Twenty years after the introduction of the UN Guiding Principles for the Protection of Internally Displaced Persons, very little is known about their effectiveness in altering state behavior towards their displaced populations.
In this book Gabriel Cardona-Fox takes a systematic and global first look at patterns of commitment and compliance with the IDP regime. Through the innovative use of statistical analysis on all documented cases of displacement and an in-depth case study of Colombiaâs evolving response towards internal displacement, this book identifies the domestic and international forces that drive some states to institute and comply with these guidelines.
Exile Within Borders fills an important gap in the literature and moves the debate over the regimeâs effectiveness beyond anecdotal evidence.
Gabriel Cardona-Fox, Ph.D., University of Texas, is a post-doctoral fellow at the Bologna Institute for Policy Research. He has an MA from Johns Hopkins SAIS and a BA from Princeton. He previously worked at the Internal Displacement Monitoring Centre (IDMC) in Geneva.
Acknowledgements List of Figures and Tables
1 Introduction
â1âHistory of the International idp Regime
â2âHypotheses and Main Argument
ââ2.1âRationalist-Instrumentalism
ââ2.2âConstructivism
ââ2.3âDomestic Factors
â3âMethods
ââ3.1âLarge-N Statistical Analysis of Global Patterns of Compliance with the Guiding Principles
ââ3.2âExtensive Primary Data Collection
ââ3.3âCase Selection Justification
2 Large-n Study of Commitment with the Guiding Principles
â1âIntroduction
â2âCommitment vs. Implementation
â3âDataset
ââ3.1âThe Universe of Cases
ââ3.2âDependent Variable
ââ3.3âKey Determining Factors
ââ3.4âFactors Relating to Normative International Pressure
ââ3.5âFactors Relating to International Instrumental Pressure
ââ3.6âVariables Relating to Cultural Match
ââ3.7âPossible Intervening Domestic Structural Factors
â4âWhy Commitment Matters: The Effect of Commitment on the Magnitude of Displacement
â5âEvolution of Commitment with the Guiding Principles
ââ5.1âGrowth in Commitment
â6âImpact of unhcr involvement in idp Crises
â7âEvent History Analysis
ââ7.1âModel Specification
ââ7.2âMissing Data/Multiple Imputation
ââ7.3âResults
â8âDiscussion
3 The Road to Rhetorical Commitment: Law 387
â1âIntroduction
â2âCauses of Displacement
â3âOverview of idp Crisis
â4âThe Road to 387
â5âSocial Mobilization
â6âEvolving Regional Support for idps
â7âThe Catholic Church
â8âColombian Government Response
â9âInternational Pressure
â10âSamper Administration
â11âFailed Implementation
4 From Rhetoric to Action: Constitutional Court Sentence T-025
â1âBackground to T-025
â2âDeterioration of Humanitarian Situation in Colombia
â3âSocial Mobilization
â4âDecision T-025 of 2004
â5âIncorporation of the UN Guiding Principles into T-025
â6âThe Internationalization of the Colombian Crisis
ââ6.1âInternational Pressure: Issue Linkage through Plan Colombia
ââ6.2âInternational Pressure: Regional Influences
â7âCommitment vs. Compliance under Uribe
â8âConclusion
5 Victims and Land Restitution Law of 2011 (Law 1448)
â1âLaw 1448
â2âLaw 1448 Marks a Shift in Frame
â3âGenesis of the Law
â4âInternational Pressure
â5âResistance from the Uribe Administration
â6âThe Santos Administration
â7âPossible Explanations for 1448
ââ7.1âPresidential Leadership
ââ7.2âLaw 1448: Key to Securing a Lasting Peace
ââ7.3âLaw 1448: Means for Addressing Colombiaâs International Isolation
ââ8âLaw 1448: A Step Backwards?
ââ9âLaw 1448: A Major Step Forward
ââ10âLaw 1448: Final Assessment
ââ11âThe Colombian Case Study
6 Conclusion
â1 The Centrality of Regional Effects
ââ1.1âRegional Cultural Match
ââ1.2âRegional Concentration of Transnational Activism
ââ1.3âRegional Inter-Governmental Institutions
ââ1.4âNeighboring Hegemon
â2âCommitment to Implementation and Compliance
â3âunhcr
â4âDomestic Institutions
â5âConclusion
Appendix: Guiding Principles on Internal Displacement Bibliography Index
Of interest to academics, policy practitioners and activists involved in the promotion of the IDP regime and other humanitarian and legal efforts that rely on a âsoft lawâ approach.