Ethiopian Federal Laws

PROCLAMATION TO RATIFY THE AFRICAN UNION CONVENTION FOR THE PROTECTION AND ASSISTANCE OF INTERNALLY DISPLACED PERSONS IN AFRICA (KAMPALA CONVENTION)

WHEREAS, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa was adopted in Kampala, Uganda on 22 October 2009;

WHEREAS, the Government of the Federal Democratic Republic of Ethiopia signed the Convention on 22 October 2009;

WHEREAS, the House of Peoples' Representatives of the Federal Democratic Republic of Ethiopia has ratified the said Agreement at its session held on the 13th day of February, 2020;

NOW, THEREFORE, in accordance with article 55 (1) and (12) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

1. Short Title

This Proclamation may be cited as the “African Union Convention (Kampala Convention) for the Protection and Assistance of Internally Displaced Persons in Africa Ratification Proclamation No. 1187/2020.”

2. Ratification of the Agreement

The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa signed by the Federal Democratic Republic of Ethiopia on 22 October 2009 is hereby ratified.

3. Reservations and Declarations entered into the Agreement

1. The Federal Democratic Republic of Ethiopia entered reservations on the following provisions of the Convention:
   1. The Federal Democratic Republic of Ethiopia enters its reservation on Article 12 (2) of the Convention. Compensation is due when displacement results from expropriation procedures. The duty of the state in the case of displacement due to natural and man-made causes is seen within the purview of providing assistance as provided under article 89 of the Constitution and ensuring rehabilitation.
   2. In the event of non-delivery of assistance to displaced populations due to the act or omission of individuals or entities that act in contravention with the law, the Government of Ethiopia understands its obligation under Article 12(3) of the Convention to be the obligation to ensure accountability of the perpetrators and resumption of assistance to the victims.
   3. The Federal Democratic Republic of Ethiopia does not consider itself to be bound by Article 22 of the Convention on the jurisdiction of the African Court of Justice and Human Rights.
2. The Federal Democratic Republic of Ethiopia entered declarations on the following provisions of the Convention:
   1. The Federal Democratic Republic of Ethiopia understands the definition of internal displacement within the definition provided under article 1 (k).
   2. The Federal Democratic Republic of Ethiopia declares the United Nations, the African Union, and other humanitarian organizations may provide protection and assistance to internally displaced persons with prior permission or approval of the government.
   3. The Federal Democratic Republic of Ethiopia understands Article 5(6) of the Convention in light of the Geneva Conventions and the Additional Protocols ratified by Ethiopia. It also construes the roles of international organizations to provide assistance based on the request and the arrangements put in place in consultation with the Government.
   4. The Federal Democratic Republic of Ethiopia declares Article 5(7) of the Convention on the rapid and unimpeded passage of all relief consignments, equipment, and personnel to internally displaced persons will be applied in line with the health, safety, and security preconditions the government puts in place.

4. Implementing Organ

The Ministry of Peace of the Federal Democratic Republic of Ethiopia is given the responsibility to cooperate with other relevant organs to implement and follow-up the Convention.

5. Effective Date

This Proclamation shall come into force upon its publication in the Federal Negarit Gazette.

Done at Addis Ababa, this 13th day of March, 2020

SAHLEWORK ZEWDE
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA