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POLITICS AND HUMAN RIGHTS IN CONFLICT REGIONS /
Analytical Documents
Surname Changes and Passportization Practices in Gali – Continuation of Assimilation Policy
Introduction
From the conclusion of the conflict in Abkhazia to the current day, the policies implemented by the de facto governments towards the local Georgian population have fluctuated yet have consistently maintained a discriminatory character. As a result, the ethnic Georgian community in the Gali region has endured systematic exclusion and marginalization. The inaction of the Georgian side in confronting the de facto government's discriminatory practices, along with their harsh legal and social consequences, leads to the double abandonment of the residents of Gali. [1]
Systemic barriers established by the de facto authorities concerning status and documentation impede the residents of Gali from accessing their fundamental rights. These rights include the freedom of movement, property rights, the right to participate in elections and in public life, among others.[2] In 2005, Abkhazia introduced the so-called "Law on Citizenship of the Republic of Abkhazia," which, because of its stringent requirements, does not allow the ethnic Georgian population to acquire so-called Abkhazian citizenship. This, in turn, hinders Gali residents from engaging in local civil and political processes, accessing state services, registering property, and etc. Currently, nearly the entire Gali population[3] holds residence permits (approximately 21,000 individuals)[4], which allow them to cross the so-called border and enter Georgian controlled territory. The vast majority of Gali residents do not possess an 'Abkhazian passport' and instead carry Georgian passports and identity cards, which the de facto administration of Abkhazia does not recognize. According to the Public Defender, as of 2021, only around 1,000 Gali residents hold Abkhazian passports. [5]
According to the so-called Abkhazian legislation, it is impossible for ethnic Georgians to obtain an “Abkhazian passport”. A primary requirement stipulates that an individual of non-Abkhaz ethnicity can only acquire “Abkhazian citizenship” if they had resided in Abkhazia for five years prior to 1999, before the declaration of Abkhazian independence. Thus, the regulation effectively excludes ethnic Georgians who were displaced from Gali in 1992-1993, gradually returned from 1994 to 1998, and subsequently faced renewed exile due to renewed armed hostilities.[6]
Valery Kvarchia, the "deputy" of Abkhazia's de facto parliament, introduced an initiative in 2021 that proposed that individuals who changed their Megrelian surnames to Abkhazian ones would be eligible for an Abkhazian passport. This initiative called for amendments to the so-called Abkhazian Civil Code and Civil Acts.
In the proposed amendments, Article 64 of the so-called Law on Civil Acts incorporates the phrase "or restoration of Abkhazian nationality" into the term "change of nationality". This implies that "Abkhazian citizens, foreign nationals, or persons without citizenship residing in the territory of Abkhazia will have the opportunity to reclaim Abkhazian national affiliation through changing their surnames accordingly." The initiator of the "draft law", Valery Kvarchia, stated that obtaining Abkhazian citizenship through the change of surname or nationality would only be possible for individuals who have at least one Abkhazian parent. However, the so-called law does not regulate the restoration of nationality for those who do not hold Abkhazian citizenship and reside in Abkhazia. This refers to Abkhaz people living around the world who migrated from Abkhazia centuries ago, as well as Murzakan-Abkhazs who were forcibly stripped of their nationality. According to his explanation, this category includes ethnically Abkhazs (Abaz) who are direct descendants of those displaced and forcibly resettled from Abkhazia as a result of Russian-Caucasian or Russian-Turkish wars, and who also changed their surnames during other events in the 19th and 20th centuries, and who wish to restore their original surnames and nationalities.[7] The same changes were applied to the so-called Article 47 of the Civil Code. According to the amendment, Abkhaz and foreign nationals, as well as persons without citizenship residing in the territory of Abkhazia, would have the opportunity to "restore Abkhazian national affiliation".[8] On December 7, 2023, both of these amendments were unanimously adopted by the de facto parliament.[9]
This study explores the attitudes and opinions of Gali residents regarding the so-called passportization process. To this end, the research was conducted from April to June 2024 in the town of Gali and in six nearby villages, namely Zemo Barghebi, Sida, Saberio, Lekukhona, Chuburkhinji, and Otobaya. Eighteen respondents from diverse age groups (25-60 and 60-90 years old) participated in the study, to protect their privacy and security, their real names will remain undisclosed. The participants shared their perspectives on the necessity of obtaining the so-called Abkhazian passport and on the adoption of a new approach to surname changes. Furthermore, the study evaluates the process through a human rights lens, based on international and regional legal frameworks.
