A/HRC/26/33
55.
Like the Guiding Principles on Internal Displacement and the Protocol on the
Protection and Assistance to Internally Displaced Persons, the Kampala Convention pays
particular attention – in its article 4 (5) – to this widespread phenomenon, obliging States
parties to endeavour to protect communities with special attachment to and dependency on
land owing to their particular culture and spiritual values. Any projects with an impact on
the right of pastoralists to use land have to be justified by compelling and overriding public
interest. The threshold that public interest must reach is therefore higher owing to the
ancestral and spiritual attachment that pastoralists have with the land.27
2.
Obligations relating to humanitarian and other actors
(a)
Role of international and humanitarian organizations
56.
The Kampala Convention makes clear that States have the primary responsibility for
fulfilling the human rights of internally displaced persons. When available resources are
inadequate, however, article 5 (6) of the Convention requires States parties to cooperate in
seeking the assistance of international organizations and humanitarian agencies, civil society
organizations and other relevant actors. In this regard, States parties should take the steps
necessary to ensure effective and unimpeded access by humanitarian organizations and other
entities that are in a better position to provide internally displaced persons with protection
and assistance. This also applies to efforts to support durable solutions.
57.
The Convention further elaborates on this issue in its article 6, which addresses the
legal obligations for international organizations and humanitarian agencies. Article 6
requires such entities to discharge their mission in conformity with international law and the
laws of the countries in which they operate; to respect the rights of such persons in
accordance with the law; and to perform their mission in full respect of the principles of
humanity, neutrality, impartiality and independence. The Convention insists on several
occasions on the principle of non-discrimination as a requirement for equal protection of and
assistance for internally displaced persons.
(b)
Obligations relating to the African Union
58.
The Kampala Convention also calls for collaboration between States parties and the
African Union. It specifically refers to the obligations of the African Union, which has the
mandate, as enshrined in article 4 (h) of the African Union Constitutive Act, to intervene in
respect of grave circumstances, namely, war crimes, genocide and crimes against humanity.
In article 8, the Convention also identifies an important role for the African Union in
supporting States parties to fulfil their obligations under the Convention.
3.
Non-State actors and members of armed groups
59.
Another innovative element of the Kampala Convention is its recognition that nonState actors and members of armed groups must be held accountable for their role in
involuntary or forced internal displacement.28 Seeking to combat impunity, the Convention
notably holds members of armed groups accountable for human rights violations against
internally displaced persons, stipulating that members of armed groups are to be held
criminally responsible for acts that violate the rights of displaced persons under
27
28
14
IDMC, “The Kampala Convention, One year on” (see footnote 14), p. 27.
Non-State actors are defined as private actors who are not public officials of the State or whose acts
cannot be officially attributed to it. Armed groups are defined as dissident armed forces or
other
organized armed groups that are distinct from the armed forces of the State.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents