1. Who are refugees and other forced migrants?

Internally Displaced ◽

National Courts ◽

Forced Migrants ◽

This chapter defines who refugees are. Persons recognized as refugees are individuals who have fled persecution and conflict in their home country and no longer enjoy the legal protections afforded to citizens of a state. As a consequence, the 1951 Refugee Convention stipulates that refugees should be protected and should have access to national courts, the right to employment and education, and a host of other social, economic, and civil rights on a par with nationals of the host country. The chapter then looks at the differences between refugees, asylum seekers, and internally displaced persons (IDPs), and why they leave their home countries. Together, they are referred to as forced migrants.

Human Mobility in the Middle East

Mobility and Forced Displacement in the Middle East ◽

10.1093/oso/9780197531365.003.0001 ◽

2020 ◽

pp. 1-18

Author(s):

Zahra Babar

Keyword(s):

Middle East ◽

Asylum Seekers ◽

Human Mobility ◽

Displaced Persons ◽

Internally Displaced ◽

Annual Basis ◽

Forced Migrants ◽

Complex Patterns ◽

Refugees And Asylum Seekers

Between the two poles of moving purely out of choice or moving because one has no other option but to leave, there are a variety of circumstances and nuanced motivations that lie somewhere in the middle. No matter what the personal or circumstantial drivers and reasons that propel it, migration on an annual basis occurs for millions of people. The term “migration” is itself used to describe varied and complex patterns of human mobility that occur internally within a state or region, as well as those taking place across borders, internationally, and trans-continentally. Migration can be applied to the categories of people moving as a result of their own agency, voluntarily, and as an individual or familial choice. It can also be used to describe the categories of those having to move by force or under duress, and this includes the mobility experiences of forced migrants, internally displaced persons, refugees, and asylum-seekers.

Guarantees for Exercising and Protecting the Property Right of Internally Displaced Persons

Bulletin of Kharkiv National University of Internal Affairs ◽

10.32631/v.2020.4.12 ◽

2020 ◽

Vol 91 (4) ◽

pp. 130-139

Author(s):

Z. I. Knysh

Keyword(s):

Civil Rights ◽

Property Rights ◽

Legal Status ◽

Property Right ◽

Displaced Persons ◽

Internally Displaced ◽

Concrete Action ◽

The Difference ◽

The author has researched property relations of internally displaced persons, the peculiarities of which are determined by their legal status and the lack of sufficient legislative regulation to protect their property status. It has been emphasized that the realization of property rights occurs through the will and actions of the owner, which must fully comply with legal requirements, because the right of the owner to actions and the actions themselves – differ from each other. The difference between the content of a subjective right and its realization is, first of all, that the content of a subjective right covers only the possible behavior of an authorized person, and the realization of the right is a real, concrete action that leads to legal consequences. Therefore, the realization of property rights by internally displaced persons is absolute, i.e. absolute civil rights apply to an indefinite number of persons, except for the right of the owner. The legal categories of “realization”, “protection” and “defense” have been analyzed as integral components of the property right of internally displaced persons. It has been stated that protection is the category of the normal state of existence of the subjective right, and defense is the category of the subjective right in a violated state. It has been proved that in most cases people who have left their place of residence due to armed conflict or other forms of violence do not have a real opportunity to realize actual and sometimes legal (for example, due to the lack of proper documents on the property) possession. It indicates the need to introduce guarantees that will ensure not only the realization of property rights by internally displaced persons, but also the safety of their property. It has been offered to understand the guarantees of property rights of internally displaced persons as a set of methods, means and procedures aimed at ensuring the realization of their property rights. The author has formulated own definition and has suggested the classification of guarantees of property rights of internally displaced persons, with their division into general and special, as well as guarantees of the realization of the rights and guarantees of protection.

Forced Migrants: Refugees and Internally Displaced Persons

Social Injustice and Public Health ◽

10.1093/oso/9780190914653.003.0011 ◽

2019 ◽

pp. 213-228

Author(s):

Michael J. Toole

Keyword(s):

Risk Factors ◽

Asylum Seekers ◽

Social Injustice ◽

Displaced Persons ◽

Internally Displaced ◽

Poor Countries ◽

Increased Risk ◽

The Social ◽

Forced Migrants

This chapter addresses the social injustice experienced by refugees and internally displaced persons. There are approximately 25.4 million refugees and approximately 40.0 million internally displaced persons globally, in addition to 3.1 million asylum seekers. This chapter describes morbidity and mortality in these populations and the increased risk factors that refugees and internally displaced persons face. It provides many specific examples of the effects of social injustice in these populations. The chapter describes international responses to the needs of these populations. It includes a discussion of what needs to be done. The author concludes that the plight of refugees and internally displaced persons can be addressed only if the international community is serious about addressing the root causes of poverty, poor governments, exploitation, and inequities between rich and poor countries.

Wasted Lives: Internally Displaced Persons Living in Camps in Kenya

Journal of International Humanitarian Legal Studies ◽

10.1163/187815211x555335 ◽

2010 ◽

Vol 1 (2) ◽

pp. 233-274 ◽

Cited By ~ 2

Author(s):

Edwin Odhiambo Abuya ◽

Charles Ikobe

Keyword(s):

Social Economic ◽

Basic Needs ◽

International Standards ◽

Displaced Persons ◽

Internally Displaced ◽

The Government ◽

The Right ◽

Election Violence

AbstractThis article evaluates the protection that the Government of Kenya off ered to those who fled to camps in the wake of the post-election violence that gripped the country in 2007. It focuses on basic needs, social economic entitlements and the right to return one's pre-conflict home. The article contends that, overall, the Government failed to meet its obligations as required by national and international standards on the protection of internally displaced persons. To conclude, specific recommendations, which would ameliorate the suff ering that IDPs continue to face in transitional states such as Kenya, are made.

Refugees, Persons of Concern, and People on the Move: The Broadening Boundaries of UNHCR

Refuge ◽

10.25071/1920-7336.30611 ◽

1969 ◽

Vol 26 (1) ◽

pp. 73-76 ◽

Cited By ~ 2

Author(s):

Jeff Crisp

Keyword(s):

Asylum Seekers ◽

Displaced Persons ◽

Internally Displaced ◽

Operational Activities ◽

The Way

This article examines the way in which UNHCR has expanded its range of policy interests and operational activities since its establishment in 1951, focusing on the extension of the organization’s mission from refugees to groups such as asylum seekers, returnees, stateless populations, internally displaced persons, and victims of natural disasters.The article identifies the different factors that have contributed to this expansionist process, examines its implications for UNHCR’s core mandate, and asks whether the process is an irreversible one.

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

Journal of Law Society and Development ◽

10.25159/2520-9515/6901 ◽

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 ◽

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.

Part VIII Accountability for Displacement and Refugee Rights Violations, Ch.62 Restitution and Other Remedies for Refugees and Internally Displaced Persons

The Oxford Handbook of International Refugee Law ◽

10.1093/law/9780198848639.003.0063 ◽

2021 ◽

Author(s):

Bradley Megan

Keyword(s):

Data Collection ◽

Power Relations ◽

Court Decisions ◽

Displaced Persons ◽

Internally Displaced ◽

Forced Migrants ◽

State Of Research ◽

Evidentiary Standards ◽

Made In

This chapter explores restitution and other remedies for refugees and internally displaced persons (IDPs). Most refugees and IDPs never receive any formal redress for the wrongs they have suffered. Yet over the past 30 years, significant progress has been made in advancing international norms on remedies for refugees and IDPs, and experiences in countries from Bosnia and Kosovo to Rwanda and Iraq have strengthened understanding of the challenges involved in translating these principles into practice. Efforts have focused predominantly on the restitution of housing, land, and property (HLP), with the assumption that this is the most pertinent remedy for forced migrants, particularly because it may help enable return as the ‘preferred’ solution to displacement. The chapter assesses these developments and the state of research on this pivotal challenge. It reviews the approaches taken in major peace treaties, court decisions, and standards. The chapter then reflects on five intertwined challenges: (i) developing appropriate data collection techniques and evidentiary standards; (ii) balancing the rights of ‘secondary occupants’ and people in protracted displacement; (iii) mitigating risks associated with HLP restitution; (iv) developing a better understanding of how gender, race, class, and other intersecting power relations influence redress; and (v) moving beyond a narrow focus on property restitution to consider the wider range of losses associated with displacement.

Mauritian Courts and the Protection of the Rights of Asylum Seekers in the Absence of Dedicated Legislation

International Journal of Refugee Law ◽

10.1093/ijrl/eez036 ◽

2019 ◽

Vol 31 (2-3) ◽

pp. 321-342

Author(s):

Jamil Ddamulira Mujuzi

Keyword(s):

Human Rights ◽

Asylum Seeker ◽

Asylum Seekers ◽

African Union ◽

International Human Rights ◽

Internally Displaced ◽

Domestic Legislation ◽

The Status ◽

International Human

Abstract Mauritius became a party to the 1951 Refugee Convention through succession but is yet to accede to the 1967 Protocol relating to the Status of Refugees. It has signed but not yet ratified the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa and has not signed the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa. Unlike many other countries in Africa, Mauritius has not yet enacted domestic legislation dealing with the issue of refugees. However, international human rights obligations and domestic legislation allow the rights of asylum seekers to be protected in Mauritius. This article argues that the principle of non-refoulement bars Mauritius from extraditing or deporting an asylum seeker to a country where he or she will be persecuted or where his or her rights will be violated, and that asylum seekers and citizens are equally protected by the Constitution with regard to absolute rights. However, limitations may be imposed on asylum seekers in their enjoyment of non-absolute rights. For such limitations to be lawful, they must aim to achieve the objectives stipulated in section 3 of the Constitution.

Sovereignty, Internal Displacement And Right Of Intervention: Perspectives From The African Union’s Constitutive Act And The Convention For The Protection And Assistance Of Internally Displaced Persons

UUM Journal of Legal Studies ◽

10.32890/uumjls.7.2016.4633 ◽

2016 ◽

Author(s):

Shedrack Ekpa ◽

Nuarrual Hilal Md Dahlan

Keyword(s):

United Nations ◽

Humanitarian Assistance ◽

State Violence ◽

Internal Displacement ◽

Displaced Persons ◽

Internally Displaced ◽

Human Rights Protection ◽

The United Nations ◽

The end of the cold war and the beginning of the new millennium brought with it a new phase in state relations in Africa as more persons became forcefully uprooted from their homes and their rights violated with impunity due to intractable internal conflicts amidst the Westphalian notion of sovereignty which frowns at interference in the internal affairs of any state which was the fulcrum upon which the United Nations (UN) and Organization of African Unity (OAU) was founded. This new awakening has increasingly made perception of sovereignty to be people oriented. In the case of the Africa which is the crux of this paper, the eventual change from OAU to AU was significant as the coming into force of African Union’s Constitutive Act and the Convention for the Protection and Assistance of Internally Displaced Persons climaxed major twist in the Africa’s perception of sovereignty and the right of intervention in relation to internally displaced persons (IDPs) within the continent. This article examines briefly the historical evolution of the concept of sovereignty and the right of intervention and their implications in the African context, and being conceptual and doctrinal in approach it analyses the context and legality of the African Union’s right of intervention arising from the regional treaties vis-à-vis the United Nations Charter with a view to vindicating the much celebrated ‘decisive break from the past’. It concludes that African Union’s current stance represents a bold and grandiose expression that is sincerely tailored towards ensuring effective human rights protection and humanitarian assistance for over 13 million internally displaced persons (IDPs) in Africa. Finally, the article contributes significantly to the scholarly debates surrounding right of intervention in relation to internal displacement as its resolution will in one or the other helps government and other stakeholders in their quest to curtail the scourge of intra and inter-state violence in Africa. Keywords: African Union, Sovereignty, Intervention, Internally Displaced Persons, State Responsibility

The right to an adequate standard of living, the right to entrepreneurial activity and the right to a pension for internally displaced persons in Ukraine

Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav ◽

10.31733/2078-3566-2020-4-336-341 ◽

2020 ◽

Vol 4 (4) ◽

pp. 336-341

Author(s):

Nataliya Isayeva

Keyword(s):

The State ◽

Standard Of Living ◽

Entrepreneurial Activity ◽

Displaced Persons ◽

State Budget ◽

Economic Rights ◽

Internally Displaced ◽

Financial Pressure ◽

The problems of ensuring the state of such socio-economic rights and freedoms of internally displaced persons as the right to an adequate standard of living, entrepreneurship and pensions have been studied and proposals have been made to improve the existing national legislation in this area. The issue of the state of ensuring the right to an adequate standard of living for internally displaced persons and its relationship to the right to entrepreneurial activity and pension provision of such persons is covered. The issue of the state of ensuring the right to an adequate standard of living for internally displaced persons and its relationship to the right to entrepreneurial activity and pension provision of such persons is covered. It is emphasized that changes to the current legislation on the issuance of documents for the ap-pointment (recalculation) of pensions, firstly - will simplify the procedure for receiving pension benefits and social guarantees, secondly - reduce the burden on the judiciary, and thirdly - save time and money internally displaced persons for legal assistance. Thus, resolving this issue and amending the legislation will solve a set of problems, both for internally displaced persons and for the state, in terms of budget savings. It is emphasized that the solution of socio-economic problems of internally displaced persons falls on the state budget, which creates significant financial pressure. However, the state has committed itself to ensuring the constitutional rights of internally displaced persons and must therefore comply with it. Sometimes, there is not so much a need for funding as an effective mechanism for ensuring certain socio-economic rights.