Analysis
African IDP convention fills a void in
humanitarian law
27 October, 2009 | IRIN
--------------------------------------------------------------------------------
KAMPALA, 27 October 2009 (IRIN) - The African Union Convention
for the Protection and Assistance of Internally Displaced Persons in
Africa is a comprehensive document that will, if ratified, fill a void in
international humanitarian law, say experts.
IDPs vastly outnumber refugees in Africa. In just 10 of the 18 countries
in east and central Africa, there are more than 10 million IDPs,
according to the UN Office for the Coordination of Humanitarian Affairs
(OCHA), with Sudan (four million), the Democratic Republic of Congo
(2.12 million) and Somalia (1.55 million) heading the list.
In the same region, there are refugees in 16 countries, totalling just less
than two million, according to OCHA.
This latest instrument, also known as the Kampala Convention because
it was signed in the Ugandan capital, "obliges governments to recognize
that IDPs have specific vulnerabilities and must be supported", said
Walter Kälin, Representative of the UN Secretary-General on the Human
Rights of Internally Displaced Persons.
"It covers all causes of displacement, is forceful in terms of
responsibility and goes beyond addressing the roles of states to those of
others like the AU and non-state actors."
Signed by 17 African states at the end of summit on 23 October, the
convention defines IDPs broadly, irrespective of who is displacing them.
According to the International Committee of the Red Cross (ICRC), the
convention provides a solid framework for enhancing the protection and
assistance of IDPs in Africa. The ICRC is the custodian of international
humanitarian law.
"The crucial challenge now is the same one facing international
humanitarian law in general – ensuring that once the convention is
signed and ratified by as many states as possible, it is actually
implemented and respected," ICRC president Jakob Kellenberger said.
"States must now take concrete steps to implement the convention into
their own national legislation and regulation systems, and develop plans
of action to address issues of displacement.
"The convention goes further than international humanitarian law treaties
in some aspects, for example, in the rules it contains on safe and
voluntary return, and on access to compensation or other forms of
reparation," Kellenberger added.
Next steps
To become a binding document, the convention has to be ratified by 15
of the AU's 53 member states.
"No international treaty is perfect, and the AU IDP Convention does
have a few weaknesses. Concerns over the lack of effective
enforcement mechanisms and insufficient guarantees for equality and
non-discrimination have been raised," the Brookings-Bern Project on
Internal Displacement noted in a statement.
"There is some question regarding the extent to which non-state actors
and armed groups called upon by the convention to protect IDPs can be
bound by its provisions. Nevertheless, the convention, which has
benefited from the input of international experts, is considered to be
generally consistent with international standards such as the Guiding
Principles on Internal Displacement."
AU officials in Kampala were cautiously upbeat, urging member states
to remain engaged. "It is the responsibility of member states that the
convention becomes a binding instrument," Jean Ping, AU Commission
President, said. "At this point, it is an achievement, but not an end in
itself."
Zambian president Rupiah Banda also chose his words carefully. "We
have given legal force to the task ahead and Zambia is ready to sign," he
said. "Those who are displaced should not be forgotten."
An observer who requested anonymity said progress would require
member states to demonstrate greater political will to implement the
convention and address concerns about sovereignty and enforcement.
"It is a question of a progressive [AU] Commission versus
[conservative] member states," he told IRIN in Kampala. "For example,
the inclusion of armed groups in the draft was interpreted by some
member states as lending legitimacy to such groups."
The convention emphasizes the sovereignty of member states but spells
out the obligations and responsibilities of armed groups. Among others,
it prohibits armed groups from carrying our arbitrary displacement,
recruiting children and impeding humanitarian assistance.
"Overall, though, the convention has a good chance of getting the
necessary signatures rather quickly," the observer added. "In April,
SADC’s [Southern African Development Community] 11 members
committed to speedy signature."
Political will
Civil society leaders, attending a parallel event, insisted political will and
demonstrated commitment were key to progress. The fact that only five
top officials came to Kampala, they said, called for an urgent strategy to
bring on board more states.
Present were Banda, Ugandan President and host, Yoweri Museveni,
Zimbabwe's Robert Mugabe, Somalia's Sheikh Sharif Sheikh Ahmed and
Mohamed Abdelaziz of the AU-recognized Saharawi, along with high-
level UN, INGO and AU delegations.
"It is one thing to have a good convention and another to implement it,"
Dismas Nkunda of the New York-based International Refugee Rights
Initiative told IRIN.
In 2007, the AU adopted the African Charter on democracy, elections
and governanc e, but it has so far been ratified by only two member
states.
The basic question of impunity also needed to be addressed. Until
African countries learn to respect the law, participants said, the
continent would "remain at rock bottom" in its attempts to address the
problems of the displaced.
AU officials seemed conscious of these sentiments. "We have come a
long way, but a plan of action is now envisaged," Jolly Joiner, AU
commissioner for political affairs, told IRIN. "Once member states are
on board, we will take this convention forward."
Antonio Guterres, head of the UN Refugee Agency (UNHCR) and
representative of the UN Secretary-General at the summit, said solving
the question of displacement in Africa required political solutions.
"There is no humanitarian solution to conflict," he explained. "The
solution is always political."
African IDP convention fills a void in
humanitarian law
27 October, 2009 | IRIN
--------------------------------------------------------------------------------
KAMPALA, 27 October 2009 (IRIN) - The African Union Convention
for the Protection and Assistance of Internally Displaced Persons in
Africa is a comprehensive document that will, if ratified, fill a void in
international humanitarian law, say experts.
- Whereas the rights of people
who flee across national
boundaries are protected
under the 1951 Convention
Relating to the Status of
Refugees and a similar
instrument introduced 18
years later by the
Organization of African Unity
(now the African Union),
there has been no
international legislation
catering specifically for
IDPs vastly outnumber refugees in Africa. In just 10 of the 18 countries
in east and central Africa, there are more than 10 million IDPs,
according to the UN Office for the Coordination of Humanitarian Affairs
(OCHA), with Sudan (four million), the Democratic Republic of Congo
(2.12 million) and Somalia (1.55 million) heading the list.
In the same region, there are refugees in 16 countries, totalling just less
than two million, according to OCHA.
This latest instrument, also known as the Kampala Convention because
it was signed in the Ugandan capital, "obliges governments to recognize
that IDPs have specific vulnerabilities and must be supported", said
Walter Kälin, Representative of the UN Secretary-General on the Human
Rights of Internally Displaced Persons.
"It covers all causes of displacement, is forceful in terms of
responsibility and goes beyond addressing the roles of states to those of
others like the AU and non-state actors."
Signed by 17 African states at the end of summit on 23 October, the
convention defines IDPs broadly, irrespective of who is displacing them.
According to the International Committee of the Red Cross (ICRC), the
convention provides a solid framework for enhancing the protection and
assistance of IDPs in Africa. The ICRC is the custodian of international
humanitarian law.
"The crucial challenge now is the same one facing international
humanitarian law in general – ensuring that once the convention is
signed and ratified by as many states as possible, it is actually
implemented and respected," ICRC president Jakob Kellenberger said.
"States must now take concrete steps to implement the convention into
their own national legislation and regulation systems, and develop plans
of action to address issues of displacement.
"The convention goes further than international humanitarian law treaties
in some aspects, for example, in the rules it contains on safe and
voluntary return, and on access to compensation or other forms of
reparation," Kellenberger added.
Next steps
To become a binding document, the convention has to be ratified by 15
of the AU's 53 member states.
"No international treaty is perfect, and the AU IDP Convention does
have a few weaknesses. Concerns over the lack of effective
enforcement mechanisms and insufficient guarantees for equality and
non-discrimination have been raised," the Brookings-Bern Project on
Internal Displacement noted in a statement.
"There is some question regarding the extent to which non-state actors
and armed groups called upon by the convention to protect IDPs can be
bound by its provisions. Nevertheless, the convention, which has
benefited from the input of international experts, is considered to be
generally consistent with international standards such as the Guiding
Principles on Internal Displacement."
AU officials in Kampala were cautiously upbeat, urging member states
to remain engaged. "It is the responsibility of member states that the
convention becomes a binding instrument," Jean Ping, AU Commission
President, said. "At this point, it is an achievement, but not an end in
itself."
Zambian president Rupiah Banda also chose his words carefully. "We
have given legal force to the task ahead and Zambia is ready to sign," he
said. "Those who are displaced should not be forgotten."
An observer who requested anonymity said progress would require
member states to demonstrate greater political will to implement the
convention and address concerns about sovereignty and enforcement.
"It is a question of a progressive [AU] Commission versus
[conservative] member states," he told IRIN in Kampala. "For example,
the inclusion of armed groups in the draft was interpreted by some
member states as lending legitimacy to such groups."
The convention emphasizes the sovereignty of member states but spells
out the obligations and responsibilities of armed groups. Among others,
it prohibits armed groups from carrying our arbitrary displacement,
recruiting children and impeding humanitarian assistance.
"Overall, though, the convention has a good chance of getting the
necessary signatures rather quickly," the observer added. "In April,
SADC’s [Southern African Development Community] 11 members
committed to speedy signature."
Political will
Civil society leaders, attending a parallel event, insisted political will and
demonstrated commitment were key to progress. The fact that only five
top officials came to Kampala, they said, called for an urgent strategy to
bring on board more states.
Present were Banda, Ugandan President and host, Yoweri Museveni,
Zimbabwe's Robert Mugabe, Somalia's Sheikh Sharif Sheikh Ahmed and
Mohamed Abdelaziz of the AU-recognized Saharawi, along with high-
level UN, INGO and AU delegations.
"It is one thing to have a good convention and another to implement it,"
Dismas Nkunda of the New York-based International Refugee Rights
Initiative told IRIN.
In 2007, the AU adopted the African Charter on democracy, elections
and governanc e, but it has so far been ratified by only two member
states.
The basic question of impunity also needed to be addressed. Until
African countries learn to respect the law, participants said, the
continent would "remain at rock bottom" in its attempts to address the
problems of the displaced.
AU officials seemed conscious of these sentiments. "We have come a
long way, but a plan of action is now envisaged," Jolly Joiner, AU
commissioner for political affairs, told IRIN. "Once member states are
on board, we will take this convention forward."
Antonio Guterres, head of the UN Refugee Agency (UNHCR) and
representative of the UN Secretary-General at the summit, said solving
the question of displacement in Africa required political solutions.
"There is no humanitarian solution to conflict," he explained. "The
solution is always political."
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| Photo: Manoocher Deghati/IRIN There are more than 10 million IDPs in East and Central Africa (file photo) |