The Protection of Internally Displaced Persons (IDPs) Under International Law: A Myth or Reality?

2014 ◽  
Author(s):  
E. Ajayi
1995 ◽  
Vol 35 (305) ◽  
pp. 162-180 ◽  
Author(s):  
Jean-Philippe Lavoyer

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.


Subject Protection for Internally Displaced Persons (IDPs) in Africa Significance Internal displacement is a growing problem -- both for the international community generally and in Africa specifically -- acting as a source of misery for millions of people, a barrier to sustained development and a driver of food insecurity. By the end of 2016, Africa was home to 12.2 million internally displaced persons (IDPs), 2.4 million of whom were newly displaced by conflict and violence and 1.1 million by disasters. IDPs have long been overlooked under international law, owing largely to sovereignty concerns. However, in recent years, African states have developed regional and domestic protections for IDPs that are looked upon as global exemplars. Impacts The dissemination of the Guiding Principles on Internal Displacement could empower vulnerable African communities. Corporate and non-state bodies will increasingly embed IDP protection into their African operations. Despite better legislation, many states, who will largely depend on Western partners and international aid organisations, will neglect IDPs.


KPGT_dlutz_1 ◽  
2019 ◽  
Vol 33 (3) ◽  
pp. 245-274
Author(s):  
Eveline Vieira Brigido ◽  
Fabiola Wust Zibetti ◽  
Liton Lanes Pilau Sobrinho

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.


Author(s):  
Alina Orieshkova

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.


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