Doctoral Degrees (Private Law)

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Browsing Doctoral Degrees (Private Law) by Author "Fawole, Charissa Esther"

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    A critical analysis of State responsibility to internally displaced children in Africa
    (Stellenbosch : Stellenbosch University, 2018-12) Fawole, Charissa Esther; Human, C. S.; Stellenbosch University. Faculty of Law. Dept. of Private Law.
    ENGLISH ABSTRACT : The issue of international forced migration has received much international attention of late, but the problem begins much closer to home. Internal displacement is a type of forced migration, which occurs within a State’s boundaries. Internally displaced persons (“IDPs”) outnumber refugees at least two to one. Africa is a continent with the largest number of IDPs. Another daunting reality is that a least half of all IDPs in children. Therefore, internally displaced children in Africa are a group of children that warrant special consideration. Internally displaced children can be described as persons under the age of 18 years who are forced to leave their place of habitual residence but do not cross an international border. For this reason, the State in which they are displaced has the primary responsibility for their protection and assistance. Situations of internal displacement present several risks to the physical security, basic needs, social, economic and cultural rights and the civil and political rights of internally displaced children. This thesis, therefore, examines the legal obligations that States have to internally displaced children. As a supplementary research question, it will examine the most effective means to hold States accountable for their obligations to internally displaced children. To determine the obligations that State have to internally displaced children this thesis includes a critical analysis of the key instruments that govern children’s rights law and the law on internal displacement that are applicable to internally displaced children in Africa. The instruments critically analysed in this thesis are the Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child, the United Nations Guiding Principles on Internal Displacement, the International Conference on the Great Lakes Region’s Protocol on the Protection and Assistance of Internally Displaced Persons and the African Union Convention for the Protection and Assistance of Internally Displaced Persons (Kampala Convention). A children’s rights perspective is the theoretical lens that used to critically analyse these instruments. The critical of the analysis of the key instruments demonstrates that the law, in theory, responds to the majority of the risks, rights and needs of internally displaced children. To address the secondary research question, the thesis examines the principle of accountability, the concept of sovereignty as responsibility, accountability mechanisms, the role of non-governmental organisations and practical steps for that facilitate State compliance with their obligations. Case studies of Uganda, the Central African Republic, Nigeria and Sudan provide context to the study and provide an opportunity to examine the steps for the practical implementation of State obligations to internally displaced children, which supports accountability. The thesis concludes with recommendations and framework from a children’s rights perspective that have the potential to improve the protection and assistance of internally displaced children and encourage States to comply with their obligations to this group of children. The recommendations and framework combine the theoretical aspects provided by a critical analysis of the law with practical steps that operationalise accountability with a focus on internally displaced children.