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.

Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect the internally displaced. It will be of interest to all those involved with the internally displaced, as well as anyone seeking to gain an overall understanding of this complex issue.

Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.

Today, there are over 40 million conflict-induced internally displaced persons (IDPs) globally, almost double the number of refugees. Yet, IDPs are protected only by the soft-law Guiding Principles on Internal Displacement at the global level. Instead of a dedicated international organization, IDPs receive protection and assistance only through the UN’s cluster approach. Orchard argues that while an international IDP protection regime exists, many aspects of it are informal, with IDP issues bound up in a humanitarian regime complex that divides the mandates of key organizations and even the question of IDP status itself. While the Guiding Principles mark an important step forward, implementation of laws and policies based on them at the domestic level remains haphazard. Action at the international level similarly reflects an all-too-often ad hoc approach to IDP issues. Through an in-depth examination of IDP efforts at the international level and across the forty states which have adopted IDP laws and policies, Orchard argues that while progress has been made, new and greater monitoring and accountability mechanisms at both the domestic and international levels are critical. This work will be valuable to scholars, students, and practitioners of forced migration, international relations theory, and the Responsibility to Protect doctrine.

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 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.

Since the end of the Cold War, increasing numbers of people have been forced to leave their homes as a result of armed conflict, internal strife, and systematic violations of human rights. Whereas refugees crossing national borders benefit from an established system of international protection and assistance, those who are displaced internally suffer from an absence of legal or institutional bases for their protection and assistance from the international community. This book analyzes the causes and consequences of displacement, including its devastating impact both within and beyond the borders of affected countries. It sets forth strategies for preventing displacement, a special legal framework tailored to the needs of the displaced, more effective institutional arrangements at the national, regional, and international levels, and increased capacities to address the protection, human rights, and reintegration and development needs of the displaced.