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October 10, 2008  
 
Dear Foreign Minister,  
 
We are writing in advance of the October 15 discussion in Geneva on the conflict over South Ossetia to urge the EU to prioritize the protection of civilians during the discussions and through the work of the European Union Monitoring Mission (EUMM) in Georgia.  

One of the issues for the Geneva discussion is refugees and internally displaced persons. It is of paramount importance that the EU highlight the right of all persons displaced by the conflict to return home in safety and dignity. We are particularly concerned about the ability of ethnic Georgians whose homes are in ethnic Georgian enclave villages north and east of South Ossetia's capital, Tskhinvali to exercise this right. As described in the attached memorandum, based on our on-the-ground research, the homes in these villages were systematically looted and torched in August and September; some were completely bulldozed. While many of the inhabitants fled in the lead-up to assault by Georgian armed forces which started on August 7, they currently have no home to return to, nor do they enjoy any guarantees of protection and security should they attempt to return. While the authorities in South Ossetia have made statements that "provocations" against ethnic Georgians would not be tolerated, it is unclear whether any measures have been taken to hold accountable those who intentionally destroyed these homes. The authorities have made a number of statements sending mixed messages about the right of people from these villages to return. It is unclear, however, whether it has made a definitive statement acknowledging the right of all these villagers to return and if so, whether they have taken any steps to implement this right. Russia has to the best of our knowledge been silent on the issue.  
 
We hope you agree that the permanent forced displacement of thousands of people from these villages cannot be countenanced. We ask that the EU in its public statements at the discussions and in expert- level talks, urge Russia to acknowledge and undertake to respect and implement the right of displaced people to return to their homes and facilitate their safe and voluntary return, and prevail on South Ossetian authorities to make clear that all people, including ethnic Georgians from the enclave villages of South Ossetia, in accordance with established international law have the right to return and live in their homes in safety and dignity, and to take measures to ensure that they may return.  
 
The armed conflict itself was short but devastating. Georgian, Russian, and Ossetian forces all committed violations of human rights and humanitarian law during the conflict, as described briefly in the attached memorandum. Much needs to be done to create a comprehensive record of these violations and hold those responsible for serious crimes accountable. We ask that the EU press all sides to ensure credible and transparent investigations and accountability for serious violations of human rights and international humanitarian law committed by forces and groups under their control or in areas under their control. Furthermore we urge the EU to impress on all sides that they should ensure full and unhindered access, including to South Ossetia, for intergovernmental organizations seeking to conduct human rights monitoring and reporting.  
 
For nearly two months, Russian forces' failure to ensure civilian protection created a security vacuum that allowed Ossetian militias free reign to attack civilians. As we explain in the attached memorandum, Human Rights Watch documented numerous incidents of looting, beatings, torching of homes, and several incidents of killings and rape. With the withdrawal of Russian forces this week from so-called "buffer-zone", and the expected deployment of EUMM and Georgian police to the area, there are hopes for improved security of civilians in the areas of Georgia adjacent to South Ossetia. But uncertainty remains about the security challenges ahead, due to the fragility of the situation, the enormity of the task of restoring law and order, and the risk of tensions between Georgian police and Ossetian forces and armed groups along the administrative border. We therefore remain convinced that EUMM monitors need a specific mandate for civilian protection.  
 
We are aware that EUMM will not have access to South Ossetia; however, we hope you will continue to press for access to South Ossetia to ensure protection to ethnic Georgians who remain.  
 
We thank you for your attention to these pressing matters  
 
Sincerely,  
 
Rachel Denber  
Acting Director, Europe and Central Asia division  
 
Lotte Leicht  
European Union Advocacy Director  
 
CC:  
EU High Representative  
President of the European Commission  
European Commissioner responsible for External relations  
EU Special Representative for the Caucasus  
EU Special Representative for Georgia  
EUMM head of mission  
Ambassadors to the Political and Security Committee  
Political Directors  
President of the European Parliament  
Members of the European Parliament's Foreign Affairs Committee  
Members of the European Parliament's Sub-committee on Human Rights.

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