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 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 The challenges of internally displaced persons and the way forward: the Nigerian experience

2021 ◽  
Vol 1 (1) ◽  
pp. 17-36
Author(s):  
Agbo Friday Ojonugwa
Keyword(s):  
Armed Conflict ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Lasting Peace ◽  
History Of ◽  
Displaced People ◽  
The Government ◽  
Peace And Development

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  

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.

In Lieu of a Travaux Préparatoires: A Commentary on the Kampala Convention for IDPs

2019 ◽  
Vol 31 (2-3) ◽  
pp. 349-378
Author(s):  
J O Moses Okello
Keyword(s):  
Human Rights ◽  
Public Domain ◽  
The Body ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Human Rights Law ◽  
Internally Displaced ◽  
The Public ◽  
Personal Involvement

Abstract The Kampala Convention was adopted on 23 October 2009 and came into force on 4 January 2013. The first binding international instrument for the protection and assistance of internally displaced persons, it occupies an important space among the body of African regional humanitarian and human rights law. The Convention addresses all stages of internal displacement and provides a framework for coordinating activities by governments and humanitarian actors aimed at preventing and addressing internal displacement. The Kampala Convention is the result of many years of work, although no formal records of its drafting and negotiation were kept. This article contributes towards addressing this gap. Based on the author’s personal involvement in the Convention’s drafting, and supplementing earlier research, this article shares information previously unavailable in the public domain and provides a commentary on some of the Convention’s provisions.

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.

22. Rights for specific vulnerable persons

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Group Rights ◽  
Internally Displaced ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Vulnerable Persons

This chapter examines human rights protection for four specific groups: women, children, internally displaced persons, and refugees. It first explains why group rights evolved in a system of human rights that, from the outset, was supposed to be universal and then discusses: the particular needs of these groups; the evolving international and regional human rights framework; and the extent to which the legal framework addresses the needs of the group in question.

The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)

2013 ◽  
Vol 52 (1) ◽  
pp. 397-410 ◽  
Author(s):  
Mike Asplet ◽  
Megan Bradley
Keyword(s):  
Human Rights ◽  
Best Practice ◽  
Sub Saharan Africa ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Sub Saharan

Known as the Kampala Convention, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa is the first regional treaty to comprehensively address the issue of internal displacement. Having entered into force with its fifteenth ratification on December 6, 2012, the Convention tackles a major humanitarian, human rights, and development issue for the African continent, as there are more than 9.7 million internally displaced persons (IDPs) in sub-Saharan Africa alone. The treaty builds on the 1998 Guiding Principles on Internal Displacement, integrating international human rights and humanitarian law norms as they relate to internal displacement, and incorporating principles from African regional standards such as the African Charter on Human and Peoples’ Rights, and the Great Lakes Protocol. While rooted in these standards, the Convention also reflects recent developments and the evolution of best practice regarding IDP protection. In so doing, the Convention advances the normative standard on internal displacement in a number of important areas, including in terms of the prohibition on arbitrary displacement; the responsibilities of international and regional organizations; internal displacement linked to the effects of climate change; and remedies for those affected by displacement.

scholarly journals DETERMINATION OF STRUCTURAL ELEMENTS OF THE LEGAL STATUS OF INTERNALLY DISPLACED PERSONS IN UKRAINE: QUESTIONS OF THEORY

2020 ◽  
pp. 96-102
Author(s):  
С. В. Мандзій
Keyword(s):  
Legal Status ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Structural Elements ◽  
Displaced Persons ◽  
International Treaties ◽  
Structural Element ◽  
Legal Form ◽  
Difficult Situation ◽  
Internally Displaced

The relevance of the article is that the difficult situation in the eastern regions of our country, the occupation of the Autonomous Republic of Crimea, led to forced internal displacement of persons in Ukraine, and thus the emergence of a new entity that needs rights and freedoms. The legal form of state fixation of relations that arise in the system of its relations with a person, as well as the relations of persons with each other, is carried out precisely by normative consolidation of a set of rights and obligations that form the legal status of the subject. In this context, the category of the structure of this legal phenomenon, and hence the elements that are part of its content, becomes important. The purpose of this article is to study the structural elements that are part of the legal status of internally displaced persons in Ukraine, the analysis of the interaction of such elements of the structure with each other and with other legal phenomena. The article is devoted to research of problematic issues of determining the structural elements of the legal status of internally displaced persons in Ukraine, analysis of relationships between them, as well as other legal phenomena that affect the rights, freedoms and responsibilities of this entity. Author analyzes various doctrinal approaches to the issue of filling the internal structure of the legal status and on this basis proposes those elements that are part of the structure of this legal category. In particular, it is proved that the position of scholars regarding the allocation of a narrow and broad approach to determining the structural elements of the legal status is quite artificial. It is emphasized that freedoms should also be considered as a structural element of a person's legal status, as they are formally defined in regulations. This is confirmed by the very title of the second section of the Basic Law of Ukraine: "Rights, freedoms and responsibilities of man and citizen." Moreover, the second article of the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons” stipulates that Ukraine shall take all possible measures provided by the Constitution and laws of Ukraine, international treaties, which have been approved by the Verkhovna Rada of Ukraine. observance of the rights and freedoms of internally displaced persons.

12. Rights for specific vulnerable persons

2019 ◽  
pp. 210-237
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Group Rights ◽  
Internally Displaced ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Vulnerable Persons

This chapter examines human rights protection for six specific groups: women, children, elderly, internally displaced persons, stateless persons, and refugees. It first explains why group rights evolved in a system of human rights that, from the outset, was supposed to be universal and then discusses the particular needs of these groups, the evolving international and regional human rights framework, and the extent to which the legal framework addresses the needs of the group in question.

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