Abstract:
Internal displacement remains a pressing humanitarian and human rights issue in
Ethiopia, particularly given ongoing conflicts that force many to flee their homes.
Ensuring the safe, voluntary, and dignified return of internally displaced persons (IDPs)
requires strong legal protections, including adherence to the principle of non-refoulement,
which prohibits forced or premature return to unsafe conditions. This research
investigates the legal frameworks governing the return of IDPs in Ethiopia and examines
the applicability of the non-refoulement principle in this context.
The study addresses key questions regarding the extent to which Ethiopian return
practices comply with international standards, the challenges and gaps in implementing
non-refoulement, and lessons Ethiopia can draw from other countries with experience in
managing conflict-induced displacement. The primary objectives are to analyze existing
laws and policies, assess their practical application, and propose recommendations for
strengthening the protection of IDPs during return processes. Employing a qualitative
research design, this study undertakes a comprehensive legal review of relevant
instruments such as the UN Guiding Principles on Internal Displacement, the Kampala
Convention, and Ethiopia‟s draft IDP Proclamation. It also incorporates interviews with
stakeholders, to evaluate on-the-ground realities and challenges faced by IDPs during
returns.
Findings reveal that while international and regional frameworks provide clear
protections, Ethiopia‟s national legal framework lacks binding provisions specifically
addressing non-refoulement for IDPs. Return practices often fall short of international
standards, with documented cases of forced and premature returns to areas still affected
by conflict, leading to secondary displacement. Key challenges include weak institutional
coordination, absence of peace building measures in return areas, political interference,
and limited accountability mechanisms. Comparative analysis with Uganda‟s National
Policy on IDPs and Colombia‟s Victims and Land Restitution Law highlights the
importance of comprehensive legal frameworks, institutional coordination, land
restitution, and peace building to facilitate durable and rights-based returns.
The study recommends that the Ethiopian government finalizes and enacts a binding IDP
law incorporating enforceable rights and remedies, domesticate regional conventions like
the Kampala Convention, and prioritize peace-building efforts before return operations.