Resolutions and Decisions of International Organizations: 2024
UN General Assembly Resolution
On June 4, 2024, the UN General Assembly, during its 78th session, adopted a resolution “On the status of internally displaced persons and refugees from Abkhazia, Georgia and the Tskhinvali region/South Ossetia, Georgia.” The resolution affirms the right of internally displaced persons and refugees from the occupied regions of Georgia to return to their homes in Abkhazia and the Tskhinvali region. The resolution was supported by 103 countries, with nine voting against and 52 abstaining. In addition to Russia, the countries that voted against the resolution included Belarus, Burundi, Cuba, Mali, North Korea, Nicaragua, Syria, and Zimbabwe.
Compared to the previous year, 103 countries supported the resolution - up from 100 - which is the highest figure since 2008. In 2024, Armenia notably shifted its stance and supported the resolution, having previously abstained or voted against it. Armenia's change in position is seen as a response to the deteriorating relations with Russia and an effort to realign its foreign policy. South Africa and Argentina also joined in supporting the resolution for the first time this year. It is significant that China, despite having signed a joint statement with Georgia in 2023 to establish a strategic partnership, chose to abstain from supporting the resolution.
Georgia has been submitting this resolution to the UN General Assembly since 2008. It condemns the demographic changes imposed by force in the Russian-occupied regions of Georgia, reiterates the right of displaced persons - regardless of ethnic background - to return to their homes in dignity and safety, and emphasizes the protection of their property rights. Beyond its humanitarian implications, the resolution carries practical importance, as it mandates the UN Secretary-General to prepare an annual report on the situation of displaced populations residing in Georgia and the implementation of the resolution's provisions.
On June 5, the de facto Ministry of Foreign Affairs of Abkhazia issued a statement in response to the UN resolution. In their assessment, they expressed disappointment, stating that “the fact that this resolution is adopted annually without considering the perspective and position of the Abkhazian side is a serious disappointment. The resolution is overtly biased and fails to reflect the true situation in the region.”
Similarly, the de facto Ministry of Foreign Affairs of the Tskhinvali region issued a statement on June 7. The statement emphasized that “instead of making genuine efforts to address the refugee issue, the counterproductive practice of politicizing the matter continues, which deprives South Ossetia of the opportunity to present its reasoned position at the UN.”
Resolution of the UN Human Rights Council
On October 11, 2024, the UN Human Rights Council in Geneva adopted a resolution on the occupied territories of Georgia, titled “Cooperation with Georgia.” The resolution was supported by 24 Council members, showing an increase in support compared to the previous year. For the first time, the resolution included a reference to the occupation of Abkhazia and the Tskhinvali region by Russia. It aligns with the decisions made by the European Court of Human Rights between 2021 and 2024, highlighting Russia's responsibility as the effective occupier force in these regions, and addressing the gross violations of human rights that have occurred. The resolution also expresses deep concern over the various forms of discrimination and violations faced by the ethnic Georgian population in the Russian-occupied territories.
The de facto Ministry of Foreign Affairs of Abkhazia criticized the resolution, arguing that it relies on stereotypical and repetitive language, which they believe distorts the actual situation on the ground. They further claimed that it is politically biased.
Similarly, the de facto Ministry of Foreign Affairs of the Tskhinvali region stated that the resolution contains biased assessments that fail to accurately reflect the reality on human rights violations in Abkhazia and the Tskhinvali region, as well as the occupation of the “so-called” Georgian territories.
European Court of Human Rights Ruling against “Borderization”
On April 9, 2024, the European Court of Human Rights ruled in favor of Georgia in a case it appealed in 2018 against Russia regarding the “borderization” process. The Court unanimously concluded in the case of Georgia v. Russia that Russia’s actions since 2009, aimed at effectively establishing new boundaries in the occupied territories, violated numerous human rights. These violations included infringements on the right to life, protection from inhuman or degrading treatment, liberty, respect for private and family life, property rights, access to education, and freedom of movement. The de facto Ministry of Foreign Affairs of the Tskhinvali region issued a statement in response, accusing the Court of applying double standards. The de facto Ministry claimed that “international law was being manipulated for political purposes and that interpretations of events that diverged from reality would not help achieve sustainable peace in the region or build trust in international courts.” The case was originally filed by the Georgian government with the European Court of Human Rights on August 22, 2018.
Decision of the European Court of Human Rights (ECHR)
On December 17, the European Court of Human Rights (ECHR) published its decision in the case of Taganova and Others v. Georgia and Russia, holding Russia fully responsible for the violations of property rights in occupied Abkhazia. The case concerned complaints filed by six applicants, four Georgians and two Russians, who were denied access to their homes and property in Abkhazia following the hostilities in the region. The Court found violations of Article 1 (protection of property) and Article 8 (right to respect for private and family life) of Protocol No. 1 of the European Convention on Human Rights.
The ECHR reiterated that Russia exercises effective control over Abkhazia and has failed to secure the property rights of individuals, particularly Georgian citizens, in the occupied territory. “They should have taken measures to protect those rights, such as providing an easily accessible and flexible legal mechanism. They failed to do so. Accordingly, the breach of these applicants’ rights was attributable to the Russian Federation,” the Court’s press release stated.
Excerpt from Rondeli Foundation publication.