Instrument
Type
Date
Scope /
Notes
Key Provisions
AU State
Parties
IGAD
Protocol on
Free
Movement
Regional
protocol
2012
East African
free
movement.
Visa-free
arrangements
among member
states.
IGAD
members.
SADC
Protocol on
Movement
Regional
protocol
2005
Southern
African
movement.
States reaffirm
SADC
commitment to
members.
international refugee
conventions.
Sources: UN treaty databases; AU Commission; UNHCR; scholarly analyses.
2.2.2
African Union and Subregional Instruments
Regionally, the landmark 1969 OAU Convention on Refugees (now under the AU) explicitly
broadens the refugee definition to include those fleeing "events seriously disturbing public order".18
This covers persons escaping civil war, occupation, or large-scale violence (common in
Africa) thus granting de facto asylum to conflict-displaced people not captured by 1951 Convention
criteria. The 1969 OAU Convention remains binding on all AU members and has no geographic
limitation, giving Africa a continent-specific refugee framework that complements global law.
The 2009 AU Kampala Convention on IDPs is the first binding continental treaty on internal
displacement.19
It incorporates the Guiding Principles and specifically addresses African contexts (e.g.,
armed conflict, natural disasters, development projects). Key provisions include State duties to
prevent arbitrary displacement, and to protect IDPs' rights.
Notably, Kampala mandates that States establish "simplified procedures" for resolving IDP
land/property disputes, and to "restore the lands of communities with special dependency and
attachment" upon return.20 It also requires effective remedies (compensation or reparations) for
harms suffered due to displacement.21
In practice, Kampala's focus on remedy rather than automatic restitution reflects Africa's
complex land tenure systems.22
In February 2024, the AU Assembly agreed on a Protocol to the African Charter on Human
and Peoples' Rights on the Right to a Nationality (an "AU Statelessness Protocol") aimed at
18 OAU Convention (n 2), art 1(2).
19 Kampala Convention (n 3). See Brookings Institution, "What Does the Kampala Convention on Internal
Displacement in Africa Mean for Housing, Land and Property Restitution?" (2013),
https://www.brookings.edu/articles/what-does-the-kampala-convention-on-internal-displacement-in-africamean-for-housing-land-and-property-restitution/.
20 Kampala Convention (n 3), arts 11–12; Brookings Institution (n 19).
21 Kampala Convention (n 3), art 12(2); Brookings Institution (n 19).
22 Brookings Institution (n 19) (discussing the tension between restitution and compensation approaches
under Kampala given complex African land tenure arrangements).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents