By Reason Chingisa Baloyi
As a law student and researcher at the University of South Africa, Reason has a keen interest in the frameworks that govern human rights and social justice, particularly in her home country. One pivotal legal instrument that addresses the critical issue of internal displacement in Africa is the Kampala Convention, adopted in 2009 in South Africa. This convention emphasizes the responsibility of states to protect and assist internally displaced persons (IDPs), particularly focusing on two key provisions: Article 3, which outlines state responsibilities to prevent displacement, and Article 9, which mandates the provision of assistance and protection to IDPs.
Article 3: Preventing Displacement
In South Africa, the relevance of Article 3 cannot be overstated. The country faces various socio-economic challenges, natural disasters, and urban migration, all of which can lead to internal displacement. A stark example is the 2019 Cape Town water crisis, where inadequate infrastructure and poor service delivery forced many residents to relocate due to severe water scarcity. This situation highlights an urgent need for preventive measures and effective governance to avert such crises in the future.
Article 9: Providing Assistance
Article 9 of the Kampala Convention requires states to offer assistance to those displaced. A pertinent case is the 2018 floods in KwaZulu-Natal, where local authorities activated emergency response measures, providing temporary shelters and essential services to affected populations. However, the implementation of these provisions has often revealed inconsistencies across different regions. For instance, during the devastating fires in the Eastern Cape in 2019, while the provincial disaster management team coordinated relief efforts, many families still struggled to access vital resources due to bureaucratic delays and inadequate inter-agency collaboration.
Bridging the Gaps
South Africa has made commendable strides in aligning its national policies with the principles of the Kampala Convention. Frameworks like the National Disaster Management Act and the Integrated Urban Development Framework aim to mitigate the impacts of displacement caused by natural disasters and urban migration. Yet, challenges remain.
During the civil unrest in KwaZulu-Natal in 2021, local NGOs and community organizations stepped up to provide immediate support to those displaced, exemplifying a community-centric approach aligned with the Kampala Convention. However, systemic barriers persist. The case of Mthembu and Others v. The State (2019) highlighted these issues, recognizing the rights of IDPs while underscoring the inadequacies in government responses. Many IDPs continue to face obstacles in accessing housing and essential services.
Moreover, a lack of awareness among local authorities regarding their responsibilities under the Kampala Convention can exacerbate the plight of IDPs. During the 2017 xenophobic attacks, for example, many displaced individuals did not receive timely assistance due to insufficient coordination among government agencies, leaving affected communities without access to basic services like healthcare and education.
Moving Forward
In summary, while South Africa has made notable progress in implementing the Kampala Convention, the journey is far from complete. Continuous advocacy, better resource allocation, and enhanced collaboration between government and civil society are essential to overcoming these challenges. Ensuring that the rights and needs of internally displaced persons are met requires concerted efforts from all stakeholders.
As a passionate advocate for social justice, I believe that fostering awareness and improving coordination among various entities can significantly enhance the support provided to IDPs. By leveraging our collective resources and insights, we can pave the way for a more just and equitable society where the rights of all individuals, especially the most vulnerable, are upheld.
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About the Author
Reason Chingisa Baloyi is a dedicated law student at the University of South Africa, pursuing a Bachelor of Laws degree. As a passionate researcher and author, Reason explores diverse topics, fostering critical thinking and informed discourse. With a zest for life, Reason enjoys traveling, immersing herself in diverse cultures, and capturing life’s beauty through photography. Advocating for social justice, she specializes in constitutional law and human rights, drawing inspiration from her vibrant homeland and global experiences.