A/75/PV.81 General Assembly

I now give the floor to the representative of Georgia to introduce draft resolution A/75/L.99.

The agenda item under consideration today is entitled “Protracted conflicts in the GUAM area and their implications for international peace, security and development”. GUAM is an organization for democracy in and the economic development of four countries: Georgia, Ukraine, Azerbaijan and the Republic of Moldova. The GUAM countries continue to be affected by conflict, hampering their development and the livelihoods of their people, and in that regard today I will be talking about the situation in Georgia. Without going too much into the history of the conflict, let me mention that since the early 1990s, in direct violation of a number of ceasefire agreements, the Georgian population and other ethnic groups have been targeted and expelled en masse from Abkhazia, Georgia’s most culturally diverse region, which, as a matter of fact, was also reflected in the Security Council resolutions of that time. More than 80 resolutions, presidential statements and communiqués have unanimously reaffirmed “the commitment of all Member States to the sovereignty, independence and territorial integrity of Georgia within its internationally recognized borders”, stressing the necessity “to address seriously the need for a dignified return of internally displaced persons and refugees, including their security and human rights concerns” (resolution 1716 (2006)). Unfortunately, in 2009 the Russian Federation brazenly used its veto power to block the United Nations Observer Mission in Georgia. The same can be said with regard to the Organization for Security and Cooperation in Europe (OSCE) mission in the Tskhinvali region/South Ossetia. That came after Russia’s full-scale military aggression against my country in 2008, when the presence of the United Nations was most needed. Despite the 12 August ceasefire agreement, to this day Russia refuses to allow the only existing monitoring mechanism — the European Union Monitoring Mission — to exercise its mandate over the occupied territories that the Russian Federation exercises effective control of. The Russian Federation has yet to fulfil the commitments that it undertook under the ceasefire agreement, namely, the withdrawal of its military, a pledge on the non-use of force and the establishment of international security arrangements. Instead, the Russian occupying authorities have been carrying out a policy of creeping annexation through so-called borderization by the installation of razor-wire fences, border signs and other artificial barriers. As a result, the people living in the occupied regions endure continuous deprivation in terms of their basic human rights, isolation and discrimination. The most recent report of the United Nations High Commissioner for Human Rights, based on the Human Rights Council resolution entitled “Cooperation with Georgia” (A/HRC/RES/43/37), speaks about the various forms of discrimination that ethnic Georgians continue to face in both regions, including violations of the right to life, deprivation of liberty, arbitrary detention, infringement of the right to property, violations of the right to health, restrictions on education in one’s native language, and the continuous practice of the demolition of the ruins of houses belonging to internally displaced persons and the building of landfills on the site of demolished houses in the Tskhinvali region/South Ossetia, Georgia. The report also underlines the fact that not a single person has been held accountable “for the four cases of arbitrary deprivation of life that occurred between 2014 and 2019 in Abkhazia and South Ossetia”. The High Commissioner stresses that it “contributes to a climate of impunity, which could lead to further tensions and violence”. The situation of human rights and the humanitarian situation on the ground have been further exacerbated by the outbreak of the coronavirus disease pandemic. Discrimination on ethnic grounds in both regions continues to be a gruesome reality, and the practice of the illegal detention and kidnapping of Georgian citizens intensifies every year. The recent decision of the authorities exercising effective control in the Tskhinvali region to illegally detain and imprison the Georgian citizen Zaza Gakheladze is just the latest example of many. It is particularly alarming that during the past several years, none of the United Nations special procedures mandate-holders, the OSCE or Council of Europe officials were allowed to visit the occupied Abkhazia and Tskhinvali region, which have remained completely closed to international monitoring mechanisms since 2009. The European Court of Human Rights, in its ruling of 21 January on the case of Georgia v. Russia (II), legally established the responsibility of Russia — as the authority exercising effective control over the regions — for the violation of the right of internally displaced persons and refugees to return to their homes and concluded that it has an obligation to enable inhabitants of Georgian origin to return to their respective homes, pursuant to its obligations under the Convention. The issue has different aspects, but today we will be considering a draft resolution (A/75/L.99) that relates only to the humanitarian and human rights aspects of the issue. The draft resolution on the status of IDPs and refugees has been considered in the General Assembly since May 2008. The draft resolution aims to reaffirm the right of return in safety and with dignity; reconfirm the property rights of the forcefully displaced population; reaffirm the unacceptability of forced demographic changes; and ensure access for international humanitarian organizations to the populations in need. The draft resolution reaffirms and supports the pivotal role of the Geneva international discussions and calls on all participants to engage in good faith in negotiations to find a peaceful and lasting solution. It calls for the elaboration of a concrete timetable for the return of IDPs and refugees and for the reporting instrument to be maintained in order to keep the international community informed about the implementation of the resolution through the annual reports of the Secretary-General. Almost 400,000 forcibly displaced persons, irrespective of the length of their displacement, are still anticipating and hoping for a safe, dignified and sustainable return to their places of origin, and they expect the international community to act in accordance with the Charter of the United Nations and the principles of international law. While the draft resolution before the Assembly refers to the situation in a single country, Georgia, the issue at stake is an integral part of a global challenge: forced displacement. To address it, we need to be principled and not bound by a narrow regional scope. Today, therefore, I am standing at this lofty rostrum to introduce draft resolution A/75/L.99, entitled “Status of internally displaced persons and refugees from Abkhazia, Georgia, and the Tskhinvali region/South Ossetia, Georgia”, under agenda item 35, “Protracted conflicts in the GUAM area and their implications for international peace, security and development”, sponsored by Albania, Andorra, Antigua and Barbuda, Australia, Austria, Belgium, Bulgaria, Canada, Costa Rica, Croatia, the Czech Republic, Denmark, Djibouti, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Kiribati, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, the Marshall Islands, Micronesia (Federated States of), Monaco, Montenegro, the Netherlands, New Zealand, North Macedonia, Norway, Papua New Guinea, Poland, Portugal, the Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, Solomon Islands, Spain, Sweden, Tonga, Turkey, Tuvalu, Ukraine, the United Kingdom, the United States of America and Vanuatu; I am asking for the support of members. In this House, we all should recognize the utterly humanitarian nature of the principle of return. Therefore, we appeal to members to apply the very same principle to IDPs from Georgia. They, too, are the part of our global endeavour to leave no one behind. Therefore, I once again urge members to vote in favour of draft resolution A/75/L.99.

Members are informed that we will first take action of the draft resolution, along with explanations of vote before and after the voting. The debate on the item will be held immediately thereafter. We shall now proceed to consider draft resolution A/75/L.99. Before giving the floor to speakers for explanations of vote before the voting, may I remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats.

The delegation of my country, the Syrian Arab Republic, would like to explain its position on agenda item 35, which is before the General Assembly; the draft resolution contained in document A/75/L.99; and the report of the Secretary-General (A/75/891). My delegation had expected a genuine change to be made by the penholders and sponsors of the draft resolution with regard to addressing the situation of the internally displaced persons and refugees who were compelled to leave their regions of Abkhazia and South Ossetia. But the reality is quite different. What we see before us today is a draft resolution that is politicized at all levels based on the narrow points of view of certain parties and not others. It relied on sources that lack the minimum standards of credibility, impartiality and integrity. We are seeing attempts by some countries to divert the attention of the international community from irresponsible and reckless acts. The draft resolution before us also ignores the true concerns of the inhabitants of Abkhazia and South Ossetia. Its adoption will only exacerbate the situation of internally displaced persons and refugees. Rather than looking at the root causes of those problems, the delegations of certain countries prefer to continue to submit this biased draft resolution for political motives. Their futile efforts not only undermine trust but also have a negative impact on humanitarian work. Accusing certain parties of making coercive demographic changes and referring to a humanitarian situation created by an armed conflict not out of fear for civilians but, rather, as a pretext to point fingers at parties and not others is completely unacceptable. Consequently, we urge the delegations of Member States not to play a role in the politicization of the work and resolutions of the Organization. As we always say, if a country or Government is not targeted today, it will be a target tomorrow. Therefore, my country’s delegation will vote against the draft resolution and calls on others to do the same.

The Russian Federation will vote against draft resolution A/75/L.99, introduced by the Georgian delegation. I will now explain why. These humanitarian trappings and this illusory concern for refugees and internally displaced persons hides yet another attempt by Tbilisi and its protectors to undermine the normalization process in the region, to apply pressure on the sovereign states of Abkhazia and South Ossetia and to impose their will upon them. Such abuse of the issue of refugees only undermines the practical steps being taken to resolve the existing humanitarian problems in the region. That initiative also harms the Geneva discussion process and fuels divisions between the representatives of the various nationalities living in Georgia, Abkhazia and South Ossetia. We strongly urge Georgia and its partners to end that practice of baseless attacks against Tskhinvali and Sukhumi in international forums and, finally, to begin working towards peaceful coexistence, thus showing their will to constructively discuss humanitarian issues. The delegation of the Russian Federation requests a vote on draft resolution A/75/L.99, and we call on all delegations that opposed the politicization of the work of the General Assembly to vote against the draft.

Following instructions from my Government, the delegation of the Republic of Ecuador is taking the floor to explain its vote on this issue. On the issue of displaced persons and refugees from Abkhazia, Georgia, and South Ossetia, Ecuador reiterates its support for compliance with the provisions of the Charter of the United Nations and the corresponding norms of international public law, pursuant to which we condemn all violations of human rights, wherever they happen or against whom they are committed. Ecuador does not prejudge the rights of the parties affected by the conflict around the question of Abkhazia and South Ossetia. Those are regions that have proclaimed their independence and whose independence has been recognized by certain countries. My country recognizes the right of all internally displaced persons and refugees and their descendants, regardless of their ethnic origins, who have had to abandon their homes because of a conflict to return home in peace and security. We urge all parties to respect the human rights and fundamental freedoms of persons and peoples from the regions in conflict, including the effective realization of the right to peace and development, inter alia, the need to respect their right to property and the need for humanitarian assistance to reach them unhindered. Ecuador supports the need for this and all conflicts to be resolved through peaceful means, and we reiterate the need for the replacement of language on accusations and sanctions with language on cooperation and dialogue. My country supports the need to encourage international dialogue in Geneva on security and stability in the Caucasus as the most suitable way of maintaining contacts between Abkhazia, South Ossetia and Georgia, with the mediation of Russia and the United States of America, under the auspices of the United Nations, the Organization for Security and Cooperation in Europe and the European Union. Finally, we urge all parties involved in this conflict to abstain from participating in unilateral actions that could undermine the validity of international public law and weaken multilateral initiatives, which we believe to be the most appropriate means of tackling this problem.

We have heard the last speaker in explanation of vote before the voting. The Assembly will now take a decision on draft resolution A/75/L.99, entitled “Status of internally displaced persons and refugees from Abkhazia, Georgia, and the Tskhinvali region/South Ossetia, Georgia”. I now give the floor to the representative of the Secretariat.

I should like to announce that since the submission of the draft resolution, and in addition to those delegations listed in the document, the following countries have also become sponsors of A/75/L.99: Japan, Liberia, New Zealand and Solomon Islands.

A recorded vote has been requested.

We shall now begin the debate on the item under consideration.

I have the honour to speak on behalf of the Organization for Democracy and Economic Development-GUAM and its member States: Azerbaijan, Georgia, the Republic of Moldova and my own country, Ukraine. This year once again, the GUAM member States are presenting a united position in support of resolution 75/285, entitled “Status of internally displaced persons and refugees from Abkhazia, Georgia, and the Tskhinvali region/South Ossetia, Georgia”. The resolution addresses the issue of protracted displacement in the GUAM area, especially in Georgia, where hundreds of thousands of men, women and children from the Abkhazia and Tskhinvali regions of Georgia have remained forcibly displaced as a result of the conflict and several waves of ethnic cleansing since the early 1990s. As a humanitarian resolution, the text focuses solely on forced displacement and calls for respect for the right to return, property rights and humanitarian access to the affected regions of Georgia. We regret that despite the calls made by the international community, hundreds of thousands of internally displaced persons (IDPs) and refugees from the Georgian regions of Abkhazia and Tskhinvali/ South Ossetia, fleeing from ethnic cleansing, continue to be deprived of their fundamental right to return to their homes in safety and dignity. Moreover, the deterioration of the humanitarian and human rights situation on the ground not only further impedes that return but also poses the imminent threat of a new wave of forced displacement. As highlighted in the Secretary-General’s report A/75/891, no major changes were observed during the reporting period with regard to internally displaced persons and refugees exercising their right to return. The human rights situation in those occupied regions of Georgia remains a cause for serious concern. Illegal detentions and kidnappings along the line adjacent to the occupied territories, intensified ethnically targeted human rights violations, deprivation of the right to life, prohibition of education in the native Georgian language, violations of the right to health, restriction of rights related to freedom of movement, residence, and property, illegally erected razor wire and other artificial obstacles continue to affect the everyday life of the local population. The human rights and humanitarian situation has been further exacerbated owing to the adverse impact of the coronavirus disease pandemic. The situation is particularly alarming given that no international monitoring mechanisms are allowed to monitor the situation on the ground. In that context, we welcome the adoption of the resolutions on cooperation with Georgia by the Human Rights Council that express serious concern over the human rights and humanitarian situation within the Abkhazia and Tskhinvali/South Ossetia regions of Georgia and call for immediate and unimpeded access by the Office of the High Commissioner for Human Rights and other international and regional human rights mechanisms to those territories. We reiterate our support for the process of the Geneva International Discussions, which is a unique platform for participants to discuss security and stability and humanitarian issues, including in relation to the return of refugees and IDPs. We regret the fact that discussions on the most essential humanitarian issue within the discussions have been constantly undermined through concerted disrespect of the issue by the relevant participants. We view the present resolution as an important tool to further encourage the participants in the Geneva International Discussions to redouble their efforts to address the issues within their respective mandate, including the creation of conditions conducive to a voluntary return in safety and dignity. The GUAM member States reiterate their unwavering support for the sovereignty and territorial integrity of Georgia within its internationally recognized borders. The resolution is an opportunity for the States Members of the United Nations to reconfirm our commitment to the fundamental right to the safe and dignified return of IDPs and refugees and express solidarity to forcibly displaced persons around the world. We therefore voted in favour of the resolution and called on others to join us in supporting this cause. With that I conclude my statement on behalf of GUAM. I would like to add some comments in my national capacity. This year the European Court of Human Rights in its ruling unequivocally confirmed the occupation of and exercise of effective control over the Georgian territories by the Russian Federation as well as Russia’s responsibility for the killing, torture, ill-treatment and arbitrary detention of Georgian civilians and military personnel. Ukraine fully condemns those violations and abuses committed by the occupying Power. We are deeply concerned about the lack of progress on substantive issues, in particular internally displaced persons and returnees, the non-use of force and international security arrangements. We strongly condemn the fact that a large number of IDPs have been deprived of the right to return to their homes in a safe and dignified manner. I urge the Russian occupying authorities to end their illegal practices and respect their obligations as an occupying Power under international humanitarian law. I would also like to draw the attention of the States Members of the United Nations that 13 years after the beginning of its aggression and occupation of the Georgian territories, the Russian Federation still refuses to implement the European Union-mediated 12 August 2008 ceasefire agreement, in particular to withdraw its military and security forces and armaments from both regions and to allow the establishment of international security mechanisms on the ground. Ukraine calls upon the Russian Federation to fulfil those obligations and to stop the temporary occupation of the Abkhazia and Tskhinvali/South Ossetia regions of Georgia.

I have the honour to speak on behalf of the Baltic and Nordic States: Denmark, Estonia, Finland, Iceland, Latvia, Norway, Sweden and my own country, Lithuania. The following States — Austria, Bulgaria, the Czech Republic, the Republic of Moldova, the Netherlands, Poland, Romania, Slovakia and Ukraine — align themselves with this statement. First, we avail ourselves of this opportunity to reiterate our strong support for the sovereignty and territorial integrity of Georgia within its internationally recognized borders. Unfortunately, the territorial integrity of Georgia continues to be violated by the Russian Federation, which is occupying the Georgian regions of Abkhazia and Tskhinvali/South Ossetia. It is a deplorable fact that Russia remains in serious breach of the European Union-mediated ceasefire agreement of 12 August 2008 and the implementing measures of 8 September 2008. Russia continues its illegal military presence and activities on Georgian soil and is strengthening its control over parts of Georgia’s territory, as seen, inter alia, from last year’s decision to create a so-called common socioeconomic space between Russia and the Georgian region of Abkhazia. Moreover, in its landmark judgment of 21 January, the Grand Chamber of the European Court of Human Rights clearly stated that while it is in effective control of the illegally occupied Georgian territory, Russia is responsible for the grave human rights violations committed there. It includes the administrative practice of the killing of civilians, torture, inhuman and degrading treatment, violations of the right to liberty and security, as well as violations of the right to freedom of movement and respect for private and family life. That important ruling reminds us that so far, more than a decade after the first adoption of the resolution on internally displaced persons and refugees from Abkhazia and Tskhinvali region/South Ossetia in Georgia, no progress has been achieved with regard to the voluntary, safe, dignified and unhindered return of internally displaced persons (IDPs) and refugees on the basis of international law and internationally recognized principles. Hundreds of thousands of IDPs continue to be deprived of their right to a safe, dignified and voluntary return to their places of origin and their property rights. The same conclusion is drawn in the Secretary- General’s comprehensive report on the implementation of last year’s resolution 74/300, on IDPs and refugees from the Abkhazia and Tskhinvali region/South Ossetia in Georgia (A/75/891). We fully concur with the findings of that thorough analysis. Resolution 75/285, which was adopted today, commits us all to continuing to work to provide protection and assistance to those who have been forcibly displaced from the Abkhazia and Tskhinvali/ South Ossetia regions of Georgia, and to ensure that they are able to exercise their fundamental right to a safe and dignified return. In that context, we commend the continued efforts by the Georgian Government, in close cooperation with international organizations, to implement durable alternative solutions that provide the opportunities for IDPs to integrate locally or, in separate cases, resettle elsewhere in the country, in the absence of the option for IDPs to return to the Abkhazia and Tskhinvali/ South Ossetia regions of Georgia. We also highlight the efforts of the Government to assist the affected population as much as possible by providing free access to health care, education and other social benefits for all residents of Abkhazia and Tskhinvali/South Ossetia. The continually deteriorating human rights situation in those occupied regions of Georgia remains a cause for serious concern. We are deeply concerned by the impunity surrounding the grave human rights violations committed in conflict-affected areas. Kidnappings, arbitrary detentions and arrests, some of them with a lethal outcome, prolonged and unprecedented restrictions on freedom of movement, lack of access to health care and to education in their native language have a direct negative impact on the daily lives of the hundreds of thousands of people affected by that protracted conflict. The process of “borderization” contributes to the further deterioration of the human rights situation in the occupied regions of Georgia. In recent years the situation has been further affected by the coronavirus disease pandemic. The adoption of the resolution on cooperation with Georgia at the forty-sixth session of the Human Rights Council (A/HRC/RES/46/30) clearly demonstrated that the international community remains seized of the matter. The need to address the grave violations of human rights and humanitarian issues faced by the persons forcibly displaced from the Abkhazia and Tskhinvali region/South Ossetia in Georgia was clearly expressed therein. In that context, we remain concerned that over the past several years no international human rights monitoring mechanism has been granted unrestricted access to the regions of Abkhazia and Tskhinvali/South Ossetia. We therefore call for immediate access by the Office of the United Nations High Commissioner for Human Rights and other international and regional human rights mechanisms. We reiterate our support for the process of the Geneva International Discussions and join the Secretary-General’s call to all relevant stakeholders to step up efforts to make tangible progress on key security and humanitarian issues in order to meet the pressing humanitarian concerns of the affected population, including IDPs. We remain concerned about the continued refusal by Russia and participants from Tskhinvali and Sukhumi to engage on the topic of refugees and displaced persons in the Geneva International Discussions, although that topic is at the core of the mandate of the Geneva International Discussions. To conclude, given the lack of progress on the ground, we call for the continuous engagement of the United Nations. As in previous years, we voted in favour of the resolution.

I now give the floor to the observer of the European Union.

I have the honour to speak on behalf of the European Union (EU) and its member States. The candidate countries Turkey, the Republic of North Macedonia, Montenegro and Albania, as well as Ukraine and the Republic of Moldova, align themselves with this statement. The EU reaffirms its firm support for the sovereignty and territorial integrity of Georgia within its internationally recognized borders. The EU remains committed to supporting peacebuilding and conflict resolution in Georgia, including through its co-sponsorship of the Geneva International Discussions and the EU Monitoring Mission on the ground. The EU expresses its deep concern about the state of play in the breakaway regions of Abkhazia and South Ossetia and at the continuous deterioration of the human rights situation in those regions. The EU underlines the importance of the right of refugees and internally displaced persons (IDPs) to choose a durable solution, including a voluntary, safe and dignified return, as well as to be able to exercise property rights. The EU regrets that so far no progress has been achieved on those issues and recalls that addressing issues related to refugees and IDPs is a core task of the Geneva International Discussions. The EU welcomes the progress made by the Georgian Government in respect of durable housing solutions as well as in terms of the socioeconomic integration of IDPs. Likewise, we encourage the Government to address the remaining difficulties with respect to access to drinking and irrigation water, heating and livelihoods, as well as access to social and medical infrastructure.

We have heard the last speaker for this meeting. We will hear the remaining speakers at a date to be announced.