IDP Action urges the adoption of a robust African Union Convention to protect internally displaced persons and to prevent future crises

by Stephanie Brancaforte, Sarah Hager, Frank Smith and Jeremy Smith

IDP Action calls on the African Union (AU) and its member states to adopt a robust version of the draft Convention for the Prevention of Internal Displacement and the Protection of and Assistance to Internally Displaced Persons in Africa (hereinafter "IDPs Convention").

The November 2008 session of the African Commission on Human and Peoples' Rights (ACHPR), to be held in Abuja, Nigeria, will most likely be the last such meeting to discuss the draft IDPs Convention, before a Special AU Summit convenes to adopt it in 2009. It would be fitting therefore for the ACHPR to reiterate its support for the IDPs Convention and to call for certain key refinements to the current draft to render the IDPs Convention as effective an instrument as possible for protecting the rights of Africa's displaced persons.

What's at stake for Africa's IDPs

Africa has the dubious distinction of being home to more than half of the world's internally displaced persons (IDPs), or approximately 12.7 million IDPs out of a global total of around 25 million. In countries such as Sudan, Somalia, the Democratic Republic of Congo and Zimbabwe, grievous IDP situations continue to grow and worsen.

Below are but two examples to illustrate the severity of the problem:

Democratic Republic of Congo

In the eastern part of the Democratic Republic of Congo, the United Nations (UN) estimates that more than 200,000 people have fled their homes since August 2008 due to heavy fighting, joining at least 1.2 million displaced when the conflict began in 2007. Parties to the conflict (including rebel groups and the Congolese national army) have perpetrated rape and other forms of sexual violence against large numbers of women as well as children and men. Many IDPs are gravitating toward urban areas, where they feel safer, putting pressure on these areas to accommodate them. Displaced civilians are suffering malnourishment and literally dying of hunger, while the fighting continues to hamper aid deliveries. The World Food Programme is clamouring for more assistance.

Zimbabwe

In Zimbabwe, the Mugabe regime has repeatedly utilized forced displacement as a political tool and a means of controlling the population, including in the post-election violence that occurred between April and June 2008. Thousands of people were again displaced as armed groups roamed urban streets and rural areas to "re-educate" people perceived as opposing the government and to loot their possessions. The regime had also suspended nearly all food aid operations in an effort to control opposition members and influence voting. More than half of the Zimbabwe population remains in need of food aid; some people are so desperate that they eat foraged grasses. Malnutrition, particularly among children, is severe. The gravity of the economic crisis is exacerbating the displacement crisis, as people are unable to pay rent, buy basic necessities and maintain their homes, jobs and livestock. The tragedy of the displacement situation in Zimbabwe is that it is not caused by war or natural catastrophe, but rather by poor governance and a refusal on the part of the government to accept assistance for those most in need.

A strong legal framework to address internal displacement

Addressing IDP crises like those described above requires an intensive and multi-faceted approach. Adopting, implementing and ensuring compliance with a Convention that provides adequate legal support for IDPs would offer one piece of the solution to this widespread suffering. Adopting such a legal framework would also place Africa at the forefront of dealing with this worldwide challenge.

Tackling IDP issues rationally and head-on also makes good policy sense: in addition to protecting lives, it assists governments in managing urbanization challenges and allocating national budgets, rather than having their cities overwhelmed by IDPs looking for stability and livelihoods.

The adoption of a legally binding Convention on the issue of internal displacement would provide the necessary clarification of existing international legal standards and provide the basis for the enhanced protection and sustainable resolution of situations of internal displacement. It would also send an important signal to the rest of the world about the seriousness with which Africa considers the issue.

However, important changes first need to be made to the draft to ensure that it can become an effective instrument for protecting and assisting IDPs.

Specifically, the ACHPR should urge the AU to strengthen the Convention in the following areas: Monitoring and compliance: the Convention envisages the establishment of a Conference of States Parties for the purposes of monitoring and reviewing implementation. However, the draft does not elaborate on the functions and the competencies of this Conference, nor on its exact relation to, or position within, the AU. The fear is that the AU will create a new legal framework for the protection of IDPs without enabling itself to properly monitor and enforce its terms. Rather, the Convention should demand strong monitoring and enforcement mechanisms and should require AU member states actively to denounce and seek solutions to IDP crises on the African continent. Enhancing provisions against discrimination: the Convention requires states to refrain from and prevent a relatively narrow list of forms of discrimination. The Convention should either enumerate all forms of discrimination or include a catch-all phrase to avoid unintended interpretations of the language. The Convention should also be made to include a positive assertion that IDPs "shall enjoy, in full equality, the same rights and freedoms under international and domestic law as do other persons in their country".

Clarifying the responsibilities of armed groups: the Convention needs to refine its ascription of legal responsibility to armed groups that cause displacement. While non-state armed groups can cause people to be displaced, the ascription of legal responsibility to non-state armed groups within an IDP Convention to be adopted by States breaks new legal ground; its inclusion would require harmonization with trends in international criminal law and international humanitarian law. Rather, the Convention should more explicitly detail that states parties can be held responsible for displacement that they cause in other states through their support to armed groups operating in those states. The allocation of legal responsibility of individual members of armed groups should be pursued under other international legal mechanisms.

IDP Action considers that, as it stands, there are elements of the draft Convention that are vague or inconsistent with other international human rights standards. A legally-binding framework would make a huge difference to the issue of internal displacement – one of the greatest challenges Africa faces – making it all the more urgent that the AU and its members act to make the Convention as strong as possible.

A call to action

IDP Action calls on all governments in the region to demonstrate their commitment to protecting IDPs and preventing the creation of new IDP situations. The AU can set an example to other parts of the world by establishing precedent in the area of internal displacement by adopting a robust IDPs Convention. However, the work does not end with the improvement and adoption of a Convention: the Convention must then be integrated into every African nation’s domestic law and fully implemented and monitored in order for countries to reap the full benefits of this commendable initiative.

Contact

• Stephanie Brancaforte (Washington DC): +1 608 886 7398
• Frank Smith (London): +44 (0) 7926549484
• Jeremy Smith (Amsterdam): +31 (0) 206233218

Background

Unlike refugees, who fall under the protection of international instruments such as the Organisation of African Unity Convention Governing the Special Aspects of Refugee Problems in Africa and the UN Convention relating to the Status of Refugees, and who have a specialist UN agency to assist them, there are no comparable treaties or agencies that exist specifically to safeguard the rights of IDPs. The home governments of IDPs are often unable or unwilling to assist and protect them, while members of the international community (including fellow African nations) are often unable or unwilling to intervene and provide support.

In 2006, the AU initiated a process to adopt a Convention focused specifically on the rights of IDPs. To date, a draft text has been discussed among a Group of Experts, drawn from AU member states and including representatives of various UN agencies. After a final meeting of the Group of Experts in November 2008, the draft Convention is due to be presented to AU member states for adoption at a Special Summit in Kampala in April 2009.

About IDP Action

IDP Action is an advocacy organisation registered in the United Kingdom. It works to ensure adequate protection and assistance is provided to people in Africa who have been displaced within their own country by armed conflict, situations of generalized violence, violations of human rights, natural or human-made disasters.

IDP Action is independent of any political ideology, economic interest or religion. It does not support or oppose any government or political system, nor does it support or oppose the views of the victims whose rights it seeks to protect. It is concerned solely with the impartial protection of the rights of IDPs.