L'émergence d'un droit pour les personnes déplacées internes

Abstract

Our contribution considers the context in which the rights of the IDP emerged, as well as their content and the scope of their protection. The purpose of the article is to understand the role of the States involved in the protection of the rights offered to the IDP. How did the International community seize this question and what are the prospects to enhance the legal protection of IDP? Have the Guiding principles met their objectives after twelve years of enforcement? What is their value and scope in the architecture of international law? The adoption by the African Union of the Convention for the Protection and Assistance of Internally Displaced Persons in Africa in Kampala on 23 October 2009 reinitiated the debate over mandatory IDP protection. Until recently only a normative framework of soft law and recommendations served to "guide" a number of States confronted with internal displacements. Our aim is to clarify the major changes offered by this new regional text. Finally, we will consider the remaining challenges to the protection of the IDP in the future, as climate change and natural disasters are expected to affect a growing number of displaced people around the globe.