International protection of internally displaced persons: an analysis of international initiatives and state practice

Abstract

The end of the Cold War and the surge in civil wars during the last two decades have led to the emergence of internal displacement as one of the most challenging issue faced by the international community in the area of human rights and humanitarian assistance. In contrast to refugees who are provided with special protection under international law by the 1951 UN Convention, as well as a dedicated international organization in charge of protecting their specific rights, internal displaced persons have remained largely ignored by national governments and the international community. In recognition of the emerging international responsibility to protect and assist persons uprooted and at risk within the boundaries of their own countries, roughly twice the number of refugees, the United Nations Guiding Principles on Internal Displacement were developed in 1998. Meant as a useful point of reference in drafting national legislation for the protection and assistance of internal displaced persons, the Guiding Principles reflect and are consistent with international human rights law and humanitarian law, but are not binding upon states. This thesis examines the effectiveness of international legal and institutional framework for the protection of internally displaced persons and assesses state implementation of national policies based on the UN Guiding Principles, using Uganda as a case study. The concept of sovereignty in the context of internal displacement is reviewed in light of recent developments and debates on this critical issue. In particular, the study takes the position that in as much as internal displacement is a consequence of the abuse or violation of human rights, the same is the legitimate concern of the international community and sovereignty cannot be used as a defence against international action to protect the internal displaced persons. This study argues that incorporating the Guiding Principles in domestic legislative or legal framework does not guarantee effective compliance with the Principles. The real v

test comes in how these policies that are sound on paper are applied in practice and how far governments succeed in protecting the rights of internal displaced persons. The need for effective monitoring and accountability mechanisms at local, national, regional and international levels is therefore required to ensure effective implementation of the Guiding Principles in emergency settings.