Strategy Eng Bb

National Human Rights Strategy of Georgia

2014-2020

March 2014

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Table of Contents

Introduction....................................................................................................................................................3

Strategy Development Process......................................................................................................................4

Current State of Affairs..................................................................................................................................6

Strategy and Vision........................................................................................................................................7

Changes Necessary to Ensure Human Rights and the Continuity of the Process......................................7

Towards Institutional Democracy..............................................................................................................8

Human Rights-Based Approach................................................................................................................8

Goals of the Strategy......................................................................................................................................9

Principles Ensuring Human Rights..............................................................................................................10

Strategic Paths..............................................................................................................................................11

Mechanism for Monitoring and Implementation.........................................................................................12

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Introduction

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 Georgia

The process of forming a European-style democratic system based upon the principle of the Rule of Law began in Georgia during the time of the Democratic Republic of Georgia (1918-1921). The 1921 Constitution of Georgia recognized for the first time, certain inalienable human rights and freedoms, such as: equality 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 framework. Significantly, the current Constitution (in effect since 1995) builds upon these principles and continues the tradition of focusing on human rights. The Constitution of Georgia “recognizes and protects universally recognized rights and freedoms as eternal and supreme human values.” Therefore, “the people and the state shall be bound by these rights and freedoms as directly acting law.”

In accordance with the preamble to the Constitution, it is the unwavering will of all Georgian citizens to establish democracy and ensure respect for human rights, not in isolation but in cooperation with other peaceful nations. Therefore, Georgia is a State party to all main international and regional agreements and treaties on human rights. In addition, Article 39 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 Georgia.

In light of the foregoing, respect for human rights in Georgia builds upon constitutional and international standards, principles and norms, the contents and procedural frameworks of which change and develop according to new international standards and best practices, with the assistance of the Constitutional Court of Georgia and international human rights monitoring bodies. However, a legal framework alone does not suffice to ensure the suitable protection of

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human rights in a state; 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 Georgian Government pronounced the establishment of the Interagency Council for Human Rights Strategy and Action Plan, by Government Decree 169 (5th July 2013). The Council was entrusted to develop the Strategy presented herewith.

The Human Rights Strategy is based on the concepts of accessibility and realization of the human rights of all Georgian citizens in their daily lives. Moreover, it outlines the long-term goals and objectives of Georgian 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 “good governance”.

Strategy Development ProcessState agencies alongside international and non-governmental organizations were actively involved in the process of developing the strategy. Discussions also took 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 kept up-to-date with developments and given the chance to engage in the process by offering their comments and criticisms to the Interagency Council.

Current State of AffairsAfter the restoration of independence, State organs and national institutions suffered a great deal of degradation in Georgia, before a period of gradual rebuilding could commence. During this period, Georgia was able to construct a legislative base upon which to comply, as far as possible, with the prevailing international standards on human rights. Despite this, several shortcomings have been persistently identified by the Public Defender of Georgia (ombudsman), international, as well as non-governmental organizations.

The comprehensive assessment of the EU Special Adviser on Constitutional and Legal Reforms and Human Rights in Georgia, Mr Thomas Hammarberg’s report: “Georgia in Transition” 1, objectively identifies the key issues and flaws in the system of protection of human rights in Georgia. The Georgian government wholly backs his remarks and recommendations and strives towards their timely implementation. 1http://eeas.europa.eu/delegations/georgia/press_corner/all_news/news/2013/human_rights_2013/ human_rights_report_2013_en.htm.

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In order to improve human rights protection in Georgia, it is not only necessary to further improve the legislative framework, but also to ensure the enforcement of existing provisions. Complete and unrestricted accessibility to human rights is constrained by a lack of awareness of the rights-holder of the means of enforcing these rights on the one hand, as well as the inadequate fulfillment of human rights duties by government institutions on the other.

The work 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. Key to the effective protection of human rights is the continuous and systematic application of measures by the State, in order to accelerate the development process, independent of changes in government and administration.

Strategy and VisionThe long-term vision of the Strategy is a Georgia 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 2014-2020 Strategy will focus on the achievement of the following results in particular:

Complete concordance of the legislative and institutional frameworks with the development path as defined by the Strategy, as well as any requirements stipulated in the Action Plan;

Extensive education of the public about their human rights and the means by which to enforce them;

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

Changes Necessary to Ensure Human Rights and the Continuity of the ProcessProtection 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 work culture.

Far-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 take into account national traditions, as well as the requirements for maintaining peaceful

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relations with other nations. However, it is also of great importance that Georgia aspires to the highest possible level of protection of human rights, in full harmony with European standards.

Towards Institutional DemocracyThe main development path of the reform process is the introduction of “Institutional Democracy”. Since 1991, Georgia has been undergoing a transitional period from an “Electoral Democracy” – where it is possible to elect and command constitutionally and legally ordained organs of state – to an “Institutional Democracy”, where elected bodies and institutions operate effectively, without the need to be governed by the will of one or another person. Institutional 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 prerequisite for ensuring the consistent protection of human rights. The requirement of an institutional democracy is one of the main lessons learned by Georgia in the two challenging decades of its maturation into an independent state. Accordingly, the formation and consolidation of institutional democracy is a strategic task that requires efforts from all three branches of government and society as a whole.

Human Rights-Based ApproachThe Government of Georgia seeks to apply a human rights-based approach in the drafting of its policies and programs and in their monitoring and assessment. In essence, this implies the active involvement of the rights-holders in making decisions on the development process; 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 strike 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 alike.

The formulation of policies and programs on a human rights-based approach requires 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.

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In 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 assessed;

Processes 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 StrategyThe main goal of the Strategy 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 Government of Georgia, as well as all officials at the central and local levels must acknowledge and fulfill the obligations placed upon them, namely, the constitutional duty to ensure respect for human rights. The Strategy aims to ensure that every person in Georgia 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.

Ensuring respect for human rights should not only depend on the good will of the state authorities. Instead, 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 Strategy is designed to promote the emergence of free, independent, and active citizens, who are aware of their role in a democratic state – both in exerting their rights, as well as fulfilling their obligations. The authorities must therefore, take 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.

Principles Ensuring the Human Rights

Ensuring human rights is the unwavering will of all Georgian citizens and a principle recognized at the constitutional level, compelling all current and future governments. It implies the fulfillment of four types of duties:

1. Inviolability of human rights by the state;2. Protection of human rights from violations by other persons;3. Developing the system that will enable people to enforce their rights;

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4. Adequate 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. It also defines standards of relation and interaction between individuals. Within this framework, any person is entitled to enjoy his or her rights, though not when this comes at an expense of the rights of others.

In addition, safeguarding human rights is a prime concern for any state; consequently, the Government of Georgia has undertaken an obligation to prioritize the protection of human rights in the country; 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 make it continuous and more sustainable.

It is necessary to fulfill obligations relating to all universally recognized human rights, for all people, with respect, equality and free from any forms of discrimination. In the protection of human rights the recommendations of the Public Defender, international and non-governmental organizations, as well as decisions made by the European Court of Human Rights, must be taken into account. These bodies, along with special agencies set up by the Georgian legislation, must also take part in overseeing the government’s responsibility and accountability in the process.

In order to counteract violations of human rights, the state must implement effective, preventative measures. Special 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 Directions

With a view to achieving the vision and goals set out above, the Strategy envisages legislative, institutional, and practical changes.

On the basis of the recommendations of the Public Defender, international and non-governmental organizations, as well as Thomas Hammarberg’s report on Georgia’s achievements and challenges in the field of human rights, the following have been prioritized for 2014-2020:

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1. Perfection of Criminal Legislation and promoting the principle of equality of arms

the Goal

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

Tasks

a) Proceed with criminal justice reform, aiming at introducing relevant changes in Penal Code and Criminal Procedural Code of Georgia;

b) Taking on board “the best practices”, examples and international standards;c) Simultaneous to legislative changes, raise the capacity of lawyers, investigatory bodies

and judges;d) Ensure the relevance and proportionality of sanctions for the actions committed by

individuals

2. Improved protection of the right to fair trial through promoting continuous judiciary reform

The goal

Developing effective judiciary and within it framework ensure the effective enjoyment of the right to fair trial along with all related procedural rights. Achievement of this goal is available through implementing wide scale reform in judiciary sector covering the guarantees of independence of judges as well as developing effective system for conducting investigation and proceedings.

Tasksa) To implement the reform of judiciary to guarantee the independence of judiciary system,

on institutional level, as well as ensure impartiality of individual judges;b) To revise relevant rules pertaining to appointment and promotion of judges as well as

allocation of cases to judges;c) To ensure the transparency and accountability of judiciary and its relevant activities,

through protecting its independence;d) To ensure effective participation of judges in the management of judiciary systeme) To conduct judiciary reform transparently through availing judiciary and civil society to

participate in it;

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3. Reform of Prosecutor’s Office aiming at ensuring the conduct of criminal prosecution based on human rights, fairly, effectively, transparently and independently.

The goal

Develop the system within the prosecution service, that will be in position to conduct independent, objective, 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 standards;

b) To establish forms of activities, being in compliance with international standards, and continuous raising of capacity of prosecutors;

c) To ensure transparency of prosecution service and its accountability vis a vis society;d) To ensure independence of criminal prosecution;e) To propose imposition of preventive measure being proportional to the act committed by

individual.

4. Improving the standards of crime prevention and effective investigation in law enforcements, promoting the respect for human rights and ensuring their compliance with international standards

The goal

Eradication of crimes within the law enforcements and effective reaction on each and every instance. Furthermore, ensuring the compliance of law enforcement activities with international standards and taking on board all related human rights protection standards.

Tasksa) To develop the system of control of law enforcement representatives, which would

ensure the conduct of impartial and effective supervisory control;b) To ensure transparency of law enforcement organs as well as their accountability to the

society;

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c) To ensure that arrest of individuals by law enforcements and protection of their rights, is conducted in compliance with international standards;

d) To ensure continuous raising of capacity of law enforcements

5. Establishment of a penitentiary system, being in compliance with international standards

The goal

Establishment 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

1. To improve the system of complaints and investigation of those complaints aiming at ensuring its adequacy and efficiency;

2. Continuous efforts towards ensuring the security of prisoners;3. Permanent care towards improvement of penitentiary infrastructure and prison

conditions;4. Devoting utmost attention to ensure adequate access to healthcare for those at

penitentiary establishment;5. Establishing an effective public monitoring mechanism;6. Introducing gender sensitive attitudes;7. Developing of rehabilitation-resocialization programs for convicted persons and former

prisoners

6. Implementation of effective measures against torture and degrading treatment, inter alia transparent and independent investigation

The goal

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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) Developing 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 treatment;

b) Developing of effective mechanism against torture and other forms of ill treatment, that would elaborate and conduct systematic approach to the problem;

c) Implementing 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. Ensuring the institution and conduct of timely, impartial and comprehensive investigation on each and every fact of improper conduct.

d) Existence of effective rehabilitation mechanisms for victims of torture and ill treatment;e) Timely and effective informing of society towards prohibition, prevention and

investigation of the facts of torture and other forms of ill treatment.

7. Developing of a juvenile justice system in compliance with international standards that will foresee the needs and the best interests of all children, including those in conflict with law, victims and witnesses, as well as children in civil and administrative procedures

The goalIntroducing of sophisticated and effective juvenile justice system in Georgia, being oriented on protection of the best interest of juvenile in criminal, administrative and civil proceedings.

Tasksa) Protection of the best interests of juveniles while implementing any reform or measure;b) Developing child oriented attitudes towards any juvenile, who has confronted with the

justice system, inter alia elaboration of specific legislation, raising the qualification of those working in judiciary on juveniles related issues, establishing child oriented environment;

c) Strict segregation of juvenile prisoners from adult prisoners being conducted in accordance with international standards;

d) Developing and broadening of preventive measures;e) Effective implementation of measures aimed at re-socialization and rehabilitation of

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f) Foreseeing at maximum extent of alternative preventive measures (other than detention) ;g) Ensuring qualitative education for juveniles being in prison or under arrest. h) Provision of trainings, adjusted to the needs of the juvenile offenders, to everyone having

relation with juvenile offenders at any stage of the justice process.

8. Ensuring the right to participate in social and political life through further refinement of electoral environment and development of public services.

Goals

Ensuring active participation of Georgian 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 norms; provision of guarantees to ensure equal opportunities for all political parties and participation in the elections without any impediment; re-structuring of the public services, its de-politicization and increase of accountability.

Task

a) Provision of equal rights to everybody for taking part in the elections in accordance with the legislation and by providing opportunities to express one’s will freely ;

b) Making fair, objective and equal environment available for every political party at any stage of the electoral process ;

c) Transparency of the financing system for political parties ; d) Ensuring involvement of national/ethnic minorities in political processes; e) De-politicization of public service at central as well as at local levels; f) Recruitment of civil servants on the basis of objective and transparent competition

processes, adhering to the principle of meritocracy. g) Elimination of circumstances, facilitating discrimination on any grounds, in political

processes and public service.

9. Establishment of high standards for protection of the right to private life

Goal

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Ensuring implementation of international standards for protection of the right to private life and personal data

Tasks

a) Legislation regulating the right to private life and relevant monitoring system should be brought in line with international as well as European standards;

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 side;

c) Awareness-raising activities on protection of the right to privacy and protection of the personal data should be conducted among civil society members;

d) Necessary conditions for effective functioning of supervisory mechanisms and relevant bodies responsible for protection of personal data should be established.

10. Establishment of high standards for protection of the right to peaceful assembly/the right to freedom of association and freedom of expression

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 journalists 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) Elimination and prevention of the facts hampering effective enjoyment of the right to freedom of expression;

b) Everybody should have access to public information; c) Ensuring 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. Ensuring realization of the right to freedom of thought, conscience and religion.

Goal

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Ensuring 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.

Tasksa) Taking effective measures in order to prevent discrimination and to eliminate its

consequences. b) Provision of opportunities for religious organizations to conduct their activities

without any impediments; c) Prevention and effective investigation of crimes committed on the ground of

religious intolerance.

12. Non-discrimination and protection of the rights of the minorities

Goal

Establishment of high standards of tolerance in the society, prevention of the discrimination of any type and elimination of the consequences 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) Taking effective preventive measures; b) Prohibition of discrimination on any ground in public as well as in private sector; c) Combating discrimination on the basis of sexual orientation or gender identity ; d) Taking relevant measures in relation to any act of discrimination, thus eliminating

consequences of discrimination. e) Provision of reparation/remedy for the victims of discrimination; f) Continuing actions for improvement of knowledge of the Georgian language among

representatives of national/ethnical minorities; g) Keeping up relevant efforts in order to encourage participation of the national

minorities in social, economical and cultural life of the country; h) Conduct of awareness-raising activities on the issues related to equality and tolerance.

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13. Realization of the rights of the children by improving protection and assistance systems, development of social services, reduction of children’s poverty and mortality rate and ensuring adequate education.

Goal

Improvement of children’s protection & assistance, development of social protection system, reduction of poverty and mortality as well as provision of adequate education.

Tasks

a) Taking into account “the best interests of child” while taking decisions with regard to children;

b) Protection of the children from any type of violence and effective and prompt remedy on the facts of violence;

c) Development of the health protection system for the children; d) Development of the social service systems for the children;e) Developing the education system which provides opportunities for getting effective

education, also for children with special needs; f) Provision of effective measures for social integration and rehabilitation of vulnerable

children from various social backgrounds; g) Establishment of child-oriented monetary assistance ; h) Raising and development of children in family or family-type environment. i) Taking relevant measures for ensuring health life style.

14. Ensuring gender equality, protection of women’s rights and prevention of domestic violence.

Goal

Ensuring gender equality, protection of women’s rights, prevention of domestic violence and elimination of its consequences.

Tasks

a) Provision of effective measures in all spheres of the society, especially by authorities in their political activity for ensuring gender equality.

b) Taking prompt and effective measures about every single fact of violation of the gender equality.

c) Bringing in line with international standards current mechanisms and legislation for prevention of domestic violence and protection of victims;

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d) Conducting awareness-raising campaigns on gender equality and domestic violence among civil servants ;

e) Ensuring access to shelter, psycho-social rehabilitation resources & legal protection for the victims of the violence

15. Provision of equal rights for the persons with disabilities by adhering to the principle of reasonable adjustment.

Goal

Provision of equal opportunities to the persons with disabilities and their full involvement in the conduct of public affairs.

Tasks

a) Protection of the rights of persons with disabilities on the basis of reasonable adjustment principle, taking into account their needs and requirements.

b) Protection of the dignity of the persons with disabilities, their involvement in the decision-making process and encouragement of independent living.

c) Full involvement of the persons with disabilities in the conduct of public affairs. d) Provision of support for the employment of the persons with disabilities; e) Access to public services and transportation facilities for the persons with disabilitiesf) Conducting awareness-raising activities on the issues related to persons with disabilities.

16. Protection of the rights of internally displaced persons and persons living alongside the occupied territories

Goal

Improvement of the social standing/conditions of internally displaced persons and persons living at the occupied territories, provision of adequate living conditions and their integration. Also taking all possible measures for returning the IDPs to places of their permanent residence , among them using bilateral and multilateral international legal instruments.

Tasks

a) Taking all possible measures for returning the IDPs to the places of their permanent residence, that constitutes their integral right.

b) Provision of effective measures for improvement of living and social conditions of the IDPs and persons living along occupied territories.

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c) Providing opportunities to IDPs and persons living along occupied territories for taking informed decisions and expressing their views.

17. To take all possible measures for protection of the rights of persons living on occupied territories of Georgia using bilateral and multilateral international legal instruments.

Goal

Promotion of the human rights of persons living on occupied territories and taking all actions available to the state of Georgia for fulfillment of positive obligations for protection of their fundamental rights and liberties.

Tasks

Taking all possible measures by Georgia for protection of the rights of persons living on occupied territories through available bilateral and multilateral international legal instruments

18. Introducing higher standards of protection of the right to property

Goal

Introducing of higher standards for the protection of the right to property.

Tasks

a) perfection of legislative and institutional mechanisms for the protection of the right to property;

b) Adhering to international standards during expropriation performed due to public needs. 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.

19. Protection of labor rights in accordance with international standards

Goal

Bringing the labor legislation in accordance with international standards and protection of labor rights on the basis of the legislation.

Tasks

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a) to bring the labor legislation in accordance with international standards;

b) to effectively implement the labor legislation;

c) to make institutional mechanisms for protection of labor rights.

20. Taking effective measures for ensuring enjoyment of the right to health, especially for vulnerable groups.

Goal

Taking effective measures for ensuring enjoyment of the right to health, especially for vulnerable groups.

Tasks

a) Maximum concentration of resources available to the state for the enjoyment of the right to health;

b) Enjoyment of the right to health without any discrimination c) Implementation of effective actions so that vulnerable groups can access health care

services.

21. Discharging the obligations stemming from the right to adequate housing

The Goal

To discharge obligations stemming from the right to adequate housing and eradication of the problem of vagrancy

Tasks

a) Maximum concentration of state available resources to ensure adequate housing;b) To ensure the right to adequate housing without discrimination;c) Implementation of effective measures for vulnerable groups to ensure their access to

adequate housing;d) For the purpose of effective ensuring of the right to adequate housing, introducing of

legislation and state housing system, being in compliance with international standards, that will foresee the interests of all groups;

e) Developing the list and data base of vagrants;

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f) Ensuring minimum conditions for housing.

22. Ensuring the rights of migrants and those awarded with shelter

The Goal

Social 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 trafficking; protection of rights foreseen under Geneva 1951 “Convention Relating to the status of Refugees”.

Tasks

a) Adopting effective measures for the purpose of effective implementation of migration strategy and action plan;

b) Prevention of unlawful migration;c) Prevention of trafficking of migrants, proactive identification of the victims of trafficking

and providing adequate assistance;d) Adopting relevant measures to ensure effective realization of right to healthcare and

education for persons being awarded with shelter;e) Protecting the right to movement of individuals being awarded with shelter.

Mechanisms for Monitoring and ImplementationAiming the achievement of the goals defined by the Strategy, the development of the Human Rights Action Plan of the Government of Georgia is underway – setting out various activities, timeframes, indicators and the institutions responsible for the implementation of such activities for 2014-2020. Throughout this period, institutions responsible for the implementation of the activities set out in the Action Plan will be required to submit annual reports to the Administration of the Government of Georgia; this will, in turn, enable the Administration to better monitor the development process and to carry out regular checks on whether the Action Plan is being effectively enforced. The Administration of the Government will then gather this information for presentation to the Parliament in a summary performance report.

The summary performance report must reflect the outcomes of the periodic monitoring of the implementation of the Action Plan and should contain relevant recommendations.

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The qualitative criteria for the assessment of the implementation of the Action Plan must build upon general and thematic reports by the Public Defender and non-governmental and international organizations operating within Georgia. General 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 taken into consideration.

In order to assess the implementation of the Action Pan against quantitative criteria, the Administration of the Government and relevant bodies of the executive branch will cooperate with the Office of Public Defender of Georgia and interested non-governmental and international organizations to develop and present to the Parliament relevant thematic parameters that will identify the progressive and problematic aspects in the implementation of the Action Plan.

After the completion of the term of the 2014-2020 Action Plan, a new action plan will be developed in accordance with the assessment criteria described above.

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