scholarly journals Internally displaced persons in the context of current migration processes in Ukraine

2019 ◽  
Vol 22 (11) ◽  
pp. 56-68
Author(s):  
С. М. Бубняк
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Basic Research ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Association Agreement ◽  
Internally Displaced ◽  
Permanent Residence ◽  
Or Groups

The introduction highlights the relevance of the study of migration processes in Ukraine and outlines the problematic circle regarding its regulation. The concept of «migration» in the sciences of the humanitarian block is considered. It is revealed that the number of internally displaced persons has increased since the signing of the Association Agreement and the visa-free regime between Ukraine and the EU. Therefore, statistics on the register at the legislative level of IDPs are provided. Basic research and scholars dealing with this social topic are reviewed. Therefore, the purpose of the article was to outline the purpose of the article, namely to clarify a terminological problem between the concepts of refugees, displaced persons or IDPs.The main part states that the annexation of the Autonomous Republic of Crimea by the Russian Federation and the conflict in the Donbass have caused the mass relocation of people for the second time in Ukraine. For the first time, the state encountered this phenomenon during the Chernobyl disaster. A methodological toolkit for regulating the legal status of IDPs is considered. The differences between the concepts of refugees, displaced persons, IDPs are outlined.As a result, a “refugee” is a person who is not a citizen of Ukraine and, because of a well-founded fear of becoming a victim of persecution on grounds of race, religion, nationality, citizenship (nationality), independence of a particular social group or political beliefs outside the country of his / her nationality and may not enjoy the protection of this country, or does not wish to enjoy this protection because of such fears, or without citizenship (nationality) and being outside the country of his former permanent residence, may or may not return to her because of these concerns. «Internally displaced persons» are people or groups of people who have been forced to flee their homes to escape armed conflict, violence or mass human rights abuses. IDPs are persons or groups of persons within the country who have been forced to flee, or who have left their place of permanent residence as a result of or to avoid the effects of military conflict, mass violence, human rights violations, natural or man-made disasters, and who have not crossed the internationally recognized borders of the state.

scholarly journals International legal framework for the protection of internally displaced persons

2019 ◽  
Vol 31 (1) ◽  
pp. 203-208
Author(s):  
A. Sheludchenkova ◽  
O. Spector ◽  
A. Derkach
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Internally Displaced People ◽  
Or Groups ◽  
Displaced People

The author defines the notion of the internally displaced people, analyses the reasons of their appearance and compares the internally displaced people and refugees’ legal status. Internally Displaced Persons were defined in 1992 by the Commission on Human rights as “Persons or groups who have been forced to flee their homes suddenly or unexpectedly in large numbers, as a result of armed conflict, internal strife, systematic violations of human rights or natural or man-made disaster, and who are within the territory of their own country”. There is no universal legally binding instrument for protecting and assisting internally displaced persons. The Guiding Principles on Internal Displacement were recognized by the UN General Assembly are not of a binding character.

scholarly journals RECENT DEVELOPMENTS. THE ELABORATION OF A LEGAL FRAMEWORK FOR THE PROTECTION OF INTERNALLY DISPLACED PERSONS IN AFRICA

2006 ◽  
Vol 50 (2) ◽  
pp. 187-197 ◽  
Author(s):  
CHALOKA BEYANI
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Framework ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Habitual Residence ◽  
Internally Displaced ◽  
Conflict Situations ◽  
Or Groups ◽  
Recent Developments

The aim of this article is to draw on contemporary developments relating to the elaboration of a binding legal framework for the treatment of internally displaced persons in Africa. By definition, internally displaced persons are “persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of, or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border”.

scholarly journals Implementing of the right to pension by internally displaced persons: discriminative sources

2020 ◽  
pp. 32-36
Author(s):  
Kateryna KOLOTUKHA
Keyword(s):  
Legal Status ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Place Of Residence ◽  
Internally Displaced ◽  
Administrative Services ◽  
The Status ◽  
The Right ◽  
Pension Payments

Introduction. The paper establishes that in connection with the conduct of military operations by our state in the east of Ukraine over the past six years, the emergence of a new administrative and legal status of persons-internally displaced persons – is predetermined. It is determined that such persons need enhanced protection and ensuring the exercise of their rights and freedoms from the state, which in practice causes certain difficulties. The special value of social protection of citizens, including the implementation of pension payments to internally displaced persons, is justified. Purpose: substantiation of proposals to improve the conditions for the provision of administrative services for the renewal and continuation of the payment of IDP pensions and the procedure for making pension payments to IDPs. Results. The paper analyzes the specifics of providing administrative services to internally displaced persons in the field of pension provision. This publication examines and analyzes the legislation and practical experience of implementing the right to a pension by internally displaced persons, provides legal conclusions on the state of respect for the rights and freedoms of internally displaced persons when they receive administrative services in the field of pension provision. The problem of creating unequal conditions for persons with the status of Internally displaced persons and persons without such status in the exercise of the right to a pension is revealed, which causes discrimination against internally displaced persons, contradicts constitutional principles and international acts. The necessity of repealing a rules that contradicts the law and establishes discriminatory provisions against persons with the status of Internally displaced persons is justified. The proposals of amendments to the legislation regarding new conditions for providing public services related to the appointment/recalculation of pensions to internally displaced persons without reference to the place of residence of such persons and changes in the procedure for maintaining a unified information and analytical system for managing social support for the population of Ukraine. Conclusion. The results obtained will ensure that there is no need to control the implementation of payments at the place of residence of internally displaced persons, and in the existence of a separate procedure for paying pensions to internally displaced persons and, most importantly, it will stop discrimination against persons with the administrative and legal status of an internally displaced person in comparison with persons without such status.

Bridging the Accountability Gap in the Protection of Internally Displaced Persons: Non-State Actors Under the Kampala Convention

2021 ◽  
pp. 1-23
Author(s):  
Romola Adeola
Keyword(s):  
The State ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Regional Landscape ◽  
State Actors ◽  
Accountability Gap ◽  
The Impact

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).

scholarly journals Humanitarian logistics research for the care of refugees and internally displaced persons

2018 ◽  
Vol 8 (3) ◽  
pp. 282-294 ◽  
Author(s):  
Richard Oloruntoba ◽  
Ruth Banomyong
Keyword(s):  
Human Rights ◽  
Supply Chain ◽  
Supply Chain Management ◽  
Humanitarian Logistics ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Special Issue ◽  
Chain Management ◽  
Content Type ◽  
Internally Displaced

PurposeThis “thought paper” is written by the special issue editors as a part of the five papers accepted and published in response to the special issue call for papers on logistics and SCM in the context of relief for refugees and internally displaced persons (IDPs) in theJournal of Humanitarian Logistics and Supply Chain Management. The purpose of this paper is to introduce the special issue on “refugee logistics” and analyse the nature and challenges of displacement from a displaced person’s perspective. The paper also argues for a more critical appreciation of the role and value that research in logistics, operations and supply chain management (LOSCM) can play in the delivery of services and care for refugees and IDPs from the perspective of preparedness and logistics planning of humanitarian organisations. The paper further outlines basic challenges to undertaking innovative, boundary pushing valuable and impactful research on “refugee logistics” given the difficult ideological, political and policy context in which “refugee logistics research” will be undertaken. The paper also advocates for more critical research in humanitarian logistics (HL), that explicitly acknowledges its ontological, epistemological and methodological limitations even when ethically sound. The paper concludes by suggesting a future research agenda for this new sub-field of humanitarian logistics research.Design/methodology/approachConceptual paper utilising viewpoints, literature reviews as well as original ideas and thoughts of the authors.FindingsThe new field of “refugee logistics research” is important. It has been neglected in humanitarian logistics research for too long. Hence, there needs to be more research in this sub-field of humanitarian logistics.Research limitations/implicationsThis is a “thought paper”. It is the basic conceptual ideas of the authors. While it is not based on empirical work or data collection, it is based on a comprehensive literature research and analysis.Social implicationsThis paper advocates for the universal human rights of IDPs and refugees and their dignity, and how LOSCM can contribute to upholding such dignity.Originality/valueIt contributes indirectly to logistics policy and refugee policy as well as logistics service quality and advocacy for human rights and human dignity.

scholarly journals Refugees and human rights

1996 ◽  
Vol 68 (9) ◽  
pp. 185-190
Author(s):  
Dejan Ukropina
Keyword(s):  
Human Rights ◽  
Country Of Origin ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced

The major cause of migrations of refugees and internally displaced persons is violation of human rights in -their country of origin. Organized protection of refugees started in 1951. when the UNHCR was founded. Since then many international and regional legal instruments for their protection were established. The problem of refugees and internally displaced persons is global and multidimensional, and the solution have to be comprehensive and to adress all aspects of the issue. One of the best solutions is voluntary repatriation.

scholarly journals An Ethical investigation of State and the Management of Internally Displaced Persons: Nigeria as a case study

2017 ◽  
Vol 7 (2) ◽  
Author(s):  
Ifeanyichukwu M. Abada ◽  
Nneka Ifeoma Okafor ◽  
Nkemjika C. Duru
Keyword(s):  
Emergency Management ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Boko Haram ◽  
Population Displacement ◽  
Internally Displaced ◽  
North East ◽  
The North ◽  
Rising Incidence

The decision among human beings to change their places of residence has remained an age-long strategy of survival practiced for a very long time. However, the migratory activities associated with internal population displacement are often propelled by forced migration occasioned by natural or anthropogenic forces or a combination of both. The upsurge of internal population displacement in the Nigerian state is incontrovertible given the maniacal campaign of the Boko Haram insurgency in the North-east region. The dilemma of internally displaced persons and the imperative management have proven a formidable challenge to the Nigerian state. The aim of this paper therefore is to ethically investigate whether the ineffective control of the Boko Haram insurgency by the state is implicated in the rising incidence of internally displaced persons and evident vulnerabilities. The study adopted qualitative research which relied heavily on the documentary method of data collection and, guided by the ‘Marxist theory of the post-colonial state’ as a theoretical underpinning. The findings of this paper showed that the ineffective control of Boko Haram insurgency by the state was implicated in the rising incidence of internal population displacement in the North-east. The paper critically observed that the state and its agencies like the National Emergency Management Agency (NEMA), State Emergency Management Agencies (SEMAs), National Commission for Refugees, Migration and Internally Displaced Persons (NCFRMI), Presidential Initiative for the North East (PINE), Presidential Committee on the North-East Initiative (PCNI), among others have become the main instruments for the advancement of the interests of the dominant class. The study however recommends amongst other things that the state should ethically rethink its narrow strategy against Boko Haram insurgency through the adoption of a broader approach according to the dictates of Nigeria’s Countering Violent Extremism framework.

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

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 ◽  
Internally Displaced Persons ◽  
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.

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