THE INTERNALLY DISPLACED IN SOUTH ASIA: LESSONS FROM KAMPALA

Abstract

Exoduses, chiefly due to uncertain social and political factors, are a recurrent phenomenon in todays’ world and a reality for large numbers of people. Some cross international geo-political borders and avail themselves of the international refugee protection regime. However this is not a luxury enjoyed by all. Most displaced persons, by virtue of remaining within the borders of their own countries or territories are excluded from international protection afforded to refugees. Conflict is one of the most common causes of displacement, especially in South Asia. Conflict effected internal displacement forces the displaced to remain as a minority group within the governance of a regime that was instrumental in the initial displacement and places them in a precarious position. Even though conflict effected internal displacement is rampant in South Asia there is no parallel protection regime for internally displaced persons (IDPs). There is a dearth in comprehensive domestic laws in South Asia to address this issue and a lack of regional and/or international treaties to obligate states to take appropriate measures for the protection of IDPs. This article examines the adequacy of existing legislative and institutional arrangements in the South Asian region catering to IDPs, identifies gaps in the existing protection framework, and proposes the formulation of a new treaty for the region drawing inspiration from the Kampala Convention, addressing all phases of conflict induced displacement, as a measure of bridging this gap in protection.