From Responsibility to Response: Assessing National - Brookings
From Responsibility to Response: Assessing National - Brookings
From Responsibility to Response: Assessing National - Brookings
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Georgia <strong>From</strong> Solidarity <strong>to</strong> Solutions: The Government <strong>Response</strong> <strong>to</strong> Internal Displacement in Georgia<br />
These important changes <strong>to</strong> national legislation removed<br />
the legal obstacles impeding IDPs’ ability <strong>to</strong><br />
exercise fully their right <strong>to</strong> vote or <strong>to</strong> be elected. 164 The<br />
remaining difficulties regarding IDPs’ political participation<br />
have been practical in nature—in particular, the<br />
preparation of accurate and timely lists of IDPs eligible<br />
<strong>to</strong> vote; the coordination required between the MRA<br />
and elec<strong>to</strong>ral officials on this issue; training of MRA and<br />
elec<strong>to</strong>ral officials on specific provisions for facilitating<br />
the exercise by IDPs of their voting rights; and ensuring<br />
awareness of voting regulations among IDPs. 165 With<br />
respect <strong>to</strong> knowledge of regulations, a public awareness<br />
campaign and voter education programs were undertaken,<br />
in particular by the UN Office for the Coordination<br />
of Humanitarian Affairs and NRC, that included a televised<br />
public service announcement featuring the chairperson<br />
of the Central Election Commission providing<br />
information about IDPs’ right <strong>to</strong> vote. 166<br />
In practice, despite the removal of legislative impediments<br />
<strong>to</strong> IDPs’ exercise of their right <strong>to</strong> vote, actual<br />
voter turnout by IDPs has remained much lower than<br />
the national average. 167 Further, IDPs rarely stand as<br />
candidates for election, for reasons including lack of<br />
financial resources, limited access <strong>to</strong> political networks,<br />
and, as UNHCR points out, the fact that the “constant<br />
struggle for survival in everyday life in a precarious economic<br />
situation is such a challenge that the question of<br />
participation in politics hardly arises.” 168 However, it is<br />
noteworthy that currently the vice speaker of Parliament<br />
is an IDP, Paata Davitaia, a lawyer who has been active<br />
on IDP-related issues, including the government’s submission<br />
of a case <strong>to</strong> the International Court of Justice<br />
164 UNHCR, “Input <strong>to</strong> Universal Periodic Review” (2010),<br />
para. 11.<br />
165 See Mooney and Jarrah, The Voting Rights of Internally<br />
Displaced Persons, pp. 35 and 37–41.<br />
166 Ibid., pp. 37–39; and NRC, Voting Rights: A Guide <strong>to</strong><br />
IDP Voting Rights and How <strong>to</strong> Cast your Vote in the<br />
Parliamentary Elections (Tbilisi: 2003).<br />
167 Internally Displaced Persons and Their Behaviour during<br />
the Election (Tbilisi: Business Consulting Group, May<br />
2004), p. 4.<br />
168 UNHCR, Gap Analysis, 2009, para. 6.1.<br />
213<br />
alleging genocide and arbitrary forcible displacement<br />
during the conflicts. 169 The next parliamentary elections<br />
are due <strong>to</strong> take place in Georgia in 2012.<br />
10. Establish the Conditions and<br />
Means for IDPs <strong>to</strong> Secure Durable<br />
Solutions<br />
Is the government working—or has it<br />
worked—<strong>to</strong> establish conditions enabling<br />
IDPs <strong>to</strong> secure a durable solution <strong>to</strong><br />
displacement?<br />
Resolving the situation of IDPs has been a central concern<br />
of the government since shortly after displacement<br />
first occurred. Indeed, the government has devoted its<br />
advocacy and efforts on IDP issues primarily <strong>to</strong> this subject<br />
over the past two decades of internal displacement.<br />
However, in so doing, the government has promoted the<br />
return of IDPs and refugees <strong>to</strong> their places of origin as<br />
the only possible solution, while impeding IDPs’ access<br />
<strong>to</strong> other solutions, including integration in the place of<br />
displacement or settlement elsewhere in the country.<br />
The government of Georgia’s active engagement on the<br />
issue of solutions <strong>to</strong> displacement—or more accurately,<br />
on one particular solution—therefore has not been<br />
entirely in the best interests of IDPs. By emphasizing<br />
IDPs’ right <strong>to</strong> return with such single-mindedness, it effectively<br />
ruled out for IDPs their right <strong>to</strong> choose among<br />
solutions. Indeed, the government even restricted IDPs’<br />
ability <strong>to</strong> fully access their rights and improve their<br />
living conditions in their place of displacement, even<br />
simply as an interim measure until such time as return<br />
becomes a feasible option. Only recently, following<br />
years of intense international advocacy, has the government<br />
shifted its position <strong>to</strong> enable and support a more<br />
comprehensive approach <strong>to</strong> durable solutions.<br />
It is important <strong>to</strong> note that <strong>to</strong> a large extent, the preoccupation<br />
of the government with return has corresponded<br />
with the preferred solution voiced by many, even the<br />
169 With thanks <strong>to</strong> Julia Kharshvili for pointing this out.