programmes for peace and a culture of peace, to be included structures and processes
for conflict prevention, management and resolution at local, national, regional,
continental and international levels, among other profound provisions. The Protocol
also calls for gender responsive strategies for the protection of female asylum seekers,
refugees, returnees and displaced women and for them to be involved in decision
making.
In 2009, the AU uniquely filled a gap in the international and regional framework,
lauded as ‘sorely needed advancement’103 by adopting the first ever treaty on IDPs.
The Convention for the Protection and Assistance of Internally Displaced Persons in
Africa (Kampala Convention) is a significant feature in international and African
humanitarian assistance. Preceded by the Kampala Declaration on Refugees,
Returnees, and Internally Displaced Persons, 2009, the Kampala, Convention came
into force in 2012, launching a critical instrument into the continental human rights
stratosphere. The Kampala Convention aims to prevent, mitigate and eliminate root
causes of internal displacement as well as provide for the rights of IDPs, including to
protection and assistance.
Beyond looking at natural disasters and conflict, this landmark Convention
encompasses diseases and
projects of public or private actors as causes of
displacement. The Convention features rights based approaches to humanitarian
assistance for IDPs. States are obliged to respect, assist and ensure the rights of IDPs
and to demand accountability of non-State actors, multinational companies and private
military or security companies for their roles. By 2016, the Kampala Convention had
been signed by 40 Member States with 22 having deposited their instruments of
ratification; by early 2019, 27 Member States had ratified the Kampala Convention.104
The Kampala Convention on IDPs remains the first and only regional convention of its
genre.
The term ‘harmful practices’ highlighted in the Kampala Convention encompasses all
behaviour, attitudes and/or practices which negatively affect the fundamental rights of
IDPs, including their right to life, health, dignity, education, mental and physical
103
Asplet M and Bradley M ‘Strengthened Protection for Internally Displaced Persons in Africa: The Kampala
Convention comes into force’ American Society of International law, Volume 16 Issue 36, December 7, 2012.
104
Comparative Experiences on Implementing the Kampala Convention in West Africa
Dakar, 21-22 March 2019. Available at http://www.globalprotectioncluster.org/wp-content/uploads/ConceptNote-Regional-Exchanges-IDP-Law-and-Policy.pdf
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