Professional Documents
Culture Documents
Tbilisi
2016
The monitoring report is made within the framework of EU and Open Society
Georgia Foundation project Supporting the right and opportunity of the
persons with disabilities to participate through the bodies of the local selfgovernments in Georgia.
In 2014-2015 years, in Tbilisi city, Guria and Kvemo Kartli regions the project
was implemented by non-governmental organizations: 42nd Article of
Constitution, Partnership for Human Rights and Accessible Environment
for Everyone.
This publication has been produced with the assistance of the European
Union. The contents of this publication are the sole responsibility of the
author and can in no way be taken to reflect the views of the European Union.
The opinions of the author/authors expressed in the informational material
may not express the position of Open Society Georgia Foundation, therefore
the foundation is not responsible for the content of the material.
The monitoring report is made by a non-governmental organization
Partnership for Human Rights.
Author: Nana Gochiasvhili
Participants of report preparation: Ana Arganasvhili, Ana Abashidze
Translated by: Tengiz Nozadze
Table of Contents
Introduction............................................................................................................................4
I. Project review.......................................................................................................................5
1. About project................................................................................................................5
2. Goals of the Project....................................................................................................5
3. Project Tasks.................................................................................................................5
4. Project Target Groups................................................................................................5
II. Community Communication Strategy.......................................................................6
1. Consultations...............................................................................................................6
2. Recommendations.....................................................................................................8
2.1. Recommendation for the Commission of Social Affairs of Ozurgeti
City Assembly on the Changes that should be Made in the Charter............8
2.2. Recommendation for the Education, Youth and Social Affairs...............8
Department of Ozurgeti Municipality on Pre-school Inclusive Education
2.3. Recommendation on the Adaptation of Physical Environment of
Student Housing..............................................................................................................9
2.4. Recommendation on the Adaptation of Physical Environment of the
Shelter for the Homeless People................................................................................9
2.5. Recommendation on the Adaptation of Physical Environment of the
University Metro Station.............................................................................................10
2.6. Recommendation on the Availability of Agendas of the Meetings of
Council and Commission............................................................................................11
2.7. Recommendation Related to the Procurement of New Public
Transport in Tbilisi.........................................................................................................11
2.8. UPR Report about the Gaps in the Process of the Protection of Rights
of Persons with Disabilities........................................................................................12
3. Communication.........................................................................................................12
3.1. Administrative Proceedings...............................................................................12
3.2. Proceedings in the Court....................................................................................14
3.2.1. D.Ch. Against Gardabani Municipality......................................................14
3.2.2. S.K. against Kutaisi City Municipality..........................................................15
3.2.3. K.N. Against Tbilisi city Municipality Council..........................................16
III. Conclusion........................................................................................................................17
Introduction
The monitoring report describes the activities of strategic proceedings
implemented within the project Supporting the right and opportunity of
the persons with disabilities to participate through the bodies of the local
self-governments in Georgia and these are united in the document of the
community communication strategy.
The project was implemented in 2014-2015 in Tbilisi city, Rustavi city, Ozurgeti
city and Ozurgeti municipalities with the financial assistance of the EU and
Open Society Georgia Foundation.
The goal of the monitoring report is to evaluate the correspondence of the
activities implemented within the community communication strategy with
the project goals and tasks.
The evaluation of the community communication strategy is based on
a logical frame, that consists of the project goals and tasks, indicators of
achieving them, possible results and list of activities with appropriate
indicators needed to achieve these results.
The monitoring report of strategic proceedings consists of three chapters.
The first chapter includes the review of project planned activities, goals, tasks
and project target groups.
The second chapter includes the review of the community communication
strategy, where the activities implemented within the strategic proceedings
are included: Legal consultations of a non-governmental organization
Partnership for Human Rights made within the project, recommendations
prepared for the protection of rights of persons with disabilities living in
target municipalities, produced administrative and court cases.
The third chapter is a summary, where there is given the analysis of the results
and challenges achieved by strategic proceedings.
I. Project review
1. About project
The project Supporting the right and opportunity of the persons with
disabilities to participate through the bodies of the local self-governments
in Georgia was being implemented from February 1, 2014 until January 31,
2016 in three regions of Georgia: Guria, Kvemo Kartili and Tbilisi city.
The main goal of the project was to ensure the involvement of persons with
disabilities in the activities of the local self-government and decision making
process, to promote the realization of their civil and political rights to access,
take part and get involved in the activities of the local self-government.
3. Project Tasks
To increase the possibilities of the persons with disabilities and
mobilize the human resources in target municipalities;
To achieve accountability and transparency of the local selfgovernment activities.
Research of the individual needs and priorities of the persons with
disabilities in target municipalities and further advocating;
To develop and implement community communication strategy by
the self-government bodies and citizens of these municipalities;
To make the society and the local self-government bodies increase
the awareness of the rights of persons with disabilities and the
involvement of citizens in the activities of the local self-government;
1. Consultations
About 100 consultations were made during the project. Consultations were
mainly done by telephone. For this reason consultations were also made
about the individual cases raised by the participants of trainings, public
discussions and working meetings. They concerned the following topics:
Appointment of social assistance for persons with disabilities and
illegal removal of assistance (7 cases):
2. Recommendations
8 written recommendations were prepared for the local self-governments
of target municipalities during the project. Their goal was to express the
opinion about the main issues determined by the project executing group
and persons with disabilities that were included in the project.
On July 23, 2014 the organization Partnership for Human Rights addressed
the fond of municipal development of Georgia with a letter (05/104-14)
and requested the information about building standards, availability of the
building for persons with disabilities, nutrition of people living in the shelter,
hygiene, regulative documents of monitoring of the health condition. The
organization also provided them with the information about the standards
and demands that are considered in the UN convention of persons with
disabilities and the national legislation.
Regarding the fact that the Ministry of Labor, Health and Social Affairs of
Georgia was directly involved in the project, the organization Partnership
for Human Rights addressed the Ministry of Labor, Health and Social Affairs
of Georgia on September 12, 2014 and requested the information about
whether the needs of persons with disabilities are considered during the
construction of the shelter for homeless or not.
The letter (2271-) received from the fond of municipal development of
Georgia on August 15, 2014 reveals that the special construction norms and
standards havent been processed yet. However the project considers the
adapted infrastructure and ramps for persons with disabilities.
According to the correspondence (01/78220) received on September 26,
2014 from the ministry of Labor, Health and Social Affairs of Georgia, during
the construction there will be used the regulation #131 of February 7, 2014
about Technical regulation about adoption of minimal standards of the
functioning of a shelter of vulnerable people.
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2.6. Recommendation on the Availability of Agendas of the Meetings of Council and Commission
One of the problems during the project was that the local self-government
bodies use to spread information about the meetings of assembly and
commission late on previous day and that makes difficult to organize visits.
In addition, they sometimes dont spread the information at all and theyre
announced only after the end of the meetings.
The organization Partnership for Human Rights addressed Tbilisi city
assembly with a recommendation about this issue (05-374-15).
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2.8. UPR Report about the Gaps in the Process of the Protection of
Rights of Persons with Disabilities
PHR together with its partner non-governmental organizations prepared a
UPR report about the rights of persons with disabilities. The basic problems
for persons with disabilities in Georgia were determined. These are the
issues of capacity for work, shifting from medical model to social model,
employment, adaptation of environment, availability of services, gaps in
habilitation/rehabilitation programs and the necessity of spreading them on
persons with disabilities older than 18, consideration of individual needs of
persons with disabilities in the general insurance package.
3. Communication
82 cases were studied during the strategic proceedings and the administrative
bodies of target municipalities were addressed to react on them. Three of
them were transmitted to court.
On the first stage, if persons with disabilities, or their parents addressed,
the administrative proceedings were to study the case, search the usable
legislation, process and determine the correspondence with factual
circumstance.
The second stage of the administrative proceedings was to prepare an
appropriate letter and address the local self-government with the demand to
study the case or provide with additional information. If after the appeal the
local self-government started to study the case and solve the problem, the
proceedings stopped. In other cases, according to the content of the concrete
case, an administrative complaint or administrative action were prepared.
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sub-programs;
Allocation of living space for parents with disabilities.
Involvement in the sub-program of wheelchairs (2 cases)
Unitary funding of medical research of a child with disability from the
budget of the local self-government (3 cases)
Consideration of needs of persons with disabilities in free eateries in
Tbilisi city.
Employment of a persons with disability and allocation of living
space;
Exclusion of persons with disabilities from a sub-program of early
development of children (16 cases);
Admission of children with autism spectrum at school, problems
related to opening integrated classes (4 cases)
Problems related to getting supporting means (hearing aid);
Providing the persons with disabilities over 18 and living in closed
institutions with housing by the local self-government (2 cases)
Involvement of a family living in hard social conditions in appropriate
state and self-government programs (6);
Declining to admit a child with disability in kindergarten and
corresponding proceedings;
Issues related to the execution of the area given to the organizations
working on issues of persons with disabilities by the local selfgovernment;
An issue of allocation of area for a day center of persons with
disabilities by the self-government;
A tender related to the construction of a new kindergarten and
consideration of the needs of children with disabilities;
An administrative complaint for excluding a child from the early
development program of children;
An issue of allocating a living space for homeless persons with
disabilities by the self-government (3 cases)
An issue of satisfying a woman with psycho-social need with a
housing, problems related to the execution of court decision;
A family living in not appropriate living conditions, one of them is a
person with disability;
Violation towards an elderly woman with disability;
Registration of a family in a common base of vulnerable families and
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institution B.G. has all necessary skills for independent living, hes employed,
however the obstacle for him is the absence of his own house.
Used law: After studying the case we found out that the second part of
the Article 27 of Georgian law about Social protection of persons with
disabilities considers the obligation of the local self-government bodies to
provide those persons with disabilities that dont need boarding house any
more with the housing.
Proceedings: Based on the statement of B.G. there was prepared a letter
in name of the governor of Gardabani municipality and the Gardabani
municipality governance was requested to fulfill its obligation within the
second part of Article 27 of Georgian law about social protection of persons
with disabilities and provide B.G with living space.
According to the answer received from the Gardabani municipality they
dont have enough funds for providing B.G. with housing.
The non-governmental organization Partnership for Human Rights prepared
an administrative act that considered the annulment of the individual
administrative-legal act issued by the Gardabani municipality and issuing a
new act with the aim of provision of B.G. with housing.
Result: Merits of the case are over and court decision must be declared.
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The only obstacle for her to live independently with her family is the absence
of housing.
Used law: The second part of the Article 27 of Georgian law about Social
protection of persons with disabilities considers the obligation of the local
self-government bodies to provide those persons with disabilities that after
rehabilitation dont need boarding house any more with the housing.
Proceedings: Based on the statement of L.N. there was prepared a letter
in name of the Kutaisi city mayor and the Kutaisi city hall was requested
to fulfill its obligation within the second part of Article 27 of Georgian law
about social protection of persons with disabilities and provide L.N. with
living space. The reason why we chose the Kutaisi city hall was that L.N. has
seasonal job in Kutaisi city and if she is provided with housing there, she will
not have to search for job any more.
According to the answer received from the Kutaisi city hall they dont have
enough resources for providing B.G. with housing.
The non-governmental organization Partnership for Human Rights prepared
an administrative act that considered the annulment of the individual
administrative-legal act issued by the Kutaisi city municipality and issuing a
new act with the aim of provision of L.N. with housing.
Result: According to the court decision the suit of L.N was satisfied and
Kutaisi city hall was obliged to give her housing.
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III. Conclusion
The project executing group fulfilled all activities determined by the indicators
of execution of the community communication strategy. This considered
the promotion of rights of persons with disabilities by corresponding
recommendations, legal consultations and strategic proceedings. Its goal
was to quickly and effectively solve the problems of persons with disabilities
by individual proceedings and recommendations at the level of the selfgovernment.
The indicator of the execution of the community communication strategy
determined by the logical frame was the involvement of up to 250 people
in the project. According to the reached results, 182 people were involved
in the community communication strategy by individual statements and
consultations. However in addition to the individual applicants, their family
members were also included in majority of cases, such as social assistance
for vulnerable family, inclusion of a child in kindergarten, define a status for a
child with disability, allocation of space for Rustavi day care center and create
a board of persons with disabilities at the self-government level. One of the
goals of the community communication strategy was to prepare and give
recommendations to the self-government bodies about the protection of
rights of persons with disabilities. 8 such recommendations were prepared
during the project. This means that more than 250 people were involved in
the project of society communication, among them persons with disabilities
and also their family members.
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