Authored By: Amanuel Daniel
Bahir Dar University
Abstract
IDPs are ’person or group of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict. Ethiopia faces one of the largest internal displacement crises in Africa, with conflict and governance gaps uprooting millions of people. The Amhara region, particularly Bahir Dar city, has become a key destination for internally displaced persons (IDPs) fleeing violence. Despite Ethiopia’s ratification of the Kampala Convention and the existence of national and regional frameworks, IDPs remain inadequately protected in practice. This article examines the international, regional, and Ethiopian legal regimes for the protection of IDPs, analyzes the lived realities of IDPs in Bahir Dar, and highlights the gap between law and implementation. It argues that Ethiopia’s obligations to respect, protect, and fulfill the rights of IDPs have been undermined by limited political will, weak institutional coordination, and insufficient humanitarian access. The article concludes with recommendations for strengthening legal enforcement, enhancing humanitarian access, and ensuring durable solutions that place IDPs at the center of policy responses.
Introduction
Internal displacement is one of the gravest humanitarian challenges confronting Ethiopia today. Millions of citizens have been uprooted by ethnic conflict, political instability, and armed clashes. Unlike refugees, who cross international borders and fall under international protection, IDPs remain within their own state and must rely on their government for assistance. This reliance, however, often proves problematic where the state is itself a party to the conflict or lacks capacity.
Bahir Dar, the capital of Amhara Regional State, has become a critical host city for displaced communities. Yet, while Ethiopia has adopted robust international and regional legal commitments, the practical realities in Bahir Dar reveal persistent neglect. This article critically examines the gap between law and reality in Ethiopia’s IDP protection regime.
Research methodology
The research approach is combinations of doctrinal and non-doctrinal research approach. The doctrinal method helps the researchers to analyze international, regional and national legal frameworks, while the non-doctrinal part provides experimental evidence supporting applications to determine government responsibility and vulnerability of IDPs.
1. General overview on frameworks for the protection of IDPs
1.1 International legal framework
IDPs like all individuals, are entitled to basic human rights protections under existing international legal frameworks, but there is no specific binding international legal instrument that exclusively protects IDPs. This has led to scholarly debates on whether a dedicated framework is necessary not?
Due to this lack of consensus, the UN has not adopted a specific binding legal framework for IDPs. As a result, gaps in protection persist, though existing international legal instruments such as human rights law, humanitarian law, the Guiding Principles on Internal Displacement, and international criminal law can and do offer significant protection.
1.1.1 International Human Rights Law
International human rights law is among the primary frameworks addressing IDP protection. Documents like the UN Charter, UDHR, ICCPR, and ICESCR enshrine fundamental human rights that apply equally to IDPs. In addition, conventions protecting vulnerable groups such as CEDAW, CRC, CRPD, and ICERD also provide relevant protections. These rights include equality, non-discrimination, life, liberty, movement, family protection, property rights, and access to basic needs like food, shelter, health, and education.
IDPs, like any other citizens, do not lose their rights due to displacement. They are entitled to invoke these protections and enjoy them without discrimination. Human rights, humanitarian, and refugee law (by analogy) together reflect both national and international responsibility for host community IDPs protection.
The UN Charter emphasizes the promotion and observance of human rights and fundamental freedoms for all. Since its adoption after World War II, the UN and its Charter have significantly influenced the development of international human rights instruments, including the UDHR (1948). Although not legally binding, the UDHR laid the foundation for binding treaties like the ICCPR and ICESCR and remains a powerful moral and normative force.
1.1.2 International Humanitarian Law
International humanitarian law (IHL) provides crucial protections for IDPs, particularly during armed conflict. The Fourth Geneva Convention and its Additional Protocols, as well as Common Article 3, offer protection to civilians including IDPs in both international and non-international armed conflicts. IHL prohibits arbitrary displacement and provides guidelines on how evacuations should be carried out.
IHL guarantees humane treatment, protection from violence, and access to essential needs such as shelter, hygiene, health, and nutrition. It also protects family unity and prohibits unlawful interference with property. Given that internal conflicts are the primary cause of displacement in many regions, including Africa, IHL is especially relevant.
The International Committee of the Red Cross (ICRC) plays a key institutional role in implementing IHL, providing direct assistance and promoting its dissemination and integration into national laws. The ICRC has long been involved in protecting civilians, including IDPs, though the scale of displacement often exceeds its capacity. Nonetheless, its contribution remains vital during armed conflicts.
1.1.3 The Guiding Principles on Internal Displacement
The Guiding Principles on Internal Displacement are based on international human rights, humanitarian, criminal, and refugee law (by analogy). Though not legally binding, they reflect existing international legal standards and are widely recognized as a key framework for protecting IDPs. They serve as a practical tool for governments, international organizations, and other relevant actors.
The Principles cover all phases of displacement before, during, and after and emphasize both civil-political and socio-economic rights, including protection from unlawful displacement, access to assistance, and durable solutions.
I. General Principles (1–4): National authorities bear the primary responsibility to protect and assist IDPs. IDPs are entitled to equal rights as other citizens and must not face discrimination. Special attention is required for vulnerable groups such as unaccompanied minors, pregnant women, persons with disabilities, and the elderly.
II. Protection from Arbitrary Displacement (5–9): States must prevent arbitrary displacement, especially of groups with a special attachment to their land. Displacement is only permissible when absolutely necessary and with legal safeguards.
III. Protection and Assistance during Displacement (10–23): IDPs must be protected from violence, torture, sexual abuse, landmines, and forced recruitment. They have rights to food, water, shelter, medical care, education (especially for women and girls), employment, and participation in public life. Freedom of movement and access to personal documentation are also guaranteed.
IV. Access to Humanitarian Assistance (24–27): When states cannot or do not provide support, international organizations may offer aid and must have unimpeded access. Assistance should be impartial and sensitive to protection needs.
V. Durable Solutions (28–30): IDPs have the right to voluntarily return, locally integrate, or resettle elsewhere in dignity and safety. They must participate in planning these solutions and be entitled to reclaim lost property or receive compensation. Equal access to public services must be ensured.
1.2 regional legal frameworks; African instruments
1.2.1 The African Union Convention on the Protection and Assistance of IDPs (Kampala Convention)
The African Union Convention on the Protection and Assistance of Internally Displaced Persons (Kampala Convention) is a binding regional legal framework aimed at protecting the rights of IDPs in Africa. It consists of a preamble and 23 articles. The preamble explains the rationale for the convention, recognizing the need for a legal instrument to address the severe impacts of internal displacement on peace, security, the environment, and development.
The Convention addresses all three phases of displacement: prevention, protection and assistance during displacement, and durable solutions. Article 2 outlines its main objective to strengthen national and regional efforts to prevent displacement, address root causes, provide durable solutions, and establish obligations for states, armed groups, and other actors.
Article 4 prohibits arbitrary displacement under conditions like ethnic cleansing or collective punishment. Articles 5–9 detail states’ responsibilities to ensure access to basic needs and protection from violence, particularly for vulnerable groups such as women, children, and the elderly. States must also ensure non-discrimination and uphold IDPs’ rights to documentation, education, and freedom of movement.
Article 6 obligates non-state actors including armed groups and corporations to respect human rights and not obstruct humanitarian aid. Article 7 specifically addresses protection in armed conflict situations. States are held criminally accountable for violations of IDPs’ rights under international and national law. Article 12 guarantees IDPs’ right to remedies such as compensation and restitution, while Article 11 emphasizes durable solutions like voluntary return, local integration, or resettlement. States are primarily responsible for implementation, as mandated in Article 3, which requires adopting national laws, allocating resources, and establishing responsible bodies.
Regional cooperation is supported by Article 8, and Article 13 ensures IDPs’ right to registration and personal documentation without unreasonable conditions. Articles 14–23 establish institutional frameworks for reporting and monitoring, including biennial state reports to the AU. The AU’s 2018 Model Law helps align national laws with the Convention. Article 16 states that once ratified, the Convention is binding, requiring states to develop national legal instruments. An increasing number of African countries are incorporating its principles into domestic law, enhancing legal protection for IDPs.
1.3. National Legal Frameworks
1.3.1 FDRE Constitution
The FDRE Constitution, effective since August 21, 1995, is the supreme law in Ethiopia. It guarantees fundamental human and democratic rights, many of which are relevant to IDPs. Articles 14–18 ensure the right to life, liberty, and protection from bodily harm, though these can be derogated during a state of emergency unlike international norms such as the ICCPR.
Article 25 ensures equality and non-discrimination for all, including IDPs, regardless of race, ethnicity, sex, or social status. Article 17 affirms protection against arbitrary detention, while freedom of movement is protected under Article 32. Article 40 protects property rights, granting IDPs the right to own and reclaim property. Article 90 outlines the government’s obligation to ensure basic needs like health, education, clean water, and food based on available resources. Articles 35 and 36 further protect the rights of women and children, ensuring special consideration for displaced families.
1.3.2 Draft Proclamation on Protection and Assistance of IDPs
A draft proclamation is currently under review to provide comprehensive legal protection for IDPs before, during, and after displacement. It follows a human rights-based approach and includes the creation of a National Coordination Council and a Fund for IDPs. The draft criminalized arbitrary displacement, obstruction of aid, forced conscription, and other abuses, filling existing legal gaps and promoting accountability.
1.3.3 Kampala Convention Ratification Proclamation No. 1187/2020
Ethiopia ratified the Kampala Convention in 2020, over a decade after signing it. The move came in response to large scale conflict induced displacement. The ratification domesticated the Convention, recognizing IDPs’ rights and aiming for durable solutions. However, the proclamation includes significant reservations, especially on compensation (limited to expropriation) and external humanitarian involvement (subject to government approval). It also rejects the jurisdiction of the African Court of Justice and Human Rights.
2. The Lived Realities of IDPs protection in Bahir Dar
Field findings from Bahir Dar illustrate the stark gap between legal rights and lived experiences:
2.1 Security and Right to Life
As discussed in the above IDPs living as host community have legal Guarantee at International frameworks like, UDHR Art. 3; ICCPR Art. 6 and Geneva Conventions stress the right to life and protection against violence. Nationally, FDRE Constitution Articles 14 and 15 ensure the inviolability of life and liberty for more we can refer the above explanation. In addition to this government also have duties to protect as discussed before but, in data gathering the Reality on the Ground and Interviewees reported pervasive fear and insecurity. An In-depth interviewee with the same man in the above described,
2.2 Access to Basic Needs and Humanitarian Aid
This also other discussion part in the above at international level, ICESCR Articles 11 and 12 guarantee food, housing, health. At regional, Kampala Convention Articles 5–9 require, also national level, FDRE constitution access to essentials during displacement. Ethiopia’s DRM and another legal framework works clearly shows as we discussed. In addition, its main obligation to fulfill these basic needs for IDPs. Unfortunately, when we analysis the Reality on the Ground, Food, water, and shelter remain inadequate
2.3 Gender-Based Violence Related Risks
Displaced women and girls face increased risks of gender-based violence, trafficking, and forced marriage due to separation from protective family and community structures. Conflict and displacement heighten vulnerability to intimate partner violence (IPV), driven by stress, trauma, and weakened state support. Economic hardship and lack of services often force adolescent girls into early or coerced marriage, sometimes under pressure from parents seeking to ensure survival.
2.4 Health Related Risks
According to IDMC, displaced women and children “receive less antenatal care and are more exposed to violence, malnutrition, poor hygiene conditions and communicable diseases than non-displaced women and children ” The health needs of women and children are often unmet in displacement settings, due to a number of factors, including the limited availability of health services and facilities,
2.5 Education Related Risks
There are many barriers for displaced children accessing education, including lack of capacity and resources, insecurity, and discrimination current global estimate of how many IDP children do not have access to education (UNICEF 2020). Education Barriers, Displaced children are mocked or denied school enrollment (FDRE Constitution, Art. 36
3. The Protection Gap: Law versus Practice
The Ethiopian government has embraced a strong legal architecture, but its enforcement is undermined by: Weak institutional coordination between federal and regional actors. Resource shortages and political prioritization of security over humanitarian needs. Restrictions on humanitarian access, often justified by sovereignty concerns. The result is a persistent “implementation gap” that leaves IDPs in Bahir Dar vulnerable and marginalized despite formal legal guarantees. Government Obligations under International and Domestic Law impose a threefold duty on Ethiopia:
- Respect – Refrain from actions that arbitrarily displace citizens.
- Protect – Prevent third parties, including armed groups, from violating IDP rights.
- Fulfill – Take positive measures to ensure IDPs’ access to food, shelter, education, and healthcare.
Failure to uphold these duties not only contravenes Ethiopia’s legal commitments but also undermines its constitutional obligations to its citizens.
Conclusion
The study on the protection of Internally Displaced Persons (IDPs) in Bahir Dar City, Amhara region, Ethiopia, reveals a significant gap between legal frameworks and their practical implementation. Despite robust international, regional, and national instruments designed to safeguard host community IDPs, displaced populations in Bahir Dar face systemic failures in protection, assistance, and durable solutions. The ongoing conflict in the Amhara region has increased vulnerabilities, exposing IDPs in host communities to risks such as gender-based violence, livelihood insecurity, and limited access to basic services. International law, including human rights and humanitarian principles, mandates state action to protect individuals during conflict. Instruments like the UDHR, ICCPR, ICESCR, CAT, CERD, Genocide Convention, CEDAW, and CRC provide comprehensive frameworks requiring states to align domestic laws with international obligations. IHL further protects civilians during armed conflicts. Effective implementation of these standards is essential for protecting IDPs in host communities.
Regionally, the Kampala Convention is a binding framework requiring African states to protect IDPs. However, Ethiopia’s ratification includes reservations on compensation and the African Court’s jurisdiction, weakening its impact. Nationally, Ethiopia’s Constitution and draft IDP Proclamation guarantee rights and protections, but enforcement is weak due to unclear mandates, limited resources, and poor coordination between federal and regional authorities.
The study also identifies several critical challenges faced by IDPs in Bahir Dar city like, Legal and Policy Gaps, the absence of a clear national policy on host community IDPs and the lack of enforceable mechanisms leave displaced populations without recourse. The draft IDP Proclamation, though progressive, has yet to be enacted, leaving a vacuum in legal protection. Lack of Humanitarian Access and Basic Needs, Restrictions on aid delivery and the prioritization of camp-based IDPs over host communities’ result in severe shortages of food, shelter, and healthcare. Many IDPs rely on informal networks or exploitative labor to survive.
Gender-Based Vulnerabilities, Women and girls face heightened risks of sexual violence, forced marriage, and trafficking, yet protection mechanisms are either absent or poorly implemented. Lack of Durable Solutions, the lack of long-term planning for return, resettlement, or local integration perpetuates displacement, with IDPs expressing fear of returning to unstable regions. Accountability and Justice, Weak judicial mechanisms and the absence of documentation hinder IDPs’ ability to seek redress for property loss or human rights violations.
The Ethiopian government’s obligations to respect, protect, and fulfill the rights of IDPs are not being met. Many IDPs remain in informal settings without long-term housing, integration support, or safe return, despite Article 11 of the Kampala Convention. Aid delivery has been poorly coordinated, lacking essential services like food, healthcare, and shelter.
Recommendation
Based on the analysis and findings made on the protection of internally displaced person living as host community in Amhara regional state particularly, Bahir Dar city the following recommendations are suggested:
- Urgent implementation of the Draft Proclamation, It is essential that the government finalizes, signs, and enforces the draft proclamation concerning the rights and protection of IDPs. This legal framework will provide clear guidelines for the protection, support, and integration of IDPs within host communities, ensuring their rights are legally recognized and upheld.
- Promotion of Internationally Binding Legal Instruments, it is recommended that the government advocate for and support the creation or adoption of international legally binding frameworks that specifically address the rights and protection of host community IDPs. This will help align national policies with global standards and ensure stronger protection mechanisms.
- Government and humanitarian support must be fairly and equitably distributed between camp-based and host community IDPs to reduce disparities, prevent tensions, and promote social cohesion.
- Enhancing Access to Basic Services through Existing Facilities, the capacity and accessibility of existing health and social service centers. This includes training staff on the specific needs of IDPs and ensuring adequate resources to host community IDPs.
- Government should create collaboration with NGOs and community organizations, to conduct targeted awareness campaigns, especially focusing on women, to improve their knowledge about legal rights, available protection mechanisms, and access to services such as legal aid and safe spaces (e.g., in Bahir Dar city). This will empower vulnerable groups and enhance their ability to seek help when needed.
- Government should Promoting economic opportunities and expanding employment for IDPs. It can reduce tensions and improve self-reliance. Collaboration between local government and NGOs is essential to develop sustainable livelihood initiatives that benefit both host communities and IDPs.
- Government and humanitarian actors should strengthen regular monitoring systems to evaluate policy implementation, security, and services for host community IDPs, enabling early identification of challenges and timely intervention adjustments.
- The government need to develop long-term reintegration plans (return, resettlement, or local integration) in consultation with IDPs, respecting their voluntary choice under guiding principles 28 –30. Issue temporary IDs and replace lost documents for IDPs to restore access to services and properties.
Reference(S):
[i] Mehari Taddele. Causes, Dynamics, and Consequences of Internal Displacement in Ethiopia, 2017.
[ii] Chaloka Beyan, ‘Recent Developments the Elaboration of a Legal Framework for the Protection of Internally Displaced Persons in Africa’, Journal of African Law, 2006, Vol.50, No.2, PP.187-197.
[iii] Cohen R and Deng M Francis, Masses in Flight: The Global Crisis of Internal Displacement, (1st Ed, Brookings Institution Press 1998)
[iv] Walter Kalin, The Guiding Principle on Internal Displaced; Annotation (2nd Ed, Washington DC 2008)
[v] CESCR, arts 10, 11 (reaffirming the commitment of the state’s party to the convention to the right to family and the right to an adequate standard of living); ICCPR, arts 6, 7, 23, 26 (recognizing the inherent right to life, freedom from torture and inhuman treatment, and equality before the law, and reaffirming that the family is the fundamental societal unit)
[vi] The institutions established by respective Conventions; such as, Human Right Committee (CCPR), Committee on Committee on CERD, CEDAW, CRC, CRPD available at https://www.ohchr.org/en/hrbodies/Pages/HumanRightsBodies.aspx
[vii] UNHCR Protection Cluster, Available at: https://emergency.unhcr.org/entry/82064?lang=en_US.
[viii] CRC, ‘ICRC Position on Internally Displaced Persons (IDPs)’ (2006) Available at: https://www.refworld.org/docid/46e943710.html.
[ix] Inter-Agency Standing Committee ‘Protection of Internally Displaced Persons’ (Policy Paper, New York December 1999)
[x] ICRC Position on Internally Displaced Persons (IDPs) (2006), https://www.refworld.org/docid/46e943710.html.
[xi] The basis in international law for each Principle is summarized in: Walter Kälin, Annotations. Guiding Principles, American Society of International Law (2000), available at: http://www.asil.org/pdfs/study_32.pdf.
[xii] United Nations General Assembly, 2005 World Summit Outcome resolution adopted by Heads of State, UN doc. A/RES/60/1, 15 September 2005, para. 132. See also UN Commission on Human Rights Resolution 2003/1, 23 April 2003; and UN General Assembly Resolution 58/177, 22 December 2003.
[xiii] The Guiding Principles on Internal Displacement available at http://www.brookings.edu/fp/projects/idp/gp_page.htm
[xiv] African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala convention), October 23, 2009
[xv] The AU Convention for the Protection and Assistance of Internally Displaced Persons in Africa, (was adopted by a special AU summit held in Kampala in October 2009, and entered into force in early December 2012) (hereinafter called Kampala Convention)
[xvi] The Kampala Convention Work for IDPs, AU ECOSOCC and IDMC (2010) 13, Available at: http://www.internal-displacement.org/sites/default/files/publications/documents/2010-making-the-kampalaconvention-work-thematic-en.pdf.
[xvii] Constitution of the Federal Democratic Republic of Ethiopia, 1995, Federal Negarit Gazzeta, Proclamation No.
[xviii] Federal Democratic Republic of Ethiopia, Draft Proclamation to Prevent Internal Displacement and Provide Protection and Assistance to Internally Displaced Persons, Prepared by the Ministry of Peace and Ministry of Justice, 2023.
[xix] The African convention for the protection and assistance of internally displaced person in Africa, Negarit gazzta, proclamation no, 11870 (2020).
