Introduction
Ethiopia has taken a significant step by formally ratifying the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, widely known as the Kampala Convention. This move, formalized through Proclamation No. 1187/2020, signals Ethiopia’s commitment to addressing the plight of people displaced within its own borders. However, the proclamation also reveals that Ethiopia has ratified the treaty with specific reservations and declarations, indicating its intention to apply the Convention while upholding national legal principles and sovereignty. This post breaks down what this ratification means.
Background
Globally, millions of people are forced to flee their homes due to conflict, violence, disasters, or development projects, but remain within their own countries. These are known as Internally Displaced Persons (IDPs). Unlike refugees who cross international borders, IDPs do not have the same specific body of international law dedicated to their protection.
The Kampala Convention, adopted by the African Union in 2009, is the first legally binding regional treaty specifically focused on protecting and assisting IDPs. It sets out obligations for African states to prevent displacement, protect IDPs during displacement, and assist them in finding durable solutions like return, local integration, or resettlement.
Ethiopia signed the Convention on the same day it was adopted in 2009. Years later, the country’s House of Peoples’ Representatives approved the agreement in February 2020, paving the way for Proclamation No. 1187/2020, issued in March 2020, to officially make the Convention part of Ethiopian law. Given the significant challenges of internal displacement Ethiopia has faced, ratifying this convention is a notable development.
Understanding Ethiopia’s Specific Conditions
While ratifying the Convention, Ethiopia included several specific points detailing how certain provisions will be interpreted or applied within the country. These are known in international law as “reservations” (limiting the effect of a treaty provision) and “declarations” (clarifying understanding or application). Here are the key ones:
- On Compensation (Article 12(2)): The Convention generally suggests compensation for displacement. Ethiopia’s reservation clarifies that direct financial compensation from the state is primarily due only when displacement results from legal procedures like government land expropriation. For displacement caused by natural disasters or other man-made issues, the government’s duty is focused on providing assistance and rehabilitation, as outlined in the Ethiopian Constitution.
- On Responsibility for Aid Failure (Article 12(3)): If aid doesn’t reach displaced people because individuals or groups illegally obstruct it, Ethiopia’s reservation states that its responsibility is to ensure these perpetrators are held accountable and aid is resumed, rather than the government automatically bearing responsibility for the initial failure caused by others’ illegal acts.
- On International Court Authority (Article 22): The Convention mentions the jurisdiction of the African Court of Justice and Human Rights. Ethiopia has made a reservation stating it does not consider itself bound by this article regarding the Court’s compulsory jurisdiction over Convention matters.
- On Working with Aid Groups (Articles 5(6) & 5(7)): Ethiopia’s declarations emphasize national sovereignty. It states that UN, AU, and other humanitarian organizations can provide aid and protection to IDPs only with the government’s prior permission or approval. Furthermore, the rapid passage of aid supplies and personnel, mentioned in the Convention, must be applied “in line with the health, safety, and security preconditions the government puts in place.”
Ethiopia also declared its understanding and acceptance of the Convention’s standard definition of an internally displaced person (Article 1(k)).
The Decision: Formal Ratification with Caveats
The Proclamation itself is the decision. It officially makes the Kampala Convention legally binding in Ethiopia. However, it does so not by adopting the Convention wholesale, but by incorporating it along with the specific reservations and declarations that Ethiopia has formally lodged. This means the Convention’s provisions will be interpreted and applied in Ethiopia subject to these stated conditions. The Ministry of Peace is designated as the government body responsible for implementing and following up on the Convention’s application. The Proclamation came into effect upon its publication on March 13, 2020.
Why the Specific Conditions?
The specific reservations and declarations reflect Ethiopia’s desire to integrate the Kampala Convention into its existing legal and governance framework while safeguarding national sovereignty and control.
- Limiting compensation clarifies the state’s financial obligations and aligns with constitutional provisions focusing on assistance for broader displacement causes.
- The stance on aid delivery issues emphasizes holding non-state actors accountable for obstruction.
- Rejecting the compulsory jurisdiction of the African Court on Convention matters is a common practice among states seeking to control which international judicial bodies have authority over them.
- Requiring permission and setting conditions for international aid organizations underscores the principle that the state retains primary responsibility and control over activities within its territory, ensuring coordination and addressing national security or health concerns.
Potential Impact
Ethiopia’s ratification of the Kampala Convention is undoubtedly a positive development, signaling a formal commitment at the highest level to the rights and needs of internally displaced persons – a population group particularly vulnerable. By becoming a state party, Ethiopia is now formally bound by the Convention’s principles, subject to its stated conditions.
The practical impact on the lives of IDPs in Ethiopia will depend on how the government implements the Convention, taking into account its reservations and declarations. While the conditions assert national control, the underlying commitment to the Convention offers a framework and a basis for national policy and action, as well as engagement with international partners, towards better protecting and assisting those displaced within the country. The challenge now lies in translating this legal commitment into tangible improvements on the ground.