A CRITICAL EXAMINATION OF THE KAMPALA CONVENTION AND THE RIGHT NOT BE ARBITRARILY DISPLACED

Abstract

This research work critically appraises the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, also known as the Kampala Convention. The research examines the provisions of the statute relative to the fight against displacement, obligations of States and other non-juristic persons, in addition to her other provisions for the protection for persons who by any means have already been displaced. The lack of a legally binding instrument before 2009 necessitated the need for the creation of this law specifically for IDPs which is a deviation from the soft laws before her. The research work brings to limelight the uniqueness of the Kampala Convention, by bringing to fore her contextualization of the international norms relevant to IDPs, her integration of International humanitarian law in armed conflict, and her encouragement for the protection of social, economic and cultural rights of IDPs, irrespective of the cause of displacement. The research concludes that the creation of the Convention is a step in the right direction; but all who are obligated under the Convention should carry out their duties in line with the spirit of the Convention. The research recommends that there is the need for co-operation of all those obligated under the Convention to work together, bearing in mind the goals of her drafters in other to enable the implementation and monitoring mechanisms in the Convention. The research also pointed out that adherence to the Convention and other relevant laws before her are essential to curbing the menace of displacement in Africa.

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urn:uuid:1310b775-9313-4526-8473-96f06735c531