A Critical Analysis of the Kampala Convention from a Children’s Rights Perspective

2020 ◽  
Author(s):  
Charissa E Fawole
Keyword(s):  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Internally Displaced ◽  
Rights Of The Child ◽  
Displaced Children ◽  
African Charter

Abstract A notable proportion of the persons living in situations of internal displacement in Africa are children. Despite the near-universal ratification of the Convention on the Rights of the Child and the wide ratification of the African Charter on the Rights and Welfare of the Child among States in Africa, it is not clear the extent to which the ratification of these treaties has influenced the region’s legal framework for the protection and assistance of internally displaced children. This contribution addresses this issue through its analysis of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa from a children’s rights perspective. While the Convention does incorporate some principles of a children’s rights perspective, the analysis reveals that there are some inadequacies regarding the Convention’s overall incorporation of a children’s rights perspective. Based on the analysis, this contribution provides recommendations to use a children’s rights perspective to implement the Convention.

scholarly journals The Protection of Internally Displaced Children in Africa: A Doctrinal Analysis of Article 23(4) of the African Children's Charter

2021 ◽  
pp. 1-15
Author(s):  
Romola Adeola ◽  
Benyam D Mezmur
Keyword(s):  
Human Rights ◽  
Internal Displacement ◽  
Refugee Children ◽  
Internally Displaced ◽  
Welfare Of The Child ◽  
Displaced Children ◽  
African Charter

Abstract 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.

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).

An African and International Perspective on Children’s Rights

2017 ◽  
Vol 25 (3-4) ◽  
pp. 672-697
Author(s):  
Philip E. Veerman
Keyword(s):  
Addis Ababa ◽  
Children's Rights ◽  
International Perspective ◽  
Children’S Rights ◽  
Added Value ◽  
African Union ◽  
Unique Combination ◽  
Rights Of The Child ◽  
Vice Chair ◽  
New Situation

On the occasion of continuation of The International Journal of Children’s Rights with two eminent new Editors-in-Chief, the founder of this Journal (Dr. Philip Veerman) interviewed a rising star of children’s rights: Dr. Benyam Dawit Mezmur (born in 1980 in Addis Ababa). Mezmur was elected at 30 years of age to the African Committee of Experts on the Rights and Welfare of the Child (acerwc Committee) of the African Union (au). Dr. Mezmur stands out not only by his great diplomatic skills, but also because he is a real builder. For instance, during his tenure as Chairperson of acerwc this Committee obtained greater visibility for its work and secured a separate budget from the African Union Commission. Dr. Mezmur’s vision and hard work contributed much to a new situation in which many colleagues in the children’s rights field recognise that the acerwc Committee is now doing significant and unique work of which the added value (next to the un Committee on the Rights of the Child, the crc Committee) has become clear. Dr. Mezmur was elected on 18 December 2012 (at 32 years of age) as a member of the crc Committee and in May 2013 he became the Vice-Chair of the crc Committee. From May 2015 until May 2017 he served with great dedication as Chairperson of the crc Committee. This unique combination of two different key posts led to interesting observations on developments in the children’s rights field. Through the interview we have a rare look behind the scenes of two important committees on children’s rights.

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.

The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)

2013 ◽  
Vol 52 (1) ◽  
pp. 397-410 ◽  
Author(s):  
Mike Asplet ◽  
Megan Bradley
Keyword(s):  
Human Rights ◽  
Best Practice ◽  
Sub Saharan Africa ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Sub Saharan

Known as the Kampala Convention, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa is the first regional treaty to comprehensively address the issue of internal displacement. Having entered into force with its fifteenth ratification on December 6, 2012, the Convention tackles a major humanitarian, human rights, and development issue for the African continent, as there are more than 9.7 million internally displaced persons (IDPs) in sub-Saharan Africa alone. The treaty builds on the 1998 Guiding Principles on Internal Displacement, integrating international human rights and humanitarian law norms as they relate to internal displacement, and incorporating principles from African regional standards such as the African Charter on Human and Peoples’ Rights, and the Great Lakes Protocol. While rooted in these standards, the Convention also reflects recent developments and the evolution of best practice regarding IDP protection. In so doing, the Convention advances the normative standard on internal displacement in a number of important areas, including in terms of the prohibition on arbitrary displacement; the responsibilities of international and regional organizations; internal displacement linked to the effects of climate change; and remedies for those affected by displacement.

scholarly journals Juvenile Justice

2020 ◽  
pp. 278-306
Author(s):  
Ton Liefaard
Keyword(s):  
Juvenile Justice ◽  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
Specific Approach ◽  
Implementation Challenges ◽  
Rights Of The Child ◽  
The Future ◽  
Rights Issue ◽  
Domestic Level

Juvenile justice is a children’s rights issue. This chapter sheds light on the international children’s rights framework for juvenile justice and elaborates on its implications for juvenile justice systems at the domestic level. It discusses the comprehensive nature of the international legal framework and addresses key implementation challenges in light of the complexity of and controversies inherently related to juvenile justice. In doing so, the chapter shows there are specific challenges that ought to be recognized in order to enhance the protection of children in conflict with the law and secure a fair and child-specific approach. At the same time, it points at the progress made since adoption of the UN Convention on the Rights of the Child (CRC), which justifies the conclusion that the future of children’s rights implementation in the context of juvenile justice is a hopeful one.

scholarly journals The Protection of Refugee Children in Africa: Post-Convention on The Rights of The Child

Fundamina ◽  
2021 ◽  
Vol 2021 (1) ◽  
pp. 33-66
Author(s):  
Leah A Ndimurwimo ◽  
Molya Vundamina
Keyword(s):  
Sexual Exploitation ◽  
Children's Rights ◽  
Armed Conflicts ◽  
Children’S Rights ◽  
Refugee Children ◽  
Rights Of The Child ◽  
Displaced Children ◽  
Health Related ◽  
Women And Children ◽  
Rights Issues

The plight of refugees is currently one of the concerning global human rights issues. The refugee population is largely comprised of women and children who become displaced during armed conflicts; this is because the majority of persons killed or who become victims of forced disappearance are men. Forcibly displaced children face direct physical threats, as well as a variety of health-related problems. Although forcibly displaced children generally include those who are not refugees, this contribution is only concerned with refugee children. Refugee children are vulnerable to different types of abuse and exploitation, and often become the target of discrimination, sexual exploitation and social marginalisation in the refugee transit camps and countries of exile. Although the Convention on the Rights of Child, 1989 was adopted to protect children’s rights worldwide, the true impact of these provisions remains uncertain. This contribution examines the extent to which the adherence to the Convention on the Rights of the Child is promoted in Africa. This study compares the situation in South Africa, Tanzania and Zambia to pinpoint the legal and practical challenges that face refugee children in those countries. The contribution concludes with recommended solutions for effectively protecting and promoting refugee children’s rights in Africa.

scholarly journals International legal framework for the protection of internally displaced persons

2019 ◽  
Vol 31 (1) ◽  
pp. 203-208
Author(s):  
A. Sheludchenkova ◽  
O. Spector ◽  
A. Derkach
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Internally Displaced People ◽  
Or Groups ◽  
Displaced People

The author defines the notion of the internally displaced people, analyses the reasons of their appearance and compares the internally displaced people and refugees’ legal status. Internally Displaced Persons were defined in 1992 by the Commission on Human rights as “Persons or groups who have been forced to flee their homes suddenly or unexpectedly in large numbers, as a result of armed conflict, internal strife, systematic violations of human rights or natural or man-made disaster, and who are within the territory of their own country”. There is no universal legally binding instrument for protecting and assisting internally displaced persons. The Guiding Principles on Internal Displacement were recognized by the UN General Assembly are not of a binding character.

The United Nations Convention on the Rights of the Child: The Good, the Bad, and the Useless

2019 ◽  
Vol 3 ◽  
pp. 42-57
Author(s):  
Midori Matthew
Keyword(s):  
United Nations ◽  
International Law ◽  
Emotional Abuse ◽  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
International Treaties ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention on the Rights of Children (UNCRC), put forth in 1989, has generated a global movement in the direction of protecting and promoting children’s rights, resulting in a paradigm change in how children are perceived under the law. While the UNCRC is the most widely ratified international human rights treaty in human history, children’s fundamental right to protection continues to be violated through actions instigated by adults, such as neglect, physical, sexual, or emotional abuse, or being coerced into marriage, wartime activities, or slavery. This is largely a result of international law having no empirical legal binding; since countries are sovereign upon themselves, without domestic enforcement by each individual signatory country, there is no obligation to abide by the terms of international treaties. Applying both a philosophical and legal framework, this paper seeks to provide a critical analysis of whether or not treaties of international law, such as the Convention on the Rights of Children (UNCRC), have an unyielded potential to spark a tangible, beneficial change in the promotion of children’s rights, or if such doctrines are nothing more than glorified pieces of lip service paid to bolster the signatory country’s face value on a global level.

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