The Georgian Young Lawyers’ Association responds to the announcement released by the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia (MRA) released on February 28, 2011 concerning provision of financial compensation in the amount of USD 10 000 to families internally displaced following the August 2008 war.

According to the statement, “the process of issuing the so-called compensations is over, as it applied only to the internally displaced homeless families affected by the armed aggression of Russia from August 6, 2008, who managed to purchase housing with the state-offered subsidies and their savings.”  “The so-called compensation offer has expired. The process of providing IDPs with housing solutions in the regions continues”.

In the light of the fact that some of the families displaced following the August 2006 war, who filed applications for compensation instead of housing solutions procured, rehabilitated or newly built by the state have not received the compensation, we consider that the aforementioned position of MRA contradicts the orders of the Government of Georgia N915 issued in 2008, N534, dated July 24, 2009 and N856, dated July 3, 2010 and violated the principle of equality before law. Specifically, under the noted order, “Ministry of to the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia shall ensure provision of financial compensation for families that have were left homeless after the August 6, 2008 military aggression of the Russian Federation and have turned down the government’s offer of housing solutions procured, purchased or newly built by the state.” Furthermore, under Article 4, §3 of the General Administrative Code of Georgia, “Wherever circumstances of different cases are identical, judgments in regard to the persons involved shall be identical.”

Hence, the position of MRA expressed in the aforementioned announcement is unacceptable for GYLA.
GYLA calls on the MRA to fulfill the obligations imposed by the aforementioned orders for all families that are eligible for compensation under the applicable law and provide them with the financial compensation.