Part V The Scope of Refugee Protection, Ch.47 Internal Displacement

2021 ◽  
Author(s):  
Kälin Walter
Keyword(s):  
Social Science ◽  
Internal Displacement ◽  
Soft Law ◽  
International Protection ◽  
Internally Displaced ◽  
Refugee Protection ◽  
Refugee Law ◽  
Law And Policy ◽  
Durable Solutions ◽  
Degree Of Convergence

This chapter discusses the protection of internally displaced persons (IDPs), who are all too often neglected, not only by their governments, but also by the international community. The experiences of refugees and IDPs have much in common. Thus, it is not surprising that social science approaches tend to lump refugees and IDPs together under the notion of ‘forced displacement’. By contrast, the chapter argues that refugee law and the law related to internal displacement are conceptually fundamentally different because IDPs remain citizens or habitual residents of their countries, and thus depend on the national protection of their governments, while refugees as foreigners are in need of international protection. Discussing the protection of IDPs from a comparative perspective, it analyses the Guiding Principles on Internal Displacement and their impact as a soft law instrument, as well as the legally binding Kampala Convention. Ultimately, IDP-related approaches to durable solutions can help to inform refugee law and policy, and there is already a degree of convergence between the two areas.

Palestinian Refugees in International Law

2020 ◽  
Author(s):  
Albanese Francesca P ◽  
Takkenberg Lex
Keyword(s):  
International Law ◽  
The State ◽  
International Criminal Law ◽  
Humanitarian Law ◽  
International Protection ◽  
Internally Displaced ◽  
Palestinian Refugees ◽  
Refugee Law ◽  
Durable Solutions ◽  
Second World

The Palestinian refugee question, resulting from the events surrounding the creation of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-Second World War era. Numbering over six million in the Middle East alone, Palestinian refugees’ status and treatment varies considerably according to the state or territory ‘hosting’ them, the UN agency assisting them, and political circumstances surrounding the Israeli–Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law has not been a decisive factor in discussions concerning their fate. This compelling new edition offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes the relevance of their interplay to the provision of international protection for Palestinian refugees and their quest for durable solutions.

THE INTERNALLY DISPLACED IN SOUTH ASIA: LESSONS FROM KAMPALA

2014 ◽  
Vol 15 (1-2) ◽  
pp. 147-173
Author(s):  
Menaka Lecamwasam
Keyword(s):  
South Asia ◽  
Minority Group ◽  
Internal Displacement ◽  
Displaced Persons ◽  
International Treaties ◽  
International Protection ◽  
Internally Displaced ◽  
Refugee Protection ◽  
Large Numbers ◽  
Political Borders

Exoduses, chiefly due to uncertain social and political factors, are a recurrent phenomenon in todays’ world and a reality for large numbers of people. Some cross international geo-political borders and avail themselves of the international refugee protection regime. However this is not a luxury enjoyed by all. Most displaced persons, by virtue of remaining within the borders of their own countries or territories are excluded from international protection afforded to refugees. Conflict is one of the most common causes of displacement, especially in South Asia. Conflict effected internal displacement forces the displaced to remain as a minority group within the governance of a regime that was instrumental in the initial displacement and places them in a precarious position. Even though conflict effected internal displacement is rampant in South Asia there is no parallel protection regime for internally displaced persons (IDPs). There is a dearth in comprehensive domestic laws in South Asia to address this issue and a lack of regional and/or international treaties to obligate states to take appropriate measures for the protection of IDPs. This article examines the adequacy of existing legislative and institutional arrangements in the South Asian region catering to IDPs, identifies gaps in the existing protection framework, and proposes the formulation of a new treaty for the region drawing inspiration from the Kampala Convention, addressing all phases of conflict induced displacement, as a measure of bridging this gap in protection.

Part V The Scope of Refugee Protection, Ch.43 Protecting Refugees with Disabilities

2021 ◽  
Author(s):  
Crock Mary
Keyword(s):  
Human Populations ◽  
Persons With Disabilities ◽  
Left Behind ◽  
Refugee Protection ◽  
Refugee Law ◽  
Law And Policy ◽  
Reasonable Accommodations ◽  
Durable Solutions ◽  
International Refugee Law ◽  
Definition Of

This chapter evaluates the law and policy concerning persons with disabilities displaced as refugees, beginning with a broad survey of international legal and policy frameworks. It is accepted as axiomatic that events producing refugees are a major cause of death and disability in vulnerable human populations. Counterintuitively, however, statistical data collected by both national and United Nations agencies, including UNHCR, has traditionally identified only very small numbers of refugees as having disabilities. The supposition seems to have been that persons with disabilities are not able to travel and that these individuals are most likely to be left behind to perish or otherwise suffer the slings and arrows of fate and misfortune. Research in more recent times has revealed such assumptions about the mobility of refugees with disabilities to be patently false. The chapter then looks at the intersections between refugee law and human rights laws, examining how key elements of the definition of refugee should apply to persons with disabilities. It also addresses the procedural implications of requirements that ‘reasonable accommodations’ be made in status determinations and treatment of refugees with disabilities. Finally, the chapter comments on durable solutions for refugees with disabilities and the future impact of the UN Convention on the Rights of Persons with Disabilities on international refugee law and policy.

scholarly journals Geographies of Doing Nothing–Internal Displacement and Practices of Post-Disaster Recovery in Urban Areas of the Kathmandu Valley, Nepal

2021 ◽  
Vol 10 (3) ◽  
pp. 110
Author(s):  
Alexandra Titz
Keyword(s):  
Urban Areas ◽  
Evidence Base ◽  
Internal Displacement ◽  
Kathmandu Valley ◽  
Reconstruction Process ◽  
Internally Displaced ◽  
Secondary Displacement ◽  
Displaced People ◽  
Durable Solutions ◽  
Post Disaster

Disaster-related internal displacement is on the rise in many countries and is increasingly becoming an urban phenomenon. For many people, as in the case of the earthquake disaster 2015 in Nepal, protracted or multiple disaster displacements are a lived reality. While the drivers of displacement are relatively well understood, significant uncertainties remain regarding the factors that trigger prolonged or secondary displacement and impede ending of displacement or achieving durable solutions. The purpose of this article is to illustrate and theorise the discourse of reconstruction and return that shapes experiences, strategies, and policies in order to gain a better understanding of the obstacles to pursuing durable solutions that are still shaping the reality of life for urban internally displaced people (IDPs) in Kathmandu Valley. I use the concepts of ‘fields of practice’ and ‘disaster justice’ to provide insights into the theorisation of the links between social inequality, structural forms of governance, and the reconstruction process itself. Findings demonstrate that the application of these concepts has great potential to expand our understanding of ‘realities of life’ and practices of IDPs, and thus contribute to a more differentiated evidence base for the development and implementation of appropriate disaster risk reduction policies and practices.

scholarly journals [BOOK REVIEW] Refugees, Regionalism, and Responsibility

2019 ◽  
Vol 06 (03) ◽  
pp. 638-642
Author(s):  
Jenica Alva
Keyword(s):  
International Law ◽  
International Politics ◽  
Law School ◽  
Simple Manner ◽  
Refugee Protection ◽  
Refugee Law ◽  
Innovative Idea ◽  
Durable Solutions

Penelope Mathew is a Professor of International Law and a Dean in Griffith Law School, Australia. She is a profound researcher in refugee law topics. She is admired for her innovative idea to promote regionalism as a tool for governments to leverage better protection for refugees. Studying an underexplored topic, Mathew is able to synthesize the complexity of regionalism in a simple manner to be understood easily by readers. The book is divided into two parts. The first part consists of three sub-parts: (1) regionalism position in international politics and refugee law; (2) philosophical and ethical reasons of states’ responsibility in the case of refugees; and (3) steps and actions for states to share responsibility in handling refugees. The second part looks at the regional arrangements for the protection of refugees in some detail, whether they have resulted in better refugee protection and durable solutions.

Part I International Refugee Law— Reflections on the Scholarly Field, Ch.8 The Intersection of International Refugee Law and International Statelessness Law

2021 ◽  
Author(s):  
van Waas Laura
Keyword(s):  
First Century ◽  
Forced Displacement ◽  
Refugee Protection ◽  
Refugee Law ◽  
Durable Solutions ◽  
Twenty First Century ◽  
International Refugee Law ◽  
The Relationship ◽  
Insight Into ◽  
Stateless Person

This chapter focuses on the intersection of international refugee law and international statelessness law. While refugee law, policy, doctrine, and research evolved, it was not until after the turn of the twenty-first century that international statelessness law started to draw much attention and to begin to emerge as a field of its own. As global interest in statelessness grows, the interaction between statelessness and forced displacement has also come back under the spotlight. Thus, the chapter provides an insight into the relationship between statelessness and forced displacement. It starts by unpacking how statelessness can manifest itself as a cause or consequence of displacement, as well as how statelessness can be a complicating factor for refugee protection and durable solutions. The chapter then offers a brief overview of key norms relating to the protection of stateless persons and the prevention and resolution of statelessness, setting out the contours of international statelessness law. It also looks at the implications of the statelessness–displacement nexus by exploring the conceptual and practical questions that arise when a refugee is also stateless, and when a stateless person is also a refugee.

scholarly journals UNHCR and Current Challenges in International Refugee Protection

Refuge ◽  
2004 ◽  
pp. 6-17 ◽  
Author(s):  
Ninette Kelley ◽  
Jean-Francois Durieux
Keyword(s):  
International Protection ◽  
Multilateral Cooperation ◽  
Refugee Protection ◽  
Durable Solutions ◽  
Do So

The international refugee protection regime has had both a successful and a troubled history. It has succeeded in providing international protection to millions of refugees when their own States have been unable or unwilling to do so. Despite this considerable achievement, the regime has at times failed to solve serious refugee protection problems and has not been able to effect durable solutions for many of the world’s refugees. This essay examines the current challenges to the regime from the perspectives of those most affected by them, recognizing that many of these challenges are not new. It examines how UNHCR’s mandate and activities have expanded to meet the larger number and diverse needs of those under its care. As well, it reviews the recent initiatives launched by UNHCR to strengthen international protection for refugees and expand the availability of durable solutions through enhanced multilateral cooperation.

scholarly journals Dynamic Coordination of Internal Displacement: Return and Integration Cases in Ukraine and Georgia

2020 ◽  
Vol 12 (10) ◽  
pp. 4123
Author(s):  
Oleg Bazaluk ◽  
Svitlana Balinchenko
Keyword(s):  
Russian Federation ◽  
Internal Displacement ◽  
Internally Displaced ◽  
Dynamic Coordination ◽  
Decision Making Processes ◽  
Durable Solutions ◽  
The Russian Federation ◽  
Hybrid War ◽  
Russian Military ◽  
Coordination Patterns

The conflict-related internal displacement in Ukraine since 2014, after the armed combats with Russian military forces backing the separatist administrations, as well as the occupation of Crimea by the Russian Federation have not been state-organized. They imply a range of personal choices depending on civil positions and destinations for resettlement; therefore, the affected persons get involved in the consequent practical discourses and decision-making processes. Based on the legislative acts and the international reports on internal displacement, the internal displacement due to the current hybrid war of the Russian Federation against Ukraine is compared with the first Russia-backed separatist conflicts after the collapse of the USSR—the wars in South Ossetia, in 1992, and in Abkhazia, in 2008. The internal displacement situations have been reviewed through their dynamic coordination patterns, with regard to non-equilibrium transitions, fluctuations, and adaptations triggered on the systemic, community, and personal levels, as well as to the expected durable solutions: integration, return, temporary resettlement. Therefore, we suggest, for further discussion, the patterns of bistability—for the internal displacement due to the Russo-Georgian wars of 1992 and 2008, characterized by an overfocus, in the practical discourses, on the return of the internally displaced persons (IDP), and metastability—for the conflict-related internal displacement in Ukraine, with both the return and local integration solutions creating the quasi-stable system.

scholarly journals Unintended Consequences of Adjacency Claims

2019 ◽  
Vol 25 (4) ◽  
pp. 620-644 ◽  
Author(s):  
Miriam Bradley
Keyword(s):  
Unintended Consequences ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
International Protection ◽  
Internally Displaced ◽  
Refugee Protection ◽  
Governance Arrangements ◽  
The Way

Abstract This article examines the role of adjacency claims in the development of a norm for the international protection of internally displaced persons (IDP s). Consistent with existing scholarship on adjacency claims, the construction of analogies between refugee protection and IDP protection was instrumental in garnering broad international acceptance of the IDP protection norm. However, these same analogies had an impact beyond the abstract acceptance of the norm. They were used to justify the expansion of the mandate of the UN Refugee Agency (UNHCR) to encompass IDP s, and they shaped the way UNHCR understands and implements IDP protection. UNHCR replicated its policy approach from refugees to IDP s, generating a dysfunctional approach to IDP protection. Therefore, adjacency claims can have an effect beyond garnering support for new norms, and may result in suboptimal governance arrangements for implementing those norms.

Guiding Principles on Internal Displacement: A few comments on the contribution of international humanitarian law

1998 ◽  
Vol 38 (324) ◽  
pp. 467-480 ◽  
Author(s):  
Jean-Philippe Lavoyer
Keyword(s):  
Internal Displacement ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Debate ◽  
Internally Displaced ◽  
Refugee Law ◽  
Major Development ◽  
The Subject ◽  
Guiding Principles

The very intense international debate that has taken place in recent years on the subject of internally displaced persons has recently undergone a major development — the drafting of the Guiding Principles on Internal Displacement (hereinafter referred to as the “Guiding Principles”). The distinguishing feature of these Guiding Principles is that they incorporate elements of three branches of public international law in a single document: international humanitarian law, human rights law, and refugee law. This combination calls for special comment.

Sign in / Sign up

Export Citation Format

Share Document