Protect or Neglect: Towards a More Effective United Nations Approach to the Protection of Internally Displaced Persons. By Simon Bagshaw and Diane Paul. Washington DC and Geneva: The Brookings-SAIS Project on Internal Displacement and UN Office for the Co-ordination of Internal Affairs, Internal Displacement Division, 2004. http://www.brookings.edu/fp/projects/idp/protection_survey.pdf. x + 102pp

2006 ◽  
Vol 19 (1) ◽  
pp. 138-139
Author(s):  
Annabel Mwangi
Author(s):  
Shedrack Ekpa ◽  
Nuarrual Hilal Md Dahlan

The end of the cold war and the beginning of the new millennium brought with it a new phase in state relations in Africa as more persons became forcefully uprooted from their homes and their rights violated with impunity due to intractable internal conflicts amidst the Westphalian notion of sovereignty which frowns at interference in the internal affairs of any state which was the fulcrum upon which the United Nations (UN) and Organization of African Unity (OAU) was founded. This new awakening has increasingly made perception of sovereignty to be people oriented. In the case of the Africa which is the crux of this paper, the eventual change from OAU to AU was significant as the coming into force of African Union’s Constitutive Act and the Convention for the Protection and Assistance of Internally Displaced Persons climaxed major twist in the Africa’s perception of sovereignty and the right of intervention in relation to internally displaced persons (IDPs) within the continent. This article examines briefly the historical evolution of the concept of sovereignty and the right of intervention and their implications in the African context, and being conceptual and doctrinal in approach it analyses the context and legality of the African Union’s right of intervention arising from the regional treaties vis-à-vis the United Nations Charter with a view to vindicating the much celebrated ‘decisive break from the past’. It concludes that African Union’s current stance represents a bold and grandiose expression that is sincerely tailored towards ensuring effective human rights protection and humanitarian assistance for over 13 million internally displaced persons (IDPs) in Africa. Finally, the article contributes significantly to the scholarly debates surrounding right of intervention in relation to internal displacement as its resolution will in one or the other helps government and other stakeholders in their quest to curtail the scourge of intra and inter-state violence in Africa. Keywords: African Union, Sovereignty, Intervention, Internally Displaced Persons, State Responsibility


2021 ◽  
pp. 1-14
Author(s):  
Francis M Deng ◽  
Romola Adeola

Abstract Over the last several decades, states have demonstrated significant political commitment towards advancing protection and assistance for internally displaced persons. A notable form in which this commitment has been reflected is in the emergence of normative standards, with the UN Guiding Principles on Internal Displacement (UNGP) as the guiding text. The fact that the UNGP framework has found expression in the landscape on internal displacement is evidenced at various levels of governance. Within the African context, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) draws on pertinent normative frameworks, with the UNGP as the leading framework. While this point is often made in general terms, this article focuses on the extent to which the norm on internal displacement has diffused and expanded within the African context.


Author(s):  
Romola Adeola

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).


2021 ◽  
Vol 1 (1) ◽  
pp. 17-36
Author(s):  
Agbo Friday Ojonugwa

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  


2018 ◽  
Vol 62 (3) ◽  
pp. 335-350
Author(s):  
Romola Adeola ◽  
Frans Viljoen

AbstractGiven the need for legislation to protect internally displaced persons, African Heads of State and Government adopted the Convention on the Protection and Assistance of Internally Displaced Persons in Africa in Kampala in October 2009. The convention, which entered into force on 6 December 2012, is an important binding instrument on internal displacement. Article 10 of the convention requires states to prevent displacement caused by development projects, including climate-based development projects. This article examines the content of this obligation within the context of climate-based development projects.


2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Leah Ndimurwimo ◽  
Leonard Opara

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.


Author(s):  
Hisham Abusaada ◽  
Abeer Elshater

The livability standard still has not considered the chaos city that may stem from or lead to cities of hardship. This chapter rectifies this by making the phenomena of chaos and hardship the centerpiece of the analysis. It depends on the internally displaced persons (IDPs) to display the characteristics of liability and the hardship of living and be the indicators of chaos city. This chapter addresses the non-perceptible processes of the IDPs from outside and inside Cairo in Egypt. This internal displacement supposes the lead-in to chaotic changes in the lifestyles of the cities; it can even be said that they become cities of hardship. The theoretical reading depends on conventional and digital methods (content analysis and the internet of things) to follow these changes, which occur not only due to migrations but also due to ignoring decentralization. The outcomes provide an action plan to create cities free from hardship, displacement, and chaos.


2007 ◽  
Vol 4 (1) ◽  
pp. 3-4
Author(s):  
Frank G. Njenga

Nearly all low-income countries are either just themselves emerging from conflict or neighbour a country that has just emerged from one. According to the Office of the United Nations High Commissioner for Refugees (http://www.unhcr.org), of the 38 million uprooted people in 2003 worldwide, Africa played host to 13 million internally displaced persons and 3.5 million refugees.


Author(s):  
Roberta Cohen ◽  
Francis M. Deng

The concept of ‘sovereignty as responsibility’ is without question one of the foundations for the concept of the responsibility to protect (R2P). As United Nations Secretary-General Ban Ki-moon observed in 2008, R2P is built on the ‘positive and affirmative concept of sovereignty as responsibility—a concept developed by . . . Francis Deng, and his colleagues at the Brookings Institution more than a decade ago’. This chapter discusses how the concept of sovereignty as responsibility developed from discussions about governance in Africa and from the application of human rights standards to the protection of internally displaced persons. It also identifies the differences in emphasis, scope, and usage between the concept and R2P.


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