The Emerging Law of Forced Displacement in Africa: Development and implementation of the Kampala Convention on internal displacement

Description

As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as ‘responsibility to protect’ and ‘sovereignty as responsibility’ have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered. Cover Half Title Title Page Copyright Page Dedication Table of Contents Acknowledgements List of abbreviations 1 Introduction 2 Developments and gaps in international law concerning internal displacement Introduction Recent developments in international law State responsibility Responsibility to protect The role of the Security Council International treaty on internal displacement? The Guiding Principles on Internal Displacement Conclusion 3 African regional norms, institutions and internal displacement Introduction The search for a regional approach on internal displacement Convergence between internal displacement and human rights Internal displacement and African regional treaties Regional institutional frameworks for the protection of IDPs Sub-regional legal developments: Great Lakes Protocols relating to internal displacement Conclusion 4 Preparatory work and legal source of the Kampala Convention Introduction The Annotated Outline of the legal framework Preparatory process and negotiation Rationale of the Kampala Convention Legal sources of the Convention Conclusion 5 Scope, innovation and limitations Introduction Sources of the Convention Scope and objectives Definitions and concepts Causes of internal displacement National framework for the protection and assistance of IDPs The human rights of internally displaced persons Protection of vulnerable groups The roles of non-state actors Accountability for crimes Remedies and compensation Conclusion 6 Implementation and its challenges Introduction Ratification Legal and institutional reform The role of regional monitoring mechanisms Implementation challenges faced by the African regional human rights system The role of international organisations Peace-keeping missions and the implementation of the Convention Conclusion 7 Conclusions Framework and evolution of the African regional system The international context and source of the Convention The background and drafting history of the Convention Objectives of the Convention Scope and elements of the Convention Significance of the Convention Implementation and its challenges Bibliography Index