The Emerging Law of Forced Displacement in Africa

The Emerging Law of Forced Displacement in Africa PDF Author: Allehone M. Abebe
Publisher: Routledge
ISBN: 1317210301
Category : Law
Languages : en
Pages : 320

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Book Description
As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as ‘responsibility to protect’ and ‘sovereignty as responsibility’ have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered.

Emerging Issues in Internal Displacement in Africa

Emerging Issues in Internal Displacement in Africa PDF Author: Romola Adeola
Publisher: Springer Nature
ISBN: 3030645622
Category : Science
Languages : en
Pages : 75

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Book Description
This book focuses on emerging issues related to internal displacement in Africa. The six principal issues discussed are climate change, technology, xenophobia, harmful practices, generalized violence and development projects. Increasingly, the need to understand the root causes of the dimensions of internal displacement and the dimensions in which this displacement manifests have become a pertinent rhetoric in the discussion on internal displacement. Therefore, this monograph examines emerging issues for which there is very little in the internal displacement discussion, with the aim of providing knowledge within African regional contexts to advance law and policy formation. The novelty of this book lies in the fact that it moves beyond the conventional discussion on internal displacement into grey areas on the subject in Africa, leveraging the African Union Convention for the Protection and Assistance of Internally Displaced Persons (the Kampala Convention). This book will be a significant reference point for researchers, professors, practitioners, judges, policy makers, international organizations, regional bodies, lawyers and scholars in the fields of migration, forced migration, and regional institutions.

Human Rights and Forced Displacement

Human Rights and Forced Displacement PDF Author: Joan Fitzpatrick
Publisher: BRILL
ISBN: 9004478868
Category : Law
Languages : en
Pages : 335

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Book Description
A comprehensive approach to the problem of forced displacement involves understanding and addressing human rights issues in a multiplicity of forms. This collection aims to contribute to the institutional capacities of the many different players to `operationalise' the human rights of refugees and the internally displaced, by conceptualising the emerging issues and priorities, and advancing policy thinking on human rights and forced displacement. Each of the sections of the book approaches this issue from a different perspective. The section on standards asks: What international human rights standards apply to the forcibly displaced? How do they apply? Have there been failures? Are there gaps in the international standards? Are there conflicts? The section on monitoring reporting asks: Who monitors human rights violations? Who reports the findings, and to whom? What are the respective responsibilities of the different actors? The section on solutions asks where solutions lie: Environmental planning and development? International prosecution of war criminals? Rebuilding legal infrastructures and national institutions? Enhancing the role of human rights NGOs to monitor, report, and frame forced displacement in human rights terms for increased public understanding and interest? The final section looks to the future, and considers where asylum fits into the spectrum of solving the nature of forced displacement today, the capacities and limitations of international criminal tribunals and the co-operative arrangements and practical divisions of labour that need to be fashioned between international agencies, and service relief providers.

Legal Discrepancies: Internal Displacement of Women and Children in Africa

Legal Discrepancies: Internal Displacement of Women and Children in Africa PDF Author: Veronica Patience Fynn
Publisher: Lulu.com
ISBN: 0557509874
Category : Law
Languages : en
Pages : 262

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Book Description
Veronica Fynn's "Legal Discrepancies: Internal Displacement of Women and Children in Africa" is not only timely (produced soon after Africa adopts its historical Convention on the Protection and Assistance of Internally Displaced People in Africa, 2009). "Legal Discrepancies: Legal Discrepancies: Internal Displacement of Women and Children in Africa" offers the first comprehensive, holistic, and multi-disciplinary examination on the efficacy of international, regional and national laws and policies in protecting and assisting IDPs. Fynn's research provides a thought provoking framework for academics, lawyers, public health practitioners, aid workers, national governments, regional institutions and international organizations to rethink the legal space within which internally displaced peoples lingers.

The Internally Displaced Person in International Law

The Internally Displaced Person in International Law PDF Author: Romola Adeola
Publisher: Edward Elgar Publishing
ISBN: 1788975456
Category : Law
Languages : en
Pages : 208

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Book Description
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.

National Protection of Internally Displaced Persons in Africa

National Protection of Internally Displaced Persons in Africa PDF Author: Romola Adeola
Publisher: Springer Nature
ISBN: 3030668843
Category : Science
Languages : en
Pages : 113

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Book Description
This volume examines the protection of internally displaced persons (IDPs) through an interdisciplinary lens, with a focus on IDPs in Africa. The novelty of this book resonates from the fact that it explores national perspectives on internal displacement, with the aim of providing a well-grounded engagement on the subject of internal displacement, for which very little exists. The chapter authors are drawn from various disciplines and institutional backgrounds, and provide context-based analysis and examine the situation in countries with significant population displacement. The work is a timely engagement, as the issue of internal displacement has emerged as a pertinent concern in Africa. Each of the chapters in this book draw on significant context-based knowledge and on issues for which there is a need for pertinent attention across the African countries. This book will be a significant reference point for researchers, professors, practitioners, judges, policy makers, international organizations, regional bodies, lawyers and scholars in the field of migration, forced migration, and regional institutions.

People Forced to Flee

People Forced to Flee PDF Author: United Nations High Commissioner for Refugees
Publisher: Oxford University Press
ISBN: 0191089788
Category : Political Science
Languages : en
Pages : 540

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Book Description
People in danger have received protection in communities beyond their own from the earliest times of recorded history. The causes — war, conflict, violence, persecution, natural disasters, and climate change — are as familiar to readers of the news as to students of the past. It is 70 years since nations in the wake of World War II drew up the landmark 1951 Convention relating to the Status of Refugees. People Forced to Flee marks this milestone. It is the latest in a long line of publications, stretching back to 1993, that were previously entitled The State of the World's Refugees. The book traces the historic path that led to the 1951 Convention, showing how history was made, by taking the centuries-old ideals of safety and solutions for refugees, to global practice. It maps its progress during which international protection has reached a much broader group of people than initially envisaged. It examines international responses to forced displacement within borders as well as beyond them, and the protection principles that apply to both. It reviews where they have been used with consistency and success, and where they have not. At times, the strength and resolve of the international community seems strong, yet solutions and meaningful solidarity are often elusive. Taking stock today - at this important anniversary – is all the more crucial as the world faces increasing forced displacement. Most is experienced in low- and middle-income countries and persists for generations. People forced to flee face barriers to improving their lives, contributing to the communities in which they live and realizing solutions. Everywhere, an effective response depends on the commitment to international cooperation set down in the 1951 Convention: a vision often compromised by efforts to minimize responsibilities. There is growing recognition that doing better is a global imperative. Humanitarian and development action has the potential to be transformational, especially when grounded in the local context. People Forced to Flee examines how and where increased development investments in education, health and economic inclusion are helping to improve socioeconomic opportunities both for forcibly displaced persons and their hosts. In 2018, the international community reached a Global Compact on Refugees for more equitable and sustainable responses. It is receiving deeper support. People Forced to Flee looks at whether that is enough for what could – and should – help define the next 70 years.

Development-induced Displacement and Human Rights in Africa

Development-induced Displacement and Human Rights in Africa PDF Author: Romola Adeola
Publisher: Routledge
ISBN: 1351591681
Category : Political Science
Languages : en
Pages : 162

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Book Description
Within the context of the 2009 Kampala Convention, this book examines how a balance can be struck between the imperative of development projects and the rights of persons likely to be displaced in Africa. Following independence, many African states embarked on large-scale development projects such as dams, urban renewal and extraction of natural resources and have had to grapple with how to protect displaced communities while implementing development projects. These projects were considered a panacea for Africa’s development and the economic interests of the majority were often considered over and above the interests of the minority of people who were displaced by these projects .This book examines how a balance can be struck between the imperative of development and the rights of displaced persons within the context of the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention). Romola Adeola analyses the obligations that are placed on African states by the Kampala Convention in the context of development-induced displacement. This book will be of interest to scholars of human rights law, forced migration, African Studies and development.

Refugees and Forced Migration in the Horn and Eastern Africa

Refugees and Forced Migration in the Horn and Eastern Africa PDF Author: Johannes Dragsbaek Schmidt
Publisher: Springer
ISBN: 3030037215
Category : Social Science
Languages : en
Pages : 307

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Book Description
This volume sheds new light on the refugees and forced migration at the Horn of Africa and East Africa. Adopting a multidisciplinary perspective, it traces historical, structural, and geopolitical factors to reveal the often brutal uprooting of people in a region that hosts more than three million refugees and almost six million internally displaced persons (IDPs). By doing so, it enriches our understanding of the socio-economic, geopolitical and humanitarian causes and implications of migration and population displacement. The book is divided into five parts, focusing on different drivers of involuntary displacement and people’s uprooting: The first part covers geopolitical conflicts rooted partly in the colonial and Cold War geographies. The second part then focuses on security aspects and conflicts, while the third looks at encampment and refugee policies as well as refugee agencies. Part four highlights issues of forced repatriation and human trafficking. Lastly, part five analyzes the dynamics of refugee camps.

The Regional Law of Refugee Protection in Africa

The Regional Law of Refugee Protection in Africa PDF Author: Marina Sharpe
Publisher: Oxford University Press
ISBN: 0192560689
Category : Law
Languages : en
Pages : 250

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Book Description
This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part One analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1981 African Charter on Human and Peoples Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Conventions drafting, an interpretation of its unique refugee definition and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and complementary relationships between the two refugee instruments, as well as to the relationships between the African Refugee Convention and African Charter. Part Two focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples Rights and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.