A/HRC/RES/52/40
Reaffirming its commitment to the sovereignty, independence and territorial integrity
of Georgia within its internationally recognized borders,
Reaffirming also the primary responsibility of States to promote and protect human
rights and fundamental freedoms,
Recognizing the importance of the Geneva International Discussions established on
the basis of the ceasefire agreement of 12 August 2008 as an instrument for addressing
security, stability, human rights and humanitarian issues on the ground,
Underlining the role of the Incident Prevention and Response Mechanisms in Gali and
Ergneti in finding durable solutions for the safety and humanitarian needs of conflict-affected
persons on the ground, and stressing the need for the immediate resumption of the work of
the Incident Prevention and Response Mechanism in Gali without preconditions, and the
functioning of both mechanisms in accordance with their ground rules and founding
principles,
Welcoming the cooperation of the Government of Georgia with the Office of the
United Nations High Commissioner for Human Rights and its office in Tbilisi, and with other
relevant international and regional human rights mechanisms and actors,
Welcoming also the continuous technical assistance provided by the Office of the High
Commissioner through its office in Tbilisi,
Recognizing the significance of the reports of the United Nations High Commissioner
for Human Rights,1 and noting the recommendations made by the High Commissioner
therein,
Condemning the ongoing illegal military presence of the Russian Federation in
Abkhazia, Georgia and the Tskhinvali region/South Ossetia, Georgia, without the consent of
Georgia, and the attempts to legitimize its military presence, including through the
organization of illegal so-called elections by the de facto authorities exercising effective
control therein, signing so-called treaties, creating so-called joint socioeconomic spaces
between the Russian Federation and Abkhazia, Georgia, land seizures, such as in the Gagra
district in Abkhazia, Georgia, and statements about intent to hold a so-called referendum in
the Tskhinvali region/South-Ossetia, Georgia on the matter of joining the Russian Federation,
Stressing the findings of the High Commissioner in the reports, in which the High
Commissioner underscored the responsibility of the authorities exercising effective control
in Abkhazia, Georgia and the Tskhinvali region/South Ossetia, Georgia to uphold the
fundamental freedoms and human rights of all people living therein and to address any
conduct that violates or abuses their human rights, and expressed regret at the continued
refusal of those in control of Abkhazia, Georgia and the Tskhinvali region/South Ossetia,
Georgia to grant immediate and unimpeded access to staff members of the Office of the High
Commissioner and to United Nations human rights mechanisms to both regions,
Expressing serious concern at the continued process of installation and advancement
of barbed wire fences and different artificial barriers along the administrative boundary line
in Abkhazia, Georgia and Tskhinvali region/South Ossetia, Georgia and adjacent areas,
which continue to have a negative impact on the already poor socioeconomic conditions of
the conflict-affected population, their freedom of movement and sense of security, while also
preventing their access to property, grazing and farming lands, religious sites and cemeteries,
Noting with concern the grave situation of human rights in both Georgian regions,
particularly owing to growing violations and restrictions on humanitarian access,
Expressing serious concern at various forms of reported discrimination against ethnic
Georgians, cases of torture and other forms of ill-treatment, infringements of the right to life,
the right to liberty and security of person, the right to the enjoyment of the highest attainable
standard of health and property rights, kidnappings, restrictions on education in one’s native
language in both Georgian regions, the continued practice of demolition of the ruins of houses
belonging to internally displaced persons in the Tskhinvali region/South Ossetia, Georgia,
1
2
A/HRC/36/65, A/HRC/39/44, A/HRC/42/34, A/HRC/45/54, A/HRC/48/45 and A/HRC/51/64.