By Katie Nguyen and Frank Nyakairu

KAMPALA (AlertNet) - The African Union (AU) has produced a major achievement in drawing up a pact providing rights to millions of the continent's internally displaced people, but ensuring that all parties respect the landmark convention will be a big challenge, the International Committee of the Red Cross said.

Africa hosts some 12 million internally displaced people (IDPs) -- almost half of the world's IDP population - who have been uprooted because of conflict and natural disasters.

Unlike refugees, who have fled another country and have a global UN agency dedicated to protecting them, IDPs sheltering in makeshift camps, shanty towns or scattered in local communities receive little or no protection.

The convention, which integrates the main aspects of international humanitarian law, would for the first time oblige AU states to prevent displacement, come up with long-lasting solutions to the causes of displacement and provide IDPs with basic rights.

"That the African Union has succeeded in negotiating a convention on an issue which for us is one of the biggest humanitarian issues ... is a major achievement," ICRC President Jakob Kellenberger told AlertNet on the sidelines of an AU summit on refugees, returnees and internally displaced.

"As a political act it's of major importance," he said.

AU heads of states meeting at the summit in Kampala on Thursday and Friday are widely expected to adopt the treaty - the first legally binding agreement on internal displacement with a continental scope. However, 15 states out of the AU's 53 must ratify the Convention for it to come into force.

Among the heads of states attending the summit are Zimbabwe's President Robert Mugabe and Somali President Sheikh Sharif Ahmed.

International aid officials and civil society groups have welcomed the AU for addressing an issue African leaders say hampers development and causes instability, and hope that other regions may follow suit.

COMPLIANCE MECHANISM

Despite the applause, implementation is a key concern. Many Africans have questioned whether their governments will live up to the obligations as set out by the pact when leaders across the continent disregard their own constitutions.

Kellenberger said the agreement lacked a detailed compliance mechanism -- common to practically all conventions in international law.

But he said an article stipulating regular reviews of the pact and countries' adherence to it was a good start.

"It's clear you cannot force compliance but by having a yearly review, you are putting pressure," he said. "It is not a mechanism that would lead directly to sanctions but it is creating pressure for compliance."

Kellenberger said another challenge was ensuring that "non-state armed groups" - diplomatic jargon for rebel groups - would respect the convention, which also details their responsibility to protect and assist IDPs.

Under the agreement, rebel groups would be bound to ensure freedom of movement, security, sanitation, food, water, health and shelter for IDPs. The pact would also prohibit them from recruiting children or force them to fight.

Kellenberger said the incIusion of such armed groups was important for the credibility of the Convention, even though they are not signatories to it.

"Had you a convention that was only establishing the obligations of the states you would leave out a very important part. It's very important that you have an article making clear that armed groups are also bound by these rules," he said.

"But ensuring respect is a big challenge but not only in the framework of this convention, and not only in Africa," he added.

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