The Kampala Convention defines obligations for states and non-state actors, highlighting the African Union's role in legal protection.
The article is devoted to a comprehensive study of the legal nature, significance, and innovations of the Kampala Convention of 2009 as the first regionally binding legal instrument specifically aimed at protecting the rights of internally displaced persons on the African continent. The article focuses on the uniqueness of the African experience in terms of transforming the soft law norms enshrined in the 1998 UN Guiding Principles on Internal Displacement into enforceable obligations. The African Union was not only the initiator of the Convention, but also the driving force behind the implementation of a comprehensive mechanism for the legal regulation of internal displacement. The article highlights the key innovations of the Convention, including: the definition of clear responsibilities for states and non-state actors (including armed groups and transnational corporations), the expansion of the list of causes of displacement (including climate change, environmental and socio- economic projects), and the establishment of states’ obligations to prevent displacement, protect and assist internally displaced persons, and provide durable solutions. The author analyzes the enhanced role of the African Union as a coordinating body capable of taking action in cases where individual states fail to fulfill their responsibilities. It is proved that the Kampala Convention has not only increased the effectiveness of legal protection of displaced persons in Africa, but also demonstrated a high potential to be used as a model for the future creation of a universal international treaty on the protection of the rights of internally displaced persons. In this context, the African continent is presented as a leader in implementing innovative approaches in the field of human rights.
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Hrekul-Kovalyk et al. (2025) studied this question.
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