The AU Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) was adopted on 23 October 2009 and entered into force on 6 December 2012. It is the first and only binding regional treaty specifically on internal displacement.
What It Requires
The Convention obligates state parties to:
- Prevent arbitrary displacement through addressing root causes.
- Protect IDPs during displacement including ensuring their safety, dignity, and rights.
- Provide durable solutions including return, integration, or relocation.
- Cooperate with regional and international actors addressing displacement.
The Convention addresses displacement caused by:
- .
- Generalized violence.
- Human rights violations.
- Development projects (with strict criteria).
- Natural or human-made disasters.
A Notable Innovation: Armed Groups
The Convention covers obligations of armed groups as well as states — unusual in international law. Most international human-rights and humanitarian treaties impose obligations on states; the Kampala Convention extends obligations to , which often cause significant displacement.
The armed-group provisions are innovative but have implementation challenges. Armed groups generally do not engage with international treaty mechanisms, and enforcing the Convention against them depends on state cooperation and various approaches.
Ratification and Implementation
33 AU states have ratified as of 2024. The Convention has near-universal acceptance among AU members in concept, with proceeding progressively.
Implementation has been uneven. Major IDP crises continue across the continent:
- DRC: over 6 million IDPs from sustained conflict in eastern provinces.
- Sudan: over 8 million IDPs from the post-2023 civil war — the largest current displacement crisis globally.
- Ethiopia: substantial displacement from the Tigray war and subsequent conflicts.
- Mozambique: displacement from the Cabo Delgado .
- Burkina Faso, Mali, Niger: ongoing Sahelian conflicts.
- South Sudan, Central African Republic, Somalia: long-standing displacement crises.
These demonstrate continued gaps between the Convention's commitments and implementation reality.
Catalytic Effect
The Convention has nonetheless catalyzed national IDP laws and policies across the continent. Several states have:
- Adopted national IDP legislation implementing Convention provisions.
- Developed national IDP policies addressing prevention, protection, and durable solutions.
- Established IDP coordination mechanisms within government.
- Aligned domestic frameworks with regional and international standards.
Why It Matters
The Kampala Convention matters because:
- IDPs are the world's largest displaced population: globally, over 75 million people are internally displaced — substantially more than refugees.
- Africa hosts the majority of global IDPs.
- The Convention provides legal that did not previously exist for internal displacement.
- It pioneered armed-group obligations that may be replicated in other contexts.
- It catalyzes national-level reform that improves protection in practice.
The Convention is also studied as a model for potential global IDP treaty, though no such global instrument has emerged.
Critiques
The Convention has faced critiques:
- Implementation gaps: documented IDP suffering despite legal commitments.
- Limited armed-group engagement: provisions exist but enforcement is difficult.
- Resource constraints: many AU states lack capacity to implement fully.
- Coordination challenges: with international humanitarian actors.
Common Misconceptions
The Convention is sometimes confused with the broader UN Guiding Principles on Internal Displacement (1998). The Guiding Principles are non-binding ; the Kampala Convention is binding treaty law within Africa.
Another misconception is that the Convention only applies during conflict. It applies to all causes of displacement including disasters.
Real-World Examples
The 2009 adoption at the Kampala Summit was the founding moment. The 2024 Sudan displacement crisis has tested the Convention's implementation at unprecedented scale. National IDP legislation in Nigeria, Kenya, Uganda, Liberia, and other states demonstrates the Convention's catalytic effect on domestic reform.
Example
Niger became the 33rd state party to the Kampala Convention in 2023 — the convention's expanding ratification reflects its continued normative influence despite implementation challenges.