Gendered Protection of Internal Displacement

Globally, there is no binding legalisation promoting protection for 41,3 million people who are Internally Displaced Persons (IDP). Protection for IDPs is extracted from Human Rights Law, International Humanitarian Law, Refugee Law and non-legally binding recommendations from ‘The Guiding Principles on Internal Displacement’. However, in 2009 the African Union transformed soft law into hard law and adopt a legally binding instrument to providing assistance and protection for IDPs, the Kampala Convention. The multi-disciplinary study will examine gender in internal displacement and protection of IDPs. Through a Human Right-Based Approach, it underlines the role of the state as a duty holder and IDPs as rights holders. The thesis will discuss the role of IDPs within International Law and points out existing legal gaps in a legal analysis. According to feminist approach to International Law, there is a disproportionate emphasises in legal frameworks and policies for women, men, boys, and girls. The theory is applied to demonstrate the legal reforms that needs to be considered. Furthermore, the thesis identifies which specific rights that are lacking in gendered protection of IDP and discussed how they are addressed in the Kampala convention. The setting is contextualized through the current situation for IDPs in Ethiopia. The findings describe how the Kampala Convention enhances right-based protection and awareness for IDP. However, it can be argued that the convention does not fulfil protection of gendered impacts of internal displacement holistically, particularly in term of economic, social, and cultural rights