Addressing the Prevention of Internal Displacement: the Right Not to Be Arbitrarily Displaced

Abstract

Abstract Internally displaced persons (IDPs) constitute one of the important subjects to consider for enhancing the understanding of migration. They also play a significant role to the contribution of maintenance and promotion of international peace and security and they should be an important component of any comprehensive strategy to resolve conflict and build peace. Even though IDP numbers still increase dramatically, the root causes of internal displacement have not been studied extensively. This article addresses this gap through an examination of the right not to be arbitrarily displaced and its evolution at the national level. The article first examines the content of the right not to be arbitrarily displaced and the meaning of the term ‘arbitrary’ in different situations of internal displacement and then demonstrates that the capacity of this right to perform a critical role for IDP protection has been facilitated by developments across national laws. The empirical analysis shows that certain countries have developed more ambitious and comprehensive national legal frameworks on IDP rights, and this process has led to the recognition of the right not to be arbitrarily displaced in their domestic frameworks. It can be argued that there are now a critical number of countries that explicitly recognise this right, and which have even created policy-making frameworks that promote the applicability of this right.

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