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

Author(s):  
Romola Adeola

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).

2021 ◽  
pp. 1-14
Author(s):  
Francis M Deng ◽  
Romola Adeola

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.


Management ◽  
2019 ◽  
Vol 28 (2) ◽  
pp. 33-45
Author(s):  
Valeriia G. Shcherbak

Introduction. Significant geopolitical transformations, the annexation of the Crimea, and the conflict in the Donbass affect the functioning of the Ukrainian economy. These processes provoked a profound and only political but also socio-economic crisis, intensification of labor migration, massive forced displacement of the population: the emergence of the category of forced migrants – internally displaced persons (IDP). IDPs are citizens of a country that does not cross borders and migrate within their own country for compelled reasons (similar to the case with refugees). In Ukraine, they are called forced migrants.The hypothesis of scientific research is to find out how the emergence of regional migration asymmetry, in particular the emergence of a significant number of IDP, affects the asymmetry of migration processes in Ukraine, the economy and welfare of the population, and the level of socio-economic development of the country.The aim is to diagnose the existing processes of domestic forced migration processes in Ukraine, including the asymmetry of migratory flows, the impact of the movement of internally displaced persons on the level of development of regional economies.The research methodology is fundamental and applied research in the field of forced internal migration, the demographic situation and the state of the labor market, UN materials, the ILO, UNESCO, the bodies of the state statistics service, materials from other official sources and Internet resources. During the study, methods of systematization, theoretical generalization, scientific classification, comparative analysis, statistical methods were used.Results: the main factors determining the conditions and nature of forced internal migration in Ukraine in 2014–2017 were determined. The main directions of forced internal migration since the beginning of hostilities in the Donbass were determined. The emergence of regional asymmetry of migration processes at the level of aggregate migratory flows is investigated.Conclusions: it is proved that all regions of Ukraine have a significant right-side asymmetry of balance in the direction of arrivals in the region, which manifests itself in the concentration of refugees in the presence of a relatively small number of most mass flows. HPE is perceived in their places of residence as an additional resource for the development of a regional economy: the emergence of new opportunities for increasing social activity by refugees; the opening of new businesses; a strong motivation to succeed; intensification of production and provision of services; filling jobs that were not in demand by the local population.


2017 ◽  
Vol 25 (4) ◽  
pp. 459-481 ◽  
Author(s):  
Romola Adeola ◽  
Frans Viljoen

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.


2013 ◽  
Vol 52 (1) ◽  
pp. 397-410 ◽  
Author(s):  
Mike Asplet ◽  
Megan Bradley

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.


KPGT_dlutz_1 ◽  
2019 ◽  
Vol 33 (3) ◽  
pp. 245-274
Author(s):  
Eveline Vieira Brigido ◽  
Fabiola Wust Zibetti ◽  
Liton Lanes Pilau Sobrinho

This article aims to analyze the potential impact of forced internal displacement on international refugee migration, considering the relation between internal and international migration: Are today’s IDPs tomorrow’s refugees? It is likely that many refugees were forcibly displaced in their own countries before applying for asylum. Therefore, to develop this investigation, this article is divided into three sections. In the first section, it presents a general approach about internally displaced persons (IDPs) and refugees, including definitions and the bases of its protection under international law. Afterwards, it analyzes data on international migration and on internal displacement. At the end, these data are compared and possible link between internal and international forced migration is analyzed.


2021 ◽  
Vol 1 (1) ◽  
pp. 17-36
Author(s):  
Agbo Friday Ojonugwa

Internally displaced persons (IDPs) are usually forced to flee or leave their homes, particularly in situations of armed conflict. They are displaced within their national territories and are generally subject to heightened suffering and vulnerability in many cases. It is also essential to state that the issue of internal displacement has become prominent because of the realisation that peace and reconstruction in conflict-ridden societies depend on the effective settlement and reintegration of displaced persons. Nigeria is a country that has a history of conflicts and displaced people. There has been a challenge in finding lasting peace through the employment of conflict resolution techniques and also the challenge of catering for the welfare of internally displaced persons in the country. However, peace and development without taking into account the settlement, return, and reintegration of IDPs. These desirous objectives are proving quite difficult in Nigeria as many challenges confront the government, policymakers, and humanitarian NGOs in providing the IDPs with their rights and needs. Some of the challenges can easily be overcome while some are more tasking requiring concerted efforts and massive resources to overcome. The aim of this article is to highlights the significant challenges confronting IDPs and provides some solutions to these challenges. In adopting the doctrinal method in discussions, the article finds that enormous challenges abound that confront IDPs in Nigeria, and it finds that there is the need for the government to find urgent solutions to the challenges of IDPs for the wellbeing of IDPs  


2017 ◽  
Vol 7 (2) ◽  
Author(s):  
Ifeanyichukwu M. Abada ◽  
Nneka Ifeoma Okafor ◽  
Nkemjika C. Duru

The decision among human beings to change their places of residence has remained an age-long strategy of survival practiced for a very long time. However, the migratory activities associated with internal population displacement are often propelled by forced migration occasioned by natural or anthropogenic forces or a combination of both. The upsurge of internal population displacement in the Nigerian state is incontrovertible given the maniacal campaign of the Boko Haram insurgency in the North-east region. The dilemma of internally displaced persons and the imperative management have proven a formidable challenge to the Nigerian state. The aim of this paper therefore is to ethically investigate whether the ineffective control of the Boko Haram insurgency by the state is implicated in the rising incidence of internally displaced persons and evident vulnerabilities. The study adopted qualitative research which relied heavily on the documentary method of data collection and, guided by the ‘Marxist theory of the post-colonial state’ as a theoretical underpinning. The findings of this paper showed that the ineffective control of Boko Haram insurgency by the state was implicated in the rising incidence of internal population displacement in the North-east. The paper critically observed that the state and its agencies like the National Emergency Management Agency (NEMA), State Emergency Management Agencies (SEMAs), National Commission for Refugees, Migration and Internally Displaced Persons (NCFRMI), Presidential Initiative for the North East (PINE), Presidential Committee on the North-East Initiative (PCNI), among others have become the main instruments for the advancement of the interests of the dominant class. The study however recommends amongst other things that the state should ethically rethink its narrow strategy against Boko Haram insurgency through the adoption of a broader approach according to the dictates of Nigeria’s Countering Violent Extremism framework.


2018 ◽  
Vol 62 (3) ◽  
pp. 335-350
Author(s):  
Romola Adeola ◽  
Frans Viljoen

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.


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