A/HRC/26/33
communities, States are also required, where appropriate, to extend their assistance to local
and host communities. Furthermore, States are to take measures to monitor and evaluate the
effectiveness and impact of humanitarian assistance provided to internally displaced
persons, in accordance with relevant standards of practice, including those of the Sphere
Project.
(iv)
Registration and documentation
50.
Other measures relevant to protection and assistance during displacement that the
Convention requires States to take include, but are not limited to, support for registration
and the provision or replacement of personal documentation (art. 13). The Convention
stresses, however, that the failure to issue internally displaced persons with such documents
should not in any way impair the exercise or enjoyment of their human rights.
(c)
Obligations relating to durable solutions and compensation
51.
Article 11 of the Kampala Convention commits States to promoting and creating
satisfactory conditions for durable solutions to displacement, including voluntary and
sustainable return, local integration or relocation in safety and in dignity. The Convention,
in its article 12, also addresses the right of those affected by displacement to effective
remedies, including just and fair compensation and other forms of reparations.
52.
States are responsible for consulting internally displaced persons on their options for
securing durable solutions to displacement to enable them to make a free and informed
choice on return, local integration or relocation, and for ensuring their participation in
sustainable solutions.
53.
Article 11 (4) of the Convention also requires States to take measures for the
resolution of property disputes and the recovery of property, including by establishing
simplified property dispute resolution mechanisms for internally displaced persons; and
restoring the lands of communities with a special dependency and attachment to such lands
upon the return of communities and their reintegration (art. 11 (5)). States are further
obliged by article 12 (2) to establish an effective legal framework to provide displaced
persons, in accordance with international standards, with just and fair compensation and
other forms of reparations for damage incurred as a result of displacement, in accordance
with international standards.
The specific case of internally displaced pastoralists
54.
Pastoralism in Africa is characterized by a high reliance on livestock as a source of
economic and social well-being, and various types of strategic mobility to secure access to
water and grazing resources in areas with a high degree of rainfall variability. Pastoralism is
found in all regions of Africa, where, in some regions, it is the dominant livelihood. In 2010,
pastoral areas were known to occupy some 40 per cent of African land mass.24 Contrary to
assumptions and despite their tradition as nomads, pastoralists do suffer from arbitrary
displacement. Displacement of pastoralists is closely linked to the loss of livestock and of
access to markets.25 All causes of internal displacement identified in the Convention can be
causes of forcible internal displacement for pastoralists.26
24
25
26
African Union, Policy framework for pastoralism in Africa: Securing, protecting and improving the
lives, livelihoods and rights of pastoralist communities, October 2010 (available from
http://publications.cta.int/en/publications/publication/1735/), p. 1.
See A/HRC/19/54/Add.2, para. 13.
See IDMC, On the margin: Kenya’s pastoralists, March 2014, available from www.internaldisplacement.org/publications/2014/on-the-margin-kenyas-pastoralists.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents