Internal displacement in South Africa: Reflections on law, contemporary and memory of forced removals

Abstract

The South African government as a sovereign state has responsibility to protect its people. This responsibility covers protection against arbitrary displacement. It also translates into a duty to ensure that the displaced populations are provided for during displacement and well settled after displacement, and if possible compensated for their inconveniences and losses. South Africa by virtue of being a member for the African Union, is bound by the African Union convention for the protection and assistance of internally displaced persons. It is also bound by the United Nations Guiding principles on internal displacement that currently form part of customary international law. These principles are additionally recognised as an important international framework for the protection of internally displaced persons by the African Union IDP convention in its preamble.