This paper explores asylum and internal displacement as ways of migration or human mobility. It focus particularly on the consequences resulting from each of the legal frameworks governing each expression of mobility in order to narrow down the scope in which they apply, as well as the gaps in protection resulting in each case. This work is additionally structured around the preexisting literature that has studied the relation between internal displacement and asylum. This paper thus explores how the Colombian State responds to the internal and external migrant population; and from that point on, it analyzes how compartmentalizing law explains the different degrees of protection, according to the type of mobility or migration. It is thus that the law defines categories, sets boundaries, legitimizes certain actors and disregards others, creating protection regimes and gaps in protection.
Carolina Moreno V. is Associate Professor of the School of Law, Los Andes University (Bogotá, Colombia), Director of the Center for Migration Studies (CEM) and co-founder of the Legal Clinic for Migrants, Universidad de los Andes, and a Member of the Latin American Network on Internal Displacement (LANID).
LANID Special Issue: “Critical Approaches to Internal Displacement”
The Latin America Network on Internal Displacement (LANID) brings together academics, activists, artists, and practitioners with the aim of reflecting critically on internal displacement. This LANID Special Issue aims to extend knowledge and promote debate on this phenomenon. Although each Paper has been written from a different perspective, they all share the key feature that they delve into the multidimensional nature, diverse causes and complex dynamics of this kind of forced migration, as well as into the search for new ways to achieve durable solutions that allow those affected by internal displacement to overcome their vulnerability.
This paper was written by the author in the framework of the “Interdisciplinary Network on Internal Displacement, Conflict and Protection” project (AH/T005351/1), supported by the Arts and Humanities Research Council, on behalf of the UKRI Global Challenge Research Fund.
