Chaloka Beyani Explained

Chaloka Beyani
Birth Date:13 August 1959
Citizenship:Zambia
Occupation:International law scholar
Years Active:1984–present
Notable Works:Protection of the Right to Seek and Obtain Asylum under the African Human Rights System
Human Rights Standards and the Free Movement of People within States
Professor, Dr
Module:
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Office:United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons
Term Start:November 2010
Term End:October 2016
Predecessor:Walter Kälin
Successor:Cecilia Jimenez-Damary
Office2:Expert Advisory Group for the United Nations Secretary General’s High-Level Panel on Internal Displacement
Alongside2:Alexandra Bilak, Walter Kälin, Elizabeth Ferris
Term Start2:December 2019

Chaloka Beyani is a Zambian lawyer and legal scholar, who is an associate professor of international law at the London School of Economics and Political Science (LSE).[1] He has worked and published extensively in the fields of international human rights law, international criminal law and international humanitarian law, as well as on issues relating to humanitarian assistance[2] and population displacements, in particular internal displacement.[3] In 2023 Beyani was nominated by Zambia for election to the International Court of Justice (ICJ). The Netherlands co-nominated Beyani.[4] Zambia had previously put Beyani forth for the 2017 International Court of Justice judges election, but withdrew his name prior to the candidate selection process. If elected, he would have been the first Zambian judge at the ICJ.[5] After five rounds of voting in the Security Council and one round of voting in the General Assembly, Beyani was not elected.[6]

Beyani is a recognized international and United Nations expert on internally displaced persons (IDPs),[7] population transfers, the rights-based approach to development, climate change,[8] sexual and reproductive health, mercenaries and private military companies,[9] making treaties and making constitutions.[10]

His analysis and arguments on the protection of the human rights of IDPs have become highly influential in shaping state policies on the protection of IDPs, especially in Africa.[11]

Early life and education

Beyani was born in Chalimbana and grew up in Sinakoba, Zambia in 1959.

He received an LL.B. degree in 1982 and an LL.M. degree in 1984, both from the University of Zambia.[12] [13]

In 1988, Beyani matriculated at St Cross College of the University of Oxford, to study for a Doctor of Philosophy (D.Phil.) in international law. He later transferred to Wolfson College. His doctoral supervisor was Professor Sir Ian Brownlie, Chichele Professor of Public International Law at All Souls College. He received his D.Phil. degree in 1992.

His D.Phil. thesis was entitled “Restrictions on internal freedom of movement and residence in international law”. A revised version was later published by Oxford University Press.[14] It is considered a “ground-breaking monograph”.

Academic career

Beyani has taught at the London School of Economics since 1996, where he is Associate Professor of Law. There, he teaches International Human Rights Law, International Law and the Movement of Persons within States, and International Law and the Movement of Persons Between States.

He was a Lecturer in Law at the University of Zambia (1984-1988), where he taught international law and human rights. At the University of Oxford (1992-1995) he was a Research Fellow at Wolfson College, with Lectureships in Law at Exeter College and St. Catherine’s College, and a Crown Prince of Jordan Fellow, Queen Elizabeth House (QEH), as part of the Refugee Studies Centre (RSC). He was a Visiting Professor of International Law at the University of Toronto Faculty of Law and at Santa Clara University School of Law.[15] [16]

Beyani has received research grants from the Association of Commonwealth Universities (Academic Fellowship) 1988-1991, the Ford Foundation (1991-1992), the Nuffield Foundation (1990 and 1992) and the Shaler Adams Foundation 1995.

He is an Editor of the Journal of African Law,[17] published by Cambridge University Press on behalf of SOAS University of London and of the International Journal of Refugee Law[18] and, until 2020, of the Journal of International Humanitarian Legal Studies.[19]

Beyani has been a member of the San Remo International Institute of Humanitarian Law since 2009.

He is a member of PeaceRep, an international research consortium led by Edinburgh Law School.[20]

He was a nonresident senior fellow in the Brookings-LSE Project on Internal Displacement at the Brookings Institution.[21]

Legal consulting

Beyani has acted as a legal advisor, consultant and expert to a number of UN entities, including the Office of the High Commissioner for Human Rights, the Office of the High Commissioner for Refugees,[22] the World Health Organization, the United Nations Population Fund and the United Nations Development Fund for Women, and to the European Union (EU), the Commonwealth Secretariat and the African Union (AU).[23] He was a member of the High-Level Panel of Eminent Persons of the African Union on the Formation of an African Union Government and was a member of the 2009 joint AU-EU Ad hoc Expert Group[24] on the Principle of Universal Jurisdiction.

Beyani was among a team of experts appointed by the International Commission on Intervention and State Sovereignty (ICISS) to formulate the 'responsibility to protect'. His role was to examine 'state sovereignty' and 'intervention' in international law. His findings were reflected in the eventual wording of the Responsibility to Protect,[25] which was endorsed by the UN's World Summit of 2005.[26]

As Legal Adviser to the International Conference on the Great Lakes Region, Beyani drafted and negotiated the 2006 Great Lakes Pact on Peace, Stability and Development,[27] with 11 peace treaties under it,[28] including the first legally binding treaty on protection for and assistance to IDPs.

Beyani was a member of the official Committee of Experts that drafted the 2010 Constitution of Kenya.[29]

He was an official mediator between the Government of Mozambique and the armed opposition rebel group RENAMO during the peace process that led to the peace agreement in Mozambique in 2019. He drafted amendments to the Constitution of Mozambique to incorporate the agreement on devolution.

Beyani served as a member of the Commonwealth Elections Observer Group which observed the Kenyan general elections held on August 9, 2022.[30] [31]

Human rights work

In 2005, Beyani was appointed African Union Expert to draft and negotiate the African Union Convention for the Protection and Assistance of Internally Displaced Persons (the Kampala Convention), which was adopted in 2009 and came into force in 2012.[32] [33]

Beyani was appointed United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons by the UN Human Rights Council in 2010.[34] He served until 2016. He published almost 40 reports.[35]

He was Chairperson of the Coordination Committee of Special Procedures of the UN Office of the High Commissioner for Human Rights (OHCHR) from 2013-2014. Its main function is to enhance coordination among UN human rights mandate holders and to act as a bridge between them and the OHCHR, the broader UN human rights framework and civil society.[36]

In 2018, the South Sudan government requested Beyani to provide guidance on key tasks related to the Kampala Convention: assisting in the ratification process, drafting necessary national legislation for implementation, creating a framework for the protection and assistance of IDPs and establishing provisions for sustainable solutions.[37] In June 2019, South Sudan adopted this draft legislation as the Protection and Assistance to Internally Displaced Persons Act 2019.

In 2019, Beyani was invited by the UN and the government of Ethiopia to engage in similar work there.

Beyani was appointed in 2019 as a member of the Expert Advisory Group[38] for the United Nations Secretary General’s High-Level Panel on Internal Displacement.

In 2020 Beyani was appointed by the UN High Commissioner for Human Rights as a member of the UN Independent Fact-Finding Mission on Libya, to document alleged violations and abuses of international human rights law and international humanitarian law by all parties in Libya since the start of 2016.[39] [40] The group presented a number of reports, from 2021 to 2023.[41]

He has been a member of the UK Foreign Secretary’s Advisory Group on Human Rights since 2010.[42] [43]

Selected publications

Books

Journal articles

Chapters in books

Organizations

Beyani is currently a member of the Board of the International Centre for the Protection of Human Rights (INTERIGHTS),[52] and was formerly of the Open Society Justice Initiative and the African Book Trust, and the Council of Oxfam and Minority Rights Group International (MRG).

Notes and References

  1. Web site: Dr Chaloka Beyani . London School of Economics and Political Science . London School of Economics and Political Science . 2023 . September 4, 2023.
  2. Web site: Interview with Dr. Chaloka Beyani, Special Rapporteur on the Human Rights of IDPs . youtube.com . Global Protection Cluster GPC . en . video . May 23, 2013 . September 4, 2023.
  3. Web site: Nairobi workshop on the prohibition of incitement to hatred: Biography of experts . Office of the United Nations High Commissioner for Human Rights . . . September 4, 2023.
  4. Web site: Election of members of the International Court of Justice: list of nominations by national groups . September 4, 2023 . July 7, 2023 . en.
  5. Web site: Professor Chaloka Beyani: Zambia's candidate for ICJ role . Permanent Mission of Zambia to the UN . Permanent Mission of Zambia to the UN . June 4, 2023 . September 4, 2023.
  6. Web site: Five judges elected to United Nations’ top court . UN News . United Nations . 2023 . November 10, 2023.
  7. Web site: Protecting the human rights of refugees and displaced persons . youtube.com . LSE . en . video . December 18, 2014 . September 4, 2023.
  8. Web site: Displacement and climate change in Africa: Chaloka Beyani calls for action . youtube.com . UNICEF Innocenti . en . video . May 30, 2014 . September 4, 2023.
  9. Web site: How To Raise A Private Army: Mercenaries and International Law . youtube.com . LSE . en . video . September 29, 2012 . September 4, 2023.
  10. Web site: Mr. Chaloka Beyani . UN Secretary-General’s High-Level Panel on Internal Displacement . United Nations . . September 4, 2023.
  11. Web site: Protecting the human rights of internally displaced persons . London School of Economics and Political Science . London School of Economics and Political Science . 2021 . September 4, 2023.
  12. Web site: Dr. Chaloka Beyani, former Special Rapporteur (2010-2016) . United Nations Office of the High Commissioner for Human Rights . United Nations Office of the High Commissioner for Human Rights . 2023 . September 4, 2023.
  13. Web site: Faculty - Visiting - 2002-03 – Chaloka Beyani . University of Toronto Faculty of Law . University of Toronto Faculty of Law . . September 4, 2023.
  14. Book: Beyani, Chaloka . Human Rights Standards and the Free Movement of People within States . February 24, 2000 . Oxford University Press . Oxford . 10.1093/acprof:oso/9780198268215.001.0001 . 9780198268215 . September 4, 2023.
  15. Web site: Santa Clara Law 2015 Oxford Faculty . Santa Clara University School of Law . . 2015 . September 4, 2023.
  16. Web site: Dr. Chaloka Beyani, Professor of Law at London School of Economics . WebForum . DCA Group WebForum . 2020 . September 4, 2023.
  17. Web site: Editorial board . Cambridge University Press . SOAS University of London . 2023 . September 4, 2023.
  18. Web site: Editorial Board . Oxford University Press . University of Oxford . 2023 . September 4, 2023.
  19. Web site: Editorial . Journal of International Humanitarian Legal Studies . Brill . June 22, 2020 . September 4, 2023.
  20. Web site: Professor Chaloka Beyani . PeaceRep . Edinburgh Law School . 2023 . September 4, 2023.
  21. Web site: Chaloka Beyani . The Brookings Institution . The Brookings Institution . 2023 . September 4, 2023.
  22. Web site: IDP Protection Expert Group . UN High Commissioner for Refugees . UN High Commissioner for Refugees . November 10, 2023.
  23. Web site: Biographies of the members of the Independent Fact-Finding Mission on Libya . United Nations Human Rights Council . United Nations Human Rights Council . 2023 . September 4, 2023.
  24. Web site: The AU-EU Expert Report on the Principle of Universal Jurisdiction . Council of the European Union . Council of the European Union . September 4, 2023.
  25. Web site: The Responsibility to Protect: A Background Briefing . Global Centre for the Responsibility to Protect . The Graduate Center, CUNY . September 4, 2023.
  26. Web site: Protecting the human rights of refugees and displaced persons . LSE . LSE . 2023 . September 4, 2023.
  27. Web site: Pact on Security, Stability and Development in the Great Lakes Region . UN Peacemaker . UN Department of Political and Peacebuilding Affairs (DPPA) . 2019 . September 4, 2023.
  28. Web site: The Pact on Security, Stability and Development in the Great Lakes Region . The International Conference on the Great Lakes Region . The International Conference on the Great Lakes Region . 2022 . September 4, 2023.
  29. Web site: Profiles of members of the Committee of Experts . dead . https://web.archive.org/web/20111230181744/http://www.coekenya.go.ke/ . 30 December 2011 . September 4, 2023 .
  30. Web site: Commitment to peace must be supported by all in Kenya, says leader of Commonwealth Observer Group . Commonwealth Secretariat . Commonwealth Secretariat . August 3, 2022 . September 4, 2023.
  31. Web site: Dr Chaloka Beyani serves as a member of the Commonwealth Elections Observer Group . London School of Economics and Political Science . London School of Economics and Political Science . August 26, 2022 . September 4, 2023.
  32. Web site: Dr. BEYANI, Chaloka . Office of the High Commissioner for Human Rights . Office of the High Commissioner for Human Rights . 2010 . September 4, 2023.
  33. Web site: The Kampala Convention: Entry Into Force . youtube.com . Brookings Institution . en . video . May 13, 2013 . September 4, 2023.
  34. Web site: UN Special Rapporteur on displaced persons . youtube.com . UN Human Rights . en . video . January 6, 2012 . September 4, 2023.
  35. Web site: United Nations Digital Library . United Nations Digital Library . United Nations Dag Hammarskjöld Library . 2023 . September 4, 2023.
  36. Web site: Coordination Committee of Special Procedures . United Nations Office of the High Commissioner for Human Rights . United Nations Office of the High Commissioner for Human Rights . 2023 . September 4, 2023.
  37. Web site: Dr Chaloka Beyani leads on Human Rights and Internally Displaced Persons in South Sudan . LSE . LSE . March 19, 2019 . September 4, 2023.
  38. Web site: Expert Advisory Group Members . UN Secretary-General’s High-Level Panel on Internal Displacement . United Nations . . September 4, 2023.
  39. Web site: Libya: Bachelet appoints Independent Fact-Finding Mission experts . Office of the High Commissioner for Human Rights . Office of the High Commissioner for Human Rights . August 19, 2020 . September 4, 2023.
  40. Web site: Dr Chaloka Beyani appointed to UN Fact-Finding Mission on Libya . London School of Economics and Political Science . London School of Economics and Political Science . August 21, 2020 . September 4, 2023.
  41. Web site: Independent Fact-Finding Mission on Libya . United Nations Human Rights Council . United Nations Human Rights Council . 2023 . September 4, 2023.
  42. Web site: The Foreign Secretary’s Advisory Group on Human Rights . Foreign, Commonwealth & Development Office . Foreign, Commonwealth & Development Office . September 2, 2020 . September 4, 2023.
  43. Web site: Foreign Secretary announces members of Human Rights Advisory Group . Foreign & Commonwealth Office . Foreign & Commonwealth Office . November 11, 2010 . September 4, 2023.
  44. Web site: Conceptual Challenges and Practical Solutions in Situations of Internal Displacement . Refugee Studies Centre . Forced Migration Review . May 2016 . September 4, 2023.
  45. Web site: The Politics of International Law: Transformation of the Guiding Principles on Internal Displacement from Soft Law into Hard Law . Cambridge University Press . American Society of International Law . 10.1017/S0272503700027270 . February 28, 2017 . September 4, 2023.
  46. Web site: Recent Developments in the African Human Rights System 2004–2006 . Oxford University Press . University of Nottingham . 10.1093/hrlr/ngm022 . July 16, 2007 . September 4, 2023.
  47. Web site: Recent Developments: The Elaboration of a Legal Framework for the Protection of Internally Displaced Persons in Africa . Cambridge University Press . SOAS University of London . 10.1017/S0021855306000155 . November 14, 2006 . September 4, 2023.
  48. Web site: Governance and Human Rights in the SADC Region . 10.10520/EJC32361 . Sabinet . Journal of African Elections . June 1, 2004 . September 4, 2023.
  49. Web site: International Legal Criteria for the Separation of Members of Armed Forces, Armed Bands and Militia from Refugees in the Territories of Host States . Oxford University Press . University of Oxford . 10.1093/ijrl/12.suppl_1.251 . July 12, 2000 . September 4, 2023.
  50. Web site: State Responsibility for the Prevention and Resolution of Forced Population Displacements in International Law . Oxford University Press . University of Oxford . 10.1093/reflaw/7.Special_Issue.130 . May 26, 2016 . September 4, 2023.
  51. Web site: The Needs of Refugee Women: A Human-Rights Perspective . Taylor & Francis . Taylor & Francis . 10.1080/741921812 . July 1, 2010 . September 4, 2023.
  52. Web site: Board of Trustees . INTERIGHTS . INTERIGHTS . . September 4, 2023.

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