Nino Gogiashvili (Tbilisi State University – Georgia)
Synopsis
Migration is a social process, which practically directly or indirectly is linked with all aspects of social life of state. It reflects the development and the level of protection given country renders to its citizens.
Despite the fact, that migration had always been subject of concern for society only after the World War II it acquired international status.
During the existence in Soviet system Georgia remained ignorant of issues related to migration, but after it gained independence our country faced cruel reality. We were not prepared to solve such problems and still continue to resolve difficulties after they emerge. Emigration increased rapidly due to instable political and economic environment, unemployment, low salaries and ethnic conflicts. Georgia has not yet elaborated policy and legislation related to refugee issues corresponding to international standarts given in 1951 Geneva Convention and 1967 New-York Protocol relating to the status of refugee.
Both Convention and Protocol provide for co-operation between states signatory to the Convention and the office of the United Nations High Commissioner for refugees. This co-operation also extends to the determination of refugee status according to arrangement made in legislation of signatory states.
These two international legal instruments are applicable only to persons who are refugees as therein defined. The assessment as to who is a refugee, i. e. the determination of refugee status under the Convention and Protocol is incumbent upon states signatory in whose territory refugee finds himself/herself at the time he/she applies for recognition of refugee status.
The issue of refugees is new for our society and a little bit confusing, for the terms “refugee” and “IDP” are frequently still misunderstood even by high rank officials in Georgia.
Legal framework is very weak and vague. No concept of national policy on migration adopted. Georgia faced problems of IDP’s mainly and relatively recently (in 1999) after influx of refugees from Chechnya it became necessary to create strong legal and social framework.
Government was mainly concerned with IDPs from Abkhazia and South Osetia, but later on, when the situation in Georgia had stabilized and step-by-step the state began to acquire its normal shape, it faced the reality of having problems with refugees, who were in need of care either. The issues of registration and grasnting of relevant status to forcibly arrived persons from foreign countries within the boundaries of existing, rather scanty legislation. On the 18 of February 1998 Georgia has adopted the law :on Refugees”. The law determines the structure of central authorities, which work out and implement state policy concerning refugees.
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