The London Declaration of International Law Principles on Internally Displaced Persons

2001 ◽  
Vol 95 (2) ◽  
pp. 454-458 ◽  
Author(s):  
Luke T. Lee

At its sixty-ninth conference, held in London from July 25 to 29, 2000, the International Law Association (ILA) approved by consensus the Declaration of International Law Principles on Internally Displaced Persons (the Declaration). This Declaration, prepared by the International Committee on Internally Displaced Persons, followed two earlier ILA proclamations relating to the forced movement of people: the Declaration of Principles of International Law on Mass Expulsion, adopted in Seoul in 1986; and the Declaration of Principles of International Law on Compensation to Refugees, adopted in Cairo in 1992. All three instruments address forced movement from the perspective of the responsibility of countries of origin, in contrast to the traditional focus on the care and maintenance of refugees as a responsibility of first-asylum, resettlement, and donor countries, as well as of the United Nations and other international organizations, both governmental and non-governmental. By dealing with the root causes of internally displaced persons (IDPs) and their status, the present Declaration broadens the concerns of international law to encompass all persons who have been forcibly uprooted from their homes, whether or not they have crossed their national borders.

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


Refuge ◽  
1997 ◽  
pp. 41-44
Author(s):  
Tim Wichert

This article argues that protecting refugees and internally displaced persons (IDPs) is an issue of universal human rights. It then suggests the urgent need for the UN Commission on Human Rights, working in collaboration with the United Nations High Commissioner for Refugees (UNHCR) and member states of the United Nations, to play more important roles in protecting and enhancing human rights. It also stresses the importance of appropriate follow-up to the calls for more commitment and better actions in this area.


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