Displaced persons and international human rights with references to Rwanda and Cambodia

Abstract

The thesis addresses one central question: how can we eradicate the miseries of displaced persons?

The first part of the thesis examines the existence and definitions of displaced persons. Much of the literature indicates that the issue of human rights is of fundamental importance when considering displaced persons. In order to understand the complex problems of displaced persons in the contemporary international arena the second part of the thesis explores the tension between human rights norms and the claims of state sovereignty. It analyses the concepts of basic human rights and the legal sovereignty of states. But the concepts themselves are not unchanging. This section is therefore followed by an examination of the evolution of human rights in the context of state sovereignty since the early 20^th century. It reveals that non-governmental organisations (NGOs) have played an important role in influencing the evolution of human rights, in particular, since 1945. There are, however, problems in creating a society founded on human rights within a state by NGOs and the international regime. Responsibility and accountability become obscure due to a large number of participants involved.

The third part of the thesis presents an account of field studies and conducted in Rwandan and Cambodian in the belief that a global analysis must be rooted in concrete experience. The two cases highlight two main points. First, human rights can be violated not only by oppressive states but also a breakdown of states. Second, the institutions of good governance are as important as humanitarian aid/outside intervention because the United Nations (UN) and NGOs often lose sight of the people whom they are supposed to be helping in the first place.

Although the development of international human rights law and the rise of NGOs have played a significant role by going beyond the barriers of states, they are not sufficient to bring about tangible change. If we cannot place our confidence in international law nor NGOs, where can we turn to? The thesis addresses a need to increase awareness of human rights among ordinary citizens. But to do so requires a shared value, a fundamental value which is prior to all other values. Human rights rest upon the foundation of peace. The right to life in the name of the right to live in peace is, therefore, the most basic human right. This basic right is based on dignity of life. It is inherent to all people, and nothing can substitute for it. The thesis concludes by stating that dignity of life must be a shared value in order to eradicate the sufferings of displaced persons.

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