Search

AbstractThis article discusses the role of ethnic identity in triggering ethnic-based conflicts and the subsequent mass displacement of people from their habitual areas of residence to areas where people with similar ethnic identities are found. It also explores how ethnic identity shapes internally displaced persons’ (IDP) decisions regarding the choice of post-displacement resettlement situations–that is, return, local integration, or resettlement. The study relied on qualitative data collected using interview, observation, and case study methods from IDPs relocated to temporary camps in southern Ethiopia. Accordingly, the results of the study highlighted that all of the interviewees in this study expressed their intention not to return; instead, they preferred to be locally integrated into the host communities they perceive to possess similar ethnic identities. The findings of the study imply that the Ethiopian government should work closely with local authorities in the areas of host communities and other partners to create favorable conditions for IDPs’ sustainable local integration, including creating and expanding employment opportunities and providing land and other essential productive resources, as stipulated in the Kampala Convention.

The Kampala Convention is a global first, yet, over a decade since it came into force, Africa hosts more than half of the world's internally displaced persons (IDPs). This article explores how the Kampala Convention could mitigate internal displacement by asking which of the enforcement mechanisms in the convention would work best to protect and advance durable solutions for IDPs in Africa. The convention adopts a state obligation model and contains judicial and non-judicial enforcement mechanisms. Evaluation of these mechanisms reveals some flaws, including the unclear mandate of the Conference of States, an inoperative African Court and private actors lacking locus standi. The article argues that some amendments to the convention are necessary to foster enforcement. Literature on internal displacement in Africa from an enforcement perspective is limited, so this article makes a significant contribution. [ABSTRACT FROM AUTHOR]

Copyright of Revista Catalana de Dret Ambiental is the property of Universitat Rovira I Virgili and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Contemporary forms of internal displacement in Africa significantly reflect the emerging footprints of non-state actors on the regional landscape of internal displacement. In recognition of the impact of these actors in the internal displacement context, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) specifically obligate states to regulate them in the prevention of arbitrary displacement. This is the central thrust of this article. This article examines the Kampala Convention from the perspective of non-state actors, considering the obligation of the state and the extent to which these actors may be held accountable, in the furtherance of protection and assistance of internally displaced persons (IDP s). [ABSTRACT FROM AUTHOR]

In the Sahel, host communities are among those most affected by recurrent internal displacement, but they are often ignored in responses to displacement. Furthermore, their situation has attracted little attention from researchers or other observers. The present article will argue that it is essential to provide these communities with adequate protection, especially as they play a leading role in providing humanitarian protection and assistance to internally displaced persons (IDPs). The article begins by examining the legal instruments that protect populations affected by forced displacement, in order to identify and present the legal protection they offer to IDP host communities. The article will then analyze and highlight the advantages of fully applying this protection. It will show that the recurrent violence and breaches of the law that these communities suffer are impeding the full realization of those advantages. Finally, the article shall propose solutions that would overcome the deficiencies noted and hence ensure enhanced protection for IDP host communities in Burkina Faso, Mali and Niger. [ABSTRACT FROM AUTHOR]

While the rules of international humanitarian law (IHL) on humanitarian access are clear, implementing them at the national level can become challenging. To ensure full respect for those rules, States must strike a balance between preserving the security of the civilian population and humanitarian organizations and ensuring that people have access to goods and services that enable the full enjoyment of their rights. This article seeks to show how the IHL rules governing humanitarian access apply in the context of the Sahel region of Africa. First, it describes the multiplicity of armed actors that are present in the Sahel and the humanitarian situation in this region. Next, it addresses the legal framework applicable to humanitarian access under IHL applicable in non-international armed conflicts. The article then examines the measures that have been taken by the States of the Sahel to protect the civilian population and humanitarian organizations, such as the resort to declaration of states of emergency and to armed escorts. It is shown that these measures can hinder the delivery of impartial humanitarian assistance. Finally, the article describes some creative solutions that have been put forward by Sahelian States to facilitate humanitarian access. Examples of these include the creation of coordination mechanisms to foster dialogue on humanitarian access where all concerned actors are invited to participate; the adoption of domestic legal frameworks related to humanitarian access through which this access is proclaimed and its violation sanctioned; and the recognition of humanitarian exemptions in counterterrorism laws. [ABSTRACT FROM AUTHOR]

Although the international legal framework recognises and addresses the migration phenomenon by setting and strengthening standards and guarantees in favour of the population which is part of this phenomenon, displaced persons are a special category both from the perspective of their complex legal status and from the perspective of international and regional regulations. Addressing the migration phenomenon through specific strategies and plans does not imply, de plano, the analysis of the situation of displaced persons, which may have multiple interpretations. Characterising displaced persons as population subjected to forced migration is a perspective proposed by the International Organisation for Migration, and its usefulness is proved by the systematisation of international initiatives in the field. The international community, although aware of issues deriving from the status of displaced persons, superfluously addresses the subject – through rhetorical programmatic documents or by stating guiding principles belonging to soft law. The underrepresentation of displaced persons in international regulations leads to the minimisation of the importance of issues of the rights of displaced persons in the international official discourse. Thus, systemic, and structural shortcomings are created and maintained regarding the situation of displaced persons and improvement requires action taken at the level of local and regional communities. Recognising the negative consequences of the lack of a coherent approach to the issue of displaced persons, the African community has developed and implemented mandatory regional standards in the field, the Kampala Convention being representative in this regard. In this paper, we highlight elements specific to the protection of displaced persons, by presenting shortcomings as well as positive actions taken at regional and international level.

Arguably the least discussed root cause of internal displacement, harmful practices are a prevalent concern in many African societies. The explicit mention of harmful practices is one of the many innovations of the Kampala Convention and reinforce its forward-looking, context-specific focus on Africa. This article argues that the convention has an absolute prohibition of harmful practices. This is an important starting point from which to discuss the content of states' obligation to set measures for preventing harmful practices. However, in the event that displacement occurs due to these practices, it is important that protection, humanitarian assistance and durable solutions are provided. This article argues that states must set measures for ensuring that non-state actors are held accountable in the event that they orchestrate harmful practices. In fostering compliance, this article argues that there is an important role for institutions beyond the state, particularly those emphasized under article 14 of the convention. [ABSTRACT FROM AUTHOR]

This article considers the protection of, and assistance for, internally displaced children (IDCs) in Africa. Internal displacement has become one of Africa's most pressing human rights challenges. Over the last decade, millions of persons have been internally displaced on the continent by conflict, disaster and other causes. Children are one of the most affected categories of persons, given the implications of displacement for them. Article 23(4) of the African Charter on the Rights and Welfare of the Child incorporates specific protection for IDCs. This article examines the protection of IDCs in the context of this regional framework. It argues that, while article 23(4) requires that both refugee children and IDCs should be accorded the same protection from a rights-based perspective, it also requires that the protection of IDCs should be construed with reference to the Kampala Convention, which is the most recent applicable regional regime governing internal displacement. [ABSTRACT FROM AUTHOR]

Over the last several decades, states have demonstrated significant political commitment towards advancing protection and assistance for internally displaced persons. A notable form in which this commitment has been reflected is in the emergence of normative standards, with the UN Guiding Principles on Internal Displacement (UNGP) as the guiding text. The fact that the UNGP framework has found expression in the landscape on internal displacement is evidenced at various levels of governance. Within the African context, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) draws on pertinent normative frameworks, with the UNGP as the leading framework. While this point is often made in general terms, this article focuses on the extent to which the norm on internal displacement has diffused and expanded within the African context. [ABSTRACT FROM AUTHOR]

Over the last decade, the issue of xenophobia has emerged as a pertinent concern in many parts of the African continent. While significant scholarly literature on the issue of xenophobia has notably considered the subject from various dimensions including human rights, an evident gap relates to situations of internal displacement. The aim of this article is to examine the issue of xenophobia from the perspective of internal displacement in Africa, with an examination of the experiences of South Africa and Kenya as examples. Discussion considers provisions for protection of persons internally displaced by xenophobia within the context of the Kampala Convention of the African Union (the Convention for the Protection and Assistance of Internally Displaced Persons in Africa). The research points to the need for a more definitive statement by the African Union prohibiting xenophobia and resultant internal displacement. [ABSTRACT FROM AUTHOR]

Given the need for legislation to protect internally displaced persons, African Heads of State and Government adopted the Convention on the Protection and Assistance of Internally Displaced Persons in Africa in Kampala in October 2009. The convention, which entered into force on 6 December 2012, is an important binding instrument on internal displacement. Article 10 of the convention requires states to prevent displacement caused by development projects, including climate-based development projects. This article examines the content of this obligation within the context of climate-based development projects. [ABSTRACT FROM AUTHOR]

The African Union Internally Displaced Persons (IDP) Convention is the first international treaty that recognises the right not to be arbitrary displaced in a legally binding instrument. This right gives rise to the corresponding duty on African state parties to protect their population against arbitrary displacement. In relation to the main root causes of internal displacement in Africa recognised under this binding instrument, this paper analyses the content of the right not to be arbitrary displaced and what states should do in order to prevent arbitrary displacement in line with their obligation under the IDP Convention. [ABSTRACT FROM AUTHOR]

This article examines the value of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) in the general quest for the regional and global protection of internally displaced persons (IDPs). It contends that the absence of a globally binding legal instrument for the protection of IDPs underlines the importance of the Kampala Convention and the possible contribution it can make to global and regional efforts to create a binding legal framework for the protection of IDPs. While recognizing some challenges that may impact the full implementation of the Convention, the article concludes by noting its various positive elements that are invaluable in overall efforts to create a comprehensive global legal framework to enhance protection of IDPs. [ABSTRACT FROM AUTHOR]

Development-induced displacement has become one of the pressing human rights concern in Africa with thousands displaced by development projects across the continent each year. The political viewpoint that development projects are panaceas for economic development has often made their socio-economic implications for displaced persons' pale in comparison. In a bid to address this form of displacement, the African Union Convention for the Protection and Assistance of Internally Displaced Persons mandate states to prevent development-induced displacement. Seeking to mitigate the tension between the essence of the development project and respect for the rights of displaced persons, article 10 of the Convention mandate states to prevent development-induced displacement. This paper discusses the content of the obligation in fostering legal protection for development-induced displaced persons in Africa. [ABSTRACT FROM AUTHOR]

Forcible displacement can constitute a mass atrocity crime. This is something that is considered within the non-binding Guiding Principles on Internal Displacement. Efforts to implement the Guiding Principles at the regional level suggest one path to implement stronger legal protections for internally displaced persons (IDPS), in particular, against mass atrocity crimes. These regional processes, however, can vary in remarkable ways. In the African Union, the Kampala Convention has brought the Guiding Principles and protections against mass atrocity crimes directed at IDPS into regional hard law; it also includes robust implementation and enforcement mechanisms. At this stage, however, these mechanisms remain anticipatory rather than effective; consequently international assistance will be vital to entrench the rights anchored in the Convention. By contrast, ASEAN has introduced no overt protections for IDPS. However, its developing legal human rights framework through the ASEAN Declaration of Human Rights, coupled with the Association's response to the Rohingya idp crisis in Myanmar, suggests that a policy-focused change, while incremental, may be happening. [ABSTRACT FROM AUTHOR]

The new African Union Convention for the Protection andAssistance of Internally Displaced Persons in Africa (KampalaConvention) outlines the obligations of a wide range of actors in allphases of displacement.

Africa has often been treated as a mere recipient of legal systems, particularly by the former colonial powers. However, an examination of the African practice of international law reveals that, in the specific area of refugee protection, Africa has been championing a legal framework capable of successfully addressing the African region's 'peculiar' refugee problem. The rise and evolution of the refugee protection system in Africa, within the African Union (which in 2001 replaced the Organisation of African Unity), dates from a time when the process of decolonisation, and the increasing number of refugees and displaced persons in Africa, laid bare the inadequacy of the international regime of refugee protection for dealing with the problem. Accordingly, the African states established a complementary system of refugee protection that has, over the years, contributed to the development of new legal instruments, an analysis of which will answer the question of whether the innovative African system of refugee protection is likely to have an influence on the development of international law in this area. [ABSTRACT FROM AUTHOR]

The problem of internally displaced persons (IDPs) is prevalent in Africa due to conflicts, development projects, man-made as well as natural disasters that are commonplace on the continent. The Kampala Convention, which is an innovative tool, seeks to provide African States with a roadmap towards long-term solutions to prevent and eradicate the causes of displacement. As such, African States, humanitarian agencies, the African Union and other stakeholders should go beyond durable solutions, which are reac-tive, and pay more attention to proactive strategies to eradicate the factors that lead to displacement. To do this, there is need to adopt a holistic approach to address the question of IDPs on the continent through a three-tiered strategy that includes; firstly, short-term strategy to protect the IDPs by provid-ing safety and security, freedom of movement as well as basic livelihood to the IDPs; secondly, medium-term strategy to restore IDPs' dignity and ensure adequate living conditions through return, resettlement, (re)integration, reparation, restitution and rehabilitation; and thirdly, long-term strategy to eradicate root causes of displacement and fostering an environment conducive to respect of human rights, rule of law and good governance. [ABSTRACT FROM AUTHOR]

Based on the assumption that development induced displacement brings new challenges that the exist-ing protection frameworks may not be aptly suited to deal with, this article analyses how the existing laws have met this challenge and the prospects for further improvement While its focus is on Kenya, it evaluates the normative quality of protection and standards offered by regional instruments against the existing, as well emerging, parameters for implementation at the domestic level. In this regard, the article examines the propriety of Kenya's newly promulgated law on internal displacement in providing for protection for the development induced IDPs, the implementation programme that it establishes and its prospects for furthering the vision of the UN Guiding Principles on Internally Displaced and other regional instruments. [ABSTRACT FROM AUTHOR]

The Kampala Convention imposes a number of obligations on armed groups in order to better protect IDPs; the challenge now is to encourage such groups to recognise these obligations....

The Kampala Convention breaks new ground in elevating the right to be protected from arbitrary displacement to a binding legal norm.