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.

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