Commentary by Commissioner Anas Kishmaria regarding the dissemination of information about violations of citizens' rights
8 July 2024
On July 4, 2024 an article was published in some media and Internet resources about employees of the Grand Hotel Russia located in the Gudauta region of Abkhazia, as stated in the article faced violations of the labor legislation of the Republic of Abkhazia “by the administration of the resort facility, which mainly employs local residents.”
The article states that there are no employment contracts concluded with the maids at this hotel. In addition, due to the lack of sufficient staff, maids are forced to perform additional work (clean more rooms), which is not paid. Also, as the article states according to the workers, working conditions are not respected, there are no breaks for rest and food and annual leave and sick leave are not provided.
In connection with the publication of this information, I consider it necessary to note that in accordance with the RA Law “On the Commissioner for Human Rights in the Republic of Abkhazia”, the position of the Commissioner was established in order to ensure guarantees of state protection of human rights and freedom. At the same time, the activities of the Commissioner complement the existing means of protecting rights and freedom, and do not cancel or entail a revision of the competence of public authorities ensuring the protection and restoration of violated rights and freedoms. That is, the idea of a human rights institution is to protect human rights and freedoms in his relations with officials and government bodies, both in Abkhazia and throughout the world and not to protect rights and freedoms in relations between individuals, legal entities or between an individual and a legal entity. The subject of the Ombudsman's activities is the protection of human rights and freedom that were violated solely by the actions (inaction) of government bodies or officials.
Based on the above, as well as in order to fulfill its tasks and provide guarantees of state protection of the rights and freedom of man and citizen, on July 5, 2024 a request was sent to the prosecutor's office of the Gudauta district of the Republic of Abkhazia to provide information on measures to respond to the facts of labor violations set out in the published article rights of citizens of the Republic of Abkhazia.
I express hope for fruitful interaction between the Abkhaz media and our institute in matters of protecting human rights and freedom. We are open to cooperation and are ready to assist in clarifying not only socially significant information but also in situations where a specific person encounters isolated violations of rights.
The article states that there are no employment contracts concluded with the maids at this hotel. In addition, due to the lack of sufficient staff, maids are forced to perform additional work (clean more rooms), which is not paid. Also, as the article states according to the workers, working conditions are not respected, there are no breaks for rest and food and annual leave and sick leave are not provided.
In connection with the publication of this information, I consider it necessary to note that in accordance with the RA Law “On the Commissioner for Human Rights in the Republic of Abkhazia”, the position of the Commissioner was established in order to ensure guarantees of state protection of human rights and freedom. At the same time, the activities of the Commissioner complement the existing means of protecting rights and freedom, and do not cancel or entail a revision of the competence of public authorities ensuring the protection and restoration of violated rights and freedoms. That is, the idea of a human rights institution is to protect human rights and freedoms in his relations with officials and government bodies, both in Abkhazia and throughout the world and not to protect rights and freedoms in relations between individuals, legal entities or between an individual and a legal entity. The subject of the Ombudsman's activities is the protection of human rights and freedom that were violated solely by the actions (inaction) of government bodies or officials.
Based on the above, as well as in order to fulfill its tasks and provide guarantees of state protection of the rights and freedom of man and citizen, on July 5, 2024 a request was sent to the prosecutor's office of the Gudauta district of the Republic of Abkhazia to provide information on measures to respond to the facts of labor violations set out in the published article rights of citizens of the Republic of Abkhazia.
I express hope for fruitful interaction between the Abkhaz media and our institute in matters of protecting human rights and freedom. We are open to cooperation and are ready to assist in clarifying not only socially significant information but also in situations where a specific person encounters isolated violations of rights.