The Prevention of Arbitrary Displacement: A Temporal Understanding

Drawing on legal and empirical sources, this study proposes a temporal model of the prevention of arbitrary displacement in conflict and disaster settings, with practical implications for interventions

Published on March 10, 2022

Gijs Marijn van Selm | idrp, IDPs, Conflict, Protection, Law/Policy, International, Guiding Principles, Human Rights Law, Governance

Honduras. UNHCR programmes target vulnerable communities. 2019 © UNHCR/Daniel Dreifuss

In 2020 alone, 40.5 million people were newly displaced by conflict and disaster, many of them being arbitrarily displaced. In reality this number is even higher as it does not include displacement by large-development projects or displacement of those that were already displaced. Preventing arbitrary displacement remains difficult as there is no coherent understanding of, or cohesion on, what prevention really means in the context of arbitrary displacement. This research represents the first attempt to develop a comprehensive synthesis of the practical and theoretical meaning of the prevention of arbitrary displacement for governments by looking at what specific obligations governments have and what measures they can use to prevent arbitrary displacement.

Using Van der Have’s four phases of prevention, it argues for a human rights-based temporal understanding of the prevention of arbitrary displacement covering all phases of displacement. The results showed that, although arbitrary displacement receives little attention, it is the only form of forced displacement that is considered prohibited. Furthermore, a prevention-centred approach is essential if we want to hold governments accountable for human rights violations. Many measures can be taken to exercise due diligence and ultimately be prepared for any risk that might lead to arbitrary displacement. Henceforth, this study developed a model that can be used by other researchers as a starting point for a preventative-approach to arbitrary displacement adapted to local contexts.

Gijs van Selm is an MSc student at the University of Manchester. He has conducted research on the human rights of internally displaced persons and on the impact of enforced disappearances on households in the Philippines.

Download RID Working Paper No. 18

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