An Overview of Normative Frameworks for the Protection of Development-Induced IDPs in Kenya

2013 ◽  
Vol 6 (1) ◽  
pp. 17-47
Author(s):  
Laurence Juma
Keyword(s):  
Internal Displacement ◽  
Internally Displaced ◽  
Quality Of Protection ◽  
New Challenges ◽  
Guiding Principles ◽  
Domestic Level ◽  
Implementation Programme

Abstract Based on the assumption that development induced displacement brings new challenges that the existing protection frameworks may not be aptly suited to deal with, this article analyses how the existing laws have met this challenge and the prospects for further improvement. While its focus is on Kenya, it evaluates the normative quality of protection and standards offered by regional instruments against the existing, as well emerging, parameters for implementation at the domestic level. In this regard, the article examines the propriety of Kenya’s newly promulgated law on internal displacement in providing for protection for the development induced IDPs, the implementation programme that it establishes and its prospects for furthering the vision of the UN Guiding Principles on Internally Displaced and other regional instruments.

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.

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.

Internal displacement: global trends in conflict-induced displacement

2009 ◽  
Vol 91 (875) ◽  
pp. 491-508 ◽  
Author(s):  
Nina M. Birkeland
Keyword(s):  
Human Rights ◽  
Internal Displacement ◽  
Human Rights Violations ◽  
Internally Displaced ◽  
Global Trends ◽  
Displaced Populations ◽  
The World ◽  
High Figure ◽  
Guiding Principles

AbstractAt the end of 2008, the number of people internally displaced by conflict, generalized violence or human rights violations across the world stood at 26 million, a record high since the IDMC started to monitor internal displacement in 1998. This high figure remains in spite of the growing recognition and implementation of the Guiding Principles on Internal Displacement. This article presents the findings of the latest IDMC survey on trends in internal displacement, challenges faced by displaced populations, and the measures taken to address these.

Conflict-induced IDPs and the Spread of Conflict

2016 ◽  
Vol 62 (4) ◽  
pp. 691-716 ◽  
Author(s):  
Heidrun Bohnet ◽  
Fabien Cottier ◽  
Simon Hug
Keyword(s):  
Internal Displacement ◽  
Spatial Diffusion ◽  
Internally Displaced Persons ◽  
Armed Groups ◽  
Data Set ◽  
Internally Displaced ◽  
Recent Scholarship ◽  
Risk Of Predation ◽  
Domestic Level ◽  
Global Data

Recent scholarship has found evidence that refugee flows may inadvertently contribute to the spread of conflict across borders. Little is known, however, about the spatial diffusion of conflict within a state’s borders and what role internal displacement plays in such a dynamic. This question is of relevance because of the particular marginalization of internally displaced persons, which make them at risk of predation and militarization by armed groups. Drawing on a novel global data set on internal displacement, we evaluate this question and find evidence for a similar mechanism leading to conflict spread operating at the domestic level.

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.

scholarly journals The Experience of Internally Displaced Women in Urban Areas of Western Turkey

1970 ◽  
pp. 59-66
Author(s):  
Cariona Vine ◽  
Serpil Taskan ◽  
Amy Pepper
Keyword(s):  
Urban Areas ◽  
Armed Conflict ◽  
Armed Forces ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Western Turkey ◽  
Armed Struggle ◽  
Internally Displaced ◽  
Guiding Principles ◽  
Kurdistan Workers Party

According to the United Nations Guiding Principles on Internal Displacement (Guiding Principles), internally displaced persons (IDPs) refers to any person or group of persons who involuntarily had to leave their home or habitual settlements, without crossing an internationally recognized state border, especially in order to protect themselves from the consequences of armed conflict (UN Commission on Human Rights, 1998). There are an estimated 25 million IDPs worldwide and approximately 1 million in Turkey alone (Deng, 2003). In the 1980s and 1990s, an armed struggle between the Kurdistan Workers’ Party (PKK) and the Turkish Armed Forces resulted in significant levels of internal displacement in Turkey.

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.

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.

scholarly journals Mental health and quality of life assessment among adult internally displaced persons, Tripoli Libya

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Sryh ◽  
H Ozcebe
Keyword(s):  
Quality Of Life ◽  
Chronic Disease ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Internally Displaced ◽  
Sf 36 ◽  
The Mean

Abstract Background Internal displacement in Libya is one of the main results of armed conflicts since 2011. Displacement adversely affects the quality of life. Our descriptive study aims to assess the percentage of mental disorders, the level of the quality of life among internally displaced persons (IDPs) in private residents and camps in Tripoli city Libya. Methods In this study, 469 IDPs were reached in Tripoli city, Libya (227 IDPs in private residency and 242 IDPs in camp residency). The questionnaires including socio-economic characteristics, health status, Depression Anxiety Stress Scale (DASS 42) and Quality of Life Scale (SF-36) were filled by IDPs under observation. Results Among private residents 51.8% were males, 41.0% of them aged 25-34, the mean score for SF 36 Physical Sub dimension (PQOL) and Sd was 69.72±20.85 (p < 0.001) and the mean score for SF 36 Mental Sub dimension (MQOL) was 62.28±17.87 (p < 0.001), where 24.2% of them had chronic disease and 45.5% of them had a degree of mental disorder. Among camp residents 33.2% were males, 32.6% of them aged 18-24, they had mean score and Sd 59.43±17.86 for PQOL (p < 0.001) and mean score 55.56±17.20 for MQOL (p < 0.001), where 16.5% of them had chronic disease and 72.6% of them had a degree of mental disorder. Conclusions Camp resident IDPs had higher mental disorders and lower score of quality of life domains than private resident IDPs. Among IDPs; statistically significant association was found between low level of quality of life and camp residency, the presence of chronic disease and mental disorders. Thus efforts target the improvement of socio-economic status and mental healthcare service among camp resident IDPs are highly recommended, with special attention to people with chronic diseases. Key messages Internal displacement, camp residency, the presence of chronic disease and mental disorders have a deep negative impact on quality of life. IDPs living in camp residency need additional interventions to improve the quality of life.

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.

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