following meanings:
v) voluntary repatriation – the making of a decision by an internationally protected person on his/her safe and decent return to a country of origin without any physical, psychological or material coercion;
Article 64 Repatriation of internationally protected persons
In order to repatriate an internationally protected person the Ministry shall comply with the following terms:
a) repatriation shall be voluntary and it shall be carried out by state agencies responsible for the enforcement of this Law;
b) the will of an internationally protected person with regard to repatriation shall be expressed in writing;
c) an internationally protected person shall obtain available information on the situation in the country of his/her origin and on the possible consequences of his/her returning to the country.
Article 73 Ministry of Foreign Affairs of Georgia
The Ministry of Foreign Affairs of Georgia shall:
c) facilitate the voluntary repatriation of persons holding refugee or humanitarian status, on the basis of an application submitted by it, within the scope of its authority, and with the assistance of diplomatic representations and consular institutions. 
Georgia, Law on International Protection, 2016, taking into account amendments up to 2017, Articles 3(v), 64 and 73(c).
The Law also states:
Article 3 – Definition of terms
For the purposes of this Law, the terms used herein have the following meanings:
e) an asylum seeker – an alien or a stateless person, who has applied for international protection to a state agency and in respect of whom the Ministry has not made a decision, or a court decision has not yet entered into legal force;
Article 14 Forms of international protection
In accordance with this Law, the forms of international protection in Georgia are the following:
a) refugee status;
b) humanitarian status;
c) the status of a person under temporary protection.
Article 15 Grounds for granting refugee status
1. Refugee status shall be granted to an alien or a stateless person, who is outside the country of origin, and has a well-grounded fear that he/she may become a victim of persecution on the grounds of his/her race, religion, nationality, affiliation to a certain social group or political views, and who does not wish to, or cannot, return to his/her country of origin or enjoy the right to be protected from such country due to such fear.
Article 19 Grounds for granting humanitarian status
1. Humanitarian status shall be granted to an alien or a stateless person who does not comply with the conditions for granting refugee status as provided for by Article 15 of this Law where there is a real risk that upon returning to the country of origin he/she will face a serious threat of damage as provided for by Article 32(3) of this Law.
Article 21 Grounds and procedures for granting the status of a person under temporary protection
1. The Ministry shall regulate the mass entry of people and make a decision on granting the status of a person under temporary protection to people entering in mass, who require international protection and cannot return to the country of their origin due to violence, aggression, international or internal armed conflict, or due to mass violation of human rights.
Article 32 Persecution and serious damage
1. For the purposes of Article 15 of this Law, an action shall be deemed persecution, if:
a) it is so serious by its nature or has such repeated character that fundamental human rights continue to be violated;
b) it is one of a unity of various actions, which are so severe that fundamental human rights continue to be violated.
2. The persecution provided for by paragraph 1 of this article may be expressed in the following forms:
e) criminal persecution or punishment during a conflict due to the refusal to perform actions provided for by Article 18 of this Law [among others, a crime against peace, a war crime or a crime against humanity];
3. Serious damage shall be:
c) a serious individual threat to the life of a person due to indiscriminate violence, international or internal armed conflict or mass violation of human rights.
Article 33 – Entity(ies) carrying out persecution and inflicting serious damage
Entity(ies) carrying out persecution and inflicting serious damage may be:
a) the State;
b) a group or an organisation, which controls the entire territory of the State or a significant part of the territory;
c) non-governmental entities, if the entities provided for by sub-paragraphs (a) and (b) of this paragraph, including international organisations, cannot or do not desire to protect a person from persecution or serious damage as provided for by Article 32 of this Law. 
Georgia, Law on International Protection, 2016, taking into account amendments up to 2017, Articles 3(e), 14–15(1), 19(1), 21(1), 32(1), (2)(e) and (3)(c)–33.
In 1995, during a debate in the UN Security Council on the situation in Abkhazia, Georgia supported the right of refugees and displaced persons to return in safety and emphasized that “nothing can change [its] resolve to achieve the unconditional and timely return of the refugees to their homes”. 
Georgia, Statement before the UN Security Council, UN Doc. S/PV.3535, 12 May 1995, p. 3.
In 2014, in its fourth periodic report to the Committee on the Rights of the Child, Georgia stated:
Due to Russia’s occupation of Tskhinvali Region/South Ossetia and Abkhazia[,] Georgia has been prevented from the opportunity to ensure protection of human rights, including children’s rights in th[ose] parts of the country. … As a result of ethnic cleansing[,] hundreds of thousands of IDPs [internally displaced persons], predominantly of Georgian origin, are unable to return to their homes due to their ethnic belonging. 
Georgia, Fourth periodic report to the Committee on the Rights of the Child, 28 June 2016, UN Doc. CRC/C/GEO/4, submitted 11 December 2014, § 47.