DR Congo on World's Most Neglected Displacement Crises List for Tenth Consecutive Year

The Democratic Republic of Congo (DRC) has appeared on the Norwegian Refugee Council's (NRC) list of the world's most neglected displacement crises for the tenth consecutive year, signaling a deepening humanitarian and legal emergency. This article examines the protracted internal displacement crisis in the DRC through the lens of international and domestic legal frameworks. It highlights the DRC's obligations under international humanitarian law, international human rights law, and regional instruments like the Kampala Convention, contrasting these legal duties with the persistent reality of widespread violations and the challenges in achieving durable solutions for millions of internally displaced persons (IDPs). The analysis underscores the critical need for enhanced national ownership, robust legal implementation, and accountability to address this enduring crisis.

For an unprecedented tenth consecutive year, the Democratic Republic of Congo (DRC) has been identified by the Norwegian Refugee Council (NRC) as one of the world's most neglected displacement crises. This persistent designation underscores a profound and worsening humanitarian catastrophe, with millions of individuals internally displaced due to ongoing armed conflict, intercommunal violence, and other human rights violations. The neglect is not merely a matter of insufficient aid but reflects a systemic failure to uphold fundamental legal protections and address the root causes of displacement.

This article delves into the legal dimensions of the DRC's protracted displacement crisis, providing a comprehensive overview for legal professionals. It will explore the intricate web of international and domestic legal instruments designed to protect internally displaced persons (IDPs), assess the extent to which these frameworks are being implemented in the DRC, and highlight the significant gaps and challenges that contribute to the crisis's enduring nature. Understanding these legal obligations and their practical shortcomings is crucial for advocating for more effective protection and durable solutions.

The central thesis of this article is that despite the existence of a robust international and regional legal framework, and the DRC's nominal adherence to some key instruments, the lack of comprehensive domestic implementation, coupled with persistent conflict and a decline in international assistance, has created a severe protection deficit for IDPs. Addressing this requires a renewed commitment to national ownership, the full domestication of international obligations, and rigorous accountability for perpetrators of displacement-related crimes.

Internally displaced persons (IDPs) are defined as persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border. Unlike refugees, IDPs remain under the legal jurisdiction of their own national authorities. The primary duty and responsibility for providing humanitarian assistance and protection to IDPs lies with national authorities.

The international legal framework governing internal displacement is multifaceted, drawing primarily from international human rights law (IHRL) and international humanitarian law (IHL). Key among these are the Guiding Principles on Internal Displacement (1998), which, while not a binding treaty, restate and compile existing human rights and humanitarian law relevant to IDPs and are widely recognized as the international standard. In Africa, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), adopted in 2009 and entered into force in 2012, is the most comprehensive legally binding instrument specifically addressing IDPs. The Kampala Convention obligates States Parties to prevent arbitrary displacement, protect IDPs during displacement, and provide for durable solutions.

The Democratic Republic of Congo ratified the Kampala Convention in 2014. However, despite this ratification, the DRC has faced challenges in fully depositing the instrument of ratification at the African Union and in domesticating its provisions into national law. This legislative gap means that a comprehensive national legal framework for internal displacement remains under development, hindering the country's ability to effectively advance a strategy for adequate protection and assistance.

The DRC's continued presence on the neglected crises list highlights a critical disjuncture between its legal obligations and the lived reality of its citizens. Under international humanitarian law, forced displacement is prohibited unless absolutely necessary for the security of civilians or imperative military reasons, and widespread or systematic displacement without such justification can constitute a crime against humanity. The International Criminal Court (ICC) has investigated serious crimes in the DRC since 2004, with cases like that of Bosco Ntaganda resulting in convictions for war crimes and crimes against humanity, including the forcible transfer of population. This demonstrates that the international community recognizes forced displacement as a grave international crime, yet accountability remains limited given the scale of the crisis.

Furthermore, the Kampala Convention, which the DRC has ratified, explicitly outlines state obligations to prevent arbitrary displacement, protect IDPs, and ensure humanitarian access. It also mandates states to put in place legal, policy, and institutional frameworks for the protection of IDPs and to allocate resources for these purposes. However, a comprehensive national legal framework for IDPs in the DRC is still under development, and the government has been urged by UN experts to strengthen its national ownership in addressing the crisis, particularly in light of declining international assistance. The UN Special Rapporteur on the human rights of internally displaced persons, Paula Gaviria Betancur, emphasized that the government must lead in ensuring coordinated, accountable responses to internal displacement.

The ongoing conflict in eastern DRC, involving numerous armed groups and government forces, continues to result in severe violations of international human rights law and international humanitarian law, including murder, summary executions, widespread conflict-related sexual violence, forced recruitment of children, and arbitrary detention. These violations directly contribute to and exacerbate the displacement crisis. UN Security Council resolutions, such as Resolution 2808 (2025) and 2765 (2024), consistently recall that the Government of the DRC bears the primary responsibility to protect civilians within its territory, including from international crimes. The persistent failure to adequately protect civilians and address the root causes of displacement, despite these clear legal obligations and international calls, underscores the deepening neglect.

The lack of effective implementation of existing laws and the slow progress in establishing a robust national legal and policy framework for IDPs mean that millions remain vulnerable, often without adequate access to essential services, and facing ongoing protection risks. While efforts to strengthen displacement-related legal and policy frameworks and address root causes through conflict management and land reform have been welcomed, greater state leadership is imperative. The situation is further complicated by the illegal trade in minerals, which finances armed groups and perpetuates the cycle of violence and displacement.

The Democratic Republic of Congo's decade-long presence on the list of most neglected displacement crises is a stark indictment of the collective failure to protect its most vulnerable populations. The legal framework, both international and regional, clearly establishes the DRC government's primary responsibility to prevent arbitrary displacement, protect IDPs, and facilitate durable solutions. However, the persistent gap between these legal obligations and their practical implementation, coupled with ongoing conflict and a decline in international support, has led to a deepening crisis.

For legal practitioners, this situation presents a critical call to action. There is an urgent need to advocate for the full domestication and rigorous enforcement of the Kampala Convention within the DRC's national legal system. Furthermore, sustained pressure must be applied for accountability for all perpetrators of international crimes related to displacement, whether state or non-state actors. Practitioners should monitor the progress of national legislation on IDPs, the effectiveness of government-led strategies for protection and durable solutions, and the international community's commitment to supporting these efforts to ensure that the rights and dignity of millions of displaced Congolese are finally upheld.