Codification of international rules on internally displaced persons: An area where both human rights and humanitarian law considerations are being taken into account

1998 ◽  
Vol 38 (324) ◽  
pp. 463-466 ◽  
Author(s):  
Robert K. Goldman
Keyword(s):  
Human Rights ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Guiding Principles ◽  
Executive Boards

This past April the Representative of the United Nations Secretary-General on Internally Displaced Persons, Francis M. Deng, presented to the UN Commission on Human Rights, at its 54th session, a report with an addendum entitled Guiding Principles on Internal Displacement (hereinafter “Guiding Principles”). The Commission adopted by consensus a resolution co-sponsored by more than 50 States which, inter alia, took note of the decision of the Inter-Agency Standing Committee welcoming the Guiding Principles and encouraging its members to share them with their Executive Boards, and also of Mr. Deng's stated intention to make use of these principles in his dialogue with governments and intergovernmental and non-governmental organizations. These principles are an important milestone in the process of establishing a generally accepted normative framework for the protection of the estimated 20 to 25 million internally displaced persons worldwide.

The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)

2013 ◽  
Vol 52 (1) ◽  
pp. 397-410 ◽  
Author(s):  
Mike Asplet ◽  
Megan Bradley
Keyword(s):  
Human Rights ◽  
Best Practice ◽  
Sub Saharan Africa ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Sub Saharan

Known as the Kampala Convention, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa is the first regional treaty to comprehensively address the issue of internal displacement. Having entered into force with its fifteenth ratification on December 6, 2012, the Convention tackles a major humanitarian, human rights, and development issue for the African continent, as there are more than 9.7 million internally displaced persons (IDPs) in sub-Saharan Africa alone. The treaty builds on the 1998 Guiding Principles on Internal Displacement, integrating international human rights and humanitarian law norms as they relate to internal displacement, and incorporating principles from African regional standards such as the African Charter on Human and Peoples’ Rights, and the Great Lakes Protocol. While rooted in these standards, the Convention also reflects recent developments and the evolution of best practice regarding IDP protection. In so doing, the Convention advances the normative standard on internal displacement in a number of important areas, including in terms of the prohibition on arbitrary displacement; the responsibilities of international and regional organizations; internal displacement linked to the effects of climate change; and remedies for those affected by displacement.

Regionalizing Protection: au and asean Responses to Mass Atrocity Crimes against Internally Displaced Persons

2016 ◽  
Vol 8 (2-3) ◽  
pp. 295-326 ◽  
Author(s):  
Phil Orchard
Keyword(s):  
Human Rights ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Robust Implementation ◽  
Mass Atrocity ◽  
Guiding Principles ◽  
Enforcement Mechanisms ◽  
Atrocity Crimes

Forcible displacement can constitute a mass atrocity crime. This is something that is considered within the non-binding Guiding Principles on Internal Displacement. Efforts to implement the Guiding Principles at the regional level suggest one path to implement stronger legal protections for internally displaced persons (idps), in particular, against mass atrocity crimes. These regional processes, however, can vary in remarkable ways. In the African Union, the Kampala Convention has brought the Guiding Principles and protections against mass atrocity crimes directed at idps into regional hard law; it also includes robust implementation and enforcement mechanisms. At this stage, however, these mechanisms remain anticipatory rather than effective; consequently international assistance will be vital to entrench the rights anchored in the Convention. By contrast, asean has introduced no overt protections for idps. However, its developing legal human rights framework through the asean Declaration of Human Rights, coupled with the Association’s response to the Rohingya idp crisis in Myanmar, suggests that a policy-focused change, while incremental, may be happening.

scholarly journals The Normative Influence of the UN Guiding Principles on the Kampala Convention in the Protection of Internally Displaced Persons in Africa

2021 ◽  
pp. 1-14
Author(s):  
Francis M Deng ◽  
Romola Adeola
Keyword(s):  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Political Commitment ◽  
Internally Displaced ◽  
General Terms ◽  
African Context ◽  
Guiding Principles ◽  
Made In

Abstract Over the last several decades, states have demonstrated significant political commitment towards advancing protection and assistance for internally displaced persons. A notable form in which this commitment has been reflected is in the emergence of normative standards, with the UN Guiding Principles on Internal Displacement (UNGP) as the guiding text. The fact that the UNGP framework has found expression in the landscape on internal displacement is evidenced at various levels of governance. Within the African context, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) draws on pertinent normative frameworks, with the UNGP as the leading framework. While this point is often made in general terms, this article focuses on the extent to which the norm on internal displacement has diffused and expanded within the African context.

scholarly journals Influence of Social Capital on Livelihood Outcomes for the Internally Displaced Persons in Kenya: A Social Capital Approach

2017 ◽  
Vol 13 (26) ◽  
pp. 266 ◽  
Author(s):  
Christopher Nkonge Kiboro
Keyword(s):  
Social Capital ◽  
Economic Development ◽  
Local Level ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Governmental Organizations ◽  
The Poor ◽  
Non Governmental Organizations ◽  
Essential Services

Social capital is increasingly recognized as important in influencing economic development, establishment of safe neighborhoods and wellfunctioning communities. There is growing evidence that communities with relatively higher stocks of social capital in form of grassroots associations appear to achieve higher levels of growth compared to societies with low stocks of social capital. This study sought to investigate the influence of social Capital on the livelihood outcomes for the internally displaced persons in Kenya. Membership to local level associations was used as a predictor of social capital. The study revealed that majority of the households that were affiliated to local level associations obtained essential services that influenced their livelihoods positively. Overall, the findings reveal that memberships in local associations (social capital) tend to insulate households from risks and other exigencies. The study recommends that government and other stakeholders such as non-governmental organizations should formulate projects and programs that seek to promote wider participation in local level associations particularly by the poor and those whose livelihoods are vulnerable.

Access to Justice for Internally Displaced Persons: The Global Legal Order

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Leah Ndimurwimo ◽  
Leonard Opara
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Legal Education ◽  
Internal Displacement ◽  
Teaching Methodology ◽  
Access To Justice ◽  
Internally Displaced Persons ◽  
Economic Assistance ◽  
Displaced Persons ◽  
Internally Displaced

Internally displaced persons are people who are uprooted from their social, economic, cultural and educational environment and made squatters or homeless within the jurisdiction of their own country. They consequently have no permanent place of abode. Internal displacement therefore becomes a situation that deprives individuals of access to justice and leads to violations of the human rights of categories of citizens. For example, women, children and the elderly are more vulnerable and lack social-economic assistance from their loved ones and family support because of their internal displacement. Their situation denies them access to justice from several perspectives, such as being in a state of despair, instability and uncertainty. This article examines the ways in which the domestication of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa of 2009 (the Kampala Convention) and clinical legal education can be used to promote access for internally displaced persons to justice and basic human rights. In this regard, the article further analyses access to justice for internally displaced persons through the teaching methodology of clinical legal education in African legal jurisprudence. Finally, the article recommends the involvement of legal clinicians and other practitioners as advocates of internally displaced persons’ access to justice, respect for human rights and the rule of law as a requirement for the domestication of the Kampala Convention by Member States in Africa.

In Lieu of a Travaux Préparatoires: A Commentary on the Kampala Convention for IDPs

2019 ◽  
Vol 31 (2-3) ◽  
pp. 349-378
Author(s):  
J O Moses Okello
Keyword(s):  
Human Rights ◽  
Public Domain ◽  
The Body ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Human Rights Law ◽  
Internally Displaced ◽  
The Public ◽  
Personal Involvement

Abstract The Kampala Convention was adopted on 23 October 2009 and came into force on 4 January 2013. The first binding international instrument for the protection and assistance of internally displaced persons, it occupies an important space among the body of African regional humanitarian and human rights law. The Convention addresses all stages of internal displacement and provides a framework for coordinating activities by governments and humanitarian actors aimed at preventing and addressing internal displacement. The Kampala Convention is the result of many years of work, although no formal records of its drafting and negotiation were kept. This article contributes towards addressing this gap. Based on the author’s personal involvement in the Convention’s drafting, and supplementing earlier research, this article shares information previously unavailable in the public domain and provides a commentary on some of the Convention’s provisions.

scholarly journals Effect of beneficiary participation in program design and implementation on satisfaction and acceptability among internally displaced persons in Borno, Nigeria

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Igbaver Isaac Ieren ◽  
Salome Kabuk-Agbadu ◽  
Chukwuma Umeokonkwo
Keyword(s):  
Open Data ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Level Of Involvement ◽  
Internally Displaced ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Security Challenges ◽  
Planning Implementation ◽  
Open Data Kit

AbstractInsurgency and other security challenges have intensified across Nigeria with a resultant displacement of over a million people from over 100,000 households who depend on interventions from government and non-governmental organizations for survival since 2009. We conducted the study to determine the level of involvement of the displaced persons in planning, implementation and review of these interventions, and the effect of the participation on satisfaction with the interventions among camp dwellers in selected camps in Borno, Nigeria. A total of 278 internally displaced persons (IDPs) across 9 IDP camps were surveyed using an interviewer-administered questionnaire. Data was collected using Android-based Open Data Kit (ODK), exported into Microsoft Excel, and analyzed with SPSS version 21. Out of the 278 respondents, 143 (51.4%) were male, 82 (29.5%) respondents were within the age bracket of 26-35 years and above (mean age 38.9±12.3), over 78% were married, and 29.9% were involved in trading before their displacement. Among the respondents, 256 (92.1%) had benefitted from at least one intervention during their stay in the IDP camps. Over 96% of the beneficiaries were female, compared to 87.4% of males, which was statistically significant (p<0.05). All the respondents within the age group 26-35 years and above 45 years old who had received information about the interventions were satisfied, and this finding was statistically significant (p<0.05). Overall, 91.5% of respondents who had benefitted from previous interventions would like to be involved in all the intervention stages (planning, implementation, and review). In comparison, 100% of IDPs who benefitted from previous interventions would like to be involved in the implementation, and 96.8% of them would like to be involved in planning the proposed interventions. To ensure maximum coverage, and that optimum benefit is derived from development projects, beneficiaries should be involved in all stages of the project cycle.

scholarly journals A multifacetária legitimidade da Soft Law e o caso do Guiding Principles on Internal Displacement

2021 ◽  
Vol 1 (21) ◽  
pp. 703
Author(s):  
Rodrigo Lobato Oliveira de Souza
Keyword(s):  
Global Governance ◽  
Internal Displacement ◽  
Soft Law ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Guiding Principles

O presente texto possui como ponto central o estudo da Soft Law como novo paradigma do cenário jurídico-normativo internacional, tratando especificamente do Guiding Principles on Internal Displacement como documento direcionado ao estabelecimento de padrões mínimos para a proteção dos deslocados internos (internally displaced persons), bem como a prevenção e solução dos problemas relativos ao internal displacement. Sustentando-se a tese de que tal documento constitui uma verdadeira “Constituição do subsistema parcial dos internally displaced”, analisa-o sob a ótica da Global Governance e do Transconstitucionalismo, defendendo, assim, sua normatividade, juridicidade e legitimidade plural e difusa.

scholarly journals International legal framework for the protection of internally displaced persons

2019 ◽  
Vol 31 (1) ◽  
pp. 203-208
Author(s):  
A. Sheludchenkova ◽  
O. Spector ◽  
A. Derkach
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Internally Displaced People ◽  
Or Groups ◽  
Displaced People

The author defines the notion of the internally displaced people, analyses the reasons of their appearance and compares the internally displaced people and refugees’ legal status. Internally Displaced Persons were defined in 1992 by the Commission on Human rights as “Persons or groups who have been forced to flee their homes suddenly or unexpectedly in large numbers, as a result of armed conflict, internal strife, systematic violations of human rights or natural or man-made disaster, and who are within the territory of their own country”. There is no universal legally binding instrument for protecting and assisting internally displaced persons. The Guiding Principles on Internal Displacement were recognized by the UN General Assembly are not of a binding character.

Guiding Principles on Internal Displacement

1998 ◽  
Vol 38 (324) ◽  
pp. 545-556
Keyword(s):  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Forced Displacement ◽  
Internally Displaced ◽  
Guiding Principles

These Guiding Principles address the specific needs of internally displaced persons worldwide. They identify rights and guarantees relevant to the protection of persons from forced displacement and to their protection and assistance during displacement as well as during return or resettlement and reintegration.

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