A/HRC/26/33
internal displacement. African States were among the first in the world to adopt national
laws and policies based on the Guiding Principles. The six African States to have developed
laws and policies on internally displaced persons are Angola (2000), Burundi (2001), Sierra
Leone (2002), Uganda (2004), the Sudan (2009) and Kenya (2012), while Somalia and the
Democratic Republic of the Congo are in currently developing relevant laws.
36.
Even before Nigeria ratified the Kampala Convention in April 2012, the Nigerian
authorities were taking steps to better coordinate their response to internal displacement. In
2003, a committee was established to draft a national policy on internally displaced persons
to define the role and responsibilities of State agencies and of civil society organizations.
The draft policy was presented to the Government in 2011, and was subsequently revised
and reviewed by multiple stakeholders. A policy on migration was also drafted in 2013,
including provisions on internal displacement. Both policies are due to be presented to the
Federal Executive Council for adoption in 2014.14
C.
Scope of the Convention
37.
The Kampala Convention directly incorporates the United Nations Guiding
Principles on Internal Displacement,15 and proceeds from the premise of the primary
responsibility of the State in addressing internal displacement. The Convention, however,
goes beyond the Guiding Principles by articulating the need for a holistic response to
internal displacement based on a combined framework of international human rights law
and international humanitarian law. Such a framework provides a platform for all
stakeholders – States but also all other groups and entities involved in or affected by internal
displacement – to analyse the multiple causes of internal displacement and to identify
appropriate responses to these phenomena, including durable solutions. In this regard, the
Convention stresses that humanitarian and development actors both have an important role
to play in a comprehensive response to problems related to internal displacement. Equally,
the Convention stresses the need for the active participation of those affected by
displacement, including vulnerable groups of displaced persons and host communities.
1.
Obligations of States parties
(a)
Protection from involuntary or forced displacement
(i)
Arbitrary displacement
38.
Article 3 of the Kampala Convention recognizes the general obligation of States to
refrain from, prohibit and prevent arbitrary displacement of populations, as well as the
obligation to prevent some of the underlying causes of internal displacement, such as
political, social, cultural and economic exclusion and marginalization, as well as to respect
and protect the human rights of internally displaced persons and to respect international
humanitarian law.
39.
The Convention has made important advances in articulating the right to be
protected from arbitrary displacement by elaborating a number of acts that may cause it.
While international human rights law does not clearly spell out the right not to be arbitrarily
displaced, some components of this right are to be found in the right to freedom of
14
15
10
IDMC, “The Kampala Convention. One year on: progress and prospects”, 6 December 2013,
available from www.internal-displacement.org/publications/2013/the-kampala-convention-one-yearon-progress-and-prospects-2.
E/CN.4/1998/53/Add.2, annex.
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