The Right to Return Vis-À-Vis the Right of IDPs to Get Compensation for Properties Lost or Damaged during Displacement in Ethiopia; Law and Practice
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Date
2022-11
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Addis Ababa University
Abstract
This paper has critically analyzed the importance of ensuring the right to compensation for
IDPs, especially those returning to their home. For that, it has analyzed the existing legal
frameworks on the rights from the national and international perspective. It has also gathered
the major challenges IDPs face upon returning and claiming property rights specifically of
compensation claims. It has unveiled that the national framework on IDPs right to property has
caused major challenges in empowering victims to claim their rights and lack of legal and
institutional framework for IDPs has caused a responsibility vacuum from the government side.
Thus, to fill those gaps, the paper has recommended the adoption of new law that covers the
needs and vulnerabilities of IDPs in Ethiopia. Specifically amending existing laws hindering the
effective remedies for IDPs is vital. Further, severing of reservation made on the Kampala
Convention on the right to compensation, through activism from various actors is needed for
effective redress for the right to compensation of IDPs with emphasis on the state compensation
scheme to be given priority for consideration.