On Internally Displaced Persons from the Occupied Territories of Georgia – IDPs

Law of Georgia

On Internally Displaced Persons from the Occupied Territories of Georgia – IDPs

Article 1. General Provisions In addressing the problems of an internally displaced person – an IDP (hereinafter – IDP), the state bodies of Georgia, taking into account the specific needs caused by forced displacement, shall act in accordance with the Constitution of Georgia, other legislative and subordinate normative acts of Georgia, universally recognised human rights and the norms provided for by international law.🔗

Article 2. Scope of Regulation of the Law This Law determines the legal status of an IDP, the grounds for and procedure of granting, terminating, depriving of and restoring the IDP status to a person, the legal, economic and social guarantees of an IDP, and his/her rights and obligations.🔗

Article 3. Purpose of the Law The purpose of this Law is to create such legal mechanisms which:🔗

a) ensure the protection of the rights of an IDP during the period of displacement;

b) facilitate the integration of an IDP at the place of his/her registration;

c) facilitate the resolution of the problems of an IDP.

Article 4. Definition of terms. For the purposes of this Law, the terms used herein have the following meaning:🔗

a) Applicant for internally displaced person status – a person who applied with an application for granting internally displaced person status to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia (hereinafter – the Ministry);

b) Internally displaced person's certificate – a document issued to an internally displaced person by the Ministry or a territorial body within its system (hereinafter – territorial body), which confirms the granting of internally displaced person status to the person. If the place of registration of the internally displaced person and the place of actual residence coincide, the internally displaced person's certificate is also a document confirming lawful possession of the living space, except in the case of providing the internally displaced person with long-term housing;

c) Place of permanent residence of an internally displaced person – the place chosen for residence by the internally displaced person, his/her internally displaced parent (parents) or a biological relative in the direct ascending line, from which he/she, one or both of his/her parents or a biological relative in the direct ascending line was forced to move and to which he/she cannot return due to the reason specified in the first paragraph of Article 6 of this Law;

d) Place of registration of an internally displaced person – the place of residence of the internally displaced person indicated in the database of internally displaced persons existing at the Ministry, where he/she registered during the period of displacement, regardless of the form of ownership of this place;

e) Place of actual residence of an internally displaced person – the place of residence chosen by the internally displaced person during the period of displacement, where he/she actually lives without registration;

f) Internally displaced person's allowance – the monthly allowance established for the internally displaced person by the legislation of Georgia arising from internally displaced person status;

g) Social assistance – any type of material or non-material property benefit established by the legislation of Georgia, aimed at improving the socio-economic condition of an internally displaced person/internally displaced family registered in the unified database of socially vulnerable families;

h) Registration of internally displaced persons – recording and registration of internally displaced persons by the Ministry within a pre-announced period and, if necessary, issuance of an internally displaced person's certificate;

i) Questionnaire survey of internally displaced persons – the procedure for recording personal (identification) data of internally displaced persons by the Ministry;

j) Database – the database of internally displaced persons, administered by the Ministry in accordance with this Law;

k) Internally displaced family – a circle of persons permanently residing in a separate living space, having kinship or non-kinship ties, who have internally displaced person status (a family member may also be a non-internally displaced person) and who jointly carry out household activities (the family may be single-member);

l) Household activity (common family household) – activity aimed at ensuring the well-being of the family, which provides for the joint use and maintenance of the place of residence, the acquisition of means of subsistence necessary for the family, and the management and distribution of these means (income and expenses) for the well-being of the family;

m) Adequate housing – housing transferred to a displaced person into ownership or lawful possession, where the conditions necessary for a dignified life are ensured, including conditions satisfactory from the standpoint of safety and sanitation and access to infrastructure;

n) Provision of long-term housing to a displaced person (hereinafter – provision of long-term housing) – transfer of living space into ownership to a displaced person, arising from the status of a displaced person, for the purpose of settling the displaced family, by state bodies, municipalities, international, donor or local organizations, natural persons or legal entities of private law, or provision thereof in return with appropriate monetary or other assistance;

o) Living space transferred into lawful possession – living space where a displaced person/displaced family, on the basis of the owner's consent, is registered according to the database or actually lives without registration;

p) Occupied territories − territories defined by the Law of Georgia “on Occupied Territories”.

Law of Georgia No. 3097 of 5 July 2018 – website, 11.07.2018.

Law of Georgia No. 6912 of 15 July 2020 – website, 28.07.2020.

Article 5. Protection of the population from forced displacement 1. Every person living in Georgia shall be protected from forced displacement from their permanent place of residence.🔗

2. The State shall be obliged to:

a) take all appropriate measures to prevent situations that may cause forced displacement of persons;

b) ensure the protection of the right to life, dignity, security and liberty of persons affected by forced displacement, even when the forced displacement is caused by unavoidable necessity;

c) minimize forced displacement caused by unavoidable necessity and the harm caused thereby;

d) ensure that forced displacement does not continue longer than the given situation requires.

Article 6. Concept of a displaced person 1. A citizen of Georgia or a stateless person having status in Georgia who was forced to leave his/her place of permanent residence on the ground that, due to the occupation of territory by a foreign country, aggression, armed conflict, generalised violence and/or mass violation of human rights, the life, health or freedom of him/her or of a member of his/her family was endangered, or/and, taking into account the above-mentioned ground, it is impossible for him/her to return to his/her place of permanent residence, shall be considered an internally displaced person – a displaced person.🔗

2. A minor citizen of Georgia or a stateless minor person having status in Georgia is entitled to receive the status of a displaced person, if one or both parents have been granted and/or had the status of a displaced person, only on the basis of the consent of the parent (parents) or another legal representative.

3. In the case of non-granting of the status of a displaced person to a minor person in accordance with paragraph 2 of this Article, he/she shall be granted the status of a displaced person upon reaching the age of majority, on the basis of a personal application.

Article 7. Prohibition of discrimination against displaced persons Any kind of discrimination against displaced persons in the exercise of their rights and freedoms, on the ground that they are internally displaced persons, as well as on the grounds of race, skin colour, language, sex, religion, political and other views, national, ethnic and social belonging, origin, property and rank status, place of residence, shall be prohibited.🔗

Article 8. Rule for granting a person the status of a displaced person 1. A person who, for the reason specified in paragraph 1 of Article 6 of this Law, leaves his/her permanent place of residence shall, in accordance with the procedure established by the legislation of Georgia, apply to the Ministry with an application for granting the status of a displaced person.🔗

2. The Ministry shall, within one month from the receipt of the application, take a decision on granting the status of a displaced person to the applicant for the status of a displaced person or on refusing to grant the status of a displaced person.

3. Upon granting the status of a displaced person to a person, a questionnaire shall be filled in and a displaced person's certificate shall be issued. The forms of the displaced person's certificate and the questionnaire shall be established by the Ministry.

4. The displaced person's certificate shall be valid together with an identity document.

5. The Ministry's refusal to grant a person the status of a displaced person may be appealed to a court within one month from the receipt of the refusal, in accordance with the legislation of Georgia.

6. In the event of a mass and extreme displacement of the population for the reason specified in paragraph 1 of Article 6 of this Law, the status of a displaced person shall be granted immediately (Prima Facie), in accordance with the procedure established by a normative administrative-legal act of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia (hereinafter – the Minister).

7. The procedures for granting a person the status of a displaced person and for the registration of displaced persons shall be determined in accordance with this Law by the procedure established by the Ministry.

Law of Georgia of 13 June 2018 No. 2518 – website, 26.06.2018.

Law of Georgia of 5 July 2018 No. 3071 – website, 11.07.2018.

Article 9. Registration of a displaced person outside the territory of Georgia 1. (Removed – 26.12.2018, No. 4139).🔗

2. The Ministry of Foreign Affairs of Georgia shall, at the end of each month, provide the Ministry with data on the persons who are on consular registration.

Law of Georgia of 26 December 2018 No. 4139 – website, 10.01.2019.

Article 10. Grounds for termination, deprivation and restoration of the status of a displaced person for a person 1. A person's status of a displaced person shall be terminated if:🔗

a) his/her status of a displaced person was removed on the basis of a personal application;

b) the reason indicated in the first paragraph of Article 6 of this Law has been eliminated at his/her place of permanent residence;

c) his/her citizenship of Georgia was terminated in accordance with the legislation of Georgia;

d) he/she, as a stateless person holding the status in Georgia, acquired the citizenship of another country;

e) the court recognized him/her as missing or declared him/her deceased;

f) on the basis of this Law, he/she did not undergo registration of displaced persons within the period announced in advance by the Ministry;

g) he/she died.

2. A person's status of a displaced person shall be restored if:

a) the court annulled the judgment provided for by subparagraph „e“ of the first paragraph of this Article;

b) his/her status of a displaced person had been terminated on the basis of subparagraph „c“ of the first paragraph of this Article and he/she was granted citizenship of Georgia in accordance with the Organic Law of Georgia "On Citizenship of Georgia";

c) his/her status of a displaced person had been terminated on the basis of subparagraph „a“ of the first paragraph of this Article and he/she again requested the granting of the status of a displaced person by a personal application;

d) his/her status of a displaced person had been terminated on the basis of subparagraph „f“ of the first paragraph of this Article and he/she requested the restoration of the status of a displaced person by a personal application.

3. A person's status of a displaced person shall be deprived if he/she received this status on the basis of submission of false documents and information.

4. The Ministry shall decide the issues of termination, deprivation and restoration of the status of a displaced person for a person.

5. The court shall decide disputes concerning termination, deprivation and restoration of the status of a displaced person for a person.

Law of Georgia of 30 April 2014 No. 2322 – website, 13.05.2014.

Article 11. Grounds for suspension, termination and restoration of the IDP allowance 1. The IDP allowance shall be suspended on the first day of the month following the occurrence of the ground provided for by this paragraph, if:🔗

a) the accuracy of the documents submitted for granting the IDP status to a person is to be established;

b) the personal number of the IDP has not been submitted;

c) it is impossible to identify the legal representative of a minor IDP.

2. The IDP allowance shall be terminated on the first day of the month following the occurrence of the ground provided for by this paragraph, if:

a) the person's IDP status has been terminated;

b) the IDP has refused to receive the allowance by a personal statement;

c) the IDP has left the territory of Georgia for more than three months, except where the departure is related to a business trip, studies or treatment in a medical institution (which is confirmed by the relevant documentation) and the IDP has notified the Ministry thereof in advance in the manner established by the legislation of Georgia;

d) the IDP has declared by a personal statement consent to receiving the social assistance intended for families below the poverty line;

e) the taxable income of the IDP amounts to GEL 1250 or more per month, which is confirmed by the relevant data of the authorised body determined by the legislation of Georgia.

3. The IDP allowance shall be restored in the event of elimination of the relevant circumstance provided for by paragraphs 1 and 2 of this Article, on the basis of a personal statement and the required documentation submitted by him/her, as well as in other cases determined by the legislation of Georgia.

4. The payment of the IDP allowance shall be renewed after the occurrence of the circumstance provided for by paragraph 3 of this Article. At the same time:

a) in the cases determined by paragraph 1 of this Article, the payment of the IDP allowance shall be renewed from the first day of the following month and the unpaid amount shall be reimbursed, but not more than one year from the day of suspension of the IDP allowance;

b) in the cases determined by paragraph 2 of this Article, the IDP allowance shall not be reimbursed for the entire period of termination of the IDP allowance, except for the cases provided for by the legislation of Georgia.

5. The payment of the IDP allowance shall be ensured by the competent body on the basis of the information provided by the Ministry.

Law of Georgia of 1 October 2019 No. 5042 – website, 04.10.2019.

Article 12. Rights and Obligations of a Displaced Person 1. A displaced person has the right to:🔗

a) receive a displaced person's allowance in the amount of GEL 45;

b) receive social and other types of assistance in accordance with the procedure and conditions established by the legislation of Georgia;

c) enjoy adequate housing within Georgia until return to the place of permanent residence, except where he/she is provided with long-term housing.

2. A displaced person is obliged to:

a) notify the Ministry of a change of place of residence within one month from the day of the change of place of residence;

b) undergo registration of displaced persons within the period announced in advance by the Ministry;

c) in the event of leaving the territory of Georgia for more than two months, notify the Ministry thereof in advance.

Article 13. Rights to respect for family unity and to provision of adequate housing 1. Every displaced person has the right to respect for family unity. Artificial division of a family or unification of families against the will of its (their) members shall be inadmissible.🔗

2. In the event of forced displacement, the Ministry, together with other relevant state agencies, shall provide a displaced person left homeless with adequate housing. When providing adequate housing, the Ministry shall register the displaced person at the place of settlement.

3. The Ministry, in accordance with the legislation of Georgia, shall ensure the exercise of the rights of a displaced person as defined by this Law, and shall take measures to create the social and economic conditions necessary for his/her safe and dignified life.

4. If a displaced family is provided with long-term housing, the State shall be relieved of the obligation, arising from their status as displaced persons, to satisfy with living space the descendants of the direct descending line of the displaced person or of his/her family members.

Article 14. Protection of the rights related to the living space of a displaced person 1. Disputes related to living space/housing matters shall be resolved in accordance with the procedure established by the legislation of Georgia.🔗

2. Before the elimination of the reason referred to in the first paragraph of Article 6 of this Law or before the provision of long-term housing to the displaced person, the displaced person shall not be resettled out of the living space in his/her lawful possession, except in the case where:

a) a written agreement is concluded with the displaced person on providing him/her with appropriate monetary or other assistance in exchange for the space occupied by him/her;

b) the displaced person is allocated appropriate living space which will not worsen his/her living conditions;

c) a natural disaster or other event occurs which provides for compensation and is regulated by the general procedure.

3. The living space in the lawful possession of a displaced person/displaced family, except as provided for by subparagraph „o“ of Article 4 of this Law, is the living space where, before the entry into force of this Law, the displaced person was settled by the State, which was registered in the database as an object of compact (organised) settlement of displaced persons, in which the Ministry, in accordance with the annual State budget, covered the expenses of administrative, household and communal (including consumed electricity) services and which was State or private property.

4. In the cases provided for by paragraph 3 of this Article, the owner shall be entitled to apply to the Ministry and the relevant body for the eviction of the displaced person registered and/or actually residing in the immovable property in his/her ownership.

5. If the owner exercises the right defined by paragraph 4 of this Article, he/she shall be obliged to take into account the requirements of paragraph 2 of the same Article.

6. In the cases provided for by paragraph 2 of this Article, when resettling a displaced person in another part of the country, in order to protect his/her dignity, freedom and security, the Ministry shall ensure that:

a) the displaced person/displaced family is fully informed about the reasons and procedures of the movement and resettlement, and also has information about the relevant offers, so as to be given the opportunity of a free and voluntary choice;

b) every displaced person is provided with appropriate housing;

c) the resettlement of the displaced person is carried out in conditions satisfactory from the point of view of security, health and sanitation, and the right to respect for the unity of the displaced person's family is protected.

7. The requirements of paragraphs 2 and 6 of this Article shall not apply to a displaced person/displaced family who was not settled by the State and who found housing by his/her own efforts or means (is registered and/or lives in a rented, borrowed or own house or together with a host family, etc.), in which the Ministry, in accordance with the State budget, did not annually cover the expenses of administrative, household and communal (including consumed electricity) services.

8. The eviction of an internally displaced person/internally displaced family provided for by paragraph 7 of this article may be carried out only if the owner has applied to the Ministry with an application for the cancellation of the registration of the internally displaced person registered in the residential space in his/her ownership. In this case, the internally displaced person/internally displaced family shall be resettled in accordance with the procedure established by the legislation of Georgia.

9. Where the ground provided for by paragraph 2 of this article exists, the Ministry shall, within the time limit established by the General Administrative Code of Georgia, give consent to the implementation of measures to prevent the encroachment on or other interference with the immovable thing in the ownership of the internally displaced person.

Article 15. Protection of the right of ownership at the place of permanent residence of an internally displaced person 1. The State recognizes the right of restitution of the immovable property left at the place of permanent residence of an internally displaced person, which passes by inheritance.🔗

2. The State shall take all possible measures so that the immovable property in the ownership and/or possession of an internally displaced person, which he/she had to leave for the reason indicated in paragraph 1 of Article 6 of this Law, is protected from looting, destruction, arbitrary and other unlawful use and misappropriation.

3. After the elimination of the reason indicated in paragraph 1 of Article 6 of this Law, when the internally displaced person returns to the place of permanent residence, the State shall take all possible measures so that the immovable property in the ownership and/or possession of the internally displaced person, which he/she had to leave, is returned to the lawful owner and possessor.

4. The right defined by paragraph 1 of this article shall be retained also in the case of providing the internally displaced person with long-term housing.

Article 16. Social protection of a displaced person 1. The Ministry and other state institutions, within the competence conferred on them by the legislation of Georgia, assist the displaced person in the exercise of his/her rights, namely:🔗

a) assist the displaced person in employment, taking into account his/her profession and qualification;

b) issue the displaced person's allowance and other assistance provided for by the legislation of Georgia;

c) ensure the exercise by the displaced person of the constitutional right to education and the financing of general education in the manner established by the legislation of Georgia;

d) resolve issues of pension provision for the displaced person;

e) assist the displaced person in resolving social and household issues;

f) participate in measures to search for the graves of persons who died and perished as a result of mass human rights violations and for persons missing without trace;

g) after elimination of the reason indicated in the first paragraph of Article 6 of this Law, assist the displaced person in returning to his/her permanent place of residence;

h) provide the displaced person, in the event of forced displacement within the territory of Georgia, with necessary primary assistance;

i) in the event of the death of the displaced person, reimburse the expenses of his/her burial in the established manner, within the limits of possibility.

2. The costs of treatment in a medical institution of a displaced person/displaced family registered in the unified database of socially vulnerable families shall be covered in the established manner by state programmes or insurance.

3. Every displaced person, if the termination of his/her employment activity is related to displacement, shall retain a continuous employment record during the period of displacement, regardless of whether or not he/she is working.

4. The Ministry shall coordinate the activities of other ministries and agencies of Georgia in the field of the exercise of the rights of displaced persons.

Article 17. State guarantees for the resettlement and integration of a displaced person in another part of his/her country before return to his/her permanent place of residence The Ministry and other state institutions, within the competence conferred on them by the legislation of Georgia, shall ensure:🔗

a) the creation of appropriate conditions for the implementation of the process of voluntary, dignified and safe resettlement and commencement of life of the displaced person in another part of his/her country before return to his/her permanent place of residence;

b) the development of appropriate mechanisms that ensure the integration of the displaced person in the event of resettlement in another part of the country before return to his/her permanent place of residence, so as to create the socio-economic conditions necessary for a safe and dignified life of the displaced person, so that displaced persons may participate without restriction and equally in socio-economic relations and benefit from social services;

c) the involvement of the displaced person in the implementation of the measures provided for by subparagraph „b“ of this Article.

Article 18. State guarantees of the reintegration of an internally displaced person after return to the place of permanent residence🔗

1. The State shall ensure the development of appropriate mechanisms that will facilitate the reintegration of an internally displaced person returned to the place of permanent residence.

2. If, after the elimination of the reason referred to in paragraph 1 of Article 6 of this Law, the internally displaced person returns to the place of permanent residence, the Ministry and other state institutions, within the competence conferred upon them by the legislation of Georgia:

a) shall ensure the exercise of the rights of the internally displaced person determined by the Constitution of Georgia and this Law;

b) shall take measures to create, at the place of permanent residence of the internally displaced person, the socio-economic and legal conditions necessary for his/her safe life;

c) shall take all necessary measures to return to the internally displaced person or his/her lawful heir the personal property, including a dwelling house and a household plot, in the condition existing at the time of the return of the property, and, where possible, shall restore the destroyed building and ensure its return to the person;

d) shall coordinate the implementation of the process of compensation for the damage caused, after determining its maximum amount.

3. The rules for determining the amount of the damage caused and for granting compensation for immovable property shall be established by the authorised bodies of the state authority of Georgia.

4. In the process of the return of an internally displaced person to the place of permanent residence, the implementation of measures for his/her return, resettlement and reintegration shall be coordinated by the Ministry together with other relevant state agencies, by ensuring guarantees of safe and dignified return.

5. The State shall make special efforts to ensure the participation of the internally displaced person in the process of planning and managing his/her return to the place of permanent residence, resettlement and reintegration.

Article 19. Organisation of assistance to an internally displaced person🔗

1. The resolution of the issues of resettlement, registration, social and other matters of an internally displaced person shall be organised by the Ministry together with other state institutions, within the competence conferred by the legislation of Georgia.

2. In relation to the matters assigned by this Law to the competence of the Ministry, the Minister shall be entitled to issue, in accordance with the procedure established by the legislation of Georgia, the relevant legal acts.

Article 20. Guarantee of the protection of the rights of an internally displaced person🔗

1. The rights of an internally displaced person shall be protected by the Ministry, other state institutions and municipalities within their competence.

2. The unlawful action of an official may be appealed to a superior official or to a superior administrative body and/or to a court in accordance with the procedure established by the legislation of Georgia.

Law of Georgia No. 6912 of 15 July 2020 – website, 28.07.2020.

Article 21. Financial sources of assistance for a displaced person 1. Expenses to be incurred for a displaced person in accordance with this Law shall be reimbursed from the State Budget.🔗

2. Additional sources of funding for a displaced person are donations by natural and legal persons, financial assistance provided by other states and international organizations.

Article 22. Liability for violation of the Law Violation of this Law entails liability in accordance with the procedure established by the legislation of Georgia.🔗

Article 23. Obligation of a displaced person to submit a personal number A displaced person who has not submitted a personal number to the Ministry shall, within 3 months from the entry into force of this Law, submit a document provided for by the legislation of Georgia, which indicates the name, surname and personal number of a citizen of Georgia or a stateless person having status in Georgia.🔗

Article 23¹. Special condition for provision with long-term housing 1. The obligation to provide long-term housing shall be held by state bodies in respect of a person born before 1 January 2023.🔗

2. A person who will be a minor before 1 January 2023 shall, when provided with long-term housing, be taken into account together with the members of his/her ascending line family and shall no longer have the right to individually request provision with housing.

3. The obligation provided for by paragraph 1 of this Article shall also apply to a person born after 1 January 2023 whose displaced parent/parents died before provision with long-term housing. This person shall be provided with the same housing as his/her displaced parent/parents should have received.

4. In the event of the death of a member of a displaced family after the issuance of the relevant legal act on the provision of long-term housing to the displaced family, before the registration of his/her ownership right to the residential area or before his/her provision with appropriate monetary or other type of assistance in exchange, the provision of long-term housing to the displaced family shall be carried out taking into account the number of members of the displaced family determined by the relevant legal act issued before his/her death. This rule shall not apply to the heirs of a deceased member of a single-member displaced family.

Law of Georgia of 16 December 2022 No. 2444 – website, 23.12.2022.

Law of Georgia of 1 April 2025 No. 393 – website, 03.04.2025.

Article 24. Measures to be implemented in connection with the entry into force of this Law 1. Within 6 months from the entry into force of this Law, the Government of Georgia shall ensure that the relevant subordinate legislative acts are brought into compliance with this Law.🔗

2. Within 3 months from the entry into force of this Law, the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia shall develop and approve:

a) the procedure for granting, terminating, depriving of and restoring the IDP status to a person, for the registration of IDPs and for the maintenance of the IDP database;

b) the procedure for providing IDPs with housing.

3. Until the adoption (issuance) of the subordinate legislative acts defined by paragraphs 1 and 2 of this Article, the legal acts adopted (issued) on the basis of the Law of Georgia of 28 June 1996 "On Internally Displaced Persons from the Occupied Territories of Georgia – IDPs" shall retain legal force.

Article 25. Invalid normative act The Law of Georgia of 28 June 1996 "On Internally Displaced Persons from the Occupied Territories of Georgia – IDPs" (Parliamentary Herald, No. 19-20, 30.07.96, p. 39) shall be declared invalid upon the entry into force of this Law.🔗

Article 26. Entry into force of the Law This Law shall enter into force from 1 March 2014.🔗

President of Georgia Giorgi Margvelashvili

Kutaisi,

6 February 2014

N1982-IIs