Abstract:
Internal displacement of persons is a global phenomenon which every country faces though its degree of severity varies. The issue has reached its dramatic dimensions following the Cold War period and called the attention of the UN to deal with the issue in the 1990s. The main objective of this paper is to assess the normative and institutional frameworks of Ethiopia from the perspective of supranational frameworks in this regard, by employing qualitative methods of legal research. IDPs are defined under the UNGPs and the Kampala Convention as persons that cumulatively satisfy two elements, i.e., involuntary departure and their existence within the country of origin. These elements differs them from refugees and other vulnerable groups within the nation. Moreover, internal displacement is not only humanitarian, but also human right, peace-building and national stability problem. As a result, its causes, problems and impacts are diverse and multi-faceted. So, different pre-emptive and ex-post-facto protection strategies are devised to protect IDPs.
In this regard, unlike refugees, with the exception of the UNGPs soft law, internationally, there is no specific legally binding instrument for the protection of IDPs. Similarly, no institutional set-up exists in this regard. However, they are protected by the existing international normative and institutional frameworks. Accordingly, this paper advocates for the development of comprehensive and separate international legal framework and argues as the cluster approach is the best enforcement approach for the protection of IDPs. Regionally, it is Africa that has the only legally binding instrument for the protection of IDPs and establishes institutions on the basis of collaborative approach. Also, at sub-regional level African states within the Great Lakes Region have adopted a pact containing the IDP and property protocol. Further, States within Africa such as Kenya, Zimbabwe and Nigeria, has developed their experience in this regard.
Similarly, in Ethiopia, the phenomenon of IDP is worsened over time because of different factors. However, the main issue of protection remains unresolved. Ethiopia, a non- State party to the Kampala Convention, lacks specific normative and institutional framework for the protection of IDPs. However, IDPs as citizens of the nation are simply protected insufficiently by the existing frameworks of the nation. As a result, to grant full-fledged and comprehensive protection, the thesis advocates for ratification of the Kampala Convention, the enactment of comprehensive IDP policy and legal framework that establishes enforcement organs based on a cluster approach.