Internal displacement and the Kampala Convention: an opportunity for development actors Analytical Paper on the Relevance of Human Rights Approaches for Development Activities Targeting Conflict- and Disaster-Induced Displacement in Africa Acknowledgements This report was produced by IDMC under an initiative by the Global Program on Forced Displacement of the World Bank. The report is researched and written by Walter Kälin and Nina Schrepfer. The report was financed by the Nordic Trust Fund (NTF). The NTF is a knowledge and learning initiative to help the World Bank develop a more informed view on human rights. Financial and staff support for the NTF is provided by Denmark, Finland, Iceland, Norway and Sweden. Authors Walter Kälin, Dr. iur., professor of constitutional and international law at the University of Bern; Non-resident Senior Fellow Brookings Institution; former Representative of the UN Secretary General on the Human Rights of Internally Displaced Persons. Nina Schrepfer, MLaw (European and International Law), former legal advisor to the Representative of the UN Sec- retary-General on the Human Rights of Internally Displaced Persons; Advisor in Human Rights and Humanitarian Affairs at the University of Bern, MPI Fellow. Disclaimer The content of this report does not necessarily represent the views of the World Bank and its affiliated organizations, or those of the Executive Directors of the World Bank or the governments they represent. Cover photo: Madwani is one of the two transit sites in Aweil town, South Sudan. Although it is supposed to shelter people for only a few days before they are moved to their permanent homes, some of the returnees stay in Madwani for months because of slow plot allocation and because they want to stay in the proximity of town, where some services are available. (Photo: IDMC, April 2011) Internal displacement and the Kampala Convention: an opportunity for development actors Analytical Paper on the Relevance of Human Rights Approaches for Development Activities Targeting Conflict- and Disaster-Induced Displacement in Africa 20 November 2012 Table of contents Bibliography . 6 List of Abbreviations . 9 Executive Summary . .10 Introduction. .11 1. Internal displacement in Africa . 11 2. Scope of the study . 11 I. Internal Displacement: A Development Challenge . 13 1. The inadequate presence of development actors in displacement situations . 13 2. The displacement-development nexus . .13 3. Entry points for development actors . .14 a) In pre-displacement situations . 14 b) During displacement . 15 c) After displacement . .15 4. The Kampala Convention and the Great Lakes IDP Protocol: A unique opportunity for development actors 15 II. Relevant Legal Instruments: From the Guiding Principles to the Kampala Convention and Beyond . 17 1. The Guiding Principles . .17 2. The Kampala Convention. .17 3. The Great Lakes Protocols . .18 4. The African Human Rights Charter and the right to development . 19 5. Domestic and country-specific instruments . .19 6. Conclusion . .19 III. The Political Economy of Ratifying and Implementing Human Rights Treaties . 20 1. Treaties without reciprocal benefits . .20 2. Ratification. .20 3. Implementation . 21 a) Political will . 21 aa) Reputational concerns . 21 bb) Diffusion . .21 cc) Perception of IDPs. .22 dd) Opportunity structures . .22 b) Accountability mechanisms. .23 c) Appropriate normative and institutional frameworks . .24 d) Capacity . .24 e) Access to international support . .25 4. What development actors can do . 25 IV. Why Should Development Actors Use a Rights-Based Approach when Addressing Internal Displacement? . .26 1. The complementarity of human rights and development approaches in the area of internal displacement . .26 a) Identifying impoverishment risks: an entry-point for development actors . 26 b) The compatibility of the IRR model with human rights . .27 4 Walter Kälin / Nina Schrepfer | November 2012 2. The rights-based approach to development and the value added for addressing internal displacement . .28 a) The rights-based approach to development . 28 aa) The UN Common Understanding . .28 bb) Human rights as part of the legal environment of development action. .28 b) Value added of a rights-based approach to development . .29 c) Relevant questions . .31 V. Human Rights and Development Interventions: Relevant Areas and Topics. .33 1. Delivery of basic services, in particular health and education . 33 a) Typical problems faced by IDPs . .33 b) Human rights aspects of development interventions . .34 c) Good development practice . .36 2. Livelihoods . 37 a) Typical problems faced by IDPs . .37 b) Human rights aspects of development interventions . .38 c) Good development practice . .39 aa) Jobs and livelihoods . .39 bb) Possible activities for development actors in the area of food security . 41 3. Housing, land and property . .42 a) Typical problems faced by IDPs . .42 b) Human rights aspects of development interventions . ..