The emerging law of forced displacement in Africa : development and implementation of the Kampala Convention on Internal Displacement / Allehone M. Abebe.

Format:

Book

Author/Creator:

Abebe, Allehone M., author.

Series:

Human rights and international law

Language:

English

Subjects (All):

African Union Convention for the Protection and Assistance of Internally Displaced Persons (2009 October 22).

African Union Convention for the Protection and Assistance of Internally Displaced Persons.

Internally displaced persons--Legal status, laws, etc--Africa.

Internally displaced persons.

Forced migration--Africa.

Forced migration.

Migration, Internal--Law and legislation--Africa.

Migration, Internal.

Refugees--Legal status, laws, etc--Africa.

Refugees.

Refugees--Legal status, laws, etc.

Migration, Internal--Law and legislation.

Africa.

Physical Description:

xii, 307 pages ; 24 cm.

Place of Publication:

Abingdon, Oxon ; New York, NY : Routledge, an imprint of the Taylor & Francis Group, 2017.

Summary:

As of the end of 2015, there were 40.8 million civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as 'responsibility to protect' and 'sovereignty as responsibility' have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the Link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered. Book jacket.

Contents:

1 Introduction 1

2 Developments and gaps in international law concerning internal displacement 5

Introduction 5

Recent developments in international law 6

State responsibility 10

Responsibility to protect 12

The role of the Security Council 16

International treaty on internal displacement? 18

The Guiding Principles on Internal Displacement 26

Conclusion 36

3 African regional norms, institutions and internal displacement 38

Introduction 38

The search for a regional approach on internal displacement 41

Convergence between internal displacement and human rights 46

Internal displacement and African regional treaties 49

Regional institutional frameworks for the protection of IDPs 63

Sub-regional legal developments: Great Lakes Protocols relating to internal displacement 86

Conclusion 93

4 Preparatory work and legal source of the Kampala Convention 96

Introduction 96

The Annotated Outline of the legal framework 100

Preparatory process and negotiation 108

Rationale of the Kampala Convention 141

Legal sources of the Convention 145

Conclusion 148

5 Scope, innovation and limitations 151

Introduction 151

Sources of the Convention 151

Scope and objectives 153

Definitions and concepts 154

Causes of internal displacement 159

National framework for the protection and assistance of IDPs 165

The human rights of internally displaced persons 175

Protection of vulnerable groups 179

The roles of non-state actors 181

Accountability for crimes 185

Remedies and compensation 186

Conclusion 187

6 Implementation and its challenges 191

Introduction 191

Ratification 192

Legal and institutional reform 194

The role of regional monitoring mechanisms 217

Implementation challenges faced by the African regional human rights system 223

The role of international organisations 234

Peace-keeping missions and the implementation of the Convention 242

Conclusion 251

7 Conclusions 258

Framework and evolution of the African regional system 259

The international context and source of the Convention 261

The background and drafting history of the Convention 263

Objectives of the Convention 265

Scope and elements of the Convention 266

Significance of the Convention 268

Implementation and its challenges 269.

Notes:

Includes bibliographical references and index.

ISBN:

9781138669215

1138669210

OCLC:

960493839