The right not to be arbitrarily displaced under the United Nations Guiding Principles on Internal Displacement

Abstract

Globally, the issue of internal displacement has over the years emerged as one of the most pressing human rights concerns. For many years, millions of people have been displaced for various reasons, including conflicts, natural disasters and development projects. Recognising the need to address the issue of internal displacement, the United Nations developed a set of Guiding Principles in 1998. One significant provision of the Guiding Principles is their recognition of a right not to be arbitrarily displaced, which requires states to ensure the protection of persons in displacement situations with reference to fundamental human rights safeguards. However, the Guiding Principles are not clear on the yardstick against which to assess compliance by states with the duty. In light of the foregoing, the article explores the normative content of the right not to be arbitrarily displaced under the United Nations Guiding Principles on Internal Displacement.