Objective of the research is to assess the existing normative frameworks on internal displacement and forward recommended improvements on handling IDPs. The thesis will attempt to answer the following questions. What are the existing normative frameworks on internal displacement and durable solutions; international; regional-specific to Africa; and national-specific to Ethiopia? What are the major causes of internal displacement in Ethiopia? What are the major vulnerabilities to the IDPs and hosting communities? What are effective, durable solutions to support IDPs? What are the major challenges in selecting durable solutions for displaced people? How can durable solutions best be realized in contexts of conflict and fragility?
A number of definitions and concepts can be generated from various sources to define the term "internal displacement". The definition of “internally displaced persons” is generally not included in binding documents. The term “displaced persons” is only used to refer to the category of internally displaced persons as defined in other relevant General Assembly resolutions. The concept of "displaced persons" was given an unclear explanation, although it particularly incorporated and largely referred to the term "internally displaced persons”. The issue of IDPs has been part of international discourse since 1972, when the UN officially used the term in a resolution concerning refugees and displaced persons in Sudan. Nonetheless, the first formal definition was incorporated into the Analytical Report in 1992 by the then UN Secretary General, Boutros B. Ghali. The definition was criticized because it unnecessarily provides time-based and numerical benchmarks. The IOM's proposed definition includes returnees who, having fled to another country, subsequently return to their own country but are unable to return to their original place of residence. Attempts have been made to look through various sources of internal displacement concepts. There is no single definition for it since it’s a social science concept.
Table of Contents
2. Introduction and Background of the Study
2.1. Introduction and Background of the Study
2.2. Objective
2.3. Research questions
3. Discussion and Results
Unit 1: International Normative and Institutional Frameworks On Displacement
1.1. International Human Rights Law
1.2. Key International Human Rights Instruments In Situations Of Internal Displacement
1.3. International Humaniterian Law
1.4. The Guiding Principles on Internal Displacement
1.4.1. The pre-displacement Phase
1.4.2. Protection During Displacement and Humanitarian Assistance
1.4.3. Post-Displacement Phase
Unit 2: Regional Normative and Institutional Frameworks of Africa
2.1. Normative Frameworks
2.1.1. Kampala Convention: The African Union Convention For The Protection and Assistance Of IDPs In Africa
2.1.2. Great Lakes Protocol: The Protection and Assistance to IDPs
2.2. Regional Institutional Framework
2.3. Normative and Institutional Frameworks particularly in Ethiopia
2.3.1. Normative Framework of Ethiopia
2.3.2. Institutional Framework of Ethiopia
Unit 3: Factors Causing Displacement, Related Vulnerabilities and Wayouts
3.1. Forced Displacement: Humanitarian Crisis, And Development Challenges
3.2. Durable Solutions: Humanitarian, Development and Peace Nexus as wayout to Protracted IDPs
Research Objectives and Thematic Focus
This study aims to assess existing international, regional, and national normative frameworks governing internal displacement and to propose specific improvements for protecting and assisting internally displaced persons (IDPs), with a particular focus on the Ethiopian context. The work addresses the disconnect between legal standards and practical implementation while exploring sustainable solutions.
- Comparative analysis of international human rights and humanitarian law instruments regarding IDPs.
- Evaluation of the African Union’s Kampala Convention and regional protocols in the Great Lakes region.
- Examination of Ethiopia’s national legal and institutional landscape, including DRM policies and the Durable Solutions Initiative.
- Investigation of the humanitarian-development-peace nexus as a strategy for resolving protracted displacement.
Excerpt from the Book
1.4. The Guiding Principles on Internal Displacement
This is formally a guiding principle in all frameworks and this should be applicable everywhere in order to ensure the protection of human rights. Based on and reflecting on these bodies of international law – international human rights law, international humanitarian law, and international criminal law, as well as international refugee law by analogy – the Guiding Principles on Internal Displacement set out the rights of IDPs and the responsibilities of national authorities and non-state actors towards them. The Guiding Principles on Internal Displacement represent the first international standards specific to internally displaced people and their particular needs. Presented to the UN Commission on Human Rights in April 1998, they were developed by a team of international legal experts working under the direction of the Representative of the Secretary-General on Internally Displaced Persons. The principles articulate the meaning of protection for internally displaced persons by setting out the rights of such populations and by identifying the obligations of states and other authorities in the different phases of displacement: before displacement (that is, protection against arbitrary displacement), during displacement, and in the phase of return and reintegration.
According to the Guiding Principle, there are three phases of displacement; these are the prevention phase, protection and humanitarian assistance phase, and the durable solutions phase.
Summary of Chapters
Unit 1: International Normative and Institutional Frameworks On Displacement: This chapter reviews the three primary bodies of international law—human rights, humanitarian, and criminal law—that collectively offer protection to IDPs in the absence of a single international convention.
Unit 2: Regional Normative and Institutional Frameworks of Africa: This section evaluates key African instruments like the Kampala Convention and the Great Lakes Protocol, highlighting their role in codifying IDP protections and regional cooperation.
Unit 3: Factors Causing Displacement, Related Vulnerabilities and Wayouts: This chapter analyzes the push-pull dynamics of forced migration and discusses the triple nexus approach (humanitarian, development, and peace) as a framework to build long-term resilience for displaced populations.
Keywords
Internal Displacement, IDPs, Kampala Convention, International Humanitarian Law, Human Rights, Ethiopia, Durable Solutions, Humanitarian-Development-Peace Nexus, Forced Migration, Refugees, Protection, Assistance, Disaster Risk Management, Conflict, Sovereignty.
Frequently Asked Questions
What is the primary scope of this research?
The work examines normative and institutional frameworks that govern the protection and assistance of internally displaced persons (IDPs) across international, regional African, and national Ethiopian contexts.
What are the core thematic fields addressed in the book?
The study centers on human rights law, humanitarian frameworks, legal mechanisms for IDP protection, disaster risk management, and durable solutions for protracted displacement.
What is the central research objective?
The objective is to evaluate current normative legal frameworks and to provide recommendations for improving the handling and protection of IDPs.
What scientific methodology is applied?
The author employs a desk review methodology, analyzing secondary data from the World Bank, OCHA, and various legal documents, policies, and international conventions.
What topics are covered in the main body?
The main body covers international legal instruments, regional protocols (Kampala Convention), Ethiopian national policies, the causes of displacement, and the potential of the humanitarian-development-peace nexus.
How would you best characterize the key focus areas of this work?
The key focus areas include the assessment of legal gap-filling, the transition from emergency relief to long-term development, and the accountability of national states regarding IDP rights.
How does the Kampala Convention differ from other international instruments?
Unlike the UN Guiding Principles which are not legally binding, the Kampala Convention is a binding legal instrument specific to the African continent that imposes concrete obligations on states parties.
What is the role of the "humanitarian-development-peace nexus" described in the book?
The nexus is presented as an operational framework designed to bridge the gap between emergency relief and long-term development goals to prevent protracted displacement cycles.
- Quote paper
- Mulugeta Tefera (Author), 2023, Normative Frameworks and Durable Solutions on Internal Displacement. A Look to Africa, Munich, GRIN Verlag, https://www.grin.com/document/1319086
