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NOVEMBER- DECEMBER 2021

African news, analysis and comment

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COVER STORY

Internally displaced persons in South Sudan

to address most of these challenges has

drastically diminished, as evidenced

by limited engagement by international

actors to move beyond the provision

of humanitarian assistance; and lack

of dedicated financial resources aimed

at addressing protracted displacement

or preventing new displacement from

becoming protracted.

International law has reaffirmed

that states have certain obligations

towards their citizens, and they cannot

treat their population as they wish with

impunity in the name of sovereignty.

States are required to extend protection

to such vulnerable groups of people

displaced within their countries without

discrimination.

Indeed, it is based on this recognition

of state obligation that the doctrine

of responsibility to protect emerged.

The doctrine recognises the primary

responsibility of states and calls upon them

to take all measures to fulfil this duty by

protecting their own people against atrocity

crimes, including war crimes, crimes

against humanity or genocide. A right to

be protected from human rights violations

and atrocity crimes also extends to those

displaced.

There are a wide range of international

and regional legal instruments that govern

forced displacement. Most notably the

1951 UN Convention Relating to the Status

of Refugees, which defines a refugee as a

person who, owing to well-founded fear

of being persecuted for reasons of race,

religion, nationality, membership of a

particular social group or political opinion,

is outside the country of his nationality

and is unable or, owing to such fear, is

unwilling to avail himself of the protection

of that country.

This Convention has subsequently been

complemented by the 1967 Additional

Protocol and the 1969 Organisation of

African Unity Convention that expanded

the definition of a refugee to include not

only those fleeing persecution but also

those who flee their homelands “owing to

external aggression, occupation, foreign

domination or events seriously disturbing

public order.”

Drawing on international refugee,

human rights, and humanitarian law,

myriad legal and institutional framework

have evolved over time to cover a

In Tigray, more than a

million people have been

displaced

widening array of persons in need of

assistance and protection. Humanitarian

and human rights laws, in conjunction with

the example set by the OAU Convention

AFRICA BRIEFING NOVEMBER - DECEMBER 2021 11

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