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The relationship between internally displaced persons and refugees: why are their legal statuses so different?
Since 1989, the number of internally displaced persons (IDPs) worldwide has continued to increase, reaching a staggering 70.5 million. However, there are key differences between internally displaced persons and refugees that raise legal, social and humanitarian considerations.
Internally displaced persons are individuals who have been forced to leave their homes but remain within the borders of their own countries.
The most basic definition
According to the definition of the 1951 Refugee Convention, refugees have a clear legal identity. But there is a lack of a universally applicable legal definition for internally displaced persons. Although the Guiding Principles provide a descriptive definition of internally displaced persons, stating that they are persons who have been forced to leave their homes as a result of armed conflict, widespread violence, human rights violations or natural disasters, they are unable to cross national borders.
These principles emphasize two important elements of internal displacement: coercion and internal movement.
IDP population status
According to recent reports, Ukraine is the country with the largest number of IDPs, at 8 million people, a number exacerbated by the two-year crisis in Union. However, over time, due to factors such as climate change, an increasing number of IDPs are driven by natural disasters.
The Dilemma of Protection and Assistance
The issue of protecting and assisting IDPs is not new. Under international law, the responsibility for providing protection and assistance usually rests with national governments. However, when the authority of the state is called into question, local authorities are often unable to provide the necessary support. It is estimated that around 5 million IDPs are "without any significant humanitarian assistance" in 11 countries. This makes support and integration for this vulnerable group even more urgent.
For internally displaced persons, there is no international humanitarian agency responsible for overall protection and assistance.
The role of the United Nations
The United Nations Refugee Agency (UNHCR) has formal responsibility for refugee protection. But so far, the role of IDPs has not been clearly established, although UNHCR can still provide assistance in some cases.
Law and Future Challenges
Although some countries have advocated extending the definition of refugees and protection measures to internally displaced persons, there is still a lack of concrete actions. Under the Guiding Principles, states have a responsibility to provide support before, during and after displacement. However, these principles are not a binding legal framework, leaving many IDPs facing a lack of protection.
Conclusion
As the global situation changes, the boundaries between internally displaced persons and refugees are constantly changing. In the future, how do we concretize these definitions in law and practice to enhance relief and support for all displaced people will be an important question before us.
