A/HRC/26/33
reduction strategies, emergency and disaster preparedness and management measures in
areas at risk.
44.
In this regard, the States Members of the African Union are implementing a regional
disaster risk reduction strategy by means of an extended programme of action (2006-2015),
which aims to contribute to the attainment of sustainable development and poverty
eradication through a substantial reduction in the social, economic and environmental
impact of disasters, including risks associated with climate change.21
(b)
Protection and assistance, including during displacement
45.
Article 5 of the Kampala Convention clearly stipulates that States parties bear the
primary duty to provide protection and assistance to internally displaced persons within their
territory or jurisdiction.
(i)
Accountability
46.
According to article 9 of the Convention, during displacement, States are required to
protect the rights of internally displaced persons, regardless of the cause of their
displacement, and to refrain from and prevent discrimination, including on the basis of
displacement; genocide, crimes against humanity, war crimes and other violations of
international law committed against displaced persons; forms of cruel, inhuman or
degrading treatment or punishment, including arbitrary killing, summary execution,
arbitrary detention, abduction and enforced disappearance or torture; and sexual and genderbased violence, including rape, harmful practices, the recruitment of children and their use
in hostilities, forced labour, human trafficking, smuggling and starvation. States moreover
have the obligation to guarantee the safety, security and dignity of internally displaced
persons, to respect and ensure their freedom of movement and choice of residence, and to
protect them against forcible return or resettlement to areas where their life, safety, liberty
and/or health would be at risk.
47.
In its article 4 (6), the Convention calls upon States to ensure the individual
responsibility for acts of arbitrary displacement perpetrated by State officials,22 as well as by
non-State entities, including multinational companies or private security organizations.23 In
particular, article 7 (4) of the Convention provides that States must hold members of armed
groups criminally responsible for human rights abuses and violations of international
humanitarian law.
(ii)
Vulnerable groups
48.
Article 9 (2) of the Convention requires States to provide special protection and
assistance to internally displaced persons with special needs, including separated and
unaccompanied children, female heads of household, expectant mothers, mothers with
young children, persons with disabilities and older persons, and to take measures for family
tracing and reunification.
(iii)
State obligations with regard to providing assistance
49.
According to article 9 (2) of the Convention, States are required to provide internally
displaced persons, to the fullest extent possible and with the least possible delay, with food,
water, shelter, health services, sanitation, education and any other necessary social services.
Given the important ways in which displacement can affect the resources and coping
capacities of communities affected by displacement, including host and return
21
22
23
12
Ibid..
See also article 12 of the Convention.
IDMC, “The Kampala Convention, One year on” (see footnote 14), p. 13.
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