Internally Displaced Persons: Ordeals and Analyses of the Possible Regimes of Legal Protection Frameworks

82 Pages Posted: 10 Apr 2023

Date Written: March 26, 2023

Abstract

It seems that there is a present world that mirrors the political emergence of the interwar period that had nationalism on the rise. There is hostility to non-citizens globally, whether as refugees, internally displaced peoples (IDPs), or immigrants seeking to join new political communities. This Article explains the difficulties of being tagged “an internally displaced person” and some specific human rights violations that occur during internal displacement. Those violations include economic displacement, cultural displacement, a consistent astronomical rise in external displacement (refugeehood), and the effacement of the dignity to “belong” to a society. This article gives recommendations on the possible legal frameworks of protection that states could adopt to protect their displaced citizens because states bear the first responsibility for internal displacement, not the international community, which arguably has a secondary responsibility to protect IDPs when states are unwilling to protect them. This Article compares the IDP legal regimes in Africa—the Nigerian Draft National Policy on IDPs and The Kenyan IDP statute. It determines whether a statute or policy best answers the dilemma of an appropriate protection mechanism for IDPs. It concludes that choosing an IDP legal regime is not as important as the political will to implement the regime because a legal regime of protection is dead on arrival without implementation.

Keywords: IDPS

Suggested Citation

Ogunmodimu, Olawale, Internally Displaced Persons: Ordeals and Analyses of the Possible Regimes of Legal Protection Frameworks (March 26, 2023). Olawale Ogunmodimu, Internally Displaced Persons: Ordeals and Analyses of the Possible Regimes of Legal Protection Frameworks, 54 St. Mary's L.J. 407 (2023). Available at: https://commons.stmarytx.edu/thestmaryslawjournal/vol54/iss2/5, Available at SSRN: https://ssrn.com/abstract=4400613

Olawale Ogunmodimu (Contact Author)

St. Mary's University Law School ( email )

One Camino Santa Maria St
San Antonio, TX 78228
United States

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