Règle correspondante
Georgia
Practice Relating to Rule 131. Treatment of Displaced Persons
Georgia’s Law on Displaced Persons (1996) provides a certain number of legal, economic and social guarantees for persons forced to leave their homes and displaced following threats to their lives, health or freedom on account of an aggression by another country, an internal conflict or massive violations of human rights. These guarantees include the right to free medical assistance and free provision of medicines. 
Georgia, Law on Displaced Persons, 1996, Article 5.
Georgia’s Law on Displaced Persons (1996), as amended to 2010, states:
Article 3. Rights … of a person seeking IDP status
3. According to the norms and rules established by the legislation of Georgia, a person seeking IDP status shall have the right to:
a) reside at a temporary place of residence;
b) enjoy free utilities at a place of compact settlement;
c) receive other types of assistance
Article 5. Rights of IDPs …
1. IDPs shall receive … monthly assistance.
1.1. IDPs have the right to receive social and other assistance under the terms and conditions foreseen by the Georgian legislation.
2. The Ministry of Internally Displaced Persons from Occupied Territories of Georgia [shall] support IDPs in the enjoyment of their rights at temporary dwelling spaces, together with the executive authorities and local self-government bodies, who:
a) Assist IDPs to obtain a temporary employment, taking into account their profession and qualification;
b) Within their competencies, deliver the allowances and assistances provided for in the Georgian legislation;
c) The expenses of treatments in medical establishments of internally displaced families/persons who are registered in the database of socially unprotected (vulnerable) families shall be covered by the State within the limits of State standards and tariffs.
f) Decide issues relating to the IDPs retirement maintenance;
g) Assist IDPs in resolving social and living problems;
h) Ensure that IDPs have a temporary residence and food in accordance to the norms existing in Georgia;
i) Exempt IDPs from paying land tax on agricultural land plots allocated to them for temporary use according to the applicable standards;
l) Ensure that IDPs have a temporary residence and [adequate] living conditions within the territory of Georgia;
3. The State ensures [that] IDPs [have] temporary dwelling spaces. The Ministry organizes their accommodation in spaces allocated by the executive authorities and local self-government bodies for the temporary placement of IDPs.
4. … Until the restoration of Georgia’s jurisdiction over … the territories, IDPs shall not be evicted from IDPs’ resettlement facilities unless:
a) There is a written agreement with the IDPs;
b) A … residential area is allocated for the IDPs, [which shall] not worsen their living conditions;
c) Natural disasters … take place;
d) IDPs have willfully occupied dwelling-spaces in violation of the law. 
Georgia, Law on Displaced Persons, 1996, as amended to 2010, Articles 3(3), 5(1)–(2)(c), 5(2)(f)–(i), 5(2)(l) and 5(3)–(4).
The Law defines an IDP as:
a citizen of Georgia or a stateless person permanently residing in Georgia, who was forced to leave his place of permanent residency and seek asylum within the territory of Georgia due to a threat to his or his relatives’ life, health and freedom, as a result of an aggression by a foreign state, an internal conflict or massive violations of human rights. 
Georgia, Law on Displaced Persons, 1996, as amended to 2010, Article 1.
Georgia’s Law on Displaced Persons (1996), as amended in 2011, states:
Article 3 – Rights and obligations of [a] person seeking IDP [internally displaced person] status
3. According to the norms and rules established by the legislation of Georgia, a person seeking IDP status shall have the right to:
a) reside at a temporary place of residence;
b) enjoy free utilities at [a] place of compact settlement;
c) receive other types of assistance;
Article 5 – Rights and obligations of the IDP
1. The IDP has the right to:
a) Receive the assistance of the IDP;
b) Receive social and other assistance[] under the terms and conditions foreseen by the Georgian legislation.
c) Have a temporary accommodation with[in] the territory of Georgia.
Article 5.3 – Protection of IDPs at the Temporary Residence
1. Dispute[s] concerning … accommodation/housing issues are resolved according to the relevant rules of the Georgian legislation.
2. Until the restoration of the jurisdiction of Georgia [i]n its occupied territories[,] … eviction of … IDPs from the IDP resettlement facilities will not take place unless:
a) There is a written agreement with IDPs to exchange their areas in the IDP resettlement facilities for compensation or other pecuniary or non-pecuniary goods;
b) [A]relevant residential area [is] given to the IDP[, which] will not worsen his/her living conditions;
c) Du[e to] … natural or man-[made] events that are regulated by the Georgian legislation;
d) The IDP has willfully occupied the dwelling-space, in violation of the law.
Article 5.4 –Ensuring the [rights of] IDP[s] in the Temporary Residence
The Ministry supports the IDPs in [the] enjoyment of their rights in …temporary dwelling spaces together with the executive authorities and local self-government bodies, who:
a) Assist the IDP to get … temporary employment, taking into account his/her profession and qualification;
b) Within their competencies deliver the allowances and assistance[] provided by Georgian legislation;
c) Ensure the IDP’s constitutional right to education and free education at public secondary schools at the expenses of the Government;
d) Decide the issues relating to the IDP[’]s retirement maintenance;
e) Assist the IDP[] in resolving … social and living problems;
h) Ensure the IDP [has a] temporary residence and [adequate] living conditions within the territory of Georgia;
2. The expenses of … treatment in [a] medical establishment of … internally displaced families/persons who are registered in the database of … socially unprotected (vulnerable) families shall be covered by the public program or insurance according to the established rules.
3. The executive authorities and relevant bodies of the local self-government, including the Ministry, ensure the exercise of their Constitutional rights [and] take measures to create [the] necessary socio-economic conditions for … safe, decent l[i]ving conditions in the places of temporary residence.
4. The Ministry coordinates the activities of the other Ministries and Agencies in the sphere of enjoyment of … rights by the IDPs. 
Georgia, Law on Displaced Persons, 1996, as amended in 2011, Articles 3(3), 5(1), 5.3 and 5.4.
The Law defines an internally displaced person from the occupied territory as:
Internally displaced person from the occupied territory – IDP is a citizen of Georgia or stateless person permanently residing in Georgia, who was forced to leave his place of permanent residency and seek asylum within the territory of Georgia due to the threat to his life, health and freedom or life, health and freedom of his family members, as a result of aggression of a foreign state, internal conflict o[r] mass violation of human rights or [a]s a result of events determined by … paragraph 11 of article 2 of this Law. 
Georgia, Law on Displaced Persons, 1996, as amended in 2011, Article 1(1).
Georgia’s Law on Internally Displaced Persons (2014) states:
Article 3. The Purpose of the Law
The purpose of this Law is to create the legal mechanisms that
a) ensure protection of IDP [internally displaced person] rights during the whole period of displacement;
b) facilitate[] integration of IDPs at their places of registration;
c) promote[] provision of solutions to IDP problems.
Article 5. Protection of the Population from Displacement
2. The Government shall:
b) ensure realization of [the] rights of victims of displacement to life, dignity, safety and liberty even … when displacement is caused by [inevitable necessity];
Article 6. Definition of an IDP
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 12. Rights and Obligations of IDPs
1. [An] IDP has the right to:
a) receive IDP allowance … ;
b) receive social and other types of assistance[] in accordance with the rules and conditions established by the Georgian legislation;
c) receive adequate housing in Georgia until return to the place of permanent residence, except for those cases where durable housing has already been provided to him/her.
Article 13. The Right to Respect the Family Unity and the Right to Adequate Housing
2. The Ministry together with other relevant state agencies shall provide adequate housing to those IDPs who have been left homeless during displacement. When providing adequate housing, the Ministry shall register IDP[s at] the place of accommodation.
3. The Ministry together with state and local self-government bodies shall ensure the realization of IDP rights envisaged by this law and shall take measures to create socio-economic conditions for IDPs’ safe and dignified life.
4. If an IDP family has been provided with durable housing, the Government shall not bear responsibility to provide them or their descend[ants] with housing based on their IDP status.
Article 14. Protection of IDP Rights related to Living Space
1. Disputes on living space/housing issues shall be settled pursuant to Georgian legislation.
2. Before elimination of circumstances as referred to in paragraph 1, Article 6 of this Law or before providing durable housing to IDPs, eviction of IDPs from lawfully possessed living space shall not take place unless:
a) a written agreement is signed with an IDP on provision of adequate monetary or other type of assistance instead of the living space they occupy;
b) an IDP is provided with adequate housing not deteriorating his/her living conditions;
c) a natural disaster or other event occurs, envisaging certain compensation being regulated by a common rule.
6. In cases envisaged by paragraph 2 of this Article while resettling IDPs to another part of the country in order to safeguard IDPs’ dignity, freedom and safety, the Ministry shall ensure that:
a) an IDP/an IDP family is fully informed on reasons and procedures of resettlement and on relevant alternatives in order to ensure IDPs’ free and voluntary decision;
b) each IDP is provided with adequate housing;
c) IDPs shall be accommodated [in] places where safety, health and sanitary conditions are satisfactory[,] and the right to respect of the family unity of an IDP shall be protected.
7. Paragraphs 2 and 6 of this Article shall not cover those IDPs who were not accommodated by the government, who managed to find housing themselves (they are registered and/or live in rented, borrowed or their own houses, live together with [a] host family, etc.) and the Ministry did not pay for their administrative, accommodation and utility (including, electricity) costs annually from the state budget.
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
a) help IDPs to find jobs according to their professions and qualifications;
b) issue allowances and other types of assistance within their mandate pursuant to Georgian legislation;
c) ensure enjoyment of the constitutional right to education and state-funded general education as established by the legislation of Georgia;
d) make decision[s] on pension-related issues of IDPs;
e) help IDPs to resolve social and everyday issues;
h) provide IDPs with first aid during displacement on the territory of Georgia[;]
2. Medical expenses of an IDP/IDP families registered in the database of socially vulnerable families are covered by state-funded healthcare programs or insurance according to relevant rules. 
Georgia, Law on Internally Displaced Persons, 2014, Articles 3, 5(2)(b), 6(1), 12(1), 13(2)–(4), 14(1)–(2) and (6)–(7), 16(1)(a)–(e) and (h) and (2).
In 2014, in its fourth periodic report to the Committee on the Rights of the Child, Georgia stated:
Internally displaced children
181. The number of internally displaced children in the country amounts to 72,413. They benefit from the general healthcare service, which is provided free of charge by the Government of Georgia for all the children with IDP [internally displaced person] status.
182. … [I]n order to make all the services available for internally displaced children, including healthcare, education, etc., a change in the housing policy was made for the new government to allocate houses in Tbilisi to IDPs, which was not allowed before. The rationale is that IDPs have been living in the capital city for years and have reached a certain level of integration there.
183. … [T]he Law of Georgia on Internally Displaced Persons from the Occupied Territories of Georgia was adopted in 1996 and revised three times since then. In 2013, an analysis of the Law showed a need for considerable improvement. A Draft Law aims to put in place legal mechanisms to ensure emergency assistance in case of forced displacement and the protection of IDPs[’] rights during the whole period of displacement.
184. One of the important changes is the widening of the definition of an internally displaced person as: “A citizen of Georgia or a person with a status of person without citizenship in Georgia can be qualified as an IDP who was forced to leave his/her place of permanent residence due to a danger [to] his/her … health or life or [to] that of his/her family members as a result [of] occupation of territory by a foreign state, aggression, armed conflict, mass violence and/or mass violation of human rights and/or impossibility of his/her return to the place of permanent residence due to the above-mentioned reasons.” With such a formulation, the Law will not only protect the rights of those persons who lived on currently occupied territories, but also those who suffered as a result of the occupation.
185. One of the most valuable changes in the new draft Law is the creation of a uniformed, non-discriminatory approach to all IDPs. In particular, such notions as “IDP Collective Center”[,] “IDPs living in the private sector” will be annulled, ensuring the equal distribution of housing and benefits, such as governmental allowance and [the] possibility to receive payment for communal facilities. It is planned that all IDPs will receive [an] equal governmental allowance in amount of 45 GEL (20 EUR), instead of current[ly] 22-28 GEL, which vary dependent on type of accommodation. At the same time, all IDPs will pay their own communal expenses that are [an] additional step towards integration.
186. The draft law lists the reasons for suspension, termination and reinstatement of IDP allowance. It also specifies IDPs[’] protection measures with regards to accommodation and regulations on their eviction from temporary accommodation. Specifically, measures to be carried out by [the] central and local government for the eviction of IDPs from spaces transferred for legal ownership to third persons, while ensuring their dignity, security and freedom.
187. … [I]n order to make the housing allocation process transparent and based on needs, the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees has issued on 9 August 2013 the Order N320 … , which set up the procedures of allocation of houses to IDPs, using criteria and living standards. The “Rules” set special privileges for persons with disabilities. Before that, no mandatory act regulated the allocation of accommodation.
188. … The guiding principles, criteria and procedures of Durable Housing Solution (DHS) to IDPs were developed by the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia in close cooperation with civil society organizations. The criteria are based on the Law of Georgia, UN guiding principles on forced displacement, the State Strategy on IDPs approved by the Government of Georgia in 2007 and the Action Plan for implementation of the State Strategy on IDPs 2012–2014 adopted by the Government of Georgia on 13 June 2012. The criteria are based on the principles of voluntary and informed decision, family unity, special protection of minors left without families or a guardian/caregiver, adequate accommodation, access to documentation and public services, publicity and transparency. 
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, §§ 181–188.
Georgia’s Law on Internally Displaced Persons (2014) states: “All IDPs [internally displaced persons] have the right to respect [for] family unity. Family shall not be artificially disintegrated or united against the will of family members.” 
Georgia, Law on Internally Displaced Persons, 2014, Article 13(1).
The Law on Internally Displaced Persons (2014) defines an internally displaced person as follows:
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. 
Georgia, Law on Internally Displaced Persons, 2014, Article 6(1).
Georgia’s Law on Displaced Persons (1996), as amended to 2010, states: “Financial resources for IDP assistance … Additional financial sources [include] … financial assistance rendered by other governments and international organizations.” 
Georgia, Law on Displaced Persons, 1996, as amended to 2010, Article 10(2).
The Law defines an IDP as:
Internally displaced person – [an] IDP is a citizen of Georgia or a stateless person permanently residing in Georgia, who was forced to leave his place of permanent residency and seek asylum within the territory of Georgia due to a threat to his or his relatives’ life, health and freedom, as a result of an aggression by a foreign state, an internal conflict or massive violations of human rights. 
Georgia, Law on Displaced Persons, 1996, as amended to 2010, Article 1.
Georgia’s Law on Displaced Persons (1996), as amended in 2011, states:
Article 10 – Financial resources for IDP [internally displaced person] assistance
1. Under this law, financial expenses [for] IDPs shall be borne by the State and local budgets.
2. Additional financial sources [include] … financial assistance rendered by other governments and international organizations. 
Georgia, Law on Displaced Persons, 1996, as amended in 2011, Article 10.
The Law defines an internally displaced person from the occupied territory as follows:
Internally displaced person from the occupied territory – IDP is a citizen of Georgia or stateless person permanently residing in Georgia, who was forced to leave his place of permanent residency and seek asylum within the territory of Georgia due to the threat to his life, health and freedom or life, health and freedom of his family members, as a result of aggression of a foreign state, internal conflict o[r] mass violation of human rights or [a]s a result of events determined by … paragraph 11 of article 2 of this Law. 
Georgia, Law on Displaced Persons, 1996, as amended in 2011, Article 1(1).
Georgia’s Law on Internally Displaced Persons (2014) states:
Article 21. Sources of Financial Assistance for IDPs [internally displaced persons]
1. Expenses for IDPs envisaged by this Law shall be reimbursed from the state budget.
2. The additional sources of funding include … financial assistance provided by foreign governments and international organizations.” 
Georgia, Law on Internally Displaced Persons , 2014, Article 21.