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While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons.
Internal displacement is one of the tragic challenges the international community has encountered since the early 1980s. Every day 10,000 persons are forced to flee their homes primarily because of internal armed conflicts. It is believed that one in every 130 persons in the world is forced into flight resulting both in internal and external displacement. They indeed suffer massive human rights violations and persecutions. Regrettably, the international community has not yet developed an adequate international legal framework to address this gut-wrenching phenomenon. This book comprehensively articulates the law applicable to the problem of internal displacement and provides a thorough analysis of the legal norms applicable to this problem. Examination of the law, policy and jurisprudence applicable to this problem is the focal point of this book. The book basically integrates the human rights law as applied to internally displaced persons with humanitarian law and the international system of protection norms from other areas of international law. The development of this law nationally is also discussed in this book; model of laws that have been enacted to deal with this problem are included, as well as stimulating intellectual discussion about jurisprudential issues relating to this law. The book also addresses ways to proceed forward with the law of internal displacement. About the author: Gouda Bushra Ali Gouda is a Doctor of International Legal Studies with special emphasis on Public International Law, Human Rights law, Intellectual Property and International politics. He obtained his first law degree from Khartoum University, Sudan, and then obtained a LL.M degree from Indiana University, Indianapolis, and SJD in International Legal Studies from Golden Gate University, San Francisco, California with distinction for his research in the subject of Internal Displacement. He currently works on various research projects including other areas of International Law; namely International Intellectual Property and Law and Democracy in Africa.
The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action. The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions. In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.
Today, there are over 40 million conflict-induced internally displaced persons (IDPs) globally, almost double the number of refugees. Yet, IDPs are protected only by the soft-law Guiding Principles on Internal Displacement at the global level. Instead of a dedicated international organization, IDPs receive protection and assistance only through the UN’s cluster approach. Orchard argues that while an international IDP protection regime exists, many aspects of it are informal, with IDP issues bound up in a humanitarian regime complex that divides the mandates of key organizations and even the question of IDP status itself. While the Guiding Principles mark an important step forward, implementation of laws and policies based on them at the domestic level remains haphazard. Action at the international level similarly reflects an all-too-often ad hoc approach to IDP issues. Through an in-depth examination of IDP efforts at the international level and across the forty states which have adopted IDP laws and policies, Orchard argues that while progress has been made, new and greater monitoring and accountability mechanisms at both the domestic and international levels are critical. This work will be valuable to scholars, students, and practitioners of forced migration, international relations theory, and the Responsibility to Protect doctrine.
Veronica Fynn's "Legal Discrepancies: Internal Displacement of Women and Children in Africa" is not only timely (produced soon after Africa adopts its historical Convention on the Protection and Assistance of Internally Displaced People in Africa, 2009). "Legal Discrepancies: Legal Discrepancies: Internal Displacement of Women and Children in Africa" offers the first comprehensive, holistic, and multi-disciplinary examination on the efficacy of international, regional and national laws and policies in protecting and assisting IDPs. Fynn's research provides a thought provoking framework for academics, lawyers, public health practitioners, aid workers, national governments, regional institutions and international organizations to rethink the legal space within which internally displaced peoples lingers.
By 2017, it was estimated that over 40 million people were displaced within their own countries by conflict and violence across at least 56 countries worldwide. Solutions to the epidemic of forced internal displacement are frequently premised on the return of internally displaced persons (IDPs). Indeed, as a characteristic need of IDPs, such returns benefit from a special protection framework developed by IDP protection instruments such as the Guiding Principles. However, the legal status of those instruments remains ambiguous, generating attendant questions about the congruity of the IDP return framework with existing international law. Moreover, limited knowledge exists on its practical implementation. As a result, both inter-national agencies and individual scholars have repeatedly issued urgent calls for comprehensive and grounded theoretical investigation into this topic. This book answers those long-standing calls for research by presenting a detailed study of the return of conflict-afffected IDPs under international law.
This volume examines the protection of internally displaced persons (IDPs) through an interdisciplinary lens, with a focus on IDPs in Africa. The novelty of this book resonates from the fact that it explores national perspectives on internal displacement, with the aim of providing a well-grounded engagement on the subject of internal displacement, for which very little exists. The chapter authors are drawn from various disciplines and institutional backgrounds, and provide context-based analysis and examine the situation in countries with significant population displacement. The work is a timely engagement, as the issue of internal displacement has emerged as a pertinent concern in Africa. Each of the chapters in this book draw on significant context-based knowledge and on issues for which there is a need for pertinent attention across the African countries. This book will be a significant reference point for researchers, professors, practitioners, judges, policy makers, international organizations, regional bodies, lawyers and scholars in the field of migration, forced migration, and regional institutions.
This new volume traces the normative, legal, institutional, and political responses to the challenges of assisting and protecting internally displaced persons (IDPs). The crisis of IDPs was first confronted in the 1980s, and the problems of those suffering from this type of forced migration has grown continually since then. Drawing on official and confidential documents as well as interviews with leading personalities, Internal Displacement provides an unparalleled analysis of this important issue and includes: an exploration of the phenomenon of internal displacement and of policy research about it a review of efforts to increase awareness about the plight of IDPs and the development of a legal framework to protect them a 'behind-the-scenes' look at the creation and evolution of the mandate of the Representative of the Secretary-General on IDPs a variety of case studies illustrating the difficulties in overcoming the operational shortcomings within the UN system a foreword by former UN high commissioner for refugees, Sadako Ogata. Internal Displacement will appeal to students and scholars with interests in war and peace, forced migration, human rights and global governance.
This book examines the national legal frameworks in place for internally displaced people in Nigeria and considers how they can be extended to provide further legal protection. Despite a growing global awareness of the importance of developing solutions to the problem of internal displacement, how that translates to national level response is often under-researched. This book focuses on Nigeria, where conflict and violence continue to drive high levels of displacement. The book begins by examining the definitions and causes of internal displacement in the national context, before considering the state of national law, and the applicability of the Kampala Convention for furthering protection and assistance for internally displaced persons. This book will be of interest to researchers of African studies and internal displacement, as well as to policy makers, civil society organizations, humanitarian actors and other regional and international stakeholders.