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

2021 ◽  
Author(s):  
Bradley Megan
Keyword(s):  
Data Collection ◽  
Power Relations ◽  
Internally Displaced Persons ◽  
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.

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.

Human Mobility in the Middle East

2020 ◽  
pp. 1-18
Author(s):  
Zahra Babar
Keyword(s):  
Middle East ◽  
Asylum Seekers ◽  
Human Mobility ◽  
Internally Displaced Persons ◽  
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.

scholarly journals INTEGRATION OF INTERNALLY DISPLACED PERSONS IN THE SOCIETY

2019 ◽  
Vol 125 (4) ◽  
pp. 38-48
Author(s):  
Nina A. Krakhmalova
Keyword(s):  
Social Services ◽  
Government Support ◽  
Traumatic Experiences ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Social Events ◽  
Forced Migrants ◽  
The Government ◽  
Favourable Environment

The paper seeks to provide insights to the nature and problematic issues as well as to specify the institutes for adaptation and integration of internally displaced persons in modern Ukraine. Yet, a vast range of problems faced by IDPS in the process of their adaptation remains unresolved so far. Among the major challenges of IDP social integration are as follows: housing and employment problems, financial hardship, dissolution of family ties, the problem of adaptation, etc. The situation and problems of internally displaced persons have been analyzed along with providing a socio-demographic portrait of IDP in Ukraine, the key challenges for IDPS have been revealed. According to the survey, forced migrants maintain close relationships with charity organizations and government social services (respectively 69% and 44% of respondents, respectively). The problem of employment is the survival issue for IDPS in modern realia, since the government support fails to cover even the accommodation costs. Housing rent and utilities expenditures account for almost the entire income of IDPS. Apart from financial problems, a great number of IDPS worry about the ongoing war in Ukraine and strive for peace (84% of respondents) as well as the failure to be with their families (42% of respondents), which are important for the process of adaptation. The research findings offer the following recommendations to be undertaken: the government support must primarily be targeted to resolve the major problems that IDPS cannot overcome on their own, i. e. finding a place to live and employment. It is critical to create favourable environment and incentives for those employers who employ migrants. This will raise the level of IDPs competitiveness in the labour market, thus making their adaptation much easier. Since people have undergone through extremely traumatic experiences due to military actions and the process of resettlement, forced migrants need psychological assistance. Local communities should engage IDPS into social events to foster their integration. In conclusion, it is argued that internally displaced persons are a potential that will allow Ukraine to flourish, live in peace and consent in a single territory, for the sake of a bright future of the nation. The strategies and mechanisms for internally displaced persons adaptation and integration into the new social and cultural environment have been explored; the role of the government, volunteers and international organizations in promoting the adaptation and integration of internally displaced persons has been specified.

scholarly journals Features of the adaptation of internally displaced persons to the new social environment

2021 ◽  
pp. 24-29
Author(s):  
Tarlan Tagiyeva
Keyword(s):  
Social Environment ◽  
Local Population ◽  
The State ◽  
Social Adaptation ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Relevant Today ◽  
Military Conflicts ◽  
Forced Migrants

The issues of adaptation to a new environment have always been relevant, today they are also important, since in the context of globalization people are "eternal nomads" (Attali) looking for a better life. Along with this, the concept of "forced migrants" has long been included in the scientific circulation, as a category of people, for various reasons forcibly or for reasons beyond their control, who left their habitable places. The adaptation of internally displaced persons who have become victims of military conflicts is especially painful, since the state, as a rule, is not able to provide them with timely and necessary assistance. There are peculiarities of communication between the settlers and the local population, which should be taken into account in the matter of psychological rehabilitation and subsequent social adaptation.

Forced Migrants: Refugees and Internally Displaced Persons

2019 ◽  
pp. 213-228
Author(s):  
Michael J. Toole
Keyword(s):  
Risk Factors ◽  
Asylum Seekers ◽  
Internally Displaced Persons ◽  
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.

Colombia's Internally Displaced Persons: The Trauma Signature

2012 ◽  
Author(s):  
Zelde Espinel ◽  
James Shultz ◽  
Anna Ordonez ◽  
Yuval Neria
Keyword(s):  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced
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