An Inquiry In To The State’s Obligation Towards Internally Displaced Persons: The Case Of Ethiopia

Abstract

IDPs are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border. This situation inevitably results in human rights concerns of victims. Then it poses the question of government obligations towards the victims. For that this research aimed to make an inquiry into the human rights obligations of Ethiopia towards IDPs then to investigate whether government of Ethiopia has carried out obligations imposed on it by relevant international, regional and national laws or not. The obligations of government Ethiopia towards IDPs has been analyzed by focusing on legislative and institutional measures at national plane. The qualitative research approach used to write this research. A desk review of primary documents and secondary sources was made; interview with key informants from focal point institutions in relation to IDPs was employed to collect data. The research has revealed that although FDRE Constitution and other legislations embrace some relevant provisions of general application for protection the rights of IDP, however the country lacks comprehensive and adequate laws and policies for addressing the plight of IDPs. On top of lacking compressive law, legislations which are of especial importance towards the protection of IDPs do not cover all causes of displacement or are cause specific. Additionally, policy framework relevant for protection of IDPs confined to life saving measures though bringing development oriented and durable solution is necessary. Besides the limitations in national laws there is also ratification gap, because Ethiopia has not ratified Kampala convention, the first binding specific framework for protection and assistance of IDPs. Regarding institutional focal points, they are not effectively functioning towards protection because of institutional arrangement problem, security issue as well as resource deficiency. To solve the above problems hindering government of Ethiopia to fully address the plight of IDPs and to fulfill its human rights obligations towards them, the research recommends the government to enact comprehensive legal and policy instrument. The study urges the government to look into institutional focal points and then uproot hindrances impeding well functioning of them.