| dc.description.abstract | One of the negative consequences of conflicts is the displacement of populations. Displacement brings with it challenges to the lives of people that require attention. It interferes with an individual's enjoyment of basic human rights recognised by international law. Persons displaced as a result of conflict usually move to safer places either within their country or to another state. Those who move to other states are referred to as refugees. For them, the international community has developed an impressive legal and institutional framework for responding to their plight. Conversely, no corresponding mechanism exists for internally displaced persons (IDPs).
This study argues that, although the position under international law is that a state retains principal responsibility for dealing with problems of those within its borders including those displaced within the same borders, in most situations the states concerned are either unable or unwilling to respond to such problems. The study makes a case for greater involvement by the international community III addressing problems associated with internal displacement. Using the case study of those internally displaced in Kenya as a result of ethnic clashes during the 1990s, the study points out the shortcomings of reliance on states to protect IDPs.
The existing legal and administrative framework at the international level is analysed and suggestions for their strengthening made. The study argues that recent events at the international level points to a shift in displacement trends from the creation of refugees to that of IDPs and urges urgent action by the international community to respond to this shift.
The study lauds the Guiding Principles on internal displacement developed under the aegis of the United Nations (UN) Secretary General's Special Representative on IDPs but decries their lack of legal effect. It is therefore proposed that the Principles be translated into binding legal form preferably a Convention and further be incorporated into municipal law of states. | en_US |
