Africa
has a longstanding displacement problem a large part of which arise from the
false drawing of the state borders by the colonial powers. Yes, instead of
taking into account of peoples’ choices, ethnicities, cultural ties or
religions European states considered only their interests when they were assigning
the borders of African states. Religious or ethnic groups were divided by state
borders which created conflicts among different tribes or entities. Natural
resources were distributed according to the wishes of outsiders as a result of
which governments and different power centres got engaged with struggles of
interests forcing people to leave their homes.
According
to the IDMC, there were over 10.4 million IDPs in the 18 sub-Saharan countries in
2012 which is equal to almost a third of the global total. While the number of
the refugees in Africa has been decreasing in the last decades, number of the
IDPs has been increasing. Most affected states by internal displacement are Central
African Republic (the CAR), Chad, the Democratic Republic of the Congo (the
DRC), Somalia, and Sudan. Only in the DRC there are around 2.7 million IDPs. In
Sudan this number is 2.5 million. Great Lakes region is the most affected part
of the continent. The biggest reasons of displacements in Africa are the
conflicts and violence emerging from the struggles for political power and
natural resources.
Having
paid badly for the thoughtless historical mistakes of Europeans for centuries,
Africans have recently started to realize that they can solve their own
problems better than anybody else. Since the beginning of the 2000s there have
been initiatives to answer the question of IDPs in the continent. While some
African states made legislations according to the Guiding Principles on Internal
Displacement some others drafted IDP policies or laws. But there is one very
recent effort in the continent that what I believe is one of the most
significant achievements in the history of the IDPs problem. Signed in 2009 and
entered into force in 2012 after its ratification by 15 states, Convention for
the Protection and Assistance of Internally Displaced Persons in Africa or
simply Kampala Convention has become the first binding international agreement
related to the IDPs.
Kampala
Convention is inspired by the Guiding Principles, however contrary to the latter;
the former is binding and assigns responsibilities on the signing parties. Kampala
Convention defines Internally Displaced Persons as “persons or groups of persons who have been forced or obliged to flee
or to leave their homes or places of habitual residence, in particular as a
result of or in order to avoid the effects of armed conflict, situations of
generalized violence, violations of human rights or natural or human made
disasters, and who have not crossed an internationally recognized State border”
(Kampala Convention, Article 1(k). Convention gives the biggest
responsibilities to the states but also sets out rights and duties for the related
actors such as armed groups, Civil Society Organizations (CSOs), international
organisations and the AU.
According
to the Kampala Convention, CSOs can play an important role at the every phase
of the displacement. CSOs can not only provide shelter, food and education but
also advocate the rights of the IDPs worldwide. Armed groups, on the other
hand, were given obligations to respect the rights of IDPs. Host communities
and their needs were not forgotten. They are the people who share their homes
with the displaced and most of the IDPs in Africa are actually assisted by
these people. Kampala Convention notes that “States
Parties shall assess or facilitate the assessment of the needs and
vulnerabilities of internally displaced persons and of host communities, in cooperation with international organizations
or agencies.” (Kampala Convention, Article 5(5).
Displaced
people in Africa have a non-static character which means that today’s IDPs
might be tomorrow’s refugees or reverse. Neighbouring countries assumes the
protection of refugees flowing from each other while dealing with their own IDP
problems. It should be noted that if a state is reluctant to take care of its
own IDPs, it will be even more reluctant to take care of other states’
refugees. So, this truth must be taken into consideration next time when making
international agreements and IDPs should be included in the protection circles.
I hope that lessons are learned from African Kampala Convention and a legally binding
international agreement is created in the level of the UN related to the IDPs.



