National Human Rights Strategy of Georgia

2014-2020

March 2014

Table of Contents
Table of Contents........................................................................................................................ 2 Introduction.................................................................................................................................. 3 Strategy Development Process....................................................................................................4 Current State of ffairs................................................................................................................ 4 Strategy and !ision...................................................................................................................... " C#anges $ecessary to %nsure &uman 'ig#ts and t#e Continuity of t#e Process........................" To(ards Institutional Democracy.................................................................................................) &uman 'ig#ts*+ased pproac#...................................................................................................) ,oals of t#e Strategy...................................................................................................................Principles %nsuring t#e &uman 'ig#ts.........................................................................................Strategic Directions...................................................................................................................... . /ec#anisms for /onitoring and Implementation........................................................................23

ntro!uction
The state shall recognize and protect universally recognized human rights and freedoms as eternal and supreme human values. While exercising authority, the people and the state shall be bound by these rights and freedoms as directly acting law.
Article 7, Constitution of eorgia

The process of forming a !uropean"style democratic system based upon the principle of the #ule of $aw began in eorgia during the time of the %emocratic #epublic of eorgia &'(')"'(*'+. The '(*' Constitution of eorgia recognized for the first time, certain inalienable human rights and freedoms, such as, e-uality before the law, the abolition of capital punishment, the right to privacy, the right of women to vote, the freedoms of expression and assembly, and the rights of ethnic minorities. The Constitution also covered all rights that were not expressly defined therein, but derived from the principles recognized within the constitutional framewor.. /ignificantly, the current Constitution &in effect since '((0+ builds upon these principles and continues the tradition of focusing on human rights. The Constitution of eorgia 1recognizes and protects universally recognized rights and freedoms as eternal and supreme human values.2 Therefore, 1the people and the state shall be bound by these rights and freedoms as directly acting law.2 3n accordance with the preamble to the Constitution, it is the unwavering will of all eorgian citizens to establish democracy and ensure respect for human rights, not in isolation but in cooperation with other peaceful nations. Therefore, eorgia is a /tate party to all main international and regional agreements and treaties on human rights. 3n addition, Article 4( of the Constitution recognizes those basic human rights that naturally stem from the principles of the Constitution. Thus, universally recognized international human rights principles and norms are inseparable from the legal and political spheres in eorgia. 3n light of the foregoing, respect for human rights in eorgia builds upon constitutional and international standards, principles and norms, the contents and procedural framewor.s of which change and develop according to new international standards and best practices, with the assistance of the Constitutional Court of eorgia and international human rights monitoring bodies. 5owever, a legal framewor. alone does not suffice to ensure the suitable protection of
3

human rights in a state6 the existence of institutions and other bodies with the means of enforcing existing rights and implementing changes signifies a matter of great importance and symbolizes the foremost duty of any democratic nation. With a view to fulfilling this duty the eorgian overnment pronounced the establishment of the 3nteragency Council for 5uman #ights /trategy and Action 7lan, by overnment %ecree '8( &0th 9uly *:'4+. The Council was entrusted to develop the /trategy presented herewith. The 5uman #ights /trategy is based on the concepts of accessibility and realization of the human rights of all eorgian citizens in their daily lives. ;oreover, it outlines the long"term goals and ob<ectives of eorgian government in the area of human rights, with a view to developing a consistent and uniform policy across various sectors and between agencies, in order to achieve the precept of 1good governance2.

Strategy "e#elo$ment %rocess

/tate agencies alongside international and non"governmental organizations were actively involved in the process of developing the strategy. %iscussions also too. place with organizations dedicated to protecting individual human rights. A special website was set up, containing all the relevant information on the strategy development process and on its progression. With the help of this website all interested parties were regularly .ept up"to"date with developments and given the chance to engage in the process by offering their comments and criticisms to the 3nteragency Council.

Current State of &ffairs

After the restoration of independence, /tate organs and national institutions suffered a great deal of degradation in eorgia, before a period of gradual rebuilding could commence. %uring this period, eorgia was able to construct a legislative base upon which to comply, as far as possible, with the prevailing international standards on human rights. %espite this, several shortcomings have been persistently identified by the 7ublic %efender of eorgia &ombudsman+, international, as well as non"governmental organizations. The comprehensive assessment of the != /pecial Adviser on Constitutional and $egal #eforms and 5uman #ights in eorgia, ;r Thomas 5ammarberg>s report, 1 eorgia in Transition2 ', ob<ectively identifies the .ey issues and flaws in the system of protection of human rights in eorgia. The eorgian government wholly bac.s his remar.s and recommendations and strives towards their timely implementation.
1

#ttp011eeas.europa.eu1delegations1georgia1press2corner1all2ne(s1ne(s123131#uman2rig#ts223131#uman 2rig#ts2report223132en.#tm.

3n order to improve human rights protection in eorgia, it is not only necessary to further improve the legislative framewor., but also to ensure the enforcement of existing provisions. Complete and unrestricted accessibility to human rights is constrained by a lac. of awareness of the rights"holder of the means of enforcing these rights on the one hand, as well as the inade-uate fulfillment of human rights duties by government institutions on the other. The wor. on correcting these faults in the human rights dimension has already commenced and is being developed, although the process has not always been as sound and far"reaching as one would hope. ?ey to the effective protection of human rights is the continuous and systematic application of measures by the /tate, in order to accelerate the development process, independent of changes in government and administration.

Strategy an! 'ision

The long"term vision of the /trategy is a eorgia where the respect for human rights represents a common value, shared by all, and where each person has the chance to live a decent and prosperous life. The *:'@"*:*: /trategy will focus on the achievement of the following results in particular, Complete concordance of the legislative and institutional framewor.s with the development path as defined by the /trategy, as well as any re-uirements stipulated in the Action 7lan6

!xtensive education of the public about their human rights and the means by which to enforce them6

!nforcement of the negative and positive obligations that stem from human rights by all public organs.

Changes Necessary to (nsure Human Rights an! the Continuity of the %rocess
7rotection of human rights is a continuous process, necessitating regular legal, institutional and practical changes. These changes must be reflected in the activities of all civil servants, in order the implementation of their human rights obligations, become an intrinsic part of their wor. culture. Aar"reaching legal and institutional reforms, derived from constitutional principles and aimed at building a democratic, social and constitutional state, must be dictated by needs at the local level
"

and ta.e into account national traditions, as well as the re-uirements for maintaining peaceful relations with other nations. 5owever, it is also of great importance that eorgia aspires to the highest possible level of protection of human rights, in full harmony with !uropean standards.

To)ar!s nstitutional "emocracy

The main development path of the reform process is the introduction of 13nstitutional %emocracy2. /ince '((', eorgia has been undergoing a transitional period from an 1!lectoral %emocracy2 B where it is possible to elect and command constitutionally and legally ordained organs of state B to an 13nstitutional %emocracy2, where elected bodies and institutions operate effectively, without the need to be governed by the will of one or another person. 3nstitutional democracy ensures that state organs and civil servants do what is prescribed by law, while individuals follow what is not prohibited at law. The effectiveness and continual growth of state organs is a necessary prere-uisite for ensuring the consistent protection of human rights. The re-uirement of an institutional democracy is one of the main lessons learned by eorgia in the two challenging decades of its maturation into an independent state. Accordingly, the formation and consolidation of institutional democracy is a strategic tas. that re-uires efforts from all three branches of government and society as a whole.

Human Rights-*ase! &$$roach

The overnment of eorgia see.s to apply a human rights"based approach in the drafting of its policies and programs and in their monitoring and assessment. 3n essence, this implies the active involvement of the rights"holders in ma.ing decisions on the development process6 it also serves the purpose of ensuring the accurate implementation and increased transparency and accountability of human rights obligations by elected representatives and civil servants at all levels. A human rights"based approach also attempts to stri.e a balance between genders, through the consideration of the varying needs of men and women in any given situation. Therefore, it is important that ministries, agencies and organizations, introduce and gradually develop their capabilities of applying a human rights"based approach, especially in the planning and provision of public services, thus enhancing the overall process for providers and recipients ali.e. The formulation of policies and programs on a human rights"based approach re-uires the identification of needs of the rights"holders on the one hand, and the corresponding obligations of the duty"bearers on the other, in order to better understand the deep"rooted and structural causes behind the failure to enforce a particular human right.
)

3n the formulation of policies and programs on a human rights"based approach, The capacity of the rights"holders to exert their rights and the ability of the duty"bearer to fulfill their obligations, in accordance with policies, laws, allocation of resources and universal values and practices, will be assessed6

7rocesses and outcomes oriented on human rights and norms, will be closely monitored in order to transform these norms into more practical and detailed standards, the monitoring and implementation of which will become more manageable in the future.

Goals of the Strategy

The main goal of the /trategy is to develop systematic approach in ensuring the implementation of obligations stemming from human rights in everyday life. To this end, representatives of all branches of government, notably of the overnment of eorgia, as well as all officials at the central and local levels must ac.nowledge and fulfill the obligations placed upon them, namely, the constitutional duty to ensure respect for human rights. The /trategy aims to ensure that every person in eorgia understands the essence of his or her rights and is capable of enforcing these rights in practice, with a view to ensuring their own as well as others> well"being and chance at a decent life. !nsuring respect for human rights should not only depend on the good will of the state authorities. 3nstead, every person should strive to defend his or her rights within the acceptable legal and institutional norms, but also abstain from reconciling with any violation of these rights. The /trategy is designed to promote the emergence of free, independent, and active citizens, who are aware of their role in a democratic state B both in exerting their rights, as well as fulfilling their obligations. The authorities must therefore, ta.e appropriate measures to ensure the active engagement of its citizens in the defense of their personal rights, which will also have a beneficial effect on the progression of democracy in the country.

%rinci$les (nsuring the Human Rights

!nsuring human rights is the unwavering will of all eorgian citizens and a principle recognized at the constitutional level, compelling all current and future governments. 3t implies the fulfillment of four types of duties, '. 3nviolability of human rights by the state6
-

*. 7rotection of human rights from violations by other persons6 4. %eveloping the system that will enable people to enforce their rights6 @. Ade-uate awareness raisin of people about their rights.

The fulfillment of these duties will protect people from any violations of their rights committed by public agencies. 3t also defines standards of relation and interaction between individuals. Within this framewor., any person is entitled to en<oy his or her rights, though not when this comes at an expense of the rights of others. 3n addition, safeguarding human rights is a prime concern for any state6 conse-uently, the overnment of eorgia has underta.en an obligation to prioritize the protection of human rights in the country6 at the same time however, it ought to be recognized that this reform process must be independent of any changes in government, in order to ma.e it continuous and more sustainable. 3t is necessary to fulfill obligations relating to all universally recognized human rights, for all people, with respect, e-uality and free from any forms of discrimination. 3n the protection of human rights the recommendations of the 7ublic %efender, international and non"governmental organizations, as well as decisions made by the !uropean Court of 5uman #ights, must be ta.en into account. These bodies, along with special agencies set up by the eorgian legislation, must also ta.e part in overseeing the government>s responsibility and accountability in the process. 3n order to counteract violations of human rights, the state must implement effective, preventative measures. /pecial emphasis must be placed on the inadmissibility of human rights violations and the awareness of the public must be raised on the necessary redress to all such violations. Thus, the education system must provide for the opportunity to receive both formal and non"formal education on human rights matters, which will also precipitate greater inclusivity in the process and give rights"holders a chance to participate and express their views more openly.

Strategic "irections
With a view to achieving the vision and goals set out above, the /trategy envisages legislative, institutional, and practical changes. Cn the basis of the recommendations of the 7ublic %efender, international and non" governmental organizations, as well as Thomas 5ammarberg>s report on eorgia>s
.

achievements and challenges in the field of human rights, the following have been prioritized for *:'@"*:*:,

1+ %erfection of Criminal ,egislation an! $romoting the $rinci$le of e-uality of arms

the Goal

Adopt criminal legislation, meeting all relevant international standards of human rights and ensuring the genuine e-uality of parties.

Tasks

a+ 7roceed with criminal <ustice reform, aiming at introducing relevant changes in 7enal Code and Criminal 7rocedural Code of eorgia6 b+ Ta.ing on board 1the best practices2, examples and international standards6 c+ /imultaneous to legislative changes, raise the capacity of lawyers, investigatory bodies and <udges6 d+ !nsure the relevance and proportionality of sanctions for the actions committed by individuals

2+

m$ro#e! $rotection of the right to fair trial through $romoting continuous .u!iciary reform

The goal

%eveloping effective <udiciary and within it framewor. ensure the effective en<oyment of the right to fair trial along with all related procedural rights. Achievement of this goal is
4

available through implementing wide scale reform in <udiciary sector covering the guarantees of independence of <udges as well as developing effective system for conducting investigation and proceedings.

Tasks a+ To implement the reform of <udiciary to guarantee the independence of <udiciary system, on institutional level, as well as ensure impartiality of individual <udges6 b+ To revise relevant rules pertaining to appointment and promotion of <udges as well as allocation of cases to <udges6 c+ To ensure the transparency and accountability of <udiciary and its relevant activities, through protecting its independence6 d+ To ensure effective participation of <udges in the management of <udiciary system e+ To conduct <udiciary reform transparently through availing <udiciary and civil society to participate in it6

/+ Reform of %rosecutor0s 1ffice aiming at ensuring the con!uct of criminal $rosecution base! on human rights2 fairly2 effecti#ely2 trans$arently an! in!e$en!ently+

The goal

%evelop the system within the prosecution service, that will be in position to conduct independent, ob<ective, effective and transparent criminal prosecution and will be oriented on human rights protection.

Tasks

a+ To revise the mechanism of control on prosecution service to ensure its compliance with international standards6
13

b+ To establish forms of activities, being in compliance with international standards, and continuous raising of capacity of prosecutors6 c+ To ensure transparency of prosecution service and its accountability vis a vis society6 d+ To ensure independence of criminal prosecution6 e+ To propose imposition of preventive measure being proportional to the act committed by individual.

4+

m$ro#ing the stan!ar!s of crime $re#ention an! effecti#e in#estigation in la) enforcements2 $romoting the res$ect for human rights an! ensuring their com$liance )ith international stan!ar!s

The goal

!radication of crimes within the law enforcements and effective reaction on each and every instance. Aurthermore, ensuring the compliance of law enforcement activities with international standards and ta.ing on board all related human rights protection standards.

Tasks a+ To develop the system of control of law enforcement representatives, which would ensure the conduct of impartial and effective supervisory control6 b+ To ensure transparency of law enforcement organs as well as their accountability to the society6 c+ To ensure that arrest of individuals by law enforcements and protection of their rights, is conducted in compliance with international standards6 d+ To ensure continuous raising of capacity of law enforcements

11

3+ (stablishment of a $enitentiary system2 being in com$liance )ith international stan!ar!s The goal

!stablishment of penitentiary system, being in compliance with international standards, further improvement of prison conditions at penitentiary, providing to prisoners effective and timely access to healthcare, promoting the process of re"socialization of probationers and former prisoners.

Tasks

'. To improve the system of complaints and investigation of those complaints aiming at ensuring its ade-uacy and efficiency6 *. Continuous efforts towards ensuring the security of prisoners6 4. 7ermanent care towards conditions6 improvement of penitentiary infrastructure and prison

@. %evoting utmost attention to ensure ade-uate access to healthcare for those at penitentiary establishment6 0. !stablishing an effective public monitoring mechanism6 8. 3ntroducing gender sensitive attitudes6 7. %eveloping of rehabilitation"resocialization programs for convicted persons and former prisoners

12

4+

m$lementation of effecti#e measures against torture an! !egra!ing treatment2 inter alia trans$arent an! in!e$en!ent in#estigation

The goal

To develop the system, that would secure the prevention of torture and other forms of ill" treatment, conduct of effective investigation and protection and rehabilitation mechanisms for victims of torture and ill treatment.

Tasks

a+ %eveloping the system, that would ensure the prevention of torture and other forms of ill treatment as well as timely, comprehensive and effective investigation of facts of torture and ill treatment6 b+ %eveloping of effective mechanism against torture and other forms of ill treatment, that would elaborate and conduct systematic approach to the problem6 c+ 3mplementing effective measures to ensure the prevention of acts of torture and ill treatment committed at penitentiary establishments, or by law enforcement officials or any other public official. !nsuring the institution and conduct of timely, impartial and comprehensive investigation on each and every fact of improper conduct. d+ !xistence of effective rehabilitation mechanisms for victims of torture and ill treatment6 e+ Timely and effective informing of society towards prohibition, prevention and investigation of the facts of torture and other forms of ill treatment.

5+ "e#elo$ing of a .u#enile .ustice system in com$liance )ith international stan!ar!s that )ill foresee the nee!s an! the best interests of all chil!ren2 inclu!ing those in conflict )ith la)2 #ictims an! )itnesses2 as )ell as chil!ren in ci#il an! a!ministrati#e $roce!ures
13

The goal 3ntroducing of sophisticated and effective <uvenile <ustice system in eorgia, being oriented on protection of the best interest of <uvenile in criminal, administrative and civil proceedings.

Tasks a+ 7rotection of the best interests of <uveniles while implementing any reform or measure6 b+ %eveloping child oriented attitudes towards any <uvenile, who has confronted with the <ustice system, inter alia elaboration of specific legislation, raising the -ualification of those wor.ing in <udiciary on <uveniles related issues, establishing child oriented environment6 c+ /trict segregation of <uvenile prisoners from adult prisoners being conducted in accordance with international standards6 d+ %eveloping and broadening of preventive measures6 e+ !ffective implementation of measures aimed at re"socialization and rehabilitation of <uvenile convicts and former prisoners f+ Aoreseeing at maximum extent of alternative preventive measures &other than detention+ 6 g+ !nsuring -ualitative education for <uveniles being in prison or under arrest. h+ 7rovision of trainings, ad<usted to the needs of the <uvenile offenders, to everyone having relation with <uvenile offenders at any stage of the <ustice process.

6+ (nsuring the right to $artici$ate in social an! $olitical life through further refinement of electoral en#ironment an! !e#elo$ment of $ublic ser#ices+ Goals

14

!nsuring active participation of eorgian population in social and political life without any discrimination, establishment of electoral system conducive to fair and free elections through further refinement and realization of legislative norms6 provision of guarantees to ensure e-ual opportunities for all political parties and participation in the elections without any impediment6 re"structuring of the public services, its de"politicization and increase of accountability.

Tas7

a+ 7rovision of e-ual rights to everybody for ta.ing part in the elections in accordance with the legislation and by providing opportunities to express one>s will freely 6 b+ ;a.ing fair, ob<ective and e-ual environment available for every political party at any stage of the electoral process 6 c+ Transparency of the financing system for political parties 6 d+ !nsuring involvement of nationalDethnic minorities in political processes6 e+ %e"politicization of public service at central as well as at local levels6 f+ #ecruitment of civil servants on the basis of ob<ective and transparent competition processes, adhering to the principle of meritocracy. g+ !limination of circumstances, facilitating discrimination on any grounds, in political processes and public service. 8+ (stablishment of high stan!ar!s for $rotection of the right to $ri#ate life Goal !nsuring implementation of international standards for protection of the right to private life and personal data Tasks a+ $egislation regulating the right to private life and relevant monitoring system should be brought in line with international as well as !uropean standards6 b+ Continuous re"trainings of the employees of investigative organs should be conducted in order to avoid violation of the right to private life from their side6 c+ Awareness"raising activities on protection of the right to privacy and protection of the personal data should be conducted among civil society members6
1"

d+ Eecessary conditions for effective functioning of supervisory mechanisms and relevant bodies responsible for protection of personal data should be established. 10+ (stablishment of high stan!ar!s for $rotection of the right to $eaceful assembly9the right to free!om of association an! free!om of e:$ression Goal The right to freedom of expression is ensured in accordance with international human rights law as well as environment conducive to realization of the right of association is established, ensuring freedom of media and protection of <ournalists from interference into their professional activities, protection of the participants of the manifestation and assemblies and fulfillment of positive and negative obligations by the state. Task a+ !limination and prevention of the facts hampering effective en<oyment of the right to freedom of expression6 b+ !verybody should have access to public information6 c+ !nsuring that the law"enforcement bodies react to the facts related to violation of the right to freedom of association and manifestation and properly discharge positive obligations incumbent on the state.

11+ (nsuring reali;ation of the right to free!om of thought2 conscience an! religion .

Goal

!nsuring the right to freedom of thought and religion in order to protect their convictions as well as to ensure the ways for expression of freedom to manifest one>s beliefs.
1)

Tasks a+ Ta.ing effective measures in order to prevent discrimination and to eliminate its conse-uences. b+ 7rovision of opportunities for religious organizations to conduct their activities without any impediments6 c+ 7revention and effective investigation of crimes committed on the ground of religious intolerance.

12+ Non-!iscrimination an! $rotection of the rights of the minorities Goal !stablishment of high standards of tolerance in the society, prevention of the discrimination of any type and elimination of the conse-uences of already committed discriminatory behavior, as well as effective investigation of the relevant criminal acts and integration of minorities in the conduct of public affairs . Tasks a+ Ta.ing effective preventive measures6 b+ 7rohibition of discrimination on any ground in public as well as in private sector6 c+ Combating discrimination on the basis of sexual orientation or gender identity 6 d+ Ta.ing relevant measures in relation to any act of discrimination, thus eliminating conse-uences of discrimination. e+ 7rovision of reparationDremedy for the victims of discrimination6 f+ Continuing actions for improvement of .nowledge of the representatives of nationalDethnical minorities6 eorgian language among

g+ ?eeping up relevant efforts in order to encourage participation of the national minorities in social, economical and cultural life of the country6 h+ Conduct of awareness"raising activities on the issues related to e-uality and tolerance.
1-

1/+ Reali;ation of the rights of the chil!ren by im$ro#ing $rotection an! assistance systems2 !e#elo$ment of social ser#ices2 re!uction of chil!ren0s $o#erty an! mortality rate an! ensuring a!e-uate e!ucation+ Goal 3mprovement of children>s protection F assistance, development of social protection system, reduction of poverty and mortality as well as provision of ade-uate education. Tasks a+ Ta.ing into account 1the best interests of child2 while ta.ing decisions with regard to children6 b+ 7rotection of the children from any type of violence and effective and prompt remedy on the facts of violence6 c+ %evelopment of the health protection system for the children6 d+ %evelopment of the social service systems for the children6 e+ %eveloping the education system which provides opportunities for getting effective education, also for children with special needs6 f+ 7rovision of effective measures for social integration and rehabilitation of vulnerable children from various social bac.grounds6 g+ !stablishment of child"oriented monetary assistance 6 h+ #aising and development of children in family or family"type environment. i+ Ta.ing relevant measures for ensuring health life style.

14+ (nsuring gen!er e-uality2 $rotection of )omen0s rights an! $re#ention of !omestic #iolence+ Goal !nsuring gender e-uality, protection of women>s rights, prevention of domestic violence and elimination of its conse-uences. Tasks
1.

a+ 7rovision of effective measures in all spheres of the society, especially by authorities in their political activity for ensuring gender e-uality. b+ Ta.ing prompt and effective measures about every single fact of violation of the gender e-uality. c+ Gringing in line with international standards current mechanisms and legislation for prevention of domestic violence and protection of victims6 d+ Conducting awareness"raising campaigns on gender e-uality and domestic violence among civil servants 6 e+ !nsuring access to shelter, psycho"social rehabilitation resources F legal protection for the victims of the violence

13+ %ro#ision of e-ual rights for the $ersons )ith !isabilities by a!hering to the $rinci$le of reasonable a!.ustment+ Goal 7rovision of e-ual opportunities to the persons with disabilities and their full involvement in the conduct of public affairs. Tas7s a+ 7rotection of the rights of persons with disabilities on the basis of reasonable ad<ustment principle, ta.ing into account their needs and re-uirements. b+ 7rotection of the dignity of the persons with disabilities, their involvement in the decision"ma.ing process and encouragement of independent living. c+ Aull involvement of the persons with disabilities in the conduct of public affairs. d+ 7rovision of support for the employment of the persons with disabilities6 e+ Access to public services and transportation facilities for the persons with disabilities f+ Conducting awareness"raising activities on the issues related to persons with disabilities.

14+ %rotection of the rights of internally !is$lace! $ersons an! $ersons li#ing alongsi!e the occu$ie! territories Goal
14

3mprovement of the social standingDconditions of internally displaced persons and persons living at the occupied territories, provision of ade-uate living conditions and their integration. Also ta.ing all possible measures for returning the 3%7s to places of their permanent residence , among them using bilateral and multilateral international legal instruments. Tas7s a+ Ta.ing all possible measures for returning the 3%7s to the places of their permanent residence, that constitutes their integral right. b+ 7rovision of effective measures for improvement of living and social conditions of the 3%7s and persons living along occupied territories. c+ 7roviding opportunities to 3%7s and persons living along occupied territories for ta.ing informed decisions and expressing their views.

15+ To ta7e all $ossible measures for $rotection of the rights of $ersons li#ing on occu$ie! territories of Georgia using bilateral an! multilateral international legal instruments+ Goal 7romotion of the human rights of persons living on occupied territories and ta.ing all actions available to the state of eorgia for fulfillment of positive obligations for protection of their fundamental rights and liberties. Tas7s Ta.ing all possible measures by eorgia for protection of the rights of persons living on occupied territories through available bilateral and multilateral international legal instruments

16+ ntro!ucing higher stan!ar!s of $rotection of the right to $ro$erty Goal 3ntroducing of higher standards for the protection of the right to property. Tas7s a+ perfection of legislative and institutional mechanisms for the protection of the right to property6 b+ Adhering to international standards during expropriation performed due to public needs.
23

c+ A decision by the proprietor on having or refusing to have legal title to plot of land should be made in accordance with legislation after thorough investigation of each case.

18+ %rotection of labor rights in accor!ance )ith international stan!ar!s Goal Gringing the labor legislation in accordance with international standards and protection of labor rights on the basis of the legislation. Tasks a+ to bring the labor legislation in accordance with international standards6 b+ to effectively implement the labor legislation6 c+ to ma.e institutional mechanisms for protection of labor rights.

20+ Ta7ing effecti#e measures for ensuring en.oyment of the right to health2 es$ecially for #ulnerable grou$s+

Goal Ta.ing effective measures for ensuring en<oyment of the right to health, especially for vulnerable groups.

Tasks a+ ;aximum concentration of resources available to the state for the en<oyment of the right to health6 b+ !n<oyment of the right to health without any discrimination c+ 3mplementation of effective actions so that vulnerable groups can access health care services. 21+ "ischarging the obligations stemming from the right to a!e-uate housing The Goal
21

To discharge obligations stemming from the right to ade-uate housing and eradication of the problem of vagrancy Tasks a+ ;aximum concentration of state available resources to ensure ade-uate housing6 b+ To ensure the right to ade-uate housing without discrimination6 c+ 3mplementation of effective measures for vulnerable groups to ensure their access to ade-uate housing6 d+ Aor the purpose of effective ensuring of the right to ade-uate housing, introducing of legislation and state housing system, being in compliance with international standards, that will foresee the interests of all groups6 e+ %eveloping the list and data base of vagrants6 f+ !nsuring minimum conditions for housing.

22+ (nsuring the rights of migrants an! those a)ar!e! )ith shelter

The Goal /ocial protection of migrants, their protection from discrimination and ensuring their labor rights, furthermore improving services for migrants, inter alia improving reintegration services for emigrants and their protection from traffic.ing6 protection of rights foreseen under eneva '(0' 1Convention #elating to the status of #efugees2. Tasks a+ Adopting effective measures for the purpose of effective implementation of migration strategy and action plan6 b+ 7revention of unlawful migration6 c+ 7revention of traffic.ing of migrants, proactive identification of the victims of traffic.ing and providing ade-uate assistance6 d+ Adopting relevant measures to ensure effective realization of right to healthcare and education for persons being awarded with shelter6 e+ 7rotecting the right to movement of individuals being awarded with shelter.
22

Mechanisms for Monitoring an! m$lementation

Aiming the achievement of the goals defined by the /trategy, the development of the 5uman #ights Action 7lan of the overnment of eorgia is underway B setting out various activities, timeframes, indicators and the institutions responsible for the implementation of such activities for *:'@"*:*:. Throughout this period, institutions responsible for the implementation of the activities set out in the Action 7lan will be re-uired to submit annual reports to the Administration of the overnment of eorgia6 this will, in turn, enable the Administration to better monitor the development process and to carry out regular chec.s on whether the Action 7lan is being effectively enforced. The Administration of the overnment will then gather this information for presentation to the 7arliament in a summary performance report. The summary performance report must reflect the outcomes of the periodic monitoring of the implementation of the Action 7lan and should contain relevant recommendations. The -ualitative criteria for the assessment of the implementation of the Action 7lan must build upon general and thematic reports by the 7ublic %efender and non"governmental and international organizations operating within eorgia. eneral and thematic human rights opinions expressed by these entities at the beginning of the reporting period, as well as after the completion thereof, must be ta.en into consideration. 3n order to assess the implementation of the Action 7an against -uantitative criteria, the Administration of the overnment and relevant bodies of the executive branch will cooperate with the Cffice of 7ublic %efender of eorgia and interested non"governmental and international organizations to develop and present to the 7arliament relevant thematic parameters that will identify the progressive and problematic aspects in the implementation of the Action 7lan. After the completion of the term of the *:'@"*:*: Action 7lan, a new action plan will be developed in accordance with the assessment criteria described above.

23

24