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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.
Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect the internally displaced. It will be of interest to all those involved with the internally displaced, as well as anyone seeking to gain an overall understanding of this complex issue.
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.
This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.
Since the end of the Cold War, increasing numbers of people have been forced to leave their homes as a result of armed conflict, internal strife, and systematic violations of human rights. Whereas refugees crossing national borders benefit from an established system of international protection and assistance, those who are displaced internally suffer from an absence of legal or institutional bases for their protection and assistance from the international community. This book analyzes the causes and consequences of displacement, including its devastating impact both within and beyond the borders of affected countries. It sets forth strategies for preventing displacement, a special legal framework tailored to the needs of the displaced, more effective institutional arrangements at the national, regional, and international levels, and increased capacities to address the protection, human rights, and reintegration and development needs of the displaced.
This publication consolidates the various provisions of international law relevant to internally displaced persons. It examines the guiding definitions & context of these laws & details the applicable sources of human rights. The publication also discusses the recognized situations in which displacement exists & the applicability of the various sources of law in the differing situations & legal aspects of providing assistance & protection to internally displaced persons by the international community.
The war in Syria, now in its eighth year, continues to take its toll on the Syrian people. More than half of the population of Syria remains displaced; 5.6 million persons are registered as refugees outside of the country and another 6.2 million are displaced within Syria's borders. The internally displaced persons include 2 million school-age children; of these, less than half attend school. Another 739,000 Syrian children are out of school in the five neighborhood countries that host Syria's refugees. The loss of human capital is staggering, and it will create permanent hardships for generations of Syrians going forward. Despite the tragic prospects for renewed fighting in certain parts of the country, an overall reduction in armed conflict is possible going forward. However, international experience shows that the absence of fighting is rarely a singular trigger for the return of displaced people. Numerous other factors—including improved security and socioeconomic conditions in origin states, access to property and assets, the availability of key services, and restitution in home areas—play important roles in shaping the scale and composition of the returns. Overall, refugees have their own calculus of return that considers all of these factors and assesses available options. The Mobility of Displaced Syrians: An Economic and Social Analysis sheds light on the 'mobility calculus' of Syrian refugees. While dismissing any policies that imply wrongful practices involving forced repatriation, the study analyzes factors that may be considered by refugees in their own decisions to relocate. It provides a conceptual framework, supported by data and analysis, to facilitate an impartial conversation about refugees and their mobility choices. It also explores the diversified policy toolkit that the international community has available—and the most effective ways in which the toolkit can be adapted—to maximize the well-being of refugees, host countries, and the people in Syria.
The Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution pursues a rigorous examination of the various ways in which the protection of housing and property rights can contribute to durable solutions to displacement.
This authoritative and comprehensive edited volume presents current research on how demography can contribute to generating scientific knowledge and evidence concerning refugees and forced migration, developing evidence based policy recommendations on protection for forced migrants and reception of refugees, and revealing the determinants and consequences of migration for origin and destination regions and communities. Refugee and other forced migrations have increased substantially in scale, complexity and diversity in recent decades. These changes challenge traditional approaches in response to refugee and other forced migration situations, and protection of refugees. Demography has an important contribution to make in this analytic space. While other disciplines (especially anthropology, law, geography, political science and international relations) have made major contributions to refugee and forced migration studies, demography has been less present with most research focusing on issues of refugee mortality and morbidity. This book specifies the range of topics for which a demographic approach is highly appropriate, and identifies findings of demographic research which can contribute to ever more effective policy making in this important arena of human welfare and international policy.
Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.