Règle correspondante
Georgia
Practice Relating to Rule 132. Return of Displaced Persons
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.
Georgia’s Law on Displaced Persons (1996), as amended to 2010, states:
Article 5. Rights of IDPs …
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:
k) Assist IDPs to return to their place of permanent residence after the reasons … [for displacement] have ceased.
Article 7. … Rehabilitation of displaced persons at the places of their permanent residence
1. In case IDPs return to their places of permanent residence after the reasons … [for displacement] have ceased:
a) the relevant bodies of executive authorities and local self-government, including the Ministry of Displaced Persons from Occupied Territories, Refugees and Accommodation of Georgia, shall secure the exercise of their constitutional rights [and] create the necessary socio-economic living conditions for the safety at their places of permanent residence. 
Georgia, Law on Displaced Persons, 1996, as amended to 2010, Articles 5(2)(k) and 7(1)(a).
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 1 – The Term IDP [internally displaced person] and the Prohibition of Discrimination
1. 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.
Article 5.4 –Ensuring the [rights of] IDP[s] in the Temporary Residence
1. 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:
g) Assist the IDP to return to his/her place of permanent residence after the elimination of the reasons stated in the first paragraph of the first Article of the present Law;
Article 7 – State guarantees for rehabilitation of displaced persons at [their] places of permanent residence
… If [an] IDP after elimination of the reasons enumerated in article 1 of this law returns to his place of permanent residence:
a) [T]he relevant bodies of executive authorities and local self-government, including the Ministry of Refugees and Accommodation shall secure the exercise of [IDPs’] constitutional rights [and] shall create [the] necessary social-economic living conditions for … safety at their places of permanent residence[.] 
Georgia, Law on Displaced Persons, 1996, as amended in 2011, Articles 1(1), 5.4(1)(g) and 7(a).
Georgia’s Law on Internally Displaced Persons (2014) states:
Article 5. Protection of the Population from Displacement
2. The Government shall:
c) minimize inevitable displacement and damages caused by it;
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;
Article 18. State Guarantees for Reintegration after IDPs’ Return to Their Places of Permanent Residence
1. The state shall ensure [the] development of relevant mechanisms supporting [the] reintegration of IDPs [at] places of permanent residence when they return.
2. If IDPs, after [the] elimination of circumstances as referred to in paragraph 1 of Article 6, return to their places of permanent residence, the Ministry and other state bodies within the competencies granted to them shall:
a) ensure [the] realization of IDP rights envisaged by this law and the Constitution of Georgia;
b) take measures to create [the] necessary socio-economic and legal conditions for … safe living at their places of permanent residence;
4. The Ministry, together with other relevant state bodies[,] shall co-ordinate return, resettlement and reintegration activities while guaranteeing [a] safe and dignified return.
5. The state takes all measures to ensure [the] participation of IDPs in planning and managing [the] process of return, resettlement and reintegration to the places of permanent residence. 
Georgia, Law on Internally Displaced Persons, 2014, Articles 5(2)(c), 6(1), 16(1)(g), 18(1)–(2)(b), and 18(4)–(5).
In 2012, in its fourth periodic report to the Human Rights Committee, Georgia stated:
30. Before August 2008, Georgia already had up to 300,000 internally displaced persons [(IDPs)] from previous conflicts that occurred in [the] 1990s in Abkhazia, Georgia and Tskhinvali region/South Ossetia, Georgia. The Russia-Georgia War of 2008 resulted in a new flow of IDPs (more than 121 000 persons). Therefore, protection and promotion of human rights of IDPs remain … a priority for the Government of Georgia. [The] Government has developed an ambitious National Strategy on IDPs which refers to both – internally displaced people in [the] 1990s as well as in 2008; it aims at securing dignified living conditions for IDPs, their re-integration into Georgian society, and the creation of conditions that would allow for their voluntary and safe return to their permanent residences. The appropriate Action Plan for the implementation of the aforementioned Strategy on IDPs is also in place.
31. According to the National Strategy, the MIDPAR [Ministry of Internally Displaced Persons from Occupied Territories, Accommodation and Refugees] was assigned the leading role in coordinating and monitoring … the implementation of the Strategy and the Action Plan. The implementation of the Strategy on IDPs [i]s being undertaken in three stages during which all IDPs in need receive a DHS [Durable Housing Solutions] in an environment that provides opportunities for sustainable socio-economic integration. …
32. Within the framework of the State Strategy on IDPs and its Action Plan, the Government of Georgia has assisted significant number[s] of IDPs in their housing needs. As of December 2011, 279 [b]uildings in Tbilisi and 375 [b]uildings in [the] regions, in total 654 [b]uildings, were rehabilitated and transferred into the ownership of 18,909 IDP families. Also, cottages were constructed for 4,872 families, idle buildings were rehabilitated and transferred into ownership of 4,696 families, cash assistance was issued for 5,517 families, new apartment blocks were constructed for 2,029 families and rural houses were purchased for 80 families. In total, 36[,]103 IDP families, both from old and new conflicts, were provided with [a] durable housing solution.
33. The Government pays IDP allowances [and] covers electricity and other communal bills. The Second and Third stages of the process are still ongoing and it will cover all remaining IDPs.
34. As for the privatization process of the Collective Centers [(CCs)], it started in 2009. IDPs living in CCs owned by the Government that can provide conditions for DHS are offered to privatize their living spaces with [a] symbolic price paid by the Government. The process is voluntary and IDPs can refuse privatization and continue to live there until [an] alternative solution is offered to them i.e. alternative accommodation. …
35. There were cases when IDPs were asked to leave buildings which did not represent CCs (IDPs illegally occupied the building) or … where IDPs have already received DHS and therefore … were ineligible to continue occupying spaces in those particular buildings. To make the process more transparent, MIDPAR with the support of the UNHCR and other partner[] NGOs[,] developed Special Operational Procedures (SOP) that give clear guidelines for [the] organization of [the] process of resettlement and inform[ation] of the IDPs. The SOP have been successfully implemented in practice and they are used as a guiding manual in all resettlement processes. 
Georgia, Fourth periodic report to the Human Rights Committee, 1 November 2012, UN Doc. CCPR/GEO/4, submitted 25 June 2012, §§ 30–35.