scholarly journals Justice and Internal Displacement

2021 ◽  
pp. 003232172110076
Author(s):  
Jamie Draper

This article develops a normative theory of the status of ‘internally displaced persons’. Political theorists working on forced migration have paid little attention to internally displaced persons, but internally displaced persons bear a distinctive normative status that implies a set of rights that its bearer can claim and correlate duties that others owe. This article develops a practice-based account of justice in internal displacement, which aims to answer the questions of who counts as an internally displaced person and what is owed to internally displaced persons (and by whom). The first section addresses the question of who counts as an internally displaced person by offering an interpretation of the conditions of non-alienage and involuntariness. The second section articulates an account of what is owed to internally displaced persons that draws on and refines the idea of ‘occupancy rights’. The third section sets out an account of the role of the international community in supplementing the protection of internally displaced persons by their own states.

KPGT_dlutz_1 ◽  
2019 ◽  
Vol 33 (3) ◽  
pp. 245-274
Author(s):  
Eveline Vieira Brigido ◽  
Fabiola Wust Zibetti ◽  
Liton Lanes Pilau Sobrinho

This article aims to analyze the potential impact of forced internal displacement on international refugee migration, considering the relation between internal and international migration: Are today’s IDPs tomorrow’s refugees? It is likely that many refugees were forcibly displaced in their own countries before applying for asylum. Therefore, to develop this investigation, this article is divided into three sections. In the first section, it presents a general approach about internally displaced persons (IDPs) and refugees, including definitions and the bases of its protection under international law. Afterwards, it analyzes data on international migration and on internal displacement. At the end, these data are compared and possible link between internal and international forced migration is analyzed.


Author(s):  
Leila Bijos

The aim of this research is to analyze immigration and internal displacement focusing on human rights. The analysis will concentrate on conflict induced internal displacement, causes of internal displacement due to environment change, natural disasters, which are in mostof the cases interlinked with political conflicts, causing the forced movement of families .This is an empirical research which critically will examine the changing dynamics of forced displacement and the challenges faced by affected states and the international community.More specifically, it analyzes key developments in immigration policy and practice; it re-examines the contemporary scenario around durable solutions in a context of policy issues related to internally displaced persons and stateless population.


2020 ◽  
Vol 23 (3) ◽  
pp. 233-250 ◽  
Author(s):  
Diego Esparza ◽  
Jessica Lucas ◽  
Enrique Martinez ◽  
James Meernik ◽  
Ignacio Molinero ◽  
...  

Individuals internally displaced by conflict are a prominent feature of wars, political violence and other forms of repression. We suggest that a subnational analysis of internally displaced person (IDP) generation can help us determine the extent to which more specific flight-precipitating factors can account for individuals’ behaviors. In particular, we are interested in how different conflict actors and the interactions of these actors affect the production of internally displaced persons. We suggest that some types of conflict actors are more likely to be responsible for greater numbers of internally displaced persons because of their political strategies. We focus on one of the most complex and yet data-rich environments in which the problem of internal displacement has been profound—Colombia. Using extensive data on internally displaced persons in Colombia among its over 1100 municipalities, we examine our expectations using negative binomial analyses to better understand the dynamics of conflict actors, the violence they perpetrate and internal displacement. We find that the identity of the conflict actor does make a difference in producing more internally displaced persons and that conflict between certain conflict actors is especially likely to produce more displaced persons.


2021 ◽  
pp. 1-14
Author(s):  
Francis M Deng ◽  
Romola Adeola

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.


Author(s):  
Romola Adeola

Abstract Contemporary forms of internal displacement in Africa significantly reflect the emerging footprints of non-state actors on the regional landscape of internal displacement. In recognition of the impact of these actors in the internal displacement context, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) specifically obligate states to regulate them in the prevention of arbitrary displacement. This is the central thrust of this article. This article examines the Kampala Convention from the perspective of non-state actors, considering the obligation of the state and the extent to which these actors may be held accountable, in the furtherance of protection and assistance of internally displaced persons (IDP s).


2020 ◽  
pp. 002200272095847
Author(s):  
Jon Echevarria-Coco ◽  
Javier Gardeazabal

This article develops a spatial model of internal and external forced migration. We propose a model reminiscent of Hotelling’s spatial model in economics and Schelling’s model of segregation. Conflict is modeled as a shock that hits a country at certain location and generates displacement of people located near the shock’s location. Some displaced people cross a border, thus becoming refugees, while others remain as Internally Displaced Persons (IDPs). The model delivers predictions about how the fractions of a country’s population that become refugees and IDPs ought to be related with the intensity of the shock, country size, terrain ruggedness and the degree of geographical proximity of the country with respect to the rest of the world. The predictions of the model are then tested against real data using a panel of 161 countries covering the period 1995-2016. The empirical evidence is mostly in line with the predictions of the model.


2021 ◽  
Vol 1 (1) ◽  
pp. 17-36
Author(s):  
Agbo Friday Ojonugwa

Internally displaced persons (IDPs) are usually forced to flee or leave their homes, particularly in situations of armed conflict. They are displaced within their national territories and are generally subject to heightened suffering and vulnerability in many cases. It is also essential to state that the issue of internal displacement has become prominent because of the realisation that peace and reconstruction in conflict-ridden societies depend on the effective settlement and reintegration of displaced persons. Nigeria is a country that has a history of conflicts and displaced people. There has been a challenge in finding lasting peace through the employment of conflict resolution techniques and also the challenge of catering for the welfare of internally displaced persons in the country. However, peace and development without taking into account the settlement, return, and reintegration of IDPs. These desirous objectives are proving quite difficult in Nigeria as many challenges confront the government, policymakers, and humanitarian NGOs in providing the IDPs with their rights and needs. Some of the challenges can easily be overcome while some are more tasking requiring concerted efforts and massive resources to overcome. The aim of this article is to highlights the significant challenges confronting IDPs and provides some solutions to these challenges. In adopting the doctrinal method in discussions, the article finds that enormous challenges abound that confront IDPs in Nigeria, and it finds that there is the need for the government to find urgent solutions to the challenges of IDPs for the wellbeing of IDPs  


2018 ◽  
Vol 62 (3) ◽  
pp. 335-350
Author(s):  
Romola Adeola ◽  
Frans Viljoen

AbstractGiven the need for legislation to protect internally displaced persons, African Heads of State and Government adopted the Convention on the Protection and Assistance of Internally Displaced Persons in Africa in Kampala in October 2009. The convention, which entered into force on 6 December 2012, is an important binding instrument on internal displacement. Article 10 of the convention requires states to prevent displacement caused by development projects, including climate-based development projects. This article examines the content of this obligation within the context of climate-based development projects.


2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Leah Ndimurwimo ◽  
Leonard Opara

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.


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