Drepturile Omului (Jun 2020)
Coordonate generale de cercetare în materia persoanelor strămutate
Abstract
Although the international legal framework recognises and addresses the migration phenomenon by setting and strengthening standards and guarantees in favour of the population which is part of this phenomenon, displaced persons are a special category both from the perspective of their complex legal status and from the perspective of international and regional regulations. Addressing the migration phenomenon through specific strategies and plans does not imply, de plano, the analysis of the situation of displaced persons, which may have multiple interpretations. Characterising displaced persons as population subjected to forced migration is a perspective proposed by the International Organisation for Migration, and its usefulness is proved by the systematisation of international initiatives in the field. The international community, although aware of issues deriving from the status of displaced persons, superfluously addresses the subject – through rhetorical programmatic documents or by stating guiding principles belonging to soft law. The underrepresentation of displaced persons in international regulations leads to the minimisation of the importance of issues of the rights of displaced persons in the international official discourse. Thus, systemic, and structural shortcomings are created and maintained regarding the situation of displaced persons and improvement requires action taken at the level of local and regional communities. Recognising the negative consequences of the lack of a coherent approach to the issue of displaced persons, the African community has developed and implemented mandatory regional standards in the field, the Kampala Convention being representative in this regard. In this paper, we highlight elements specific to the protection of displaced persons, by presenting shortcomings as well as positive actions taken at regional and international level.
