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Displacing Human Rights

Displacing Human Rights
Author: Adam Branch
Publisher: OUP USA
Total Pages: 336
Release: 2011-09-08
Genre: Political Science
ISBN: 9780199782086

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Displacing Human Rights lays bare the reductive understandings motivating Western intervention in Africa, the inadequate tools it insists on employing, its refusal to be accountable to African citizenries, and, most important, its counterproductive consequences for peace, human rights, and justice.


Displacing Human Rights

Displacing Human Rights
Author: Adam Branch
Publisher: Oxford University Press
Total Pages: 331
Release: 2011-06-01
Genre: Political Science
ISBN: 0199782156

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Today, Western intervention is a ubiquitous feature of violent conflict in Africa. Humanitarian aid agencies, community peacebuilders, microcredit promoters, children's rights activists, the World Bank, the International Criminal Court, the U.S. military, and numerous others have involved themselves in African conflicts, all claiming to bring peace and human rights to situations where they are desperately needed. However, according to Adam Branch, Western intervention is not the solution to violence in Africa but, instead, can be a major part of the problem--often undermining human rights and even prolonging war and intensifying anti-civilian violence. Based on an extended case study of Western intervention into northern Uganda's twenty-year civil war, and drawing on Branch's own extensive research and human rights activism there, this book lays bare the reductive understandings motivating Western intervention in Africa, the inadequate tools it insists on employing, its refusal to be accountable to African citizenries, and, most important, its counterproductive consequences for peace, human rights, and justice. In short, Branch demonstrates how Western interventions undermine the efforts Africans themselves are undertaking to end violence in their own communities. The book does not end with critique, however. Motivated by a commitment to global justice, it proposes concrete changes for Western humanitarian, peacebuilding, and justice interventions as well as a new normative framework for re-orienting the Western approach to violent conflict in Africa around a practice of genuine solidarity. "A key strength of the book is its ability to analyse and reveal common patterns in seemingly disparate and complex empirical instances of counterproductive human rights interventions in Uganda. ... [T]his book should be required reading for all those working on various themes in Africa today."--The Journal of Modern African Studies "This book provides a pessimistic, but much needed, critique of the history of foreign intervention in Northern Uganda. ... Responsible discussions of foreign policy must consider the ways in which 'great power politics' can hurt people in the name of protection; this book is an excellent place to start that discussion." --The Christian Science Monitor


Armed Conflict and Forcible Displacement

Armed Conflict and Forcible Displacement
Author: Elena Katselli Proukaki
Publisher: Routledge
Total Pages: 227
Release: 2018-03-05
Genre: Law
ISBN: 1317243897

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This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.


Development-induced Displacement and Human Rights in Africa

Development-induced Displacement and Human Rights in Africa
Author: Romola Adeola
Publisher: Routledge
Total Pages: 162
Release: 2020-09-21
Genre: Political Science
ISBN: 1351591681

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Within the context of the 2009 Kampala Convention, this book examines how a balance can be struck between the imperative of development projects and the rights of persons likely to be displaced in Africa. Following independence, many African states embarked on large-scale development projects such as dams, urban renewal and extraction of natural resources and have had to grapple with how to protect displaced communities while implementing development projects. These projects were considered a panacea for Africa’s development and the economic interests of the majority were often considered over and above the interests of the minority of people who were displaced by these projects .This book examines how a balance can be struck between the imperative of development and the rights of displaced persons within the context of the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention). Romola Adeola analyses the obligations that are placed on African states by the Kampala Convention in the context of development-induced displacement. This book will be of interest to scholars of human rights law, forced migration, African Studies and development.


The Right Not to be Displaced in International Law

The Right Not to be Displaced in International Law
Author: Michèle Morel
Publisher:
Total Pages: 0
Release: 2014
Genre: Forced migration
ISBN: 9781780682051

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Every year, millions of people worldwide are forced to leave their homes and become displaced due to a variety of causes. This book explores the role of international human rights law in protecting people against involuntary displacement. It does so with reference to the idea of a æhuman right not to be displacedÆ.


People Forced to Flee

People Forced to Flee
Author: United Nations High Commissioner for Refugees
Publisher: Oxford University Press
Total Pages: 340
Release: 2022-02-16
Genre: Political Science
ISBN: 019108977X

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People in danger have received protection in communities beyond their own from the earliest times of recorded history. The causes — war, conflict, violence, persecution, natural disasters, and climate change — are as familiar to readers of the news as to students of the past. It is 70 years since nations in the wake of World War II drew up the landmark 1951 Convention relating to the Status of Refugees. People Forced to Flee marks this milestone. It is the latest in a long line of publications, stretching back to 1993, that were previously entitled The State of the World's Refugees. The book traces the historic path that led to the 1951 Convention, showing how history was made, by taking the centuries-old ideals of safety and solutions for refugees, to global practice. It maps its progress during which international protection has reached a much broader group of people than initially envisaged. It examines international responses to forced displacement within borders as well as beyond them, and the protection principles that apply to both. It reviews where they have been used with consistency and success, and where they have not. At times, the strength and resolve of the international community seems strong, yet solutions and meaningful solidarity are often elusive. Taking stock today - at this important anniversary – is all the more crucial as the world faces increasing forced displacement. Most is experienced in low- and middle-income countries and persists for generations. People forced to flee face barriers to improving their lives, contributing to the communities in which they live and realizing solutions. Everywhere, an effective response depends on the commitment to international cooperation set down in the 1951 Convention: a vision often compromised by efforts to minimize responsibilities. There is growing recognition that doing better is a global imperative. Humanitarian and development action has the potential to be transformational, especially when grounded in the local context. People Forced to Flee examines how and where increased development investments in education, health and economic inclusion are helping to improve socioeconomic opportunities both for forcibly displaced persons and their hosts. In 2018, the international community reached a Global Compact on Refugees for more equitable and sustainable responses. It is receiving deeper support. People Forced to Flee looks at whether that is enough for what could – and should – help define the next 70 years.


Human Rights Obligations of Non-State Armed Groups

Human Rights Obligations of Non-State Armed Groups
Author: Daragh Murray
Publisher: Bloomsbury Publishing
Total Pages: 346
Release: 2016-05-05
Genre: Law
ISBN: 1509901655

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This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.


Masses in Flight

Masses in Flight
Author: Roberta Cohen
Publisher: Rowman & Littlefield
Total Pages: 438
Release: 2012-01-27
Genre: Political Science
ISBN: 0815791356

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Since the end of the Cold War, increasing numbers of people have been forced to leave their homes as a result of armed conflict, internal strife, and systematic violations of human rights. Whereas refugees crossing national borders benefit from an established system of international protection and assistance, those who are displaced internally suffer from an absence of legal or institutional bases for their protection and assistance from the international community. This book analyzes the causes and consequences of displacement, including its devastating impact both within and beyond the borders of affected countries. It sets forth strategies for preventing displacement, a special legal framework tailored to the needs of the displaced, more effective institutional arrangements at the national, regional, and international levels, and increased capacities to address the protection, human rights, and reintegration and development needs of the displaced.


Refugee Rights

Refugee Rights
Author: David Hollenbach, SJ
Publisher: Georgetown University Press
Total Pages: 272
Release: 2008-04-30
Genre: Political Science
ISBN: 1589014057

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Of the over 33 million refugees and internally displaced people in the world today, a disproportionate percentage are found in Africa. Most have been driven from their homes by armed strife, displacing people into settings that fail to meet standards for even basic human dignity. Protection of the human rights of these people is highly uncertain and unpredictable. Many refugee service agencies agree advocacy on behalf of the displaced is a key aspect of their task. But those working in the field are so pressed by urgent crises that they can rarely analyze the requirements of advocacy systematically. Yet advocacy must go beyond international law to human rights as an ethical standard to prevent displaced people from falling through the cracks of our conflicted world. Refugee Rights: Ethics, Advocacy, and Africa draws upon David Hollenbach, SJ's work as founder and director of the Center for Human Rights and International Justice at Boston College to provide an analytical framework for vigorous advocacy on behalf of refugees and internally displaced people. Representing both religious and secular perspectives, the contributors are scholars, practitioners, and refugee advocates—all of whom have spent time "on the ground" in Africa. The book begins with the poignant narrative of Abebe Feyissa, an Ethiopian refugee who has spent over fifteen years in a refugee camp from hell. Other chapters identify the social and political conditions integral to the plight of refugees and displaced persons. Topics discussed include the fundamental right to freedom of movement, gender roles and the rights of women, the effects of war, and the importance of reconstruction and reintegration following armed conflict. The book concludes with suggestions of how humanitarian groups and international organizations can help mitigate the problem of forced displacement and enforce the belief that all displaced people have the right to be treated as their human dignity demands. Refugee Rights offers an important analytical resource for advocates and students of human rights. It will be of particular value to practitioners working in the field.


Human Rights and Forced Displacement

Human Rights and Forced Displacement
Author: Joan Fitzpatrick
Publisher: BRILL
Total Pages: 335
Release: 2021-10-18
Genre: Law
ISBN: 9004478868

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A comprehensive approach to the problem of forced displacement involves understanding and addressing human rights issues in a multiplicity of forms. This collection aims to contribute to the institutional capacities of the many different players to `operationalise' the human rights of refugees and the internally displaced, by conceptualising the emerging issues and priorities, and advancing policy thinking on human rights and forced displacement. Each of the sections of the book approaches this issue from a different perspective. The section on standards asks: What international human rights standards apply to the forcibly displaced? How do they apply? Have there been failures? Are there gaps in the international standards? Are there conflicts? The section on monitoring reporting asks: Who monitors human rights violations? Who reports the findings, and to whom? What are the respective responsibilities of the different actors? The section on solutions asks where solutions lie: Environmental planning and development? International prosecution of war criminals? Rebuilding legal infrastructures and national institutions? Enhancing the role of human rights NGOs to monitor, report, and frame forced displacement in human rights terms for increased public understanding and interest? The final section looks to the future, and considers where asylum fits into the spectrum of solving the nature of forced displacement today, the capacities and limitations of international criminal tribunals and the co-operative arrangements and practical divisions of labour that need to be fashioned between international agencies, and service relief providers.