A/HRC/26/33
policies and legislative frameworks to ensure its implementation at the national level.8 The
scope of the present report is therefore not limited to an analysis of the unique character of
the Kampala Convention, but also sets out a proposed course of action to ensure that this
innovative and comprehensive framework translates into concrete gains for internally
displaced persons.
B.
The Convention in context
31.
The adoption of the Kampala Convention in 2009 followed five years of
consultations, drafting and negotiations by legal experts from States Members of the
African Union. This African-led process emerged from the recognition and decision of the
Executive Council of the African Union, in July 2004, that a separate and appropriate
regional framework should be developed to protect and assist adequately internally
displaced persons and to support durable solutions.9
32.
The development of the Guiding Principles on Internal Displacement was an
essential first step in establishing a normative framework on internal displacement,
clarifying international minimum standards for protecting and assisting internally displaced
persons. Regional and subregional intergovernmental organizations have increasingly
acknowledged, relied on and adopted the Guiding Principles,10 while States have
increasingly committed to adhering to the Guiding Principles and to incorporating them
into their domestic legal frameworks.11
33.
In 2006, during the International Conference on the Great Lakes Region, 11 States
of the Great Lakes Region adopted a binding Pact on Security, Stability and Development
in the Great Lakes Region,12 comprising 10 separate protocols, including the Protocol on
the Protection and Assistance to Internally Displaced Persons and the Protocol on the
Property Rights of Returning Persons. The Protocol on the Protection and Assistance to
Internally Displaced Persons, which entered into force in June 2008, legally binds Member
States to enact national legislation to domesticate the Guiding Principles fully and to
provide a legal framework for their implementation within national legal systems, and to
ensure the effective participation of internally displaced persons in developing such
legislation.
34.
The above-mentioned Protocol on Protection and Assistance to Internally Displaced
Persons served as impetus for the initiative by the African Union to draft the Kampala
Convention, which further crystallized and advanced a regional approach to protecting the
rights of displaced persons in efforts to achieve peace, security and development.13
35.
The development and adoption of the Kampala Convention should also be seen
against the backdrop of national efforts to develop laws and policies on internal
displacement, in Africa and throughout the world. To date, 25 Governments, including six
in Africa, have adopted a variety of national policies or legislation specifically addressing
8
9
10
11
12
13
A/HRC/16/43, para. 58.
Decisions EX.CL/Dec.129 (V) and EX.CL/127 (V).
See Organization of American States resolution 2667 of 7 June 2011. See also Council of Europe
recommendation Rec(2006)6 of 5 April 2006.
A/67/289, paras. 34 and 40.
South Sudan joined the Pact in 2012.
Chaloka Beyani, “The Elaboration of a Legal Framework for the Protection of Internally Displaced
Persons in Africa”, Journal of African Law, vol. 50, No. 2, 2006, pp.187-197.
9
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