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  • Ossetia's Abandoned Refugees

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    OSSETIA'S ABANDONED REFUGEES
    [05:18 pm] 07 April, 2007

    Ossetian refugees who fled their homes a decade and a half ago have
    not even heard of a Georgian law that could give them compensation

    By Alan Tskhurbayev in Prigorodny District and Dmitry Avaliani in
    Tbilisi

    Marina Pukhayeva has lived in the Prigorodny district of North Ossetia
    for 16 years since she and her family fled the Akhmeta region of
    Georgia following the conflict in South Ossetia. The house she left
    behind in Georgia was later burned to the ground.

    The Pukhayevs now live in a makeshift house on a former pig
    farm. Around 50 other Ossetian refugee families from Georgia live on
    the same settlement, consisting of rickety structures in the middle of
    an enormous field.

    A rough dirt track runs for about a kilometre to the nearest village,
    Kambileevka. To get to school in the district centre, the children who
    were born and grew up here have to walk much further than that.

    The settlement has no sewage system here and no gas, so in winter
    people heat their homes with firewood. The water they collect from an
    outside standpipe often contains sand or even small fish.

    This is a hidden place that few people know about. One local person
    told IWPR that the local office of the Russian security service, the
    FSB, had a designated officer whose job it was to stop foreign
    journalists visiting the settlement.

    In the 16 years the refugees have been here, they say they have never
    received any assistance from government agencies. Local and
    international charitable organisations give occasional help.

    On January 1, 2007, a new restitution law came into force in Georgia,
    promising compensation for refugees who suffered losses as a result of
    the conflict in South Ossetia of 1990-92, which ended in South Ossetia
    de facto seceding from Georgia.

    However, implementation of the law, which would dramatically improve
    the lives of the refugees, is still far off, as the two sides have
    failed to set up a commission which would allocate the compensation
    money.

    The de facto authorities in South Ossetia have called the law a "PR
    action" and complained that they were not consulted when it was drawn
    it up.

    Georgia's government did not provide for the compensation payments in
    its 2007 budget and appears to be waiting for as yet unspecified
    assistance from the international community.

    And the refugees themselves, the intended beneficiaries of the scheme,
    say they have not even heard of it.

    According to official Georgian data, 60,000 Ossetians fled South
    Ossetia and other parts of Georgia as a result of the conflict. Most
    are now resident in North Ossetia, on the Russian side of the border.

    The law, passed in a third reading by the Georgian parliament on
    December 28, states that anyone - whatever their nationality - who
    lost property as a result of the conflict is entitled to compensation
    in the form of property or the equivalent monetary value.


    The law stipulates that a tripartite commission consisting of
    Georgians, South Ossetians and representatives of international
    organisations should be set up to look at applications submitted by
    people claiming compensation.

    Anyone with a relevant claim is entitled to apply to the commission
    within a seven-year period after it is set up. The commission is
    supposed to rule on applications within six months, and pay out
    compensation within a year of its decision.

    However, officials in the Georgian justice ministry which drew up the
    law cannot say when compensation can actually be paid out.

    In an interview with IWPR, Justice Minister Giorgi Kavtaradze blamed
    the de facto South Ossetian authorities for showing no interest in
    either the law or the commission.

    "We presented the draft law to the authorities in South Ossetia
    several times," said Kavtaradze. "We also handed it over through
    international organisations. They merely sent us a written statement
    saying they didn't like the bill's title, and it all ended there."

    Boris Chochiev, acting deputy prime minister of South Ossetia, told
    IWPR he was unimpressed with the bill. "There's nothing we can do
    with it," he said by telephone.

    Chochiev said the law had been devised without his administration's
    involvement and had not taken Council of Europe advice into account.

    "This is not a law about the return and welfare of refugees, but about
    how not to return refugees and give them compensation," said Chochiev.

    "How can we talk about the return and welfare of refugees when even
    now we are registering [Ossetian] refugees from Georgia? It would be
    better if Georgia had given a political verdict on its own policy
    towards Ossetians, which has not yet changed."

    Relations between the breakaway republic and Tbilisi are currently
    very tense and negotiations are stalled on a way forward in the
    dispute.

    Despite the reaction from South Ossetia, Kavtaradze said that the
    commission could still be formed without South Ossetian
    involvement. But he said the agreement of international organisations
    was needed before restitution money could be allocated from the state
    budget.

    "The appropriate sums will be allocated from the budget after the
    commission starts working," he told IWPR.

    Asked what sums would be paid out, Kavtaradze replied, "This is a case
    when it's impossible to make a preliminary financial calculation. We
    don't know how many people will apply to us, we don't know the market
    value of the property at the time of the appeal, and we don't know how
    much the price of property in South Ossetia will rise as a result of
    this process.

    "We are talking about billions," he added. "Millions won't be enough
    for this."

    Kavtaradze said Georgia was planning to hold an international donor
    conference to raise the money.

    The international community has been encouraging Georgia to take this
    step. Last spring legal experts from the Venice Commission of the
    Council of Europe held consultations with non-governmental
    organisations in South Ossetia and made recommendations to the
    Georgian drafters of the bill.

    Kavtaradze said a delegation from his ministry had met refugees in the
    North Ossetian capital, Vladikavkaz, at a seminar arranged with
    British mediation.

    "Our delegation came away with very strong impressions - they came
    back convinced that it [compensation plan] had evoked great interest
    among refugees living there," he said.

    However in North Ossetia's Prigorodny region, where Ossetian refugees
    from south of the border live in large numbers, no one whom IWPR spoke
    to had been told about the Georgian law, and people sounded
    distrustful of it.

    "I haven't heard anything about it and I'll never believe that Georgia
    can help us in any way," said Merab Lazarayev, one refugee.

    Lazarayev, who walks with a limp as the result of a wound sustained in
    the conflict, shouted out in indignation, "Look how we live here. Tell
    me, can people live here? In this mud? I don't even have a passport;
    it got lost, and now they will ask for an identity document from
    Georgia. I'm an invalid and I haven't received a kopek from anyone in
    all this time."

    North Ossetia's migration service has almost 18,000 refugees on its
    register. Alexander Shanayev, head of the service's department for
    displaced people and refugees, said housing is the biggest problem.

    "Today we have 4,275 families in a queue to receive housing," Shanayev
    told IWPR. "Last year, just one housing voucher was handed out and
    this year there will be another one. So at this rate, to satisfy
    everyone we'd need 4,275 years. And our migration service can't do
    anything about it because that is the level of funding from the
    [Russian] federal budget."

    IWPR requested a comment from the North Ossetian government both on
    the situation facing the refugees and on the Georgian restitution
    law. However, despite repeated approaches to deputy nationalities
    minister Soslan Khadikov, he did not respond to questions.

    The refugees are not just fed up with their basic living conditions,
    they are also fearful of being evicted from their current
    housing. Several of the refugees said they had recently received a
    visit from strangers telling them that they would have to leave their
    houses by April as the land had been leased by local businessmen.

    Sonya Tedeyeva is 75, and comes originally from the Georgian village
    of Tetritskaro. Her husband died not long after the South Ossetian
    conflict and was buried in Georgia. She said that his gravestone was
    stolen and his body dug up. His relatives then brought his body with
    them to North Ossetia for reburial.

    Tedeyeva, wearing black clothing and headscarf, invited IWPR's
    contributor into her one-room house, which contains just a bed, a
    table and a stove, and has bare electrical wires poking out of the
    walls. In Georgia, she used to own a large house.

    "Aren't you sorry for us? In 17 years no one has helped us at all,"
    she said.

    Alan Tskhurbayev is a correspondent for Gazeta.ru in North
    Ossetia. Dmitry Avaliani works for 24 Hours newspaper in Tbilisi.

    This article is the first to be commissioned as part of an ambitious
    new IWPR project, the Cross-Caucasus Journalism Network, which is
    bringing together 50 journalists from all parts of the Caucasus for
    meetings and collaborative work over a three-year period. The project
    is funded by the European Union.

    Institute for War and Peace Reporting's Caucasus Reporting Service
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