Mapping Children on the Move within Africa
states from expelling or returning refugees in any way to territories where their lives would be
threatened because of their race, religion, nationality, political opinion or membership of a certain
social group. In the same vein, Article 2 of the 1969 OAU Convention provides that no refugee
should be subjected by a state to measures such as rejection, return or expulsion which would
force him to return to or remain in a territory where his life, liberty or physical integrity would
be threatened. Further, Article 5 of the OAU Convention provides that voluntary repatriation
should be respected and repatriation should not be against one’s will. The Article also requires
the states of origin, on receiving back refugees, to facilitate their re-settlement and grant them all
the rights and privileges of nationals of that state. The state hosting refugees together with the
state of origin, should make ‘adequate arrengements for the safe return of refugees who request
repartriation according to Article 5(2) of the 1969 OAU Convention. Child refugees are supposed
to benefit from these provisions.
Despite the provisions of the 1951 UN Convention and the 1969 OAU Convention, refugees
who return back to their countries of origin still find themselves in fragile situations.123 In cases
where refugees return to their states of origin and fail to integrate sustainability they end up
becoming internally displaced persons or they may also be forced to move again if the drivers
of forced migration are not addressed.124 Globally, in 2017, about 2 million refugees returned to
their states of origin with many of the states of origin still in the midst of conflicts.125 In Nigeria
and Somalia the returnees went to a life of internal displacement. This means that the child
refugees in the population of returnees where also condemned to become internally displaced
children.126 Some of the Nigerian Refugees had been forcefully returned from Cameroon while
Somali refugees returned from Kenya in fear of the closure of camps.127
In regard to internally displaced children, in addition to the CRC and ACRWC, their rights
are also protected under the African Convention for the Protection and Assistance of Internally
Displaced Persons in Africa. The Convention is also known as Kampala Convention. Under
Article 9(1) the Kampala Convention provides that states should protect the rights of internally
displaced people without discrimination. Article 9(2) of the Convention requires special protection
for and assistance to internally displaced persons with special needs including separated and
unaccompanied children, pregnant women and mothers with young children. The Article
further requires that states take the necessary measures such as establishment of specialized
mechanisms to trace and reunify families separated because of displacement and to help reestablish family ties. This is important for internally displaced children who are separated from
their families during displacement.
The Kampala Convention under Article 13 requires states to ensure that internally displaced
persons are issued with the relevant documents such as personal identification documents, civil
certificates and birth certificates. In particular, Article 13(4) of the Kampala Convention states that
women and men as well as separatedand unaccompanied children have equal rights to obtain
such necessary identity documents and have the documents issued in their names. Article 13
of the Kampala Convention is a reflection of Principle 20 of the UN Guiding Principles on Internal
Displacement that provide that states should issue internally displaced persons with necessary
documents such as birth certificates and marriage certificates. This means that children born to
internally displaced people are entitled to be registered after birth without any discrimination.
123
124
125
126
127
Norwegian Refugee Council, Global Report on Internal Displacement (2018) P 13.
As above.
As above.
As above.
As above.
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