The Minimum Core to the Right to Humanitarian Assistance: The African Union Approach

<p dir="ltr">This thesis critically examines the normative and practical challenges related to the implementation of the right to humanitarian assistance for internally displaced persons (IDPs) under Article 9(2)b of the Kampala Convention adopted by the African Union (AU). This thesis comprehensively analyses states’ obligations and responsibilities regarding the right to humanitarian assistance under Article 9(2)b of the Kampala Convention. This provision obligates states to provide adequate humanitarian assistance to the fullest practical extent and with the least possible delay to IDPs. The thesis applies Article 31 of the Vienna Convention on the Law of Treaties (VCLT) to interpret the meaning of the phrase ‘shall provide to the fullest extent practical and with the least possible delay, adequate humanitarian assistance.’ The thesis further applies the concept of minimum core obligation to illustrate the obligation of conduct (to the fullest practicable extent and without delay) and the obligation of result (realisation of adequate humanitarian assistance). The thesis primarily focuses on the immediate implementation of the right to humanitarian assistance to IDPs by applying the concepts of the obligation of conduct (to take steps) and the obligation of result (adequate humanitarian assistance). Notably, the Kampala Convention does not establish or designate a specific organisation to implement the protection and assistance of IDPs. Instead, the drafters adopted a collaborative approach, allowing member states to facilitate the protection and assistance of IDPs working with non-state actors such as the AU and other international organisations. This thesis analyses the monitoring compliance and enforcement by examining the judicial and non-judicial mechanisms stipulated under the Kampala Convention. Lastly, the thesis investigates the challenges and prospects of internalising the Kampala Convention within the jurisdictions of Kenya, Nigeria and Ethiopia. The thesis recommends the use of indicators to determine compliance with the obligations under Article 9(2)b of the Kampala Convention. Also, the thesis recommends the creation of hybrid courts as a judicial mechanism to enforce the implementation of the Kampala Convention.</p>