A/HRC/26/33
international law and national law. Article 7 of the Convention lists a series of actions that
armed groups are prohibited from carrying out, in accordance with international law.
60.
According to article 5 (11), such emphasis on the obligations of non-State actors and
members of armed groups does not take away the primary responsibility of States parties,
which are required to take measures aimed at ensuring that armed groups act in conformity
with their obligations under article 7.
4.
Participation and consultation of internally displaced persons and host communities
61.
Throughout the Convention, States parties are reminded of their obligation to
consult internally displaced persons and allow them to participate in decisions relating to
their protection and assistance (for example, art. 9 (2)), including in decisions relating to
durable solutions. States must also take measures to ensure that displaced persons who are
citizens of their country of habitual residence may enjoy their civil and political rights,
particularly in relation to public participation, such as the right to vote and the right to run
for public office. With regard to development projects, article 10 (2) requires States parties
to ensure that the stakeholders concerned will explore feasible alternatives, with full
information and consultation of persons likely to be displaced by projects.
62.
Such protection also concerns, to a large extent, host communities. Indeed, host
communities are significantly affected by internal displacement, given that a great majority
of internally displaced persons tend not to live in camps but rather with the said
communities and families.29 The Kampala Convention reflects this reality by requiring
States to take appropriate measures to take into account the needs of host communities. This
also implies their involvement and participation in assessments to ensure that their needs are
taken into consideration for appropriate humanitarian and development responses.
5.
Monitoring and compliance with objectives
63.
To monitor the implementation of the Kampala Convention, States parties are
required to establish a Conference of States Parties (art. 14). States parties are also required
to cooperate upon the request of a concerned State party or the Conference of States Parties,
which is to convene regularly under the facilitation of the African Union (art. 14.2),to
protect and assist internally displaced persons (art. 5.2). To date, the Conference of States
Parties has never convened despite the provision in article 14 (2). The Special Rapporteur
has repeatedly expressed his wish for the Conference of States Parties to be established in
the near future.
64.
Two other mechanisms for reporting on compliance are outlined in the Kampala
Convention. States must report on the measures they have taken to give effect to the
Convention whenever they present their reports under article 62 of the African Charter on
Human and Peoples’ Rights (art. 14.4). States Members of the African Union that have
joined the African Peer Review Mechanism (must also report on such measures when they
present their reports under the Mechanism (art. 14.4).
29
IDMC, “The Kampala Convention, One year on” (see footnote 14), p. 27.
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