scholarly journals Regulatory guarantees of the internally displaced person’s rights and freedom

2020 ◽  
Vol 2 (2) ◽  
pp. 71-76
Author(s):  
Alina Orieshkova
Keyword(s):  
International Law ◽  
Forced Migration ◽  
Legal Regulation ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Public Authorities ◽  
Internally Displaced ◽  
Basic Law

The state cannot be considered democratic, social and legal in the absence of normative legal guarantees that ensure the unimpeded realization of the rights, freedoms and interests of a person and a citizen, including internally displaced persons, and in case of their violation, protection and restoration. Encountered in 2014 with military aggression, the occupation of part of Ukraine, the authorities faced not only the problem of internal forced migration, but also the need to create effective safeguards for the rights and freedoms of internally displaced persons, in particular, regulatory and legal ones. It is highlighted that in the context of ensuring the rights and freedoms of internally displaced persons, one of the issues of discussion is the correlation of international and national law, which requires doctrinal study. After analyzing the correlation between international and national law, it is noted that in Ukraine superiority is given to the monistic theory, which is characterized by preservation of the supremacy of the basic law of the state, with the recognition of the priority of international law over the national one. It is stressed that the norms of international and national legal acts on protection and assistance to internally displaced persons provide an opportunity to ensure the effective functioning of public authorities and local self-government bodies for the protection and support of such a category of persons as IDP. It is noted that normative-legal regulation in the field of protection of rights and freedoms of internally displaced persons is characterized by imperfection and imbalance in various aspects of public life. On the basis of a comprehensive analysis of international and national normative legal acts in the field of ensuring the rights and freedoms of internally displaced persons, author’s classification is given. The advantages of classification of normative legal acts in the context of ensuring the rights and freedoms of internally displaced persons are noted.

scholarly journals INFLUENCE OF FORCED MIGRATION ON THE ECONOMY OF UKRAINE

Management ◽  
2019 ◽  
Vol 28 (2) ◽  
pp. 33-45
Author(s):  
Valeriia G. Shcherbak
Keyword(s):  
Internal Migration ◽  
Local Population ◽  
Social Activity ◽  
Forced Migration ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
The Asymmetry ◽  
The Impact

Introduction. Significant geopolitical transformations, the annexation of the Crimea, and the conflict in the Donbass affect the functioning of the Ukrainian economy. These processes provoked a profound and only political but also socio-economic crisis, intensification of labor migration, massive forced displacement of the population: the emergence of the category of forced migrants – internally displaced persons (IDP). IDPs are citizens of a country that does not cross borders and migrate within their own country for compelled reasons (similar to the case with refugees). In Ukraine, they are called forced migrants.The hypothesis of scientific research is to find out how the emergence of regional migration asymmetry, in particular the emergence of a significant number of IDP, affects the asymmetry of migration processes in Ukraine, the economy and welfare of the population, and the level of socio-economic development of the country.The aim is to diagnose the existing processes of domestic forced migration processes in Ukraine, including the asymmetry of migratory flows, the impact of the movement of internally displaced persons on the level of development of regional economies.The research methodology is fundamental and applied research in the field of forced internal migration, the demographic situation and the state of the labor market, UN materials, the ILO, UNESCO, the bodies of the state statistics service, materials from other official sources and Internet resources. During the study, methods of systematization, theoretical generalization, scientific classification, comparative analysis, statistical methods were used.Results: the main factors determining the conditions and nature of forced internal migration in Ukraine in 2014–2017 were determined. The main directions of forced internal migration since the beginning of hostilities in the Donbass were determined. The emergence of regional asymmetry of migration processes at the level of aggregate migratory flows is investigated.Conclusions: it is proved that all regions of Ukraine have a significant right-side asymmetry of balance in the direction of arrivals in the region, which manifests itself in the concentration of refugees in the presence of a relatively small number of most mass flows. HPE is perceived in their places of residence as an additional resource for the development of a regional economy: the emergence of new opportunities for increasing social activity by refugees; the opening of new businesses; a strong motivation to succeed; intensification of production and provision of services; filling jobs that were not in demand by the local population.

scholarly journals The impact of internal displacement on the refugee migration crisis

KPGT_dlutz_1 ◽  
2019 ◽  
Vol 33 (3) ◽  
pp. 245-274
Author(s):  
Eveline Vieira Brigido ◽  
Fabiola Wust Zibetti ◽  
Liton Lanes Pilau Sobrinho
Keyword(s):  
International Law ◽  
International Migration ◽  
Forced Migration ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Potential Impact ◽  
Migration Crisis ◽  
The Impact

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.

scholarly journals PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS IN THE CONDITIONS OF THE CONFLICT IN DONBASS

2019 ◽  
Author(s):  
Andrii BUTYRSKYI Butyrskyi
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Norms ◽  
Point Of View ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
The Status ◽  
The Right ◽  
Different Levels

The conflict in Donbass is the greatest problem of Ukraine. As a result of this conflict, Ukraine has lost a part of its territory, a lot of money etc. But it is only a part of the problem. Some problems are invisible and arise only after a certain period of time. One of these problems is internally displaced persons. The article examines the problems that arise in the practice of realization of the rights of internally displaced persons in Ukraine and outlines possible ways of further work of state authorities of Ukraine in this area. The problem of internally displaced persons is nationwide since it concerns a very large number of people and is extremely important from a political point of view. It should be noted that the state is trying to resolve this problem in every possible way, but many issues remain unsolved regarding internally displaced persons, which led to the choice of the topic of our research. Speaking about the state's efforts to resolve the problems associated with the internally displaced persons, above all, implies attempts to regulate new relations for our country at the legislative level. At the same time, the legislation of Ukraine should be harmonized with generally accepted international norms, which should include the 1951 Convention Relating to the Status of Refugees and the 1954 Convention relating to the Status of Stateless Persons. Regarding the Ukrainian legislation on the internally displaced persons, at the legal level, these relations are regulated by the Law of Ukraine “On Providing Rights and Freedoms of Internally Displaced Persons” and many other by-laws. If the legal regulation of the problems of internally displaced persons is generally at an appropriate level, then in practice there are a lot of problems that range from small households to the most important ones, such as the right to vote in elections at different levels.

scholarly journals The State of Forced Migration and the Main Problems of Internally Displaced Persons in Ukraine

2020 ◽  
pp. 161-167
Author(s):  
I. Smyrnova ◽  
◽  
V. Chebotarova ◽  
Yu. Kotelevets ◽  
D. Kurbatska ◽  
...  
Keyword(s):  
Social Development ◽  
Social Assistance ◽  
Forced Migration ◽  
The State ◽  
Comprehensive System ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Housing Problem ◽  
Legal Mechanism

The article considers topical issues of providing social assistance to internally displaced persons. The main problems of internally displaced persons have been identified. It is noted that evaluation, collection of information and its analysis, a comprehensive system of observations identify the state of IDPs, which allows to identify the essence of proper, effective, equitable social development. The state of the normative-legal mechanism of solving the housing problem for IDPs at the national and regional levels is analyzed. Measures to improve the regulatory and legal mechanism for solving the housing problem of internally displaced persons are proposed.

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 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.

scholarly journals Forced Displacement and Refugees

2016 ◽  
Vol 48 (2) ◽  
pp. 439-440
Keyword(s):  
Middle East ◽  
Forced Migration ◽  
Fourth Generation ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Palestinian Refugees ◽  
Displaced Populations ◽  
Syrian Civil War ◽  
The World

Forced migration has come to be the defining feature of the contemporary Middle East, a region that is both the source of and host to some of the largest forcibly displaced populations in the world. In 2015, 65 percent of the world's 19.4 million refugees—including the 5.5 million Palestinian refugees—as well as 30 percent of the world's thirty-eight million internally displaced persons were in the Middle East, while one out of every four refugees worldwide was from Syria. Seeking security and stability, millions of people from the region are on the move within and across social spaces that are at once strange and familiar, and in which they themselves are familiar and strange to others. In 2015, Turkey became host to the world's largest refugee population of over two million, while Zaʿatari camp in Jordan has grown rapidly to become one of the world's largest camps since the Syrian civil war began. With 7.6 million people—or 35 percent of the population—internally displaced, Syria now has the highest number of internally displaced persons in the world. Iraq has produced multiple overlapping displacements, resulting in one of the largest refugee resettlement programs of the past decade. Thousands of Syrians, Libyans, and Iraqis have undertaken perilous journeys across the Mediterranean Sea to seek asylum in Europe and elsewhere. Palestinian refugees are now in a fourth generation of exile, making their plight the longest running unresolved refugee situation in the world.

Refugees and internally displaced persons — International humanitarian law and the role of the ICRC

1995 ◽  
Vol 35 (305) ◽  
pp. 162-180 ◽  
Author(s):  
Jean-Philippe Lavoyer
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Internally Displaced Persons ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Geneva Conventions

The main purpose of this brief study is to show the importance of international humanitarian law, in particular the Geneva Conventions of 1949 and their Additional Protocols of 1977, for internally displaced persons, i.e. persons displaced within their own country, and to refugees, i.e. persons who have fled their country. Not only does this body of international law protect them when they are victims of armed conflict, but its rules — if scrupulously applied — would make it possible to avoid the majority of displacements.

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