T he aim of this section is to outline the legislative, policy, and practice gaps at the international and regional level to protect against and prevent ED in Africa. It is split into two sections. The first part sets out the international and regional level framework that currently exists. The second part focuses on highlighting the areas that a comprehensive ED framework should cover, and examples of the gaps that States should be aiming to close, as well as the challenges that African countries face closing these gaps. As a result, in many countries, justice in respect of ED can only be sought regionally with reference to relevant “overlapping” rights that are already enshrined in the African Charter on Human and Peoples’ Rights or domestic legislation. These include, for example, Articles 4, 5, 6 and 7 of the African Charter (i.e. the right to life, freedom from torture and inhumane treatment, right to liberty and security of person, and a right of recognition before the law). In addition, the following regional instruments and commitments are relevant to victims of ED in Africa, albeit the enforceability of some of these instruments remains patchy and inconsistent: The existing legal frameworks dealing with ED in Africa • Article 9(1)(c) of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the “Kampala Convention”) obliges State parties to protect the rights of internally displaced persons by refraining from, and preventing, the following acts, amongst others, “arbitrary killing, summary execution, arbitrary detention, abduction, enforced disappearance or torture….”.267 At the time of writing, 31 countries have ratified the Kampala Convention.268 The Kampala Convention is legally binding on the States that have ratified it. The international frameworks The 1992 Declaration was adopted by the UN General Assembly (UNGA) in an effort to give specificity to the issue of ED and the steps that States should be taking to prevent it.265 The ICPPED came into force in 2010 and outlines the legal obligations of States to protect, prevent, prosecute and provide reparations to victims of ED (see sub-section 4.1.2 above). At the time of writing, 17 African countries have ratified the ICPPED. • Article 4(g) of the Economic Community of West African States (“ECOWAS”) Treaty, whilst not specifically providing a distinct avenue for preventing ED, incorporates the African Charter on Human and Peoples’ Rights.269 This provision of the Treaty binds the member States to “affirm and declare adherence” to the “recognition, promotion and protection” of the rights found in the African Charter when pursuing the objectives of the ECOWAS Treaty.270 To further this objective, the ECOWAS Court has jurisdiction to provide for relief for human rights violations deriving from the African Charter, the UDHR and the ICCPR.271 There are, however, no ECOWAS specific legal instruments relating to ED. Finally, the Rome Statute of the International Criminal Court defines ED, but recognises it in the context of the narrower scope of crimes against humanity (i.e. to the extent carried out as part of a widespread and systematic attack against a civilian population). To date, 33 African States are parties to the Rome Statute.266 The regional frameworks Regarding Africa-specific instruments, the African human rights system currently does not have a single legal instrument on ED; indeed, the ACHPR does not expressly address ED in any of its guidance. 265 Please refer to paragraphs 4.1.1 and 6.1.1 above for more detail on the 1992 Declaration, which is of persuasive and aspirational value, but is not binding on States. 266 International Criminal Court, The State Parties to the Rome Statute, accessed 17 May 2021. 267 UNHCR, African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted on 23 October 2009, Article 9 (1) (c). 268 African Union, List of countries which have signed, ratified or accepted the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), 18 June 2020. 269 Economic Community of West African States (“ECOWAS”), Revised Treaty, Article 4. 270 ECOWAS currently consists of the following 15 member states: Benin, Burkina, Cabo Verde, Côte d'Ivoire, The Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo. The objectives of ECOWAS are wide ranging. Its overarching aim is to increase integration between the member states. This is done through a number avenues, such as economic activities, as well as social and cultural matters. 271 ECOWAS, Supplementary Protocol A/SP.1/01/05 of 19 January 2005 on the Court of Justice, Article 4. Noting that a requirement for the ECOWAS Court to have jurisdiction is that the individual bringing the claim must not have a separate action pending before another international court. 41