A/HRC/26/33
movement and residence, the right to privacy, the right to choose one’s own residence and
the right to adequate housing.16 The prohibition of arbitrary displacement has also been
addressed to an extent in international humanitarian law.17 Article 49 of the Fourth Geneva
Convention, relative to the protection of civilians in time of international armed conflict,
prohibits “individual or mass forcible transfers” as a grave breach of international
humanitarian law. This prohibition was later extended to non-international armed conflicts
when the second additional Protocol to the Geneva Conventions. State practice establishes
these rules as norms of customary international humanitarian law applicable in both
international and non-international armed conflicts.18
40.
The Kampala Convention innovates by listing, non-exhaustively, a wide range of
causes of arbitrary displacement, demonstrating that it is not only caused by conflicts.
Indeed, in addition to armed conflict and situations of generalized violence or human rights
violations, the Convention obliges States parties to protect all persons against policies of
racial or other discrimination aimed at or resulting in altering the ethnic, religious or racial
composition of the population; displacement due to harmful practices;19 and forced
evacuations in situations of natural or man-made disasters or other scenarios where
evacuation is not required by safety or health considerations of those affected. The warning
against the use of “safety and health” reasons to justify displacement that is fundamentally
arbitrarily is an important safeguard established by the Convention. Similarly, the
Convention devotes the whole entire of article 10 to internal displacement caused by
development projects carried out by public and private actors.
41.
The clear objective here is to prohibit all forms of arbitrary displacement, in all
circumstances, including forced evictions. In this regard, the article 4 of the Kampala
Convention provides a “catchall” by articulating the obligation of States parties to prevent
arbitrary displacement caused by an “act, event, factor or phenomenon of comparable
gravity to all of the above” that is not justified under international law, including human
rights and international humanitarian law.
42.
While the Convention does not define arbitrary displacement as a criminal offence,
article 4 (6) it requires States parties to declare as offences punishable by law the worst
forms of arbitrary displacement, such as those amounting to genocide, war crimes or crimes
against humanity.
(ii)
Disasters and climate change
43.
In 2012 alone, an estimated 7.7 million people were displaced in the wake of natural
disasters in countries that have signed or ratified the Kampala Convention,20 which explains
the special attention drawn to natural and man-made disasters in it. The Convention
requires States parties to take measures specifically to prevent and mitigate the effects of
disasters, including by establishing early warning systems and implementing disaster risk
16
17
18
19
20
IDMC, “The Kampala Convention. One year on” (see footnote 14), p. 25.
See Megan Bradley and Mike Asplet , “Strengthened Protection for Internally Displaced Persons in
Africa: The Kampala Convention Comes Into Force”, American Society of International Law, vol.
16, No. 36, 6 December 2012.
Jean-Marie Henckaerts and Louise Doswald-Beck, Customary International Humanitarian Law,
Volume I: Rules(Cambridge, Cambridge University Press, 2009), p. 457.
Under article 1 (j) of the Kampala Convention, “harmful practices” denotes all behaviour, attitudes
and/or practices that negatively affect the fundamental rights of persons, such as, but not limited to,
their right to life, health, dignity, education or mental and physical integrity. Female genital
mutilation is usually considered a form of harmful practice.
IDMC, “The Kampala Convention. One year on” (see footnote 14), p. 21.
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