scholarly journals Introduction: Refugees, Returnees and Internally Displaced Persons in Africa

2021 ◽  
Vol 65 (S1) ◽  
pp. 5-8
Author(s):  
Romola Adeola ◽  
Lutz Oette ◽  
Olivia Lwabukuna ◽  
Frans Viljoen
Keyword(s):  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
African Unity ◽  
Refugee Convention ◽  
Internally Displaced ◽  
Heads Of State

On 10 September 2019, the Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Refugee Convention) turned 50, while on 23 October 2019 the African Union (AU) Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) turned 10. It is against this backdrop that the designation by the AU Assembly of Heads of State and Government of 2019 as the Year of Refugees, Returnees and Internally Displaced Persons (IDPs) in Africa, is significant.

scholarly journals The Normative Influence of the UN Guiding Principles on the Kampala Convention in the Protection of Internally Displaced Persons in Africa

2021 ◽  
pp. 1-14
Author(s):  
Francis M Deng ◽  
Romola Adeola
Keyword(s):  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Political Commitment ◽  
Internally Displaced ◽  
General Terms ◽  
African Context ◽  
Guiding Principles ◽  
Made In

Abstract 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.

Bridging the Accountability Gap in the Protection of Internally Displaced Persons: Non-State Actors Under the Kampala Convention

2021 ◽  
pp. 1-23
Author(s):  
Romola Adeola
Keyword(s):  
The State ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Regional Landscape ◽  
State Actors ◽  
Accountability Gap ◽  
The Impact

Abstract 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).

scholarly journals Climate Change, Development Projects and Internal Displacement In Africa

2018 ◽  
Vol 62 (3) ◽  
pp. 335-350
Author(s):  
Romola Adeola ◽  
Frans Viljoen
Keyword(s):  
Climate Change ◽  
Internal Displacement ◽  
Development Projects ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Heads Of State

AbstractGiven 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.

The Right Not to Be Arbitrarily Displaced in Africa

2017 ◽  
Vol 25 (4) ◽  
pp. 459-481 ◽  
Author(s):  
Romola Adeola ◽  
Frans Viljoen
Keyword(s):  
African State ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Main Root ◽  
International Treaty ◽  
Internally Displaced ◽  
The Right

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.

Reflections on humanitarian law dimensions of the African Union Convention for the protection and assistance of internally displaced persons in Africa

2020 ◽  
Vol 2020 ◽  
pp. 78-120
Author(s):  
Steve Tiwa Fomekong
Keyword(s):  
Law Reform ◽  
International Humanitarian Law ◽  
Internally Displaced Persons ◽  
African Union ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Depth Analysis ◽  
The Subject ◽  
Significant Attention

While significant attention has thus far been paid to the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), the rules of humanitarian law that it sets out have not yet been the subject of a specific in-depth analysis. This contribution aims to fill this gap in the literature. It specifically examines the humanitarian law rules contained in the Kampala Convention to determine their meaning and scope, as well as their contribution to strengthening international humanitarian law (IHL). It begins by analysing the articulation of these regional humanitarian rules with the universal rules of IHL that preceded them to determine whether there is any divergence between them. Next, the paper attempts to determine the extent to which the humanitarian law provisions of the Kampala Convention enrich the legal protections provided by IHL for the improvement of the plight of internally displaced persons from armed conflict. Finally, with an approach centred around making suggestions for law reform, the paper demonstrates why and how these rules should inspire the future development of conventional and customary norms that would assist with the challenges of conflict-induced displacement.

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