Chapter 1
1.1 Background of the Study
Internal displacement is a significant issue in Nigeria, with millions of citizens forced to
flee their homes due to various factors while remaining within the country's borders.
Nigeria has one of the largest internally displaced populations in the world, particularly
in regions ravaged by conflict and environmental disasters. As of 2023, it is estimated
that over 2.9 million people are internally displaced in Nigeria. These individuals, known
as Internally Displaced Persons (IDPs), are victims of conflicts, terrorism, natural
disasters, and other causes of forced displacement but do not cross international
borders, distinguishing them from refugees. Internal displacement is particularly acute in
the northeastern region of Nigeria, which has been plagued by the Boko Haram
insurgency for over a decade, and in the Middle Belt region, where farmer-herder
clashes over land and resources have displaced thousands.1
Internal displacement in Nigeria has far-reaching consequences for both the displaced
individuals and the broader Nigerian society. The situation poses significant
humanitarian, legal, and institutional challenges, with many IDPs living in overcrowded
and under-resourced camps where they lack access to basic needs such as food, clean
water, healthcare, and education.2Furthermore, the Nigerian government faces critical
1
2
International Organization on Migration; nigeria displacement tracking Matrix, 2023
NEMA, Displacement in Nigeria, A Humanitarian Crisis 202
gaps in its legal and institutional framework, limiting its ability to adequately respond to
the crisis.
The complexity of internal displacement in Nigeria is underscored by the interplay of
conflict, socio-economic conditions, and governance issues. The country has
experienced a series of violent conflicts, communal clashes, and natural disasters, all of
which contribute to a persistent cycle of displacement. The presence of IDPs has not
only created humanitarian challenges but has also strained local resources and affected
the socio-political fabric of communities across Nigeria .3
In addition to conflict-driven displacement, natural disasters such as flooding and
desertification exacerbate the situation. Regions such as the Niger Delta and the Middle
Belt are particularly vulnerable to both environmental and man-made crises.4 The
Nigerian government, alongside international organizations and non-governmental
organizations (NGOs), has attempted to address the plight of IDPs through various
initiatives; however, these efforts often fall short due to bureaucratic inefficiencies and a
lack of coordinated response.5
The Boko Haram insurgency, which began in 2009, is the most significant factor
contributing to internal displacement in Nigeria. This extremist group has engaged in
widespread violence, including mass killings, abductions, and the destruction of homes
and infrastructure. As a result, millions have been displaced from their communities,
3
International Organization for Migration, Nigeria Displacement Report issue 41 (2023)
United Nations Environment Programme (UNEP), environment degradation and displacement in Nigeria
2022
5
National Emergency Management Agency Annual report 2021
4
particularly in northeastern Nigeria .6 The insurgency has not only caused immediate
displacement but has also led to long-term insecurity, forcing individuals and families to
abandon their homes and livelihoods.7
In addition to Boko Haram, other conflicts, including herder-farmer clashes, have
contributed to internal displacement. These clashes, primarily driven by competition for
resources such as land and water, have escalated in the Middle Belt and north-central
regions of Nigeria .8 Ethnic and religious tensions have further fueled these conflicts,
creating a volatile environment that leads to displacement.9
Climate Change and Environmental Degradation: Nigeria is increasingly affected by the
adverse impacts of climate change, contributing to internal displacement. Rising
temperatures and erratic rainfall patterns have disrupted agricultural production, which
is the primary source of livelihood for many Nigerians. The northern regions of Nigeria
face desertification, leading to diminishing agricultural lands and increased competition
over resources .10
Additionally, extreme weather events, such as heavy rainfall and flooding, have caused
significant damage to communities. For example, the 2012 flooding in Nigeria affected
millions, destroying homes, crops, and infrastructure, displacing thousands.11 Climate-
6
International Organization for Migration, Nigeria Displacement Report Issue 41 2023
Amnesty International Nigeria: Human Rights Impact of Boko Haram Insurgency 2020
8
United Nations High Commissioner for Refugees, Herder-Farmer Conflict Displacement in Nigeria 2021
9
Ibid.
10
UNEP, Environment Degradation and Displacement i Nigeria 2021
11
National Emergency Management Agency, Annual Report 2021
7
induced displacement not only affects those who lose their homes but also creates
challenges for host communities that must accommodate incoming IDPs.12
Beyond climate change, Nigeria is prone to various natural disasters, including flooding
and erosion. These disasters often displace communities with little warning. For
instance, the annual floods in states like Benue and Kogi have become more severe,
leading to significant displacement .13 The lack of effective disaster preparedness and
response mechanisms has exacerbated the plight of IDPs in Nigeria.14
Urbanization and infrastructural development projects have also contributed to internal
displacement in Nigeria. Large-scale projects such as road construction, dam building,
and urban renewal often displace communities without adequate resettlement options .
The lack of proper planning and consultation with affected communities results in social
dislocation and economic hardship for those displaced.15
The socioeconomic and political impacts of internal displacement in Nigeria are
profound and multifaceted. Displacement affects not only the displaced individuals and
families but also the host communities and the broader national context.
Internally displaced persons often lose their livelihoods, leading to increased poverty
and dependence on humanitarian aid. Many IDPs have abandoned their agricultural
activities, which were their primary source of income. This shift can result in a significant
12
UNEP Environment Degradation and Displacement in Nigeria 2022
National Emergency Management agency, Flood Risk Assessment Report 2021
14
Ibid
15
World Bank, Urbanization and Development in Nigeria 2020
13
loss of agricultural production, affecting food security and local economies.16 The
economic burdens faced by IDPs also strain host communities, which must share
limited resources and services with an influx of new residents.17
The living conditions for many IDPs are dire, especially for those residing in
overcrowded camps or informal settlements. Access to basic services such as clean
water, sanitation, and healthcare is often limited, leading to increased vulnerability to
diseases .18 The lack of educational opportunities for displaced children can have longterm consequences for their development and future prospects.19
Moreover, the social fabric of communities is often disrupted as IDPs are forced to
adapt to new environments. The competition for resources between IDPs and host
communities can lead to tensions and conflicts, further complicating the humanitarian
response.20
Internally displaced persons often face challenges in participating in political processes,
such as voting. The loss of identification documents and the inability to register in their
new locations can disenfranchise them.21 This lack of political representation can result
in the marginalization of IDPs and their needs in policy discussions.22
Additionally, the presence of large IDP populations can create governance challenges
for local and national authorities. Managing the needs of displaced populations requires
16
Food and Agriculture Organization , Impact of displacement on agricultural Output in Nigeria 2022
Ibid.
18
Me’decins Sans Frontier, health Challenges in IDP Camps in Nigeria 2022
19
United Nations Children's Fund, education and Displacement in Nigeria 2021
20
UNHCR, IDP Community Tensions in Nigeria 2021
21
UNHCR, Voting Rights and IDPs in Nigeria 2019
22
NHRC, Voting rights and IDPs in Nigeria 2019
17
coordination among various governmental and non-governmental actors, which can be
hampered by corruption, inefficiency, and lack of political will.23 The failure to address
the needs of IDPs can lead to social unrest and further destabilize affected regions. 24
This research holds significant importance in contributing to a better understanding of
the complex landscape of internal displacement in Nigeria.By examining the
multifaceted nature of internal displacement in Nigeria, this research contributes to a
deeper understanding of the challenges faced by IDPs. It highlights the interplay
between conflict, climate change, and governance issues, providing insights that can
inform future policy interventions.25
This research aims to identify the gaps in Nigeria’s legal and institutional frameworks
for protecting IDPs. Currently, Nigeria lacks comprehensive legislation specifically
addressing the rights and protections of IDPs.26 This research seeks to highlight these
deficiencies and propose legal reforms that can strengthen the protection of
displacement.The plight of IDPs in Nigeria is often characterized by human rights
violations, including the right to housing, health, and education.27 By focusing on the
human rights dimensions of internal displacement, this study seeks to raise awareness
about the urgent need for accountability and the protection of vulnerable populations.
The findings of this research will provide valuable insights for policymakers,
humanitarian organizations, and civil society actors engaged in addressing internal
23
Amnesty International Nigeria:Governance and humanitarian response 2020
Ibid
25
IOM,Nigeria displacement issue 41, 2023
26
NHRC, IDPs Legal Framework Report 2020
27
UNHCR, IDPs Human Rights Report 2022
24
displacement. By proposing evidence-based recommendations, this study aims to
contribute to the formulation of more effective policies and programs that can enhance
the protection and welfare of IDPs.
This study contributes to the existing body of literature on human rights, humanitarian
law, and governance in Nigeria. By analyzing the legal and institutional frameworks
governing IDPs, this research fills a gap in the academic discourse and provides a
foundation for future research on related topics .
The lessons learned from the Nigerian context can have implications for other countries
facing similar displacement crises. As the number of IDPs continues to rise globally,
understanding the factors contributing to displacement and identifying effective
responses are crucial for addressing this humanitarian challenge .
In summary, the study of internal displacement in Nigeria is not only significant for
understanding the immediate needs of displaced populations but also for addressing the
underlying structural factors contributing to this crisis. By providing a comprehensive
analysis of the legal and institutional frameworks, this research aims to inform better
responses and promote the protection of the rights of internally displaced persons.
1.2 Statement of the Problem
Despite the alarming rate of internal displacement in Nigeria, the legal and institutional
frameworks designed to protect internally displaced persons (IDPs) in Nigeria are
severely lacking. Although the Constitution of the Federal Republic of Nigeria 1999 as
amended provides for the protection of human rights, including the right to life, dignity,
and right to ownership of property, it does not specifically address the rights and needs
of IDPs. This oversight creates a legal vacuum that leaves many displaced individuals
without the protections they urgently require.28
One of the most critical gaps is the absence of a dedicated national law governing the
rights and protections of IDPs. While Nigeria ratified the African Union's Kampala
Convention on the Protection and Assistance of Internally Displaced Persons in Africa in
2012, domestic implementation remains weak.29 The Kampala Convention emphasizes
the rights of IDPs and the responsibilities of states to protect them; however, Nigeria
has not enacted specific legislation to operationalize these commitments. This lack of
legislative backing limits the ability of IDPs to claim their rights and seek redress for
violations 30.
The institutional framework for addressing internal displacement is fragmented and
often poorly coordinated. While the National Emergency Management Agency (NEMA)
is tasked with coordinating responses to disasters and displacement, its effectiveness is
hampered by inadequate resources, lack of training, and bureaucratic inefficiencies.31
Other agencies, such as the State Emergency Management Agencies (SEMAs), often
operate without clear guidelines or collaboration with civil society organizations (CSOs)
and humanitarian actors, leading to gaps in service delivery and support for IDPs . 32
28
International Organization for Migration, displacement Tracking Matrix 2023
UNHCR, Global Trends: Forced Displacement in 2021/2022
30
Gubadu, S “The Humanitarian Crisis of Internally displaced Persons In Nigeria”Journal of Humanitarian
assistance 2021
31
National Emergency Management Agency,Annual Reporton Internally Displaced Persons Management
2022
32
Uche, C, “Conflict, climate Change and Internal Displacement in Nigeria,” africa Security Review 2020
29
The legal system in Nigeria poses additional challenges for IDPs seeking justice for
rights violations. Many displaced individuals face barriers in accessing legal assistance,
which is compounded by the lack of legal aid services tailored for IDPs. Furthermore,
the judiciary may be inaccessible to IDPs due to geographic, financial, or social factors,
preventing them from seeking redress for grievances such as forced evictions or human
rights abuses .33
Another significant gap in Nigeria’s framework for protecting IDPs is the lack of
comprehensive data collection and monitoring mechanisms. Effective protection and
assistance require accurate and up-to-date information about the number, needs, and
locations of IDPs. However, data collection on internal displacement is often
inconsistent, leading to a lack of targeted interventions and the inability to assess the
effectiveness of existing programs.34
The Nigerian government's response to the challenges posed by internal displacement
has been criticized for being reactive rather than proactive. While there have been
efforts to provide assistance and protection to IDPs, these initiatives often fall short of
addressing the underlying causes of displacement or providing durable solutions.35
In the face of ongoing crises, the Nigerian government has established various
emergency response mechanisms, including the establishment of IDP camps and
distribution of humanitarian aid, NEMA the Ministry of Humanitarian Affairs, along with
Okwor, E., “Disaster Management and the Politics of Displacement in Nigeria,” Nigeia Journal of
Political Science 2019
34
Nigerian Bureau of Statistics, Poverty and Inequality In Nigeria 2021
35
Save the Children, Education in Emergencies: Nigeria 2022
33
NGOs and international organizations, has provided food, shelter, and medical
assistance to displaced populations. However, these responses are often inadequate
and poorly coordinated.36 For example, many IDPs have reported receiving insufficient
food supplies or inadequate healthcare, highlighting the gaps in the government's
emergency response efforts.37
The Nigerian government has developed several policy frameworks to address internal
displacement, such as the National Policy on Disaster Management and the National
Action Plan for the Protection of IDPs. However, these frameworks often lack effective
implementation strategies and monitoring mechanisms. The absence of concrete
timelines and accountability measures hampers progress in addressing the needs of
IDPs and ensuring their rights are upheld.38
The Nigerian government has engaged with international partners, including the United
Nations and various NGOs, to respond to the displacement crisis. These partnerships
have facilitated humanitarian assistance and brought attention to the plight of IDPs. 39
However, the effectiveness of these collaborations is sometimes undermined by
bureaucratic obstacles, corruption, and a lack of genuine commitment to implementing
agreed-upon initiatives .
The government’s response to internal displacement has often prioritized security
concerns over humanitarian needs.40 The ongoing conflict in the northeastern states
36
Okwor, E., disaster Management and the Politics of Displacement in Nigeria 2019
Nigeria Bureau of Statistics, Poverty and Inequality in Nigeria 2021
38
Save the Children, Education in Emergencies: nigeria 2022
39
World health Organization, Health Situation in Internally Displaced Populations 2023
40
Internally displacement Monitoring Center , nigeria: Overview of internal Displacement 2023
37
has led to a militarized approach to displacement, where the emphasis is on combating
insurgency rather than addressing the rights and needs of displaced individuals. This
has resulted in IDPs facing further marginalization and insecurity within the camps and
host communities41.
Many IDPs live in overcrowded camps or informal settlements with limited access to
basic services such as clean water, sanitation, healthcare, and education. The
conditions in these camps are often dire, with inadequate shelter and insufficient food
supplies. For example, in some camps in Borno State, reports indicate that IDPs lack
access to basic sanitation facilities, leading to the spread of diseases like cholera and
diarrhea . Furthermore, access to healthcare is often limited, with many IDPs unable to
obtain necessary medical treatment for chronic conditions or maternal health services.42
Displaced individuals often face social exclusion and stigmatization in host
communities. Tensions may arise between IDPs and host communities over limited
resources, leading to further marginalization of displaced individuals. This social
dynamic can prevent IDPs from fully integrating into their new environments, limiting
their access to job opportunities, education, and social services. 43 Additionally, the
psychological impact of displacement, including trauma and loss, further complicates
their ability to rebuild their lives.44
41
Amnesty International, Nigeria, We are all Suffering: The Impact of Covid-19 on IDPs 2021
Okwor, E., “Disaster management and the Politics of displacement in Nigeria” 2019
43
Nigeria Bureau of statistics, Poverty and Inequality in Nigeria 2021
44
Uche, C., “Conflict, Climate Change, and Internal Displacement in Nigeria,” 2020
42
Many IDPs encounter significant barriers in seeking legal protection and justice. As
mentioned earlier, the lack of legal aid and support services makes it challenging for
IDPs to navigate the legal system.45 Furthermore, widespread corruption within the
judicial system can deter IDPs from pursuing justice for rights violations, including
gender-based violence and forced evictions.46 The fear of retribution or stigmatization
also prevents many IDPs from reporting abuses, resulting in a culture of silence around
these issues.47
The loss of identification documents during displacement poses a significant barrier to
accessing essential services and legal protections. Many IDPs find it difficult to obtain
new identification documents due to bureaucratic hurdles or the lack of awareness
about their rights. This lack of documentation can prevent them from accessing
healthcare, education, and social services, further perpetuating their vulnerability.48
IDPs often face ongoing security threats, both within and outside the camps. Reports of
violence, abuse, and exploitation are common in IDP camps, with women and children
particularly vulnerable to gender-based violence.49 The lack of adequate security
measures and protection mechanisms exacerbates the risks faced by IDPs, making
them even more reliant on humanitarian assistance for safety and support.50
45
Amnesty International, Nigeria: We are All Suffering: The Impact of Covid-19 on IDPs 2021
Al Jazeera, “Boko Haram Displacement Crisis in Nigeria 2022
47
Save the Children, Education in Emergencies, Nigeria 2022
48
World Health Organization, Health Situation in Internally Displaced Populations 2023
49
Nigeria Bureau of statistics, Poverty and Inequality in Nigeria 2021
50
Internal Displacement Monitoring Center, Nigeria: Overview of Internal Displacement 2023
46
In conclusion, the gaps in Nigeria’s legal and institutional framework for protecting
internally displaced persons highlight the urgent need for comprehensive reforms. The
government's responses to displacement challenges have often been reactive and
insufficient, failing to address the underlying causes and long-term needs of IDPs.51
Furthermore, the challenges faced by IDPs in accessing protection, services, and
justice emphasize the need for a coordinated and multi-faceted approach to address
their plight. By prioritizing the rights and well-being of IDPs, Nigeria can work towards a
more effective and humane response to this pressing humanitarian crisis.
1.3 Research Questions
1. What are the legal frameworks protecting IDPs in Nigeria?
2. To what extent do existing institutions manage IDP issues, and where do they
fail?
3. What are the legal and institutional challenges that hamper the protection of IDPs
in Nigeria?
51
Gubadu, S. “The Humanitarian Crisis of Internally Displaced Persons in Nigeria”
1.4 Aims and Objectives of the Study
The major aim of this research is to examine the causes, management and the
adequacy of the legal and institutional framework for protecting Internally displaced
Persons in Nigeria. The objectives of this study include:
1. Analyze Nigeria’s compliance with international legal instruments.
2. Assess the effectiveness of institutions like NEMA in managing IDPs.
3. Identify gaps in the implementation of policies.
1.5 Significance of the Study
This dissertation intends to assist in the prevention and reduction and protection of
Internally displaced persons in Nigeria by examining the national and institutional
frameworks on Internally displaced persons, identifying gas in the Nigeria national
statutes and policy on internally displaced persons. This study identifies the causes,
impact and obstacles and inadequate protection faced by Internally displaced persons
in Nigeria. This thesis will be a reference point to students, scholars and Human rights
activists who are seeking a better understanding of the devastating impact of
inadequate protection of Internally displaced persons.
While this thesis does not necessarily provide the final solution to all the problems
arising out of internal displacement in Nigeria, it is anticipated that it will make a worthy
contribution to addressing the legal questions and more importantly, provide a sound
basis for further discussion on the importance of protection for internally displaced
persons in Nigeria.
1.6 Scope of the Study
Firstly although Internal displacement is a global phenomenon, this dissertation has a
focus on the legal and institutional framework on internally displaced persons in Nigeria.
This dissertation borders on the challenges, risk and inadequate policy confronting IDPs
in Nigeria. This dissertation was examined through the lenses of both International and
regional instruments, however Nigerian \laws remain dominant with the objective of
suggesting recommendations to enhance efforts to protect internally displaced persons.
Various aspects of IDPs have been studied in this literature from different perspectives,
including political, legal and socio-cultural however as a legal research project , this
dissertation is focused solely on the legal and institutional dimension and how they
impact IDPs in Nigeria.
The researcher experienced a lot of limitations ranging from financial constraint, access
to valuable materials and also difficulty in combining family life, work and studies.
1.7 Research Methodology
The scope of this research encompasses the doctrinal research methodology, this
research is based on analyzing primary and secondary sources of applicable laws to
IDPs including international conventions and instruments in particular the the 1999
Constitution of the Federal Republic of Nigeria as amended and other relevant legal and
policy instruments relevant for the protection of IDPs such as Childs Right Act, National
Emergency Management Act, Federal Ministry of humanitarian Affairs and Social
Development.Secondary sources were also perused such as textbooks, online articles
by individuals and organizations, law journals, online newspapers, peer review articles,
conference papers, interview, reports and other studies published online.
1.7.1 Data Sources
The sources of data used for the study will include primary and secondary sources.
These are further discussed as follows:
1.7.1.1 Primary Sources
Primary data will be obtained from relevant institutional and other stakeholders by
getting the views of respondents on various questions relating to the legal and
institutional framework on IDPs in Nigeria.
1.7.1.2 Secondary Sources
Secondary data will be obtained from books, journals, newspapers, official publications,
seminars and conference papers, lecture, policy papers, magazines as well as the
internet. Data will also be collected from various libraries.
CHAPTER TWO
2.1 Conceptual Framework
Understanding the concepts central to this dissertation is crucial for a comprehensive
analysis of the legal and institutional framework governing internally displaced persons
(IDPs) in Nigeria. This section provides definitions of key terms, including Internally
Displaced Persons (IDPs), Refugees, Stateless Persons, and Protection.Refugees
2.1.1 Refugees
Refugees are individuals who have fled their country of origin due to a well-founded fear
of persecution based on factors such as race, religion, nationality, membership in a
particular social group, or political opinion. The plight of refugees is a significant
humanitarian concern, as they often face numerous challenges in seeking safety and
rebuilding their lives.52
The definition of a refugee is primarily governed by international law, particularly the
1951 Refugee Convention and its 1967 Protocol. According to Article 1 of the
Convention, a refugee is a person who is outside their country of nationality which is a
major factor that distinguishes Refugees from Internally displaced Persons.53 Refugees
have crossed international borders to seek safety in another country based on wellfounded fear of persecution. This fear must be based on legitimate grounds, such as
race, religion, nationality, membership of a particular social group, or political opinion.54
The persecution can come from the state or non-state actors, such as armed groups or
community members who are unable or unwilling to return. Refugees often cannot
safely return to their home country due to the risk of further persecution or violence.55
Refugees are amongst the most vulnerable people in the world. 56 The Refugee
Convention outlines the legal protection, rights and assistance a refugee is entitled to
receive. It outlines the basic minimum standards for the treatment of refugees including
the right to housing, work, education while displaced so they can lead a dignified and
independent life.57 It also outlines a refugees obligation to their host country and
specifies certain categories of people such as war criminals who do not qualify for
refugee status58.
52
UNHCR, Global trends: Forced Displacement 2022.
The 1951 Refugee Convention and its 1967 Protocol
54
Ibid
55
UNHCR, Protection Guide 2022
56
UNHCR, Global trends: Forced Displacement 2022
57
The 1951 Refugee Convention
58
Ibid
53
The UNHCR serves as the guardian of these instruments and assists governments
translate them into national law to ensure refugees are protected. The core principle of
the Convention is non-refoulement which asserts that a refugee should not be returned
to a country where they face serious threat to their life or freedom.
The Convention also details the legal obligations of the States that are signatories to the
instrument. To date 146 Countries are a party to the convention.
Regional instruments that complement the Convention and have built upon its definition
by referencing a number of objective circumstances compelling refugees to flee their
countries of origin is the 1969 OAU Refugee Convention includes external aggression,
occupation, foreign domination or even seriously disturbing public order.
In Nigeria NCFRMI is saddled with the responsibility of providing care and maintenance
as well as a durable solution to all its persons of concerns including refugees, IDPs
Stateless persons.59 The commission in collaboration with the UNHCR have formulated
policies and determination procedures that define how to determine and provide the
necessary support for Refugees.
2.1.2 Stateless Persons.
Article 1 (1) of the 1954 Convention relating to the Status of Stateless Persons defines a
stateless person as ‘ a person who is not considered as a national by any State under
the operation of its law’. This definition is binding on all State parties to the Convention
and applies to other States because the International Law Commission has concluded
that it is part of international Customary Law60 With the exception of persons who are
excluded under paragraph 7 of the UNHCR Statute and Article 1(2) of the 1954
Convention, persons who meet the definition are of concern to UNHCR under its
mandate. To establish whether a person is stateless under the definition , it is
necessary to analyze how a State applies its nationality law in practice to individual
cases and to any review or appeal decisions that may be relevant to the individuals
59
60
NCFRMI Act 2022
International Law Commission, Articles on Diplomatic Protection with Commentaries, 2006
case The reference to ‘law’ in the definition should be read broadly to encompass
legislation, but also ministerial decree, regulations, orders, case law and where
appropriate customary practice.
Statelessness is often combined with other forms of discrimination and human rights
violations and is a cause of displacement. Though most stateless people remain in the
country of their birth, some leave and become migrants or refugees. Stateless persons
who are refugees under the 1951 Convention relating to the Status of Refugees are
entitled to protection under that instrument.61When an individual is both refugee and
stateless, both types of status should be explicitly recognized. Similarly, where
standards of treatment are provided for a complementary form of protection, including
protection against non-refoulement, States must apply these standards to stateless
individuals who qualify for that protection. Though the 1951 protection generally entitled
individuals to more rights than the 1951 Convention a person whose reugee status
ceases may not always have acquired a nationality and may continue to require
international protection under the 1954 Convention. Recognition as a stateless person
by the State authorities can also facilitate exercise of other rights. For example, the
children of refugees born in a country who do not acquire any nationality are entitled to
the nationality of the country in which they are born, under the 1961 convention on
Reduction of Statelessness and regional human rights instruments in countries which
are party to them.62
In an emergency context, population movement from one country to another may
include people who are nationals of the receiving country, such as returning refugees
and migrants, some of whom may have been abroad for a prolonged period or even
born abroad. When displacement is due to armed conflict and other situations of
violence, the situation of such individuals may resemble that of refugees because their
nationality may not be documented and they may lack a social support network to assist
61
Iceland Human Rights Center, Stateless Persons,available at:<http://www.humanrights.is/en/humanrights-education-project/human-rights-concepts-ideas-and-fora/the-human-rights-protection-of-vulnerablegroups/stateless-persons> accessed 22 July 2022
62
Iceland Human Rights Center, Stateless Persons,available at:<http://www.humanrights.is/en/humanrights-education-project/human-rights-concepts-ideas-and-fora/the-human-rights-protection-of-vulnerablegroups/stateless-persons> accessed 22 July 2022
them on arrival. It is therefore essential to identify nationals of a receiving country when
they arrive and assist them to acquire documentary proof of their nationality under
UNHCRs mandate to prevent statelessness.
To this end, steps should be taken to facilitate the identification of stateless persons in
emergencies by ensuring that country of origin is captured at registration and nationality
is recorded as ‘non or stateless’. T is possible to identify stateless persons at risk of
statelessness on a prima facie group determination basis. This could bbe appropriate
where there is readily apparent, objective information about the lack of nationality of
members of a group such that they would prima facie meet the stateless persons
definition in accordance with Article 1(1) of the 1954 Convention. Where there are
reasonable grounds for believing that a person is prima facie stateless the person's
nationality is to be recorded as ’non/stateless’. Where a person's nationality is unclear,
this should be flagged to facilitate follow-up.63
With respect to individual determinations of whether a person is stateless under the
definition in Article 1(1) of the 1954 Convention, UNHCRs primary roe is to provide
technical assistance to States in establishing statelessness determination procedure
(SDP). UNHCR can advise on both the development of new SDP to be conducted by
States and contribute to the enhancement of existing ones. UNHCR can facilitate
enquiries made by stateless determination authorities with authorities of other States
and can act as an information resource on nationality law and practices.
Under Article 11 of the 1961 Convention, UNHCR can play a role in examining a
person's nationality claims and present them to the appropriate State authority.64
During the first phase of an emergency, it will usually not be feasible for States to
conduct SDPs. However, when implementation of an individual refugee status
determination procedure RSP is considered necessary and feasible procedures for
identifying stateless persons or persons at risk of statelessness should also be
considered including procedures for flagging such cases during the first stage of
registration. Further investigation of whether an individual is stateless or at risk of
63
Ibid
Iceland Human Rights Center, Stateless Persons,available at:<http://www.humanrights.is/en/humanrights-education-project/human-rights-concepts-ideas-and-fora/the-human-rights-protection-of-vulnerablegroups/stateless-persons> accessed 22 July 2022
64
statelessness may be conducted during RSD or for individuals who are found not to be
refugees, subsequent to RSD. where it is feasible for SDPs to be implemented by the
State, UNHCR should provide all necessary technical assistance in this regard.
It is important to identify individuals who may be nationals of a receiving country as
early as possible and when required to assist them to be recognized and documented
as nationals by relevant authorities. Incorrect registration of these individuals as
refugees may in some situations be detrimental to their recognition as nationals of the
receiving country and unless they possess the nationality of another state, this may
leave them stateless.65
In conclusion, a refugee is someone who is outside their country and cannot return
without risking their life or freedom due to conflict or persecution. Refugees are entitled
to certain rights and protection under international law while an internally displaced
person has been forced to flee their home to escape conflict, persecution or disaster,
however, they have not crossed an international border and remain within their country.
Their national government is responsible for their protection. They should be afforded
the same rights and freedom as citizens and habitual residents of their country.66
2.1.3 Internally Displaced Persons
Internally Displaced Persons (IDPs) are individuals or groups who have been forced to
flee their homes due to armed conflict, violence, human rights violations, natural or
man-made disasters, or other circumstances that have seriously disrupted their lives,
but who remain within their country’s borders.67 This definition is established by the UN
Guiding Principles on Internal Displacement, which were developed to provide a
65
UNHCR, 2016 Stateless person definition, available at:
<https://emergency.unhcr.org/entry/52865/stateless-person-definition>, accessed 30 July 2022.
66
UNHCR 2024,The UN Refugee Agency <https://www.unhcr.org> accessed 16 October 2024
67
Guiding Principle on Internal Displacement 1998
framework for addressing the needs and rights of IDPs. According to the Guiding
Principles, IDPs should not be discriminated against and should be entitled to the same
rights and protections as all citizens of the host country, as well as assistance from the
state and the international community.
IDPs may have lost their homes and livelihoods but remain within the confines of their
national borders. They often face challenges such as inadequate shelter, food
insecurity, lack of access to healthcare and education, and heightened vulnerability to
violence and exploitation.
There has been an alarming rise in the number of IDPs in Nigeria and around the world
which can be attributed to several reasons including ethnic, religious, political conflicts
both human and man-made disasters, violence and other human rights abuses. The
resultant effect of this violence and crisis is destruction of habitation for which mostly
woman and children are greatly affected. The destruction leads to movement of
displaced persons to places where they will be protected from further violence.
Displacement of persons in Nigeria has occurred in Akaw-Ibom, Imo, Enugu, Kaduna,
Borno, Yobe, Adamawa, Benue, Sokoto
, Gombe and Plateau States respectively occasioned by acts ranging from insurgency
by Boko Haram, fulani herder clashes, banditry and unknown gunmen.
According to the definition of IDP as provided by the Guiding Principles of Internally
Displaced Persons, there are two basic components and it is the fact that they are
forced to leave and remain away from their homes and also that they remain within the
borders of their Countries; this component distinguishes IDPs from refugees who are
displaced but across internationally recognized borders.68
68
E. Mooney, the Concept of Internally displacement and the case for Internally Displaced Persons as a
category of Concern, Refugees Survey Quarterly 2005 vol.24 issue 3
The Guiding Principles are provides 30 standards that are outlined to cater for the plight
of IDPs under International Law. The principles address protection against displacement
, protection during return, local integration where persons have been displaced and
resettled in other parts of the Country.69
Nigeria has around 3.3 million internally displaced persons with more than 1.5 million of
them displaced within the North East of the Country making Nigeria among the ten
countries with the largest number of IDPs globally.70under international Humanitarian
Law there is no specific provision for the protection of IDPs, however they are accorded
civilian status during armed conflict and the provisions of the Geneva Convention and
its additional Protocols. The 4th Geneva Convention Relative to the protection of
Civilian persons in time of War States who are signatories to the Convention have the
responsibility to implement these protection in their domestic legal framework. 71The
Geneva Convention of 1949 and its Additional Protocols of 1977 have been adopted
and ratified by the National Assembly in Nigeria.
The African Union Convention is a regional instrument for the protection and assistance
of IDPs in Africa i.e. the Kampala Convention. It is a treaty of the Africa Union that
addresses Internal Displacement caused by armed conflict, natural disasters and large
scale development projects in Africa.it was adopted in October 2009; it has since been
signed by 40 and ratified by 27 of the 55 member States of the Union. The Convention
entered into force on the 6th of December 2012.
The provisions of the Kampala Convention, while adapted in some way in order to
better reflect the African context, is the clearest expression to date of the contributions
of the Guiding Principles to successive binding norms on internal displacement.72 It
heavily reflects the significance of the Guiding Principles on the initial authoritative
statement of international principles on the protection and assistance of IDPs.
The Constitution of the Federal Republic of Nigeria 1999 as amended is the ground
norm for which other laws derive their source in Nigeria. Chapter 2 of the Constitution
69
Guiding Principle on Internal Displacement 1998
Internal Displacement Monitoring Center https://www.internal-displacemnt.org accessed 17 october
2024
71
Geneva Convention 1949 and Additional Protocols 1977
72
R Adeola, The Kampala Convention and the right to be arbitrarily displaced, forced migration
http://www.fmreview.org/guiding principles 20/adeola accessed 13 June 2022.
70
provides for the fundamental objectives and directive of State policy. The directive
principle outline policy priorities in relation to economic, political, social and environment
concerns. Section 14(2)35 provides that the security and welfare of the people shall be
the primary purpose of government. Section 17 mandates the State to direct its policy
towards all citizens. It specifically recognizes the need to protect IDPs in the directive
principle as argued by many scholars is thet by section 6(6)(1) of the constitution its
provisions are non-justiciable. There are however bridges built by the wall of section
6(6)(c) to which it can be made justiciable one of which is by legislation and anothe is by
ratification of any international treaty that has similar provisions by the National
Assembly.73 some of which include African Charter on Human and Peoples Rights
2002, Child's Right Act 2004,. More So Chapter 4 of the Constitution particularly section
33,34,35,37 and 42 provide for right to Life, dignity of human person, personal liberty,
right to private family life, right to freedom from discrimination amongst other rights
which are available to and exercisable by all Nigerian citizens.
Nigeria has a domestic policy onIDPs 2012, the Policy re-affirms the vulnerabilities of
women and children, according them special guarantees that include measures to
protec against being displaced and sets out standards pertaining to the delivery of
humanitarian assistance by national and international agencies.74This policy adopts a
definition of IDPs that is very broad covering human induced displacement, whether
through violence or through violations of human rights, natural disasters and any other
cause of displacement. The policy recognises certain rights which are classified into
general and specific rights. The general rights belong to all displaced persons and they
include the right to protection from displacement, right to every displaced person to
protection and assistance during and after displacement, right of every displaced
person to voluntarily return, local integration and relocation.75 on the other hand, the
specific rights guaranteed for particular categories of persons needing special attention.
The rights include the right of internally displaced children, rights of internally displaced
women, the rights of internally displaced persons with disabilities, the rights of internally
73
Section 315 of the 1999 Constitution of the Federal Republic of Nigeria
National Policy on Internally Displaced persons in Nigeria 2012
75
National Policy on Internally Displaced Persons in Nigeria 20012
74
displaced elderly persons.76The policy also has obligations for IDPs ; they must be law
abiding and personally responsible for any crime committed under international and
municipal law. They are also to respect the culture and norms of their host communities
and abide by the rules and regulations in their collective settlement.77
This policy however beautiful her provisions are policy and not law and as such there is
need for specific legislation for the protection of IDPs since it has become a pandemic in
Nigeria.
2.3.1 Causes of Internal Displacement in Nigeria.
Nigeria, Africa's most populous nation, has been significantly affected by internal
displacement, with millions of its citizens being forced from their homes over the past
decade. The main causes of internal displacement in Nigeria include armed conflicts,
natural disasters, communal clashes, and development projects. Each of these factors
has unique socio-political and environmental dimensions, contributing to the ongoing
crisis. This paper explores the root causes of internal displacement in Nigeria and their
impact on the country's social and economic fabric.
The rise of insurgency, particularly by the Boko Haram group, is one of the most
significant causes of internal displacement in Nigeria. Boko Haram, an Islamist
extremist group, has waged a violent campaign primarily in the northeastern region of
the country since 2009. The insurgency has resulted in widespread displacement, as
people flee to escape the violence, kidnapping, and destruction of their homes and
livelihoods. The Boko Haram conflict has displaced over 2.7 million people, especially in
states like Borno, Sokoto, Adamawa, and Yobe states respectively78
Boko Haram's activities involve bombings, raids on villages, mass killings, and mass
kidnapping of young girls leading to mass movements of people fleeing to safety such
as family members, Displaced persons often seek refuge in neighboring states, urban
76
Ibid
Ibid
78
International Organization for Migration, ‘Displacement Tracking Matrix Nigeria, North-east Nigeria
Displacement Report’ March 2022
77
centers, or Internally Displaced Persons (IDP) camps set up by governments of affected
States and NGOs. Despite military efforts to combat Boko Haram, the ongoing violence
continues to displace thousands. The rise of other insurgent groups, such as the Islamic
State West Africa Province (ISWAP), further exacerbates the problem79.
In addition to insurgency, violent clashes between farmers and herders, predominantly
in the Middle Belt region particularly Benue, Plateau, Taraba States respectively have
significantly contributed to displacement. The competition over land, water, climate
change which has led to prolonged periods of drought, desertification has further
heightened the clashes between these two groups. This has led to loss of lives, loss of
farmland, loss of farm produce, destruction of property and socioeconomic instability.
Thousands of people have fled their homes to avoid being caught in these violent
disputes80
Nigeria’s rich diversity of over 250 ethnic groups has also been a source of conflict and
displacement. Ethnic and communal clashes are common, particularly in areas where
different groups compete for resources such as land, political power, and economic
opportunities. These ethnic and religious differences , combined with historical
grievances have contributed to the polarization of communities and the escalation of
tension between farmers and herders. For example, clashes between ethnic Fulani
herders and other ethnic farming communities have become increasingly frequent due
to competition for grazing lands and the effects of desertification in northern Nigeria.
The conflict between the Tiv and Jukun in Taraba and Benue states, or the ongoing
violence between the Ife and Modakeke in southwestern Nigeria, illustrate how
communal tensions can escalate into violence, displacing thousands. These clashes are
often worsened by Nigeria’s weak judicial and security systems, which fail to resolve
disputes or hold perpetrators accountable.81
UNHCR, ‘Boko Haram’ Insurgency in Nigeria: Internal Displacement update.’ September 2020
Amnesty International, ‘Harvest of Death: tThree years of Bloody Clashes between Farmers and
Herders in Nigeria ,’ May 2021
79
80
81 Human Rights Watch,’Communal Violence in Nigeria: No Justice, No Peace’ July 2022
Furthermore, many communal conflicts are fueled by religious differences. Nigeria is
almost evenly split between Muslims, who predominantly live in the north, and
Christians, who predominantly live in the south. While Nigeria's constitution guarantees
religious freedom, religious tensions often escalate into violence, leading to
displacement. For instance, clashes between Christian and Muslim groups in places like
Jos, Plateau State, have forced large numbers of people to flee their homes82
In addition to man-made causes, natural disasters have also been a key driver of
internal displacement in Nigeria. The country experiences recurrent flooding,
desertification, and drought, all of which contribute to displacement, especially in rural
areas. Flooding is one of the most frequent natural disasters affecting Nigeria, often
triggered by heavy rainfall, poor drainage systems, and the overflow of rivers like the
Niger and Benue. In 2022 alone, over 1.4 million Nigerians were displaced by floods,
affecting mostly Benue and Kogi State.83
Desertification, particularly in northern Nigeria, has exacerbated displacement by
making land uninhabitable for farming and herding communities. This environmental
challenge forces people to move southwards in search of fertile land, often leading to
conflicts with existing populations. The increasing frequency and intensity of climaterelated disasters point to the broader impact of climate change on internal displacement
in Nigeria84
Development-induced displacement is another significant cause of internal
displacement in Nigeria. Large-scale government infrastructure projects, such as dams,
roads, and urban renewal initiatives, often result in the forced eviction of people from
their homes without adequate compensation or resettlement plans. An example of this
is the displacement caused by the construction of the Bakolori Dam in the Sokoto River
Basin during the 1970s, which displaced thousands of rural dwellers85
82 US Institute of Peace, Religious Conflict and displacement in Nigeria: A Case study of Jos’ June 2019
83 Nigeria Hydrological Services Agency, 2022 annual Flood Report’ December 2022
84 UN Environment Programme,’Climate Change and dissertation in the Sahel: Implications for Nigeria,’October 2021
85 International Rivers,’The Bakolori Dam and Forced Displacement in Nigeria’’ March 2019
Rapid urbanization and economic growth in Nigeria’s major cities, particularly Abuja and
Lagos, have also led to displacement, as informal settlements are demolished to make
way for new development. Slum clearances, which are often executed without prior
warning or alternative housing for displaced residents, force thousands of people into
homelessness and precarious living conditions.86 . The Lagos State government
initiated the clearance of shanties in the Oko-baba area of Ebute-Metta. The purpose of
this action was to enhance urban development and mitigate environmental and security
challenges.87This type of displacement disproportionately affects low-income groups
and exacerbates the challenges of poverty and social inequality.
The causes of internal displacement in Nigeria are complex and multifaceted, driven by
both human and environmental factors. Armed conflicts, particularly the Boko Haram
insurgency, have displaced millions of people in the northeastern region of the country,
while ethnic and communal clashes in other areas contribute to displacement. Natural
disasters such as floods and desertification further exacerbate the displacement crisis,
often forcing people to move in search of safety and livelihood. Moreover, development
projects and rapid urbanization have led to the forced eviction of thousands of people,
compounding Nigeria's displacement crisis.
Addressing the issue of internal displacement in Nigeria requires a multifaceted
approach, including strengthening security, improving disaster preparedness, and
ensuring that development projects include adequate resettlement plans. As long as
these underlying causes persist, internal displacement will remain a significant
humanitarian and socio-economic challenge for Nigeria.
2.2 Theoretical Framework
2.2.1 Human Rights Theory and State Obligations to Protect Individuals' Basic
Rights, Including Displaced Persons
86 Center for Human Rights and social Justice,’Evictions and Displacement in Lagos,’The Impact of Urban Renewal,’ July 2020
87 The Punch Newspaper, 21 September 2024
Human rights theory is grounded in the recognition that all human beings possess
inherent dignity and inalienable rights simply by virtue of being human. This concept has
been formalized through various international treaties and conventions, which lay the
foundation for states’ obligations to respect, protect, and fulfill these rights. Among the
most significant obligations under international human rights law is the duty of states to
protect individuals within their jurisdiction, particularly marginalized groups like
displaced persons. This essay examines the theoretical underpinnings of state
obligations to protect human rights and how these obligations extend to displaced
individuals, including refugees, internally displaced persons (IDPs), and asylum
seekers.
Human rights are primarily concerned with ensuring that individuals can live with dignity,
free from fear, and with access to basic needs such as food, water, shelter, and safety.
The Universal Declaration of Human Rights (UDHR) of 1948 is the cornerstone of
international human rights law. It affirms that "all human beings are born free and equal
in dignity and rights" and that everyone is entitled to the protection of these rights
without discrimination. Although the UDHR itself is not legally binding, it has inspired a
body of international treaties that impose legal obligations on states to protect
individuals' rights. These include the International Covenant on Civil and Political Rights
(ICCPR) and the International Covenant on Economic, Social and Cultural Rights
(ICESCR).88
According to human rights theory, the state plays a central role in ensuring that
individuals' rights are protected. This is based on the principle that human rights are
universal and that the state is the primary entity responsible for safeguarding these
rights within its territory. The state's obligations are threefold: to respect, protect, and
fulfill human rights. The duty to respect means that the state must refrain from violating
rights directly, such as through arbitrary arrests or torture.89 The duty to protect requires
the state to take measures to prevent violations by third parties, such as providing laws
88 Universal Declaration of Human Rights Article 1
89 International Covenant on Civil and Political Rights, Article 9
that deter violence or discrimination.90 Finally, the duty to fulfill obliges the state to take
proactive steps to ensure the realization of rights, which may involve legislative, judicial,
or administrative actions to provide access to essential services like healthcare,
education, and housing.91
These obligations are heightened in situations where individuals face greater
vulnerability, such as during displacement due to conflict, persecution, or natural
disasters. Displaced persons often find themselves in precarious situations, with limited
access to basic needs, protection from violence, or legal status. For these reasons,
international human rights law, alongside international humanitarian law and refugee
law, places particular emphasis on the state's responsibility to protect displaced
persons.
Displacement can take many forms, including internal displacement (when people flee
their homes but remain within their country) and cross-border displacement (when
individuals seek refuge in another state). In both cases, human rights theory
emphasizes the state's responsibility to protect these individuals, who are often among
the most vulnerable. The 1951 Refugee Convention and its 1967 Protocol outline the
specific rights of refugees and asylum seekers, including the right to seek asylum and
protection from refoulement, or forced return to a country where they may face
persecution.92 States that are parties to the Refugee Convention are obligated to grant
refugees certain protections, including the right to work, access to courts, and freedom
from arbitrary detention93. Importantly, the principle of non-refoulement has been
recognized as a norm of customary international law, meaning that even states not
party to the Refugee Convention are bound by this obligation.94
For internally displaced persons, the Guiding Principles on Internal Displacement
provide a framework for the protection of their rights. These principles, although not
90 Ibid Article17
91 International Covenant on Economic, Social and Cultural Rights, Article 11
92 Refugee Convention1951, Articles 1 and 33
93 Ibid, Article 16
94 UNHCR,’The Principle of NonRefoulement under International Human Rights law’
legally binding, affirm that national governments bear the primary responsibility for
ensuring the protection and assistance of IDPs.95 According to these guidelines, states
are obligated to prevent displacement, protect displaced persons during displacement,
and facilitate durable solutions to their displacement, such as return, resettlement, or
integration into host communities.96
Human rights theory also stresses that displacement does not extinguish individuals’
rights. Even when people are displaced, they retain their fundamental rights, including
the rights to life, dignity, security, and freedom from torture.97 In practice, this means
that states must ensure displaced persons have access to basic needs such as food,
water, shelter, and healthcare, as well as protection from exploitation, violence, and
discrimination. This obligation applies both to states of origin (which may be the cause
of the displacement) and to host states, which must ensure that displaced persons
within their borders are treated with dignity and provided the protection they are entitled
to under international law.
Despite the clear obligations under international human rights law, many states struggle
to meet their responsibilities toward displaced persons. Political, economic, and security
challenges can hinder a state’s capacity to protect human rights, especially in conflict
zones or in cases of mass displacement. Some states may lack the resources or
political will to adequately protect displaced persons, while others may face internal
conflicts that render them unable or unwilling to protect vulnerable populations.
Furthermore, in recent years, growing anti-immigrant sentiments in some countries have
led to restrictive asylum policies, detention of asylum seekers, and violations of the
principle of non-refoulement.98
Nonetheless, human rights theory underscores that the protection of displaced persons
is not a matter of charity or discretion; it is a legal obligation rooted in the fundamental
dignity of every human being. The international community also plays a crucial role in
95 Guiding Principles on Internal Displacement, Principle 3
96 Ibid, Principle 28
97 Convention on Civil and PoliticalRights, Article 6
98 UNHCR,’Global Trends; Forced Displacement in 2020’
holding states accountable for their obligations. Regional and international human rights
bodies, such as the United Nations Human Rights Council and the European Court of
Human Rights, provide mechanisms for individuals to seek redress when their rights are
violated. Moreover, international organizations like the United Nations High
Commissioner for Refugees (UNHCR) assist states in fulfilling their responsibilities to
displaced persons by providing technical support, resources, and advocacy. 99
Human rights theory provides a robust framework for understanding the obligations of
states to protect the basic rights of all individuals, including displaced persons. These
obligations are grounded in the inherent dignity of every human being and are codified
in international treaties and customary law. While states bear the primary responsibility
for protecting human rights, the international community has a vital role in ensuring that
these obligations are met, especially in cases of displacement. Addressing the
challenges of displacement requires not only legal frameworks but also political will,
international cooperation, and a commitment to the fundamental principles of human
rights.
2.2.2 Development-Induced Displacement Theory: Causes and Legal
Ramifications
Development-induced displacement (DID) refers to the forced movement of individuals
or communities as a result of large-scale development projects such as the construction
of dams, highways, urban renewal initiatives, and resource extraction. While
development is often viewed as a pathway to economic progress, it can have significant
human costs, particularly for vulnerable populations. The displacement caused by such
projects can lead to a wide range of adverse consequences, including loss of homes,
livelihoods, cultural identity, and social networks. In addition to these social and
99 UNHCR,’The Role of the International community in Protecting Refugees
economic impacts, development-induced displacement raises serious legal and human
rights issues. This essay explores the dynamics of DID and its legal ramifications,
highlighting the role of states and international law in mitigating the harms caused by
displacement.
Development projects that lead to displacement typically fall under three broad
categories: infrastructure projects, natural resource extraction, and urbanization. Each
of these categories represents a form of development that, while potentially beneficial
for the broader economy, disproportionately impacts certain communities, often without
sufficient consideration for their rights or well-being.
One of the most well-documented causes of DID is the construction of large dams. The
World Commission on Dams WCD) estimated that in the 20th century alone, dam
projects displaced 40 to 80 million people worldwide.100 Dams often inundate vast areas
of land, submerging entire villages, agricultural fields, and culturally significant sites.
This results in the displacement of local populations, many of whom are indigenous or
marginalized communities. Similarly, resource extraction activities such as mining, oil
drilling, and logging displace local populations either directly by clearing land or
indirectly by polluting the environment, rendering the area uninhabitable. Urban renewal
and infrastructure expansion projects, including the construction of highways, airports,
100
World Commision on Dams, Dams and Developmet: A New Framework for Deciiom-Making Earthscan
2000
and public buildings, also contribute to displacement, particularly in densely populated
or impoverished urban areas.101
The populations most affected by DID often lack the political power or legal standing to
resist such projects. In many cases, they are marginalized groups, such as indigenous
peoples or rural communities, whose land rights are weakly protected. The
displacement process itself typically involves inadequate compensation, insufficient
resettlement planning, and minimal consultation with affected communities.102
The legal ramifications of DID are significant, touching upon issues related to human
rights, property rights, and environmental justice. International human rights law
provides some protection against forced displacement, although the effectiveness of
these protections varies depending on the country and specific context. While there is
no binding international treaty specifically addressing development-induced
displacement, a number of legal principles and guidelines apply.
One of the central principles of international law related to DID is the prohibition against
arbitrary displacement. Under the United Nations Guiding Principles on Internal
Displacement 1998, displacement is considered unlawful if it is arbitrary or without
sufficient justification.103 The Guiding Principles affirm that displacement should only
occur when absolutely necessary, and states are required to take all possible measures
to avoid or minimize displacement. Additionally, the International Covenant on
101
Cernea, Micheal M., Development -Induced Displacement and Resettlement Theoretical Framework
and Policy Guidelines ,’ in Theoretical Approaches to Development 1997
102
Ibid
103
GuidiPriciple 6ng Principle on Internal Displacement,
Economic, Social, and Cultural Rights (ICESCR) requires states to respect the rights of
individuals to housing, livelihood, and an adequate standard of living.104 Development
projects that result in mass displacement without offering adequate compensation or
alternative housing may constitute a violation of these rights.
When displacement is unavoidable, international law requires that affected individuals
receive fair compensation and be resettled in conditions that ensure their dignity and
rights. The Basic Principles and Guidelines on Development-Based Evictions and
Displacement, adopted by the UN Human Rights Council in 2007, emphasize that
evictions and displacement must be carried out in accordance with international human
rights standards.105These guidelines call for states and developers to ensure that those
displaced are provided with adequate housing, compensation, and access to services
such as healthcare and education in their new location. Furthermore, the participation of
affected communities in the decision-making process is essential to ensure that their
rights and interests are protected.
In cases where development projects impact indigenous peoples, additional protections
may apply. The United Nations Declaration on the Rights of Indigenous Peoples
(UNDRIP) establishes the principle of free, prior, and informed consent (FPIC) for any
development projects that affect indigenous lands or resources.106This principle is
intended to protect the collective rights of indigenous communities, ensuring that they
104
International Covenant on Economic, Social and Cultural Rights, Article 11
UN Human Rights Council, Basic principles and guidelines on Development- based evictions and
Displacement, A/HRC/4/18,2007
106
United Nations Declaration on the Rights of indigenous People, Article 32
105
have a say in projects that may lead to their displacement or the disruption of their way
of life.
However, despite these legal frameworks, the enforcement of protections against
development-induced displacement remains weak in many parts of the world. National
legal systems often favor the interests of developers or the state over the rights of
affected communities. Eminent domain laws, which allow the state to expropriate private
property for public use, are frequently used to justify displacement without adequate
safeguards for those affected.107This creates a situation where vulnerable populations
bear the brunt of development projects without receiving the benefits.
The challenges associated with DID are manifold. First, displaced populations often
experience severe economic hardship due to the loss of their homes, land, and means
of livelihood. Even when compensation is provided, it is often insufficient to cover the
long-term costs of resettlement and economic recovery. Studies show that many
displaced persons end up in impoverished conditions, unable to rebuild their lives. 108
Second, DID has cultural and social consequences. Displacement disrupts social
networks and can erode cultural identities, particularly when entire communities are
uprooted. For indigenous peoples, displacement can result in the loss of ancestral lands
and cultural practices tied to the land, leading to long-term cultural disintegration.109
107
Cernea, Micheal M, Risk and Reconstruction: experiences of Resettlers and refugees 2000
Robinson, Cortland W., risk and Rights: The causes, consequences and Challenges of DevelopmentInduced Displacement, 2003
109
Ibid
108
Finally, the legal and institutional frameworks governing DID are often inadequate.
Many countries lack robust laws that protect displaced populations or provide adequate
compensation and resettlement options. Furthermore, the implementation of
international guidelines is frequently hindered by corruption, lack of political will, and the
prioritization of economic growth over human rights.
Development-induced displacement poses serious challenges to human rights and
social justice, raising important questions about how states and international bodies can
mitigate its harmful effects. While international law provides a framework for protecting
displaced persons, the enforcement of these protections remains problematic,
especially for vulnerable populations. As states continue to pursue large-scale
development projects, it is crucial to ensure that the rights and interests of affected
communities are respected, and that displacement is avoided or minimized whenever
possible. When displacement is inevitable, robust legal protections must be in place to
ensure that displaced individuals are adequately compensated and resettled with
dignity.
2.4 Review of Previous Studies
The literature on internal displacement is extensive, reflecting the multifaceted nature of
the issue and the diverse contexts in which it occurs. This review examines key works
by scholars, practitioners, and international bodies, focusing on general literature about
internal displacement and specific analyses pertaining to Nigeria. By identifying gaps in
the literature, this section seeks to illuminate areas where further research is needed,
particularly concerning the enforcement of laws protecting internally displaced persons
(IDPs) in Nigeria.
Ferris in her work, “Internally Displaced Persons: A Global Overview,’’ offers an
extensive examination of internal displacement, analyzing its multifaceted causes, farreaching consequences, and the responses required from national governments and
the international community to protect internally displaced persons (IDPs). Published in
2011, this comprehensive overview remains a significant contribution to the field of
displacement studies and humanitarian response, providing essential insights for
policymakers, practitioners, and scholars alike.
Ferris's work emerges against a backdrop of increasing internal displacement
worldwide, driven by a variety of factors, including armed conflict, natural disasters,
climate change, and human rights violations. As millions of individuals are uprooted
from their homes, often enduring prolonged periods of displacement without the benefits
of international refugee protections, Ferris emphasizes the need for a focused Ferris’s
work primarily focuses on the challenges faced by internally displaced persons (IDPs)
and the international community’s response to their plight. Unlike refugees, IDPs have
not crossed international borders but remain displaced within their own countries due to
conflict, violence, human rights violations, and natural disasters. The book examines
how the legal and institutional frameworks differ for IDPs and highlights gaps in
humanitarian assistance. She covers global patterns of displacement, showing that
while IDPs are a worldwide phenomenon, their experiences vary significantly based on
the nature of the conflict or disaster and the political context of the host country. Ferris
explores displacement in regions such as Africa, Latin America, and Asia, providing a
comprehensive overview of both the causes and consequences of displacement. 110
Ferris points out that there is no single international convention or legal framework
specifically tailored to IDPs. She examines the roles of various organizations, such as
the UN High Commissioner for Refugees (UNHCR) and the International Organization
for Migration (IOM), in responding to the needs of IDPs, but emphasizes that
coordination remains a significant issue.Ferris critiques both national governments and
international bodies for inadequate responses to internal displacement. While some
countries, like Colombia and Uganda, have developed national policies to address
IDPs, others fail to provide basic protections. She also discusses how international
actors often struggle with sovereignty issues when dealing with internally displaced
populations, leading to gaps in humanitarian response.
In "The Humanitarian Crisis of Internally Displaced Persons: A Global Perspective,"
Kälin provides an in-depth analysis of the global humanitarian response to internal
displacement, emphasizing the urgent need for a coordinated approach to protecting
the rights of internally displaced persons (IDPs). Published in 2014, this work is a
significant contribution to the discourse on internal displacement, shedding light on the
complexities of humanitarian action, the role of international law, and the responsibilities
of various actors involved in addressing the needs of IDPs.
110
E. Ferris, 2022, internally Displaced Persons: A Global Overview
Kälin's book emerges from the recognition that internal displacement is one of the most
pressing humanitarian challenges of our time. As conflicts, natural disasters, and human
rights violations continue to displace millions globally, the need for effective and
coordinated responses has never been more critical. While the UN Guiding Principles
on Internal Displacement provide a legal framework for the protection of IDPs, the
practical implementation of these principles often falls short. Kälin's work seeks to
address this gap by analyzing the humanitarian crisis faced by IDPs and proposing
solutions for a more effective response.
Kälin begins by providing a comprehensive overview of the phenomenon of internal
displacement, defining IDPs and outlining the various causes that contribute to their
plight. He categorizes these causes into several broad themes, including armed
conflict, natural disasters, and socio-economic factors. By highlighting the diverse
nature of internal displacement, Kälin emphasizes that a one-size-fits-all approach is
inadequate; instead, tailored responses are essential to address the specific
circumstances of different displaced populations.
A significant focus of Kälin's analysis is the role of international law in shaping the
humanitarian response to internal displacement. He examines the UN Guiding
Principles on Internal Displacement, which articulate the rights of IDPs and the
obligations of states to protect and assist them. Kälin argues that these principles
provide a crucial foundation for humanitarian action but stresses that their
implementation remains inconsistent. He calls for greater adherence to international
human rights law and humanitarian law, as well as the integration of these legal
frameworks into national policies and practices.
One of the central themes of Kälin's book is the need for a coordinated humanitarian
response to internal displacement. He critiques the often fragmented nature of
humanitarian efforts, which can lead to gaps in protection and assistance for IDPs. Kälin
advocates for a multi-stakeholder approach that involves governments, international
organizations, NGOs, and local communities in a concerted effort to address the needs
of displaced populations. He emphasizes the importance of collaboration, information
sharing, and capacity building among these actors to enhance the effectiveness of
humanitarian responses.
Kälin identifies several challenges that hinder effective humanitarian action for IDPs,
including political will, funding constraints, and security concerns. He highlights the need
for humanitarian actors to navigate complex political environments and engage with
national governments to ensure the protection of IDPs. Moreover, Kälin discusses the
impact of limited resources on the ability of humanitarian organizations to provide
adequate support, urging increased investment in both immediate relief efforts and longterm solutions for IDPs.111
By providing a thorough analysis of the challenges faced by IDPs and advocating for a
coordinated and rights-based approach, Kälin's work contributes to the ongoing
discussions about effective strategies for addressing internal displacement.
His emphasis on the role of international law in guiding humanitarian action is
particularly relevant in an era where legal frameworks are increasingly recognized as
Kälin, W. 2014, The Humanitarian Crisis of Internally Displaced Persons: A Global
Perspective.
111
essential for protecting the rights of vulnerable populations. Kälin's insights resonate
with humanitarian practitioners, policymakers, and scholars alike, underscoring the
need for a collective commitment to addressing the needs of IDPs and ensuring their
rights are upheld.
In conclusion, Kälin offers a comprehensive and critical analysis of the humanitarian
response to internal displacement. By examining the causes, consequences, and legal
frameworks surrounding internal displacement, Kälin provides valuable insights for
improving the protection and assistance available to IDPs. His call for a coordinated,
multi-stakeholder approach, grounded in international law and human rights, remains
essential as the global community seeks to address the pressing challenges posed by
internal displacement in an increasingly complex world.
Zelter in "Internal Displacement: A Global Survey of Current Trends and Challenges,"
provides a comprehensive analysis of the dynamics surrounding internal displacement
in the contemporary world. Published in 2014, this work serves as an essential resource
for understanding the complex interplay of political, social, and economic factors that
contribute to the vulnerability of internally displaced persons (IDPs). By evaluating
current trends and highlighting the limitations of existing legal frameworks, Zetter’s
analysis is critical for policymakers, humanitarian actors, and scholars interested in
addressing the pressing issues faced by IDPs.
Zetter's book emerges in a context where internal displacement is increasingly
recognized as a significant humanitarian and developmental challenge. With millions of
individuals forcibly displaced within their own countries due to conflicts, natural
disasters, and other crises, understanding the factors that exacerbate their vulnerability
is vital for effective response strategies. Zetter’s work seeks to fill gaps in knowledge
and awareness regarding the nuanced realities of IDPs, thereby informing more
effective policies and practices aimed at their protection and assistance.
Zetter provides a thorough overview of the trends characterizing internal displacement,
noting the rise in numbers of IDPs due to various crises, particularly in conflict-affected
regions. She highlights that as of 2014, millions of individuals worldwide were living as
IDPs, facing challenges that often mirror those of refugees yet without the same level of
international legal protection. Zetter categorizes internal displacement into two primary
categories: displacement due to armed conflict and displacement due to natural
disasters, underscoring the complex and often overlapping nature of these crises.
A critical component of Zetter's analysis is her examination of the existing legal
frameworks surrounding internal displacement. She identifies significant limitations in
the applicability and effectiveness of international legal instruments, including the UN
Guiding Principles on Internal Displacement. While these principles provide a valuable
foundation for protecting IDPs, Zetter argues that they often lack enforcement
mechanisms and fail to be integrated into national laws and policies. This disconnect
can result in inadequate protections for IDPs and insufficient accountability for states.
Zetter discusses the challenges facing humanitarian actors in addressing the needs of
IDPs. She notes that the humanitarian community often operates in complex
environments where security concerns, limited access, and funding constraints hinder
effective intervention. Furthermore, the fragmentation of humanitarian efforts can lead to
gaps in service delivery and protection for IDPs. Zetter advocates for a more
coordinated and systematic approach to humanitarian action, urging the integration of
internal displacement considerations into broader humanitarian and development
strategies.112
By providing a nuanced analysis of the political, social, and economic factors influencing
the vulnerability of IDPs, Zetter’s work serves as a valuable resource for those involved
in policy making, humanitarian response, and academic research.Her emphasis on the
limitations of existing legal frameworks and the need for innovative solutions resonates
in ongoing discussions about how to effectively address the needs and rights of IDPs.
Zetter's insights call for a reevaluation of current approaches and encourage the
adoption of more inclusive and responsive strategies that prioritize the voices and
needs of internally displaced individuals.
Zetter's work highlights the urgent need for a coordinated, comprehensive, and
innovative approach to addressing the challenges faced by internally displaced persons.
As the global landscape of displacement continues to evolve, Zetter's insights remain
critical for informing effective strategies that protect the rights and dignity of IDPs.
Cohen in’’The Politics of Displacement’’ explores the intricate political dimensions of
internal displacement, providing a critical examination of how governmental policies,
international interventions, and broader political contexts shape the experiences of
1. 112Zetter, R. (2014). Internal Displacement: A Global Survey of Current Trends
and Challenges.
internally displaced persons (IDPs). This book contributes significantly to the
understanding of internal displacement by situating it within the political landscape,
highlighting the complexities and challenges faced by IDPs as a result of governmental
actions and international responses.
Cohen’s work arises from the recognition that internal displacement is not merely a
humanitarian issue but also a deeply political one. With millions of individuals displaced
within their own countries due to conflicts, violence, and natural disasters, it is crucial to
understand how political factors influence their situations. Cohen’s analysis emphasizes
the need for a comprehensive understanding of the political contexts surrounding
internal displacement, which can inform more effective responses and policies aimed at
protecting and assisting IDPs.
Cohen begins by defining internal displacement and situating it within broader political
frameworks. She underscores that the experiences of IDPs are heavily influenced by
the policies and actions of governments, international organizations, and other actors
involved in the displacement process. Cohen emphasizes that understanding the
political dimensions of displacement is essential for developing effective strategies to
address the needs and rights of IDPs.
A significant focus of Cohen’s analysis is the role of governmental policies in shaping
the experiences of IDPs. She discusses how states often fail to protect the rights of
displaced populations, either due to inadequate legal frameworks or intentional neglect.
Cohen provides examples of how governments may manipulate displacement for
political gain, exacerbating the vulnerability of IDPs. In some cases, states may view
IDPs as a threat to national security, leading to discriminatory policies that further
marginalize these populations.
Cohen explores the role of international actors, including humanitarian organizations
and UN agencies, in addressing internal displacement. She argues that while
international interventions are often well-intentioned, they can sometimes exacerbate
the situation by failing to take into account the political realities on the ground. Cohen
emphasizes the importance of ensuring that international responses are coordinated
with local contexts and that they respect the rights and agency of IDPs.
The book delves into the specific challenges faced by IDPs in conflict-affected areas.
Cohen highlights how armed conflict can create complex dynamics of displacement,
where IDPs may be subject to violence, exploitation, and discrimination. She discusses
the need for tailored responses that address the unique vulnerabilities of IDPs in these
contexts, emphasizing the importance of protecting their rights and providing adequate
assistance.113
Cohen discusses the challenges of finding durable solutions for IDPs, emphasizing that
these solutions often require significant political will and commitment from governments.
She argues that without addressing the root causes of displacement and ensuring the
active participation of IDPs in decision-making processes, sustainable solutions are
unlikely to be achieved. Cohen advocates for a more inclusive approach that empowers
IDPs to play a central role in shaping their own futures.
The book highlights the importance of advocacy and civil society in addressing the
needs of IDPs. Cohen emphasizes that local organizations and communities can play a
113
R. Cohen, 2009, The Politics of Displacement.
crucial role in advocating for the rights of IDPs and ensuring that their voices are heard.
By supporting grassroots initiatives and fostering partnerships between local actors and
international organizations, more effective responses to internal displacement can be
developed.
Cohen has made a significant contribution to the discourse on internal displacement by
illuminating the complex political factors that influence the experiences of IDPs. By
situating internal displacement within broader political contexts, Cohen’s work provides
valuable insights for policymakers, humanitarian practitioners, and scholars alike.
Her emphasis on the need for a comprehensive understanding of governmental policies
and international interventions resonates in ongoing discussions about how to
effectively address the needs and rights of IDPs. Cohen’s insights challenge readers to
critically examine the political dimensions of displacement and consider the implications
of these factors for humanitarian action and policy formulation.
In conclusion, Cohen offers a critical analysis of the political dimensions of internal
displacement, shedding light on how governmental actions and international
interventions shape the experiences of IDPs. By exploring the complexities of
displacement within broader political contexts, Cohen’s work underscores the urgent
need for more effective and coordinated responses to the challenges faced by internally
displaced persons. As the global landscape of displacement continues to evolve,
Cohen’s insights remain vital for informing strategies that prioritize the rights and dignity
of IDPs.
Ferris and Kagan in "Understanding Internal Displacement: The Context of the New
Humanitarian Agenda’’,explore the implications of the evolving humanitarian landscape
for internally displaced persons (IDPs). This publication emphasizes the need for a
paradigm shift in humanitarian responses, advocating for a transition from immediate
relief efforts to sustainable, long-term solutions that address the root causes and
ongoing challenges of internal displacement.
The backdrop for Ferris and Kagan's analysis is the recognition that internal
displacement has become a significant global challenge, with millions of individuals
forced to flee their homes due to conflict, violence, and natural disasters. While
humanitarian responses have traditionally focused on providing immediate relief to
displaced populations, the authors argue that this approach is insufficient for addressing
the complex realities faced by IDPs. The publication calls for a re-examination of
humanitarian priorities in light of the New Humanitarian Agenda, which emphasizes
resilience, prevention, and development alongside humanitarian action.
Ferris and Kagan begin by outlining the principles of the New Humanitarian Agenda,
which emerged from various international frameworks, including the World
Humanitarian Summit in 2016. This agenda advocates for a more comprehensive and
integrated approach to humanitarian action that emphasizes the need to address the
underlying factors contributing to displacement. The authors highlight that the agenda
calls for a shift from a purely humanitarian focus to one that incorporates development
and peacebuilding efforts.
The authors critically examine the limitations of traditional humanitarian responses to
internal displacement. While acknowledging the importance of immediate relief efforts,
they argue that such responses often fail to provide durable solutions for IDPs. Ferris
and Kagan emphasize that many displaced individuals remain in limbo, living in
temporary shelters or camps with limited access to essential services and opportunities
for rebuilding their lives. This situation underscores the need for a more holistic
approach that prioritizes long-term solutions.
A central theme of the publication is the need for promoting durable solutions for IDPs.
Ferris and Kagan outline three main options for durable solutions: return to their original
homes, local integration in areas of displacement, or resettlement to new locations.
They argue that each of these options requires careful planning, community
involvement, and support from both national governments and international actors. The
authors stress that solutions should be based on the preferences and needs of IDPs
themselves, ensuring that their voices are heard in the decision-making processes.
The publication emphasizes the importance of collaboration between humanitarian and
development actors in addressing the needs of IDPs. Ferris and Kagan argue that
integrating humanitarian responses with development initiatives can help create more
sustainable outcomes for displaced populations. By working together, these actors can
provide a comprehensive support system that addresses immediate needs while also
fostering resilience and self-sufficiency among IDPs. This collaborative approach is
essential for breaking the cycle of dependency that often characterizes humanitarian
assistance.114
Ferris and Kagan highlight the critical role of national governments in addressing
114
E.Ferris, & M.Kagan 2016 Understanding Internal Displacement: The Context of the
New Humanitarian Agenda.
internal displacement. They argue that governments have the primary responsibility for
protecting and assisting IDPs, and their engagement is crucial for implementing durable
solutions. However, the authors note that many governments may lack the capacity,
resources, or political will to address the needs of displaced populations effectively.
They advocate for increased international support to strengthen national capacities and
enhance government accountability in responding to internal displacement.
The publication underscores the importance of data collection and evidence-based
decision-making in addressing internal displacement. Ferris and Kagan argue that
reliable data on the demographics, needs, and preferences of IDPs is essential for
designing effective interventions and policies. They call for investment in data collection
and analysis to inform responses and ensure that interventions are tailored to the
specific circumstances of displaced populations.
The authors also discuss the significance of human rights and protection frameworks in
addressing internal displacement. They emphasize that the rights of IDPs must be
central to any humanitarian response, and that efforts should be made to ensure their
safety, dignity, and access to essential services. Ferris and Kagan highlight the need for
a rights-based approach that prioritizes the voices and agency of IDPs in all stages of
planning and implementation.
In conclusion, Ferris and Kagan provide a comprehensive analysis of the evolving
humanitarian landscape and its implications for internally displaced persons. By
advocating for a shift from immediate relief to sustainable solutions, the authors
emphasize the importance of collaboration, data-driven decision-making, and a rightsbased approach in addressing the needs of IDPs. As the challenges of internal
displacement persist, Ferris and Kagan's insights remain vital for informing effective and
inclusive strategies that prioritize the dignity and rights of internally displaced
individuals.
In “The Nigerian Crisis: Internal Displacement and the Role of Governance,” Abubakar
examines the complex landscape of internal displacement in Nigeria, emphasizing the
critical interplay between governance, conflict, and humanitarian responses. This
analysis sheds light on the factors contributing to the plight of internally displaced
persons (IDPs) in Nigeria, as well as the challenges they face in accessing essential
services.
Abubakar begins by contextualizing the internal displacement crisis within Nigeria,
noting that the country has witnessed a significant increase in the number of IDPs due
to various factors, including armed conflict, violence, and communal clashes. The
author underscores the urgent need to understand how governance structures and
responses shape the experiences of IDPs, particularly in a country where internal
displacement has become a pressing humanitarian issue.
The study identifies several key factors contributing to internal displacement in Nigeria.
Abubakar highlights that conflict especially in regions such as the Northeast, where the
Boko Haram insurgency has caused widespread violence is a primary driver of
displacement. Additionally, communal clashes and violence over resources,
exacerbated by socio-economic challenges and environmental degradation, further
contribute to the growing number of IDPs in Nigeria. The author emphasizes the need to
address these root causes to effectively mitigate displacement.
A central theme of Abubakar’s analysis is the role of governance in shaping the
experiences of IDPs. The study argues that weak governance structures and a lack of
accountability have significantly hindered the ability of authorities to respond effectively
to the needs of displaced populations. The author points out that inadequate political
will, corruption, and inefficiencies in government response mechanisms have led to a
failure to provide adequate protection and assistance to IDPs. This governance gap
exacerbates the vulnerability of IDPs, limiting their access to essential services.
Abubakar critically examines the effectiveness of humanitarian responses to the internal
displacement crisis in Nigeria. He notes that while various international and local
humanitarian organizations have mobilized resources to assist IDPs, challenges remain
in delivering comprehensive and coordinated support. The author highlights issues such
as inadequate funding, logistical constraints, and a lack of collaboration between
government agencies and humanitarian actors. These challenges often result in
fragmented responses that fail to address the holistic needs of IDPs.115
One of the most pressing concerns highlighted in the study is the difficulty IDPs face in
accessing essential services such as healthcare, education, and livelihood
opportunities. Abubakar notes that many IDPs are forced to live in overcrowded camps
or makeshift shelters, where access to basic necessities is limited. The author
emphasizes that the lack of adequate healthcare facilities, educational resources, and
economic opportunities not only perpetuates the cycle of vulnerability but also hinders
1. 115Abubakar, I. (2018). The Nigerian Crisis: Internal Displacement and the Role of
Governance.
the potential for durable solutions for IDPs.
The study underscores the important role that civil society organizations and local
communities play in responding to the needs of IDPs. Abubakar argues that grassroots
initiatives and local partnerships can enhance the effectiveness of humanitarian
responses by providing culturally sensitive support and fostering community resilience.
The author advocates for greater recognition of local actors in the humanitarian
response, emphasizing that their involvement is essential for tailoring interventions to
the specific needs of IDPs.
In light of the challenges identified, Abubakar offers several policy recommendations
aimed at improving governance and enhancing the protection of IDPs in Nigeria. He
calls for strengthened governance frameworks that prioritize accountability and
transparency in addressing internal displacement. Additionally, the author advocates for
increased collaboration between government entities, humanitarian organizations, and
local communities to ensure a more coordinated and effective response to the needs of
IDPs.
Abubakar emphasizes that a comprehensive approach to displacement should
encompass not only immediate humanitarian assistance but also long-term strategies
for reintegration and recovery. By including IDPs in national planning processes,
authorities can work towards creating sustainable solutions that empower displaced
populations and foster social cohesion.
Abubakar contributes significantly to the discourse on internal displacement in Nigeria
by highlighting the critical links between governance, conflict, and humanitarian
responses. The study provides a nuanced analysis of the factors that contribute to
internal displacement and the challenges faced by IDPs in accessing essential services.
By emphasizing the importance of effective governance and accountability, Abubakar’s
work serves as a valuable resource for policymakers, practitioners, and scholars
interested in understanding the complexities of internal displacement in Nigeria. The
recommendations put forth in the study offer actionable insights for improving the
response to IDPs and addressing the root causes of displacement.
Abubakar offers a comprehensive examination of the internal displacement crisis in
Nigeria, focusing on the interplay of governance, conflict, and humanitarian responses.
By identifying the challenges faced by IDPs and highlighting the need for improved
governance and collaboration, Abubakar’s study provides essential insights for
informing effective strategies to support and protect internally displaced persons in
Nigeria. As the crisis continues to evolve, the recommendations outlined in the study
are vital for shaping a more effective and inclusive approach to addressing the needs of
IDPs.
Adebayo in “Conflict, Displacement, and Humanitarian Responses in Nigeria,” provides
a comprehensive analysis of the complex interplay between conflict, internal
displacement, and humanitarian responses in Nigeria. The study delves into the
underlying factors contributing to displacement, examines the government and
international actors’ responses, and highlights the urgent need for coordinated efforts to
effectively address the needs of internally displaced persons (IDPs) in the country.
Adebayo sets the stage by contextualizing the ongoing conflict in Nigeria, particularly in
regions such as the Northeast, which has been severely affected by the Boko Haram
insurgency and other forms of violence. The author notes that the escalation of conflict
has resulted in a significant increase in the number of IDPs, with millions forced to flee
their homes. Adebayo argues that understanding the dynamics of displacement is
crucial for developing effective humanitarian responses and ensuring the protection of
IDPs’ rights.
Adebayo’s analysis is the impact of conflict on internal displacement in Nigeria. The
author identifies various factors that contribute to the displacement crisis, including
armed conflict, ethnic tensions, and resource competition. Adebayo emphasizes that
these conflicts are often interrelated and have long-lasting implications for the affected
populations, particularly in terms of their safety, livelihood, and access to basic services.
Adebayo critically examines the Nigerian government’s response to the internal
displacement crisis, highlighting both achievements and shortcomings. The author
notes that the government has implemented various policies and frameworks aimed at
addressing the needs of IDPs, including the establishment of the National Commission
for Refugees, Migrants, and Internally Displaced Persons. However, Adebayo points out
that the government’s response has often been hampered by challenges such as
inadequate funding, bureaucratic inefficiencies, and a lack of comprehensive data on
IDPs.
The publication discusses the role of international actors, including humanitarian
organizations and agencies, in responding to the internal displacement crisis in Nigeria.
Adebayo highlights the critical contributions of organizations such as the United Nations
High Commissioner for Refugees (UNHCR), the International Organization for Migration
(IOM), and various non-governmental organizations (NGOs). The author emphasizes
that these actors play a vital role in providing essential services, including shelter, food
assistance, healthcare, and psychosocial support to IDPs.116
Adebayo identifies several challenges that hinder effective humanitarian responses to
internal displacement in Nigeria. These include security concerns that limit access to
affected areas, insufficient coordination among humanitarian actors, and competing
priorities that can lead to fragmented responses. The author stresses the need for a
more unified and collaborative approach to humanitarian action, particularly in
coordinating efforts among government agencies and international organizations.
A central argument in Adebayo’s study is the pressing need for coordinated efforts
among various stakeholders to address the needs of IDPs effectively. The author
advocates for improved communication and collaboration between government
authorities, humanitarian organizations, and local communities to ensure that responses
are timely, effective, and culturally sensitive. Adebayo emphasizes that a collaborative
approach can enhance resource mobilization, improve service delivery, and strengthen
the overall response to the crisis.
Adebayo underscores the importance of involving local communities in the humanitarian
response process. The study highlights that community participation can lead to more
effective and sustainable solutions by leveraging local knowledge and resources.
Adebayo argues that empowering IDPs and host communities to take an active role in
decision-making processes can enhance their resilience and capacity to cope with the
116
A.Adebayo, 2020 Conflict, Displacement, and Humanitarian Responses in Nigeria.
challenges of displacement.
In light of the findings, Adebayo offers several policy recommendations aimed at
improving the humanitarian response to internal displacement in Nigeria. These include
enhancing the capacity of government agencies to respond to displacement, increasing
funding for humanitarian programs, and fostering greater collaboration among
stakeholders. The author also calls for the development of comprehensive data systems
to monitor the situation of IDPs and inform evidence-based decision-making.
In conclusion, Adebayo offers a thorough examination of the multifaceted nature of
internal displacement in Nigeria. By highlighting the challenges faced by IDPs and the
importance of coordinated efforts among various stakeholders, the publication provides
essential insights for shaping effective humanitarian strategies. As the crisis continues
to evolve, Adebayo’s recommendations serve as a crucial guide for enhancing the
response to internal displacement and ensuring the protection of the rights and dignity
of IDPs in Nigeria.
In "Human Rights and Internally Displaced Persons in Nigeria," Odinkalu provides a
comprehensive analysis of the human rights challenges faced by internally displaced
persons (IDPs) in Nigeria. The book discusses how internal displacement, caused by
conflict, environmental factors, and poor governance, has exacerbated human rights
abuses against vulnerable populations, particularly women and children. Odinkalu’s
work highlights the inadequacies of legal protections and the structural weaknesses of
government responses to displacement crises in Nigeria.
Odinkalu situates the issue of internal displacement within the larger political, social,
and economic context of Nigeria. He identifies key drivers of displacement, including the
Boko Haram insurgency in the northeastern part of the country, communal violence, and
environmental degradation caused by climate change and desertification. According to
Odinkalu, these crises have created a humanitarian disaster, with millions of Nigerians
displaced from their homes and communities.117
Odinkalu's work aligns with broader literature on displacement in Nigeria, such as the
studies by Jide Okeke on the Boko Haram conflict and its effects on displacement,
which also underscore the role of insecurity in exacerbating humanitarian crises.
One of the central arguments of Odinkalu’s book is that the existing legal and
institutional frameworks for protecting IDPs in Nigeria are grossly inadequate. He
critiques both national and international systems for failing to ensure the rights and
security of IDPs. Nigeria lacks specific laws that address the needs of IDPs, relying
instead on broader human rights and humanitarian frameworks that do not fully capture
the unique challenges of internal displacement.118
Odinkalu emphasizes that while international conventions, such as the United Nations
Guiding Principles on Internal Displacement, provide some guidelines, the
implementation of these principles in Nigeria is weak due to poor governance,
corruption, and lack of political will.
117
118
C.A. Odinkalu 2019, Human Rights and Internally Displaced Persons in Nigeria
C.A. Odinkalu, 2019 Human Rights and Internally Displaced Persons.
Odinkalu details the various human rights violations faced by IDPs, which include lack
of access to shelter, food, healthcare, and education. The most vulnerable groups such
women, children, and the elderly often bear the brunt of these violations. Women, in
particular, face gender-based violence in IDP camps, including sexual exploitation and
abuse, with little recourse to justice. He emphasizes the urgent need for legal reforms
that prioritize the protection of displaced persons and establish accountability measures
for human rights violations.
Odinkalu is critical of the Nigerian government’s response to the IDP crisis, particularly
its failure to provide adequate humanitarian assistance. He argues that government
efforts have been disorganized and underfunded, leaving international organizations
and non-governmental organizations (NGOs) to fill the gap. Even when resources are
allocated, they are often mismanaged or siphoned off due to corruption.
In his concluding chapters Odinkalu offers several recommendations for improving the
situation of IDPs in Nigeria. He advocates for the enactment of national legislation
specifically designed to address the needs of IDPs, drawing on best practices from
other countries that have successfully implemented such frameworks. He also calls for
a stronger role for the judiciary in protecting the rights of IDPs and ensuring that
government actions are in line with human rights standards.He emphasizes that without
these reforms, the cycle of displacement and human rights violations will continue
unabated, with devastating consequences for Nigeria’s most vulnerable populations.
Agbede in "Governance and Internal Displacement: Perspectives from Nigeria"
presents a critical examination of the governance structures and their responses to
internal displacement in Nigeria. The book highlights the challenges associated with
managing displaced populations, particularly the lack of coherent policy frameworks,
weak institutional capacity, and the role of corruption in undermining effective
responses. Agbede’s work contributes to the discourse on internal displacement by
offering a detailed analysis of the governance gaps and proposing solutions aimed at
addressing the displacement crisis.
Agbede begins by contextualizing internal displacement in Nigeria, drawing attention to
the multiple factors that drive displacement, including violent conflicts, insurgencies, and
environmental disasters. She points out that the Nigerian government has consistently
struggled to provide adequate protection and assistance to internally displaced persons
(IDPs). According to Agbede, these governance failures are deeply rooted in systemic
weaknesses within Nigeria’s political and administrative institutions.119
A central theme in Agbede’s work is the inadequacy of Nigeria’s policy and institutional
frameworks for addressing internal displacement. She argues that while Nigeria is a
signatory to international instruments such as the African Union’s Kampala Convention
on the Protection and Assistance of Internally Displaced Persons, the country has been
slow in domesticating these principles into national law and implementing them
effectively.120 She shows how weak institutional coordination, overlapping mandates
between agencies, and poor resource allocation have resulted in ineffective
119
120
M.Agbede 2016, Governance and Internal Displacement: Perspectives from Nigeria
M. Agbede 2016, Governance and Internally Displaced Persons: perspectives from Nigeria
management of IDP camps and failure to provide durable solutions for the most
vulnerable displaced perssons.
Agbede places significant emphasis on the role of corruption in undermining efforts to
address the displacement crisis. She argues that despite the allocation of funds for IDP
assistance, widespread corruption within government agencies has resulted in the
diversion of resources meant for displaced populations. This corruption has not only
hampered immediate relief efforts but has also contributed to prolonged displacement,
as funds intended for resettlement and rehabilitation projects are frequently
misappropriated and that addressing corruption within governance structures is
essential to ensuring that resources reach displaced populations and are used
effectively to alleviate their suffering.
In her analysis of IDP camps, Agbede highlights the human rights violations that
displaced persons often face. She documents cases of inadequate food supply, lack of
healthcare services, and unsafe living conditions in IDP camps, particularly for women
and children who are at risk of gender-based violence and exploitation. Agbede
criticizes the Nigerian government for failing to uphold its obligations under international
human rights frameworks to protect IDPs from abuse and exploitation and calls for the
establishment of stronger oversight mechanisms within IDP camps to ensure that the
rights of displaced persons are protected, and perpetrators of abuse are held
accountable.
Agbede concludes her work by offering several recommendations for improving
governance responses to internal displacement. She advocates for the domestication of
international treaties on IDP protection into Nigerian law, as well as the creation of a
dedicated government agency to coordinate displacement responses. Agbede also calls
for greater transparency and accountability in the management of resources allocated
for IDP assistance, arguing that reducing corruption is essential to improving service
delivery in IDP camps. Agbede emphasizes that without significant reforms in
governance, Nigeria will continue to struggle with managing its displaced populations
and ensuring their safe and dignified return to their communities.
By highlighting the failures of existing policies, institutional weaknesses, and the role of
corruption, Agbede provides a comprehensive framework for understanding why
internal displacement remains a persistent issue in Nigeria. Her recommendations for
legal and institutional reforms offer a roadmap for improving governance and
addressing the displacement crisis, making her work a valuable contribution to the field.
Obasi in his book "Terrorism and Human Displacement in Nigeria: Understanding the
Boko Haram Crisis" presents an in-depth analysis of the complex relationship between
terrorism and internal displacement in Nigeria, with a particular focus on the Boko
Haram insurgency. The book explores how the activities of Boko Haram, which began
as a localized movement in northeastern Nigeria, have escalated into a full-scale
humanitarian crisis, displacing millions of people across Nigeria and the Lake Chad
Basin region. Obasi’s work is significant in its detailed exploration of the socio-political
and economic factors driving both the insurgency and the subsequent displacement
crisis.
Obasi begins his analysis by tracing the origins of Boko Haram, situating the insurgency
within a broader historical and socio-economic context. He argues that the roots of the
crisis can be traced to a combination of poverty, unemployment, and political
marginalization in the northeastern region of Nigeria. Boko Haram initially capitalized on
widespread discontent and religious extremism to gain followers, but over time, its
tactics became increasingly violent, leading to mass killings, abductions, and the
destruction of entire communities.121 Obasi further notes that the Nigerian government's
inability to address the underlying issues of poverty and unemployment contributed to
the rise of Boko Haram, as disenfranchised youth were easily recruited into the
movement.
One of the key contributions of Obasi’s book is its detailed analysis of the displacement
crisis caused by Boko Haram’s activities. The insurgency has forced millions of people
to flee their homes, creating one of the largest internal displacement crises in Africa.
Obasi highlights how Boko Haram’s violent tactics such as bombings, raids, and
abductions have devastated communities in the Northeast, leading to mass
displacement and a protracted humanitarian crisis.122
Obasi stresses that the displacement crisis is not only a consequence of the violence
but is also exacerbated by the lack of adequate government response to the
humanitarian needs of the displaced populations.
121
N. Obasi., 2017, Terrorism and Human Displacement in Nigeria:Understanding the Boko Haram
Crisis.
122
Ibid
Obasi provides a critical assessment of the Nigerian government’s response to the
Boko Haram-induced displacement crisis. He argues that the government’s efforts have
been largely inadequate, characterized by a lack of coordination, corruption, and
insufficient resources. Although the government has established agencies such as the
National Emergency Management Agency (NEMA) to manage the crisis, Obasi notes
that these institutions often lack the capacity to provide effective and timely assistance
to displaced persons. He points out that the mismanagement of resources intended for
IDP assistance has led to worsening conditions in IDP camps, where displaced persons
often lack access to basic necessities and are subjected to human rights abuses.
In his discussion of the human rights situation, Obasi draws attention to the plight of
vulnerable groups within IDP camps, particularly women and children. He documents
numerous cases of sexual violence, exploitation, and abuse in camps, perpetrated by
both insurgents and security personnel. Obasi argues that the Nigerian government has
failed to provide adequate protection for these vulnerable populations, and calls for
stronger legal frameworks and oversight mechanisms to ensure the safety and dignity of
displaced persons. Obasi also calls for greater international involvement in addressing
the displacement crisis, urging the international community to increase funding and
support for humanitarian efforts in Nigeria.123
Obasi concludes his work by offering several recommendations for addressing both the
Boko Haram insurgency and the displacement crisis. He advocates for a multifaceted
123
N. Obasi., 2017, Terrorism and Human Displacement in Nigeria:Understanding the Boko Haram
Crisis.
approach that includes military, political, and socio-economic solutions. Militarily, Obasi
argues that while the Nigerian government has made some progress in reclaiming
territory from Boko Haram, a long-term solution must involve addressing the root causes
of the insurgency, such as poverty and unemployment.
Obasi calls for comprehensive reforms to Nigeria’s governance structures, particularly in
terms of improving transparency and accountability in the management of resources for
IDPs. He emphasizes that without significant reforms, the displacement crisis will
continue to worsen, with devastating consequences for Nigeria’s social and economic
stability.
Ogungbemi in his book "Environmental Change and Forced Migration: A Nigerian
Perspective" explores the intricate relationship between environmental degradation and
forced migration, particularly in Nigeria. The book offers a critical analysis of how
climate change, deforestation, desertification, flooding, and other environmental
challenges have contributed to the displacement of people across the country.
Ogungbemi draws attention to the growing phenomenon of environmental migration and
calls for urgent policy interventions to address both the causes and consequences of
forced migration induced by environmental factors.
Ogungbemi begins by providing a detailed overview of the environmental challenges
facing Nigeria, linking them directly to forced migration. He identifies desertification in
the northern regions, deforestation in the central belt, and flooding in the southern
coastal areas as key drivers of displacement. He argues that these environmental
changes have severely impacted the livelihoods of many Nigerians, particularly those in
rural and agrarian communities who depend on the land for survival. 124
A central theme in Ogungbemi’s book is the impact of climate change on displacement
patterns in Nigeria. He argues that climate change has exacerbated the existing
environmental problems, making them more severe and frequent. For instance, the
increased frequency of extreme weather events, such as floods and droughts, has
displaced thousands of people, particularly in vulnerable communities.125 Ogungbemi’s
analysis of climate-induced migration is supported by data showing that Nigeria is one
of the African countries most vulnerable to the effects of climate change.
Ogungbemi critically assesses Nigeria’s policy response to environmental migration,
arguing that there is a significant gap between the scale of the problem and the
government’s capacity to address it. While Nigeria has adopted several policies aimed
at mitigating environmental degradation such as the Great Green Wall Initiative to
combat desertification, Ogungbemi contends that these efforts have been insufficient,
poorly coordinated, and often undermined by corruption.
Ogungbemi also delves into the humanitarian challenges posed by environmental
migration. He highlights how displaced populations often face severe difficulties in
accessing basic services such as food, shelter, and healthcare. In particular, he focuses
on the plight of women and children, who are disproportionately affected by forced
migration due to environmental changes. Ogungbemi documents cases of gender-
124
125
O. Ogungbemi 2019.,Environmental change and Forced Migration: A Nigerian Perspective
Ibid
based violence, child labor, and exploitation in displacement camps, calling for more
targeted interventions to protect vulnerable groups and calls for more inclusive policies
that address the needs of vulnerable groups is an important contribution to the broader
discourse on environmental migration and human rights.126
Ogungbemi offers several recommendations for addressing environmental migration in
Nigeria. He advocates for stronger environmental protection policies, improved land
management practices, and investment in sustainable agriculture to reduce the
pressures that lead to displacement. Ogungbemi also calls for greater regional
cooperation among West African countries, arguing that environmental migration is a
transnational issue that requires collective action.
Ogungbemi’s emphasis on sustainable development and climate adaptation is a key
contribution to the ongoing discussions on how to mitigate the effects of environmental
change on migration in Nigeria and provides a thorough and insightful analysis of the
environmental drivers of forced migration in Nigeria. By examining the links between
climate change, environmental degradation, and displacement, Ogungbemi contributes
significantly to the understanding of how environmental factors shape migration patterns
in Nigeria.
Akinyemi in his book "The Political Economy of Internal Displacement in Nigeria" offers
a comprehensive analysis of the economic and political forces that shape the internal
displacement crisis in Nigeria. The book critically examines how political decisions,
126
O. Ogungbemi 2019.,Environmental change and Forced Migration: A Nigerian Perspective
economic inequalities, and governance failures intersect to exacerbate the problem of
internal displacement in the country. Akinyemi argues that internal displacement in
Nigeria is not just the result of conflict and environmental disasters but also deeply
rooted in the political economy of the state.
Akinyemi begins by providing a historical overview of internal displacement in Nigeria,
situating it within the broader context of political instability, ethnic conflicts, and poor
governance. He argues that internal displacement has been a recurring issue since
Nigeria’s independence, with various military coups, civil wars, and ethnic violence
contributing to the forced movement of populations.127 In particular, he focuses on the
impact of the Nigerian Civil War (1967–1970) and the subsequent marginalization of
certain ethnic groups, which laid the groundwork for future conflicts and displacement
crises.
One of the key contributions of Akinyemi’s book is its exploration of the economic
dimensions of internal displacement in Nigeria. He argues that poverty, unemployment,
and economic inequalities are major drivers of displacement, particularly in the northern
and central regions of the country. Akinyemi contends that the lack of economic
opportunities in these regions has fueled conflicts over land, resources, and political
power, leading to widespread displacement.128
Akinyemi offers a critical assessment of the Nigerian government’s response to internal
displacement, arguing that the government has been largely ineffective in addressing
127
128
O. Akinyemi, 2018,.The Political economy of Internal Displacement in Nigeria.
Ibid
the crisis. He points to a lack of coordination among federal, state, and local authorities,
as well as corruption and mismanagement, as major obstacles to a comprehensive
displacement response. The author also highlights how political elites have often used
displacement crises for their own gain, manipulating humanitarian aid and resettlement
programs for political leverage.
Akinyemi devotes a significant portion of his book to the social and humanitarian
impacts of internal displacement, particularly on vulnerable populations such as women,
children, and the elderly. He discusses how displaced persons often face severe
challenges in accessing basic services such as healthcare, education, and clean water,
and how their displacement makes them more vulnerable to exploitation and abuse.129
In this regard, Akinyemi’s analysis aligns with the work of other scholars who have
highlighted the gendered and generational dimensions of displacement. Amina
Abubakar, for example, explores how women and children in IDP camps are particularly
vulnerable to gender-based violence, human trafficking, and exploitation due to the
breakdown of social structures during displacement.
A key theme in Akinyemi’s book is the role of resource conflicts in driving internal
displacement. He examines how competition over land, water, and other natural
resources has been a significant factor in Nigeria’s displacement crisis, particularly in
the northern and central regions. The author argues that Nigeria’s resource governance
129
O. Akinyemi, 2018,.The Political economy of Internal Displacement in Nigeria.
is deeply flawed, with uneven distribution of land and resources exacerbating ethnic and
regional tensions.
Akinyemi’s focus on the political economy of resource governance adds a valuable
dimension to the understanding of Nigeria’s displacement crisis and concludes his book
by offering several recommendations for addressing internal displacement in Nigeria.
He advocates for comprehensive reforms to Nigeria’s political and economic structures,
including better resource management, increased investment in underdeveloped
regions, and the establishment of stronger governance frameworks to manage
displacement more effectively. He also calls for greater collaboration between the
government, civil society, and international organizations to ensure that displaced
populations receive adequate protection and assistance.
By examining the historical, economic, and governance dimensions of displacement,
Akinyemi contributes significantly to the understanding of the root causes of Nigeria’s
displacement crisis. His critical assessment of the government’s response, as well as
his recommendations for reform, offer practical solutions to the ongoing challenges
facing internally displaced persons in Nigeria.
Abubakar in her book "Women and Children in Displacement: The Nigerian Context"
provides a thorough examination of the unique challenges faced by women and children
in displacement settings in Nigeria. The book addresses the gendered and generational
aspects of internal displacement, exploring how these vulnerable groups are
disproportionately affected by conflicts, natural disasters, and other displacement
inducing factors. Abubakar’s work highlights the structural inequalities that exacerbate
the suffering of displaced women and children, as well as the gaps in humanitarian
responses to their needs.
Abubakar begins by discussing the gender-specific challenges that women face in
displacement situations, such as gender-based violence, sexual exploitation, and limited
access to reproductive health services. She argues that displacement increases
women’s vulnerability to these risks, particularly in conflict-affected regions like
northeastern Nigeria, where the Boko Haram insurgency has displaced millions of
people.130
Abubakar devotes significant attention to the impact of displacement on children,
particularly in terms of education and psychosocial well-being. She highlights the
disruption of education for displaced children, many of whom face long-term
interruptions in schooling due to the loss of educational infrastructure and insecurity in
displacement camps.131 The lack of access to formal education, coupled with the
trauma of displacement, has long-lasting effects on children’s mental and emotional
development.
Abubakar addresses the lack of access to essential healthcare services, particularly
sexual and reproductive health (SRH) services for displaced women. She argues that in
displacement settings, women often face barriers to accessing contraception, prenatal
care, and safe childbirth services, which can result in higher maternal and infant
130
A. Abubakar, Women and Children in Displacement: The Nigerian Context
Ibid
131
mortality rates. Abubakar also points to the lack of adequate healthcare infrastructure in
IDP camps as a contributing factor to these challenges.
Another key theme in Abubakar’s book is the economic challenges that women and
children face in displacement settings. She argues that displacement often strips
women of their economic independence, as they lose access to livelihoods, land, and
property. Women in displacement camps are frequently left to rely on humanitarian aid,
which is often insufficient and unsustainable. Abubakar advocates for more targeted
livelihood programs to help displaced women regain their financial independence.132
In her critique of the humanitarian response to displacement in Nigeria, Abubakar
argues that existing policies and interventions fail to adequately address the specific
needs of women and children. She points out that while international and local
humanitarian organizations provide essential services such as food, water, and shelter,
there are significant gaps in the provision of gender-sensitive and child-friendly services.
Abubakar calls for a more comprehensive approach to humanitarian aid that considers
the distinct needs of these vulnerable groups.133
Abubakar offers several recommendations for improving the conditions of displaced
women and children in Nigeria. She advocates for the inclusion of gender-sensitive
policies in national and local displacement management frameworks and calls for
greater investment in healthcare, education, and economic empowerment programs for
displaced women and children. Abubakar also stresses the importance of integrating
132
Amina Abubakar, Women and Children in Displacement: The Nigerian Context
Ibid
133
mental health services into humanitarian aid programs to address the psychological
trauma experienced by displaced children.
rm if their mental health needs are not addressed.^18
By examining the gendered and generational dimensions of displacement, Abubakar
highlights the vulnerabilities of these groups and critiques the inadequacies of the
current humanitarian response. Her recommendations for more gender-sensitive
policies, better healthcare, and targeted economic empowerment programs offer
practical solutions to improving the conditions of displaced women and children in
Nigeria.
Olonisakin in "Women and Children in Conflict: The Nigerian Experience" offers an indepth exploration of how women and children are disproportionately affected by conflict
in Nigeria. Through a comprehensive analysis of different conflict zones, including the
Boko Haram insurgency in the northeast and communal violence in the Middle Belt,
Olonisakin emphasizes the gendered and generational impacts of conflict. Her work
highlights how structural inequalities, gender-based violence, and the breakdown of
social services during conflict exacerbate the vulnerabilities of these groups.
Olonisakin argues that women are often primary victims of conflict due to their
marginalized status in Nigerian society. Conflict settings exacerbate pre-existing gender
inequalities, making women more susceptible to sexual violence, exploitation, and
economic hardship. In conflict zones like Borno and Adamawa, women are frequently
subjected to abduction, forced marriage, and sexual slavery, especially by groups like
Boko Haram. The author highlights how these acts of violence are not only physical but
also serve as tools of war to destabilize communities and exert control over civilian
populations.134
A central theme in Olonisakin’s work is the impact of conflict on children, especially in
terms of education, psychological well-being, and forced recruitment into armed groups.
She notes that in regions affected by the Boko Haram insurgency, thousands of children
have been separated from their families, displaced from their homes, and deprived of
access to education. Many of these children are also recruited as child soldiers or used
as human shields by armed groups. The psychological trauma experienced by children
in conflict zones is profound, with many suffering from post-traumatic stress disorder
(PTSD), anxiety, and depression.135
Olonisakin dedicates a significant portion of her book to the issue of gender-based
violence (GBV), particularly sexual violence, which is pervasive in Nigerian conflict
zones. She notes that in addition to the atrocities committed by armed groups like Boko
Haram, there have been reports of sexual abuse and exploitation by security forces and
humanitarian workers in internally displaced persons (IDP) camps. These acts of
violence further compound the hardships faced by displaced women and girls, who
often have limited access to justice and support services.136
Olonisakin critiques the inadequacy of humanitarian responses to the needs of women
and children in conflict zones. She argues that while international and local
humanitarian organizations provide essential services such as food and shelter, they
F. Olonisakin, 2019, ‘Women and Children in Conflict: The Nigerian Experience’’
Ibid
136
Ibid
134
135
often overlook the specific needs of women and children, particularly in the areas of
healthcare, psychosocial support, and legal protection. Women in IDP camps, for
example, frequently face difficulties accessing reproductive health services and are at
risk of sexual violence, while displaced children suffer from inadequate educational and
recreational opportunities.137
Olonisakin offers several policy recommendations to improve the situation for women
and children affected by conflict in Nigeria. She calls for the integration of gendersensitive policies into national and regional conflict management frameworks, as well as
the establishment of stronger legal protections for victims of gender-based violence.
Additionally, Olonisakin advocates for greater investment in education and mental
health services for children in conflict zones, emphasizing the need for long-term
psychosocial support to help them recover from the trauma of displacement and
violence.138
By focusing on the gendered and generational dimensions of conflict, Olonisakin sheds
light on the often-overlooked vulnerabilities of these groups and critiques the
inadequacies of current humanitarian responses. Her recommendations for policy
reform offer practical solutions for improving the protection and well-being of women
and children in conflict zones.
Cohen and Deng in "Masses in Flight: The Global Crisis of Internal Displacement" is a
seminal work that explores the complex issue of internal displacement from a global
137
138
F. Olonisakin, 2019 Women and Children in Conflict: The Nigerian Experience
Ibid
perspective. The authors provide a comprehensive analysis of the root causes of
displacement, the international legal framework addressing IDPs (internally displaced
persons), and the roles of states and international organizations in protecting displaced
populations. Their work is a cornerstone in understanding the phenomenon of internal
displacement and has influenced both academic discourse and policy-making around
the world.
Cohen and Deng identify conflict, human rights violations, and environmental disasters
as the primary causes of internal displacement. They emphasize that civil wars, ethnic
strife, and political repression are the leading drivers of displacement, with millions of
people being forced to flee their homes without crossing international borders. The
authors argue that the rise in internal displacement is largely a result of the post-Cold
War global order, where many conflicts are internal rather than inter-state.139
The authors also highlight natural disasters, such as floods, earthquakes, and droughts,
as significant drivers of displacement. While the focus of the book is on conflict-induced
displacement, they acknowledge that environmental disasters contribute to the growing
number of IDPs, particularly in regions vulnerable to climate change.
One of the key contributions of Masses in Flight is its discussion of the legal and
normative vacuum that exists in addressing the plight of IDPs. Unlike refugees, who are
protected under the 1951 Refugee Convention and its 1967 Protocol, IDPs do not have
a specific international legal instrument dedicated to their protection. Cohen and Deng
139
R. Cohen and F.M. Deng,1998, Masses in Flight: The Global Crisis of Internal
Displacement,Washington, D.C.: Brookings Institution Press.
point out that IDPs remain under the jurisdiction of their own governments, which are
often the very entities responsible for their displacement.
To address this gap, Cohen and Deng played a pivotal role in developing the Guiding
Principles on Internal Displacement, which were introduced in 1998 under the United
Nations. These principles provide a normative framework for the protection of IDPs and
outline the responsibilities of national governments and the international community.
The Guiding Principles are grounded in international human rights law and humanitarian
law, and they serve as a crucial tool for advocacy and policy-making related to internal
displacement.140
Cohen and Deng emphasize that the primary responsibility for protecting IDPs lies with
national governments. However, they argue that many governments either lack the
capacity or the political will to protect displaced populations. In some cases,
governments are complicit in the displacement of their own citizens, using forced
displacement as a tool of war or political control. This raises significant challenges for
the international community, which must navigate issues of state sovereignty while
trying to provide humanitarian assistance to IDPs.141
The authors advocate for a more robust international response to internal displacement,
including stronger engagement from the United Nations, regional organizations, and
non-governmental organizations (NGOs). They call for greater coordination between
140
R. Cohen and F. M. Deng, 1998, Masses in Flight: The Global Crisis of Internal Displacement
Washington, D.C.: Brookings Institution Press..
141
Ibid
humanitarian and development actors to address both the immediate needs of IDPs and
the longer-term challenges of reintegration and reconstruction. The book also highlights
the need for international pressure on governments that fail to protect their displaced
populations, including the use of diplomatic, economic, and, in extreme cases, military
interventions.
The book also delves into the specific challenges faced by IDPs, including lack of
access to basic services, food insecurity, inadequate shelter, and vulnerability to
violence and exploitation. Cohen and Deng stress that IDPs often face worse conditions
than refugees because they remain within the borders of their country, where they may
continue to be at risk from the conflict or disaster that displaced them in the first place.
Moreover, the lack of legal status and international attention compounds their
vulnerability.142
In the concluding chapters, Cohen and Deng discuss the importance of finding durable
solutions for IDPs, including return, resettlement, and local integration. They argue that
achieving durable solutions requires not only addressing the immediate humanitarian
needs of IDPs but also tackling the root causes of displacement, such as political
instability, ethnic tensions, and economic inequality. They advocate for more
comprehensive peace-building and development efforts that involve displaced
populations in decision-making processes.143
142
R. Cohen and F. M. Deng, 1998, Masses in Flight: The Global Crisis of Internal Displacement
(Washington, D.C.: Brookings Institution Press.
143
The authors also emphasize the need for long-term development assistance to help
IDPs rebuild their lives. This includes providing access to education, healthcare, and
employment opportunities, as well as addressing issues related to land ownership and
property restitution for those who wish to return to their homes. This approach is echoed
by scholars like Jeff Crisp, who has written extensively on the importance of integrating
displacement issues into broader development frameworks.
The book provides a thorough analysis of the causes, legal frameworks, and challenges
associated with internal displacement, while also offering practical recommendations for
improving the protection and assistance of IDPs. The authors' work has had a lasting
impact on both academic scholarship and international policy, particularly through their
role in the development of the Guiding Principles on Internal Displacement.
Chapter Three
LEGAL AND INSTITUTIONAL FRAMEWORK FOR INTERNALLY DISPLACED PERSONS IN
NIGERIA
National Legal Framework on IDPS in Nigeria
3.1 The Nigerian Constitution and IDPs’ Rights
Internally Displaced Persons (IDPs) in Nigeria face significant challenges in accessing
their fundamental rights, many of which are enshrined in the Nigerian Constitution.
Despite Nigeria's progressive legal framework, IDPs, particularly those displaced by
conflict, terrorism, and natural disasters, often experience gaps in protection and access
to justice. This discussion explores the intersection between the 1999 Constitution of
Nigeria and the rights of IDPs, with an emphasis on the legal provisions that can be
invoked to protect these vulnerable populations.
The 1999 Constitution of the Federal Republic of Nigeria as amended guarantees
certain fundamental rights to all citizens, which are particularly relevant to the plight of
IDPs. Chapter IV of the Constitution outlines the Fundamental Rights that every
Nigerian is entitled to, regardless of their status.
The Right to Life provided by Section 33 Every person has the right to life, and no one
shall be deprived of this right intentionally, except in circumstances permitted by law. 144
This is critical for IDPs, who are often victims of violence and insecurity, particularly in
conflict zones like northeast Nigeria, where Boko Haram has displaced millions.
The Right to Dignity of the Human Person Section 34, This provision prohibits inhuman
or degrading treatment, which is a frequent concern in IDP camps where living
conditions are often substandard, and where sexual and gender-based violence has
been reported.145
Right to Personal Liberty Section 35, This section guarantees the right to personal
liberty and the protection of individuals from arbitrary arrest or detention.146 IDPs,
especially those displaced by insurgency or communal violence, often face arbitrary
arrests due to the suspicion of being associated with terrorist activities.
Right to Freedom of Movement provided by Section 41 every Nigerian citizen has the
right to move freely throughout Nigeria and reside in any part of the country. 147
However, in practice, IDPs are often restricted to camps and face limitations in returning
to their places of origin due to ongoing insecurity, lack of infrastructure, or government
policies.
144
The Constitution of the FRN 1999 as amended
The Constitution of the FRN 1999 as amended
146
Ibid
147
Ibid
145
The Right to Freedom from Discrimination provided Section 42.This section prohibits
discrimination on grounds of ethnic group, place of origin, sex, religion, or political
opinion.148Despite this, IDPs, particularly women and children, frequently face
discrimination in accessing services, humanitarian aid, and reintegration opportunities.
3.1.2 Limitations of the Nigerian Constitution in the Protection of IDPs
Despite these constitutional guarantees, the rights of IDPs are not always fully protected
in practice. One significant limitation is that while the Constitution guarantees certain
rights, it does not specifically mention internally displaced persons. This legal ambiguity
creates a protection gap, where IDPs may find it difficult to claim their constitutional
rights effectively.
In addition, the Fundamental Objectives and Directive Principles of State Policy found in
Chapter II of the Constitution outlines the responsibilities of the government to ensure
the welfare of its citizens, including providing adequate shelter, health services, and
social security. However, these provisions are not justiciable, meaning that citizens
cannot go to court to enforce them. This lack of enforceability undermines the protection
of social and economic rights that are crucial for IDPs, such as access to food,
healthcare, and housing.149
The disconnect between the aspirational rights in Chapter II and the enforceable rights
in Chapter IV creates a significant barrier for vulnerable groups like IDPs, who depend
on state resources for their survival and protection.
148
149
Ibid
The Constitution of the FRN, 1999, Chapter II
3.1.3 Legal Ambiguity and Lack of Specific Protections for IDPs
Another major challenge is the lack of specific constitutional provisions addressing the
rights and protection of IDPs. Unlike refugees, who are covered by international law
through instruments like the 1951 Refugee Convention, IDPs remain under the
jurisdiction of their home country, and their protection largely depends on national laws
and policies. The 1999 Nigerian Constitution does not directly address internal
displacement, creating a legal vacuum that complicates the enforcement of rights for
displaced populations.150
This absence of explicit legal recognition for IDPs in the Constitution contrasts with
Nigeria’s obligations under international and regional frameworks such as the Kampala
Convention, which requires states to protect IDPs and prevent displacement. Despite
Nigeria's ratification of the Kampala Convention in 2012, the principles of this
international agreement have not been fully domesticated into Nigerian law, leaving
IDPs without the full legal protection they need in times of crisis.151
In practice, this legal gap often results in IDPs being treated as second-class citizens.
For example, many IDPs face difficulties obtaining identification documents, which are
essential for accessing government services, exercising their voting rights, and
benefiting from social welfare programs. Without official recognition, many IDPs are
150
Ibid
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa,
Kampala Convention, ratified by Nigeria in 2012.
151
effectively stateless within their own country, unable to claim their constitutional rights to
education, healthcare, and freedom of movement.152
The 1999 Nigerian Constitution provides a solid foundation for the protection of human
rights, but the rights of IDPs remain inadequately addressed due to legal ambiguities,
institutional weaknesses, and socio-economic vulnerabilities. While fundamental rights
such as the right to life, dignity, personal liberty, and freedom from discrimination are
guaranteed to all Nigerian citizens, IDPs often face significant barriers in accessing
these rights. The lack of explicit legal protections for IDPs in the Constitution and the
non-justiciability of socio-economic rights further exacerbate their vulnerability.
To improve the protection of IDPs' rights, it is essential for the Nigerian government to
strengthen its legal and institutional frameworks, domesticate international agreements
like the Kampala Convention, and ensure that IDPs have access to justice and
humanitarian assistance. Addressing the socio-economic challenges faced by IDPs,
particularly women and children, is also critical for ensuring that they can rebuild their
lives and reintegrate into society. Ultimately, a more comprehensive approach that
integrates both legal protections and socio-economic support is necessary to uphold the
constitutional rights of IDPs in Nigeria.
3.2 National Policy on Internally Displaced Persons (IDPs)
152
N. Osita, "The Legal Challenges of IDPs in Nigeria," Nigerian Journal of International Law 8, no. 2
2021
The National Policy on Internally Displaced Persons (IDPs), first adopted in 2012 and
later revised in 2021, is Nigeria’s primary legal framework for addressing internal
displacement. It was created to mitigate the effects of displacement, provide protection
and humanitarian assistance, and facilitate durable solutions for internally displaced
persons (IDPs). This policy aligns with regional and international standards, such as the
Kampala Convention and the United Nations Guiding Principles on Internal. It also
outlines the roles and responsibilities of the government and other stakeholders in
ensuring that the rights of IDPs are upheld.
3.2.1 Key Provisions of the National Policy on IDPs
The National Policy on IDPs is a comprehensive framework that provides guidelines for
the prevention of internal displacement, the protection of displaced persons, and the
facilitation of durable solutions.
This policy emphasizes the need for measures to prevent displacement caused by
conflict, natural disasters, and development projects. This includes early warning
systems, conflict resolution mechanisms, and the enforcement of environmental laws to
prevent displacement due to natural hazards. It also underscores the importance of
ensuring that development projects are carried out with respect for human rights,
minimizing displacement as much as possible.153
153
National Policy on Internally Displaced Persons (IDPs) in Nigeria,2021
The policy also outlines the government’s obligation to protect the rights of IDPs, which
include the rights to life, dignity, personal security, and access to basic services such as
healthcare, education, and shelter. It also emphasizes the protection of vulnerable
groups such as women, children, the elderly, and people with disabilities, who may face
heightened risks during displacement.154
The policy mandates the provision of essential services such as food, water,
healthcare, and education to displaced persons. It recognizes the need for coordinated
humanitarian assistance from both government agencies and non-governmental
organizations (NGOs). The policy encourages the involvement of international
humanitarian organizations to ensure that IDPs receive timely and adequate support.155
A significant aspect of the policy is the focus on durable solutions for IDPs, including
return, resettlement, and local integration. The policy promotes the safe, voluntary, and
dignified return of IDPs to their places of origin when conditions allow, or their resettlement in
other parts of the country. It also supports local integration for IDPs who choose to remain in
host communities, ensuring that they can access basic services and participate fully in
economic and social life.156
3.2.3 Alignment with International and Regional Frameworks
The National Policy on IDPs is aligned with several key international and regional
frameworks that provide guidelines for the protection and assistance of IDPs.
154
Ibid
Ibid
156
National Policy on Internally Displaced Persons (IDPs) in Nigeria (2021)
155
The African Union Convention for the Protection and Assistance of Internally Displaced
Persons in Africa, commonly known as the Kampala Convention, was ratified by Nigeria
in 2012. The Kampala Convention is the first binding regional treaty on internal
displacement, and it obligates states to prevent displacement, protect displaced
persons, and provide durable solutions.157 The National Policy on IDPs incorporates
many of the provisions of the Kampala Convention, particularly in terms of the
government’s responsibility to prevent displacement and protect IDPs.
The Guiding Principles on Internal Displacement, developed by the United Nations in
1998, are a set of non-binding principles that outline the rights of IDPs and the
responsibilities of governments and humanitarian actors. The National Policy on IDPs is
largely based on these principles, particularly in its emphasis on the protection of
human rights and the provision of humanitarian assistance.158
The policy also aligns with broader international human rights frameworks, such as the
Universal Declaration of Human Rights and the International Covenant on Civil and
Political Rights, which guarantee the right to life, dignity, and freedom from
discrimination. In this regard, the policy reinforces Nigeria’s commitment to upholding
the fundamental rights of its citizens, including IDPs.
3.2.3. Nigeria's Government Responsibilities Under the Policy
157
158
Kampala Convention, African Union 2009, Article 2.
UN Guiding Principles on Internal Displacement 1998, Principle 1-2.
The National Policy on IDPs places significant responsibilities on the Nigerian
government at both the federal and state levels. These responsibilities include:
Coordination of Humanitarian Assistance: The policy mandates the federal
government, through the National Emergency Management Agency (NEMA) and the
National Commission for Refugees, Migrants, and Internally Displaced Persons
(NCFRMI), to coordinate humanitarian assistance to IDPs. This includes ensuring that
displaced persons have access to food, water, healthcare, and shelter.159
Legal Protection: The government is responsible for ensuring that IDPs are protected
under the law. This includes protecting them from arbitrary displacement, ensuring their
safety in camps, and safeguarding their rights to education, health, and employment.
The policy also emphasizes the importance of protecting vulnerable groups, such as women
and children, from gender-based violence and exploitation.160
Support for Durable Solutions: The policy outlines the government’s role in
facilitating durable solutions for IDPs, including supporting their return, resettlement, or
local integration. The government is tasked with ensuring that conditions are conducive
for IDPs to return to their homes safely and voluntarily or to integrate into new
communities where they can rebuild their lives.161
3.2. Challenges in the Implementation of the Policy
159
National Policy on IDPs 2021, 10-12.
The Constitution of the FRN 1999, Chapter IV.
161
National Policy on IDPs 2021, 16.
160
Despite the comprehensive framework provided by the National Policy on IDPs, there
are significant challenges in its implementation. These challenges include:
Lack of Adequate Funding: One of the major challenges in the implementation of the
policy is the lack of adequate funding for humanitarian assistance and protection
programs. Both NEMA and NCFRMI have faced budgetary constraints, which have
limited their ability to provide sufficient services to IDPs162.
5.2 Coordination and Bureaucracy: There are often issues of coordination between
federal and state agencies, as well as between government institutions and international
humanitarian organizations. Bureaucratic delays and inefficiencies have sometimes
hindered the timely delivery of assistance to IDPs.163
5.3 Security Concerns: In conflict-affected areas, such as the northeast, ongoing
insecurity poses a significant challenge to the implementation of the policy.
Humanitarian workers have faced difficulties accessing certain regions, and IDPs
returning to their homes are often exposed to continued violence from insurgent
groups.164
5.4 Social and Economic Barriers: IDPs often face social and economic barriers to
reintegration, particularly in host communities. Discrimination, lack of access to
livelihoods, and inadequate social services hinder their ability to rebuild their lives. The
N. Osita.,2020 "Challenges in Nigeria’s IDP Crisis," Journal of Humanitarian Studies 6.
NEMA Report on Displacement, 2020, 25-28.
164
National Policy on IDPs 2021, 18.
162
163
policy acknowledges the need for long-term development programs to support the economic
and social reintegration of IDPs, but progress in this area has been slow.165
3.3.4 Impact of the 2021 Revision
The 2021 revision of the National Policy on IDPs introduced several important updates
aimed at addressing some of the challenges identified in the earlier version of the
policy. Key improvements include:
Strengthened Focus on Protection: The revised policy places greater emphasis on
the protection of IDPs, particularly in conflict zones. It highlights the need for more
robust security measures in IDP camps and more comprehensive legal protections for
vulnerable groups, including women and children.166
Improved Coordination Mechanisms: The 2021 revision also seeks to improve
coordination between federal, state, and local authorities, as well as between
government agencies and international humanitarian organizations. This is intended to
streamline the delivery of services and reduce delays in humanitarian response
efforts.167
Increased Role of Host Communities: The revised policy recognizes the importance
of involving host communities in the reintegration of IDPs. It emphasizes communitybased approaches to ensure that IDPs are welcomed and supported in their efforts to
165
Ibid 24-26
National Policy on IDPs (2021), 18.
167
Ibid 29-30
166
rebuild their lives, while also addressing potential tensions between IDPs and host
communities.168
The National Policy on IDPs in Nigeria represents a crucial step toward addressing the
needs of internally displaced persons, who face significant challenges due to conflict,
natural disasters, and development projects. The policy’s alignment with international
frameworks such as the Kampala Convention and the UN Guiding Principles on Internal
Displacement strengthens its legal and humanitarian foundations.
However, the successful implementation of the policy remains hampered by funding
constraints, coordination challenges, and ongoing insecurity in conflict-affected areas.
The 2021 revision of the policy offers hope for improved protection and assistance for
IDPs, but further efforts are needed to ensure that these vulnerable populations receive
the support they need to rebuild their lives.
3.2 International Legal Framework
Nigeria has ratified several international conventions and treaties that govern the rights
and protection of internally displaced persons (IDPs). Two key frameworks include the
Kampala Convention and the UN Guiding Principles on Internal Displacement. These
instruments provide guidelines for protecting IDPs, promoting their rights, and
preventing displacement. Nigeria's commitment to these international legal frameworks
168
Ibid 31-32
underscores its responsibility to align national policies with international standards for
the protection and assistance of displaced persons.
3.2..1 Guiding Principles on Internal Displacement.
The Guiding Principles on Internal Displacement, introduced by the United Nations in
1998, are a set of non-binding guidelines aimed at protecting and assisting internally
displaced persons (IDPs) worldwide. IDPs, unlike refugees, remain within their national
borders but face similar vulnerabilities due to conflict, natural disasters, or development
projects. These principles are pivotal in addressing the legal and humanitarian gaps that
exist for IDPs, emphasizing the responsibilities of states and the rights of displaced
populations.
The principles were formulated by the United Nations to address an urgent need for an
international framework for the protection of IDPs, who were largely overlooked in
existing refugee protections due to their domestic status. Led by Francis Deng, the UN's
first Special Representative on IDPs, the Guiding Principles codify essential rights and
protections for IDPs.169 The framework was largely influenced by human rights law,
humanitarian law, and refugee law, combining elements from each to create a holistic
approach to IDP protection.
The Guiding Principles contain 30 specific principles organized into five sections that
cover various stages of displacement: from protection against displacement to ensuring
assistance during displacement and safeguarding rights in return or resettlement.170 The
169
170
F.M. Deng 1998 Guiding Principles on Internal Displacement , United Nations
UN Guiding Principles on Internal Displacement 1998
principles apply regardless of the reason for displacement, encompassing those
affected by conflict, disasters, and even development projects.
1. Protection from Arbitrary Displacement: These principles underscore that
displacement should be avoided and occur only when absolutely necessary,
such as during armed conflict or large development projects. The principles
strictly oppose forced displacement conducted in a manner that violates human
rights.The Guiding Principles specify that displacement should only occur under
exceptional circumstances and in ways that minimize harm. They emphasize that
forced displacement is only permissible when conducted lawfully and with full
respect for human rights.171Situations that may justify displacement include
armed conflict, disasters, and development projects, provided that all feasible
alternatives are explored and rights are protected.172
2. Protection and Assistance During Displacement: A core aspect of the
principles is ensuring that IDPs’ rights are respected and that they receive
adequate protection and humanitarian assistance. The principles emphasize
security, health, shelter, and access to food and clean water. Principles 10-13 of
the Guiding Principles highlight the rights of IDPs to physical security, dignity,
and access to humanitarian assistance, including adequate shelter, healthcare,
171
172
Ibid principle 5-7
R. Cohen, & F.M. Deng, 1998 Masses in Flight: The Global Crisis of Internal Displacement.
water, and food. They call on states to provide these essentials and ensure that
aid reaches IDPs without discrimination, in accordance with international human
rights standards.173
3. Right to Return or Resettle: IDPs have the right to return to their original homes
voluntarily, safely, and with dignity or to resettle elsewhere if they choose.
Reintegration support is encouraged to help them rebuild their lives
effectively.The principles assert that displaced persons have the right to
voluntarily return to their original places or choose alternative resettlement
locations in conditions of safety and dignity as provided by UN, Guiding
Principles on Internal Displacement, Principles 28-30. This includes reintegration
support to help IDPs rebuild their lives and fully participate in society, highlighting
the importance of state assistance in this phase.
Key Principles and Rights of IDPs
Several principles are of particular importance in understanding the protections offered
to IDPs:
1. Principle of Sovereignty and Responsibility Principle 3: This principle
emphasizes that states have the primary duty and responsibility to protect IDPs
within their borders. It highlights the balance between state sovereignty and the
responsibility to protect vulnerable populations. This is crucial, as IDPs remain
within national borders and thus rely on national, not international, protection.
W. Kälin, 2008. Guiding Principles on Internal Displacement: Annotations. Studies in Transnational
Legal Policy.
173
2. Protection During Displacement Principles 10-12: These principles focus on
ensuring that IDPs' basic human rights are upheld during displacement. This
includes the right to life, freedom from torture, and protection against arbitrary
detention. They also outline the need for adequate living conditions, access to
essential services, and protection from violence.
3. Assistance with Recovery and Reintegration Principles 28-30: The principles
stress that IDPs should be supported in returning to their original homes or
resettling elsewhere, with provisions for economic, social, and psychological
support. Ensuring that displaced persons can rebuild their lives is seen as
integral to their long-term security and dignity.
Legal and Ethical Implications
Although not legally binding, the principles serve as soft law, creating norms and
standards for governments and organizations to follow in protecting IDPs. They have
influenced both regional and national legislation and have been incorporated into
various domestic frameworks. The African Union’s Kampala Convention, for instance, is
a legally binding treaty that draws heavily on these principles.
From an ethical perspective, the Guiding Principles emphasize the international
community's moral responsibility to address the vulnerabilities of IDPs, who often lack
political representation and face threats to their security, health, and economic wellbeing.
The implementation of the Guiding Principles faces several challenges. Some
governments resist their application due to sovereignty concerns, while others lack
resources to fully protect and assist IDPs. Additionally, the non-binding nature of the
principles means that compliance is not enforceable, leading to inconsistent application
globally.174
Despite these challenges, the principles have encouraged greater international
awareness and action around IDPs' rights. Organizations like the UNHCR and ICRC,
along with various NGOs, advocate for adherence to these principles and provide
crucial assistance to IDPs.
The Guiding Principles on Internal Displacement remain a landmark in humanitarian
advocacy for IDPs, providing a framework for protection that many organizations and
governments now use to shape policies and responses. Although not enforceable as
law, the principles have established norms that underscore the importance of human
rights for displaced populations and have laid the groundwork for future legal and
humanitarian developments in IDP protection.
3.3.3 African Union Convention for the Protection and Assistance of
Internally Displaced Persons in Africa, 2009, Kampala Convention.
174
R. Cohen, 2006. Developing an International System for Internally Displaced Persons. International
Studies Perspectives.
The Kampala Convention, formally known as the African Union Convention for
the Protection and Assistance of Internally Displaced Persons in Africa, was
adopted in 2009. It is the first legally binding regional instrument specifically
designed to address the rights and protection of internally displaced persons due
to conflict, natural disasters, and development projects within Africa. It builds
upon the UN Guiding Principles on Internal Displacement but expands upon
them, setting a global precedent by mandating state responsibility in a legally
enforceable framework.175
Nigeria ratified the Kampala Convention in 2012, making it one of the early
adopters of this landmark African Union (AU) treaty, which is the first legally
binding regional instrument specifically focused on IDPs. The Convention
obligates state parties to prevent arbitrary displacement, protect and assist IDPs,
and ensure durable solutions for their resettlement, integration, or return. It also
places an emphasis on holding non-state actors accountable and ensuring that
displacement caused by private actors or conflicts is addressed under state
authority.176
Nigeria’s National Policy on IDPs is largely influenced by the Kampala
Convention, and the country has taken steps to incorporate the Convention’s
provisions into its national legal framework. The policy highlights Nigeria’s
175
E. G. Ferris, 2011. The Kampala Convention: A Historic Step for Africa. Brookings Institution.
E. G. Ferris, 2014. The Kampala Convention: Implementation and Challenges for IDP Protection in
Africa. Brookings Institution.
176
obligations under the Kampala Convention and stresses the need for coordinated
government action at all levels to prevent and manage internal displacement.
The adoption of the Kampala Convention marked a significant step in international
humanitarian law, particularly in Africa, where conflicts, environmental disasters, and
development-induced displacement have led to millions of IDPs. Recognizing the
limitations of non-binding frameworks, the African Union, AU drafted and adopted this
convention in Kampala, Uganda, to provide a cohesive response to internal
displacement. It was developed to align with the continent's specific needs and
experiences, and by 2024, more than 30 countries had ratified it.177
Key Provisions and Principles of the Convention
1. State Responsibility: One of the primary principles of the Kampala Convention
is its emphasis on State responsibility for the protection and assistance of IDPs.
It requires states to prevent displacement when possible, protect IDPs’ rights
during displacement, and facilitate safe return, reintegration, or resettlement.178
This approach aims to hold states accountable in a way that the UN Guiding
Principles could not, given their non-binding nature.
2. Obligation to Address Root Causes: Unlike previous frameworks, the Kampala
Convention mandates that governments address the root causes of
displacement, including conflict resolution, poverty alleviation, and environmental
177
E.G. Ferris, 2019, Protection and Durable Solutions for IDPs in Africa: The Role of the Kampala
Convention. Brookings Institution.
178
Kampala Convention Article 3
protection179 . This holistic approach not only targets the immediate needs of
IDPs but also focuses on preventing future displacement through sustainable
policies.
3. Protection of IDPs’ Rights and Livelihoods: The convention details the rights
of IDPs to adequate living conditions, healthcare, education, and protection from
violence. Additionally, it recognizes the role of host communities and encourages
resource-sharing to reduce local tensions and foster resilience among both IDPs
and host populations.180
4. Role of Non-State Actors and International Support: The Kampala
Convention also addresses the responsibilities of non-state actors such as armed
groups in preventing displacement and respecting IDP rights. Furthermore, it
calls for international cooperation and support from both the African Union and
international humanitarian organizations to assist states with limited resources.181
III. Impact and Challenges of Implementation
Since its adoption, the Kampala Convention has had a substantial influence on IDP
policies across Africa, encouraging states to adopt national legislation aligned with its
principles. Countries like Nigeria and Mali have developed IDP policies based on the
convention, setting a strong regional example for the protection of IDPs.182These
179
Ibid Article 4
Kampala Convention, Article 9-11
181
Ibid Article 6
182
A.Odhiambo, 2015. Implementing the Kampala Convention: A Framework for Addressing Internal
Displacement in Africa. Brookings Institution.
180
national policies reflect a commitment to the convention’s objectives, promoting
comprehensive protections for IDPs and inspiring similar legislative efforts throughout
the continent.
However, implementation challenges persist. Many states struggle with resource
limitations, political instability, and logistical barriers that hinder full compliance.
Furthermore, although the convention is legally binding, enforcement mechanisms are
limited, relying heavily on States willingness to comply.183 Additionally, the presence of
non-state actors in conflict regions complicates the protection of IDPs.
The Kampala Convention represents a groundbreaking approach to addressing internal
displacement on a regional level. By providing a legally binding framework that holds
states accountable, it has set a new standard for IDP protection. While challenges to
implementation remain, its influence on national legislation and its focus on addressing
root causes have positioned it as a model for other regions facing similar displacement
challenges.
The Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR), adopted by the United Nations
General Assembly in 1948, does not directly address internally displaced persons
(IDPs) since it predates the contemporary understanding of internal displacement as a
distinct issue. However, the UDHR's principles provide foundational human rights
standards that apply to IDPs and all individuals, ensuring their entitlement to protections
183
E.G. Ferris, 2019. Protection and Durable Solutions for IDPs in Africa: The Role of the Kampala
Convention. Brookings Institution.
despite their internal status within national borders. Many of the UDHR's articles are
fundamental to IDP rights and have influenced later frameworks that specifically
address internal displacement, such as the UN Guiding Principles on Internal
Displacement and the Kampala Convention.
Key UDHR Articles Relevant to IDPs
1. Right to Security and Freedom from Discrimination as provided by Article
3: IDPs are entitled to personal security and should not face violence or
discrimination due to their displacement status. This foundational right supports
later frameworks that emphasize protection from arbitrary displacement and
discrimination.184
2. Freedom of Movement and Residence as provided in Article 13: Although
the UDHR provides for freedom of movement and the right to choose one’s
residence, IDPs often face restrictions on movement, particularly during conflicts.
This right supports advocacy for safe, voluntary return or resettlement, as
reflected in later documents like the Kampala Convention.185
3. Right to an Adequate Standard of Living as provided in Article 25: The
UDHR asserts that everyone has the right to an adequate standard of living,
including food, clothing, housing, and healthcare, all of which are critical for IDPs.
The need to ensure these rights has become central to internal displacement
184
185
Universal Declaration of Human Rights, Article 3
Ibid, Article 13
protection frameworks, especially regarding humanitarian assistance during
displacement.186
4. Right to Education as provided in Article 26: Many IDPs, especially children,
lose access to education during displacement. The UDHR’s commitment to the
right to education is echoed in IDP protection frameworks, stressing states'
responsibility to maintain access to schooling for displaced populations.
While the UDHR provides broad protections, its lack of binding legal authority and
specificity around internal displacement leaves a gap in enforceable protections for
IDPs. This limitation led to the development of legally binding regional frameworks, such
as the Kampala Convention, to hold states accountable for IDP protection based on
UDHR-inspired principles but adapted for displacement contexts.
ECOWAS Protocols on Human Rights and Protection of Displaced Persons
The Economic Community of West African States (ECOWAS) has developed
several protocols aimed at ensuring the protection of human rights, including the rights
of refugees, asylum seekers, and displaced persons. While ECOWAS has not adopted
a specific protocol exclusively for IDPs, its broader human rights protocols and
frameworks play a significant role in addressing issues related to displacement.187
186
187
Ibid Article 25
O. Agyeman, 2011. Human Rights and Displacement in West Africa: The Role of ECOWAS Protocols.
Key ECOWAS protocols and frameworks relevant to the protection of displaced persons
include:
1. ECOWAS Protocol on Free Movement of Persons, Residence, and
Establishment (1979): This protocol guarantees the right of ECOWAS citizens
to move freely within the region, reside in any member state, and establish
themselves in countries other than their own. While it primarily focuses on
economic migration, it also provides an important legal basis for the protection of
displaced persons who may be forced to cross borders within West Africa. By
ensuring freedom of movement, the protocol indirectly supports individuals
fleeing conflicts, disasters, or other displacement triggers.188
2. ECOWAS Conflict Prevention Framework (2008): This framework aims to
address the root causes of conflict and promote peacebuilding across the region.
It acknowledges that conflict is a major driver of internal displacement and
outlines strategies to prevent violence and protect vulnerable populations,
including displaced persons. The framework emphasizes the role of ECOWAS in
promoting humanitarian assistance and ensuring that states take responsibility
for IDPs during and after conflicts.189
3. ECOWAS Humanitarian Policy (2012): The ECOWAS Humanitarian Policy
provides guidelines for member states to respond to humanitarian crises,
including internal displacement. It calls for improved coordination among
188
Economic Community of West African States (ECOWAS) 1979. Protocol on Free Movement of
Persons, Residence, and Establishment.
189
Economic Community of West African States (ECOWAS) 2008. ECOWAS Conflict Prevention
Framework. ECOWAS Commission.
ECOWAS member states, humanitarian agencies, and international partners to
ensure timely and effective assistance to those displaced by conflict or disaster.
The policy also aligns with the Kampala Convention’s principles on the protection
and assistance of IDPs.190
4. ECOWAS Protocol on Democracy and Good Governance (2001): This
protocol emphasizes the protection of human rights, including the rights of
displaced persons. It mandates ECOWAS member states to uphold democratic
governance, rule of law, and respect for human rights, which are critical to
preventing conflict and displacement. By promoting good governance and human
rights, the protocol seeks to address the root causes of internal displacement in
the region.191
ECOWAS has been active in providing political and technical support to its member
states, including Nigeria, in addressing internal displacement. It works in tandem with
the African Union and other regional bodies to strengthen legal frameworks and improve
the protection of displaced populations. However, like other regions, ECOWAS faces
challenges in ensuring the effective implementation of these protocols, particularly in
conflict-prone areas such as Nigeria’s North-East, where displacement caused by
insurgency and violence remains a pressing concern .
190
Economic Community of West African States (ECOWAS) 2012. ECOWAS Humanitarian Policy.
ECOWAS Commission.
191
Economic Community of West African States (ECOWAS) (2001). Protocol on Democracy and Good
Governance. ECOWAS Commission.
3.2 Institutional Framework for IDPs
Nigeria’s institutional response to internal displacement is multifaceted, involving
federal, state, and local government agencies, as well as community-level institutions.
These institutions are responsible for coordinating disaster management, providing
humanitarian assistance, and ensuring the protection of internally displaced persons.
However, the effectiveness of these institutions is often hampered by challenges such
as insufficient funding, lack of coordination, and limited capacity.
1. Federal Government Institutions
At the federal level, several key institutions play central roles in managing internal
displacement and humanitarian crises. These include the National Emergency
Management Agency (NEMA), State Emergency Management Agencies (SEMAs), the
Ministry of Humanitarian Affairs, Disaster Management, and Social Development and
the National Commission for Refugees, Migrants and Internally Displaced
Persons(NCFRMI).
1.1 National Emergency Management Agency (NEMA)
The National Emergency Management Agency (NEMA) is the federal agency
responsible for coordinating disaster management and humanitarian assistance in
Nigeria. Established by the National Emergency Management Agency Act of 1999,
NEMA has the mandate to formulate policies related to disaster response,
preparedness, and mitigation, and to coordinate the activities of various stakeholders
involved in disaster management. NEMA’s functions encompass emergency response
coordination, disaster preparedness, provision of relief materials, and support for IDP
reintegration. Additionally, NEMA collaborates with international bodies such as the
UNHCR and IOM to ensure that Nigeria’s IDP policies are aligned with global
standards. Despite challenges like funding limitations, logistical barriers, and security
concerns in conflict zones, NEMA remains pivotal in Nigeria’s response to internal
displacement, aiming to uphold the protections outlined by the Guiding Principles and
Kampala Convention.192
Key functions of NEMA include:
● Disaster preparedness and response: NEMA leads federal government efforts
to respond to emergencies, including conflict-induced displacement, natural
disasters, and other humanitarian crises. The agency is responsible for
coordinating relief efforts and providing immediate assistance such as food,
shelter, and medical care to IDPs.193
● Coordination of stakeholders: NEMA works with state and local governments,
international organizations, and civil society to ensure a unified response to
displacement and humanitarian emergencies. The agency also collaborates with
organizations such as the International Organization for Migration (IOM) and the
United Nations High Commissioner for Refugees (UNHCR) to mobilize resources
and provide technical support in displacement contexts.194
192
National Emergency Management Act, 1999
National Emergency Management Agency Act 1999
194
Ibid
193
● Early warning systems: NEMA is tasked with developing early warning systems
to mitigate the impact of disasters and prevent displacement. It monitors potential
disaster risks and disseminates timely information to relevant agencies and the
public.195
While NEMA plays a crucial role in disaster management, it faces significant challenges,
including limited resources, delays in response, and a lack of coordination with state
and local institutions.
1.2 State Emergency Management Agencies (SEMAs)
Each Nigerian state has its own State Emergency Management Agency (SEMA),
which operates in coordination with NEMA to respond to emergencies at the state level.
SEMAs are responsible for implementing disaster management policies within their
respective states, including the management of IDP camps and the distribution of
humanitarian aid.196
Key functions of SEMAs include:
● State-level disaster response: SEMAs are responsible for the day-to-day
management of displacement situations within their states. This includes
establishing and maintaining IDP camps, coordinating with humanitarian
agencies, and ensuring that displaced persons have access to essential services
such as health care, food, and water.197
195
Ibid
E. Oruonye, 2014. The Role of State Emergency Management Agencies in Disaster Management in
Nigeria. Journal of Environmental Management.
197
Ibid
196
● Coordination with local government authorities: SEMAs work closely with
local governments to ensure that displacement issues are addressed in a timely
manner. They also engage with local communities to ensure that humanitarian
assistance reaches affected populations.198
However, SEMAs face challenges similar to NEMA, including inadequate funding, weak
capacity, and poor coordination with federal institutions and humanitarian actors.
1.3 Ministry of Humanitarian Affairs, Disaster Management, and Social
Development
The Ministry of Humanitarian Affairs, Disaster Management, and Social Development
was established in 2019 to provide a more coordinated approach to managing
humanitarian issues, including displacement. The ministry is responsible for overseeing
the activities of NEMA, SEMAs, and other relevant agencies involved in disaster
management and social development.199
Key responsibilities of the ministry include:
● Policy formulation and implementation: The ministry plays a leading role in
formulating national policies related to humanitarian affairs, including the
National Policy on IDPs. It is tasked with ensuring that these policies are
implemented at the federal, state, and local levels .200
198
Ibid
Federal Republic of Nigeria, 2019. Establishment of the Ministry of Humanitarian Affairs, Disaster
Management, and Social Development.
200
Ibid
199
● Coordination of humanitarian efforts: The ministry works to streamline the
efforts of various government agencies, international organizations, and NGOs
involved in humanitarian assistance. By centralizing the coordination of these
efforts, the ministry seeks to improve the delivery of aid and services to IDPs.201
● Social development programs: The ministry is also responsible for
implementing social development programs aimed at addressing the root causes
of displacement, such as poverty, unemployment, and environmental
degradation.202
While the creation of this ministry represents an important step toward improving
Nigeria’s response to displacement, the ministry has faced criticism for bureaucratic
delays and the slow implementation of policies.
The National Commission for Refugees, Migrants and Internally Displaced
Persons,NCFRMI
The NCFRMI, established by Decree 52 of 1989 now Cap. N21, Laws of the Federation
of Nigeria, 2004 is tasked with the protection and assistance of refugees, migrants, and
internally displaced persons in Nigeria. The NCFRMI Act incorporated the 1951 UN
Convention relating to the Status of Refugees, its 1967 Protocol and the 1969
Organisation of African Unity Convention governing specific aspects of Refugees
problems in Africa and they together form a guide to the protection and management of
asylum seekers and refugees in Nigeria.203The Commission's mandate was expanded
201
Ibid
Ibid
203
https:/www.ncfrmi.com, accessed 20 October 2024
202
by the Federal Government to cover issues relating to IDPs and the coordination of
migration and development in 2002 and 2009 respectively. The commission operates
under the Federal Ministry of Humanitarian Affairs, Disaster Management, and Social
Development, focusing on policy development, collaboration with stakeholders, and
advocacy for the rights of vulnerable populations. It works alongside agencies like
NEMA to ensure a comprehensive approach to addressing the needs of displaced
persons in Nigeria.204
1. Mandate: The primary mandate of the NCFRMI is to ensure the protection of the
rights and welfare of refugees, migrants, and IDPs. The commission develops
policies and programs aimed at addressing the needs of these vulnerable
populations, facilitating their integration and resettlement, and ensuring their
access to essential services205.
2. Collaboration and Coordination: NCFRMI works closely with other government
agencies, including NEMA and SEMAs, as well as international organizations
such as the United Nations High Commissioner for Refugees (UNHCR) and
various non-governmental organizations (NGOs). This collaboration is vital for a
coordinated approach to addressing issues of displacement and migration.206
3. Policy Development: The commission is responsible for formulating policies that
align with international standards for the protection of refugees and IDPs. This
204
Ibid
NCFRMI Act 2004
206
Ibid
205
includes implementing strategies for their integration into society and addressing
the root causes of displacement.207
4. Advocacy and Awareness: NCFRMI engages in advocacy efforts to raise
awareness about the rights of refugees and IDPs. This includes public education
campaigns aimed at fostering understanding and support for displaced
populations among the general public.208
5. Research and Data Collection: The commission conducts research and collects
data on refugees, migrants, and IDPs to inform policy decisions and improve the
effectiveness of interventions.209
3.4 Role of International Organizations
International and regional organizations play a crucial role in supporting Nigeria’s efforts
to protect and assist internally displaced persons (IDPs). They complement the activities
of national institutions and often provide technical, financial, and logistical support to
address the complex challenges posed by internal displacement. This section examines
the contributions and limitations of key international organizations, such as the United
Nations High Commissioner for Refugees (UNHCR), the International Organization for
Migration (IOM), the United Nations Office for the Coordination of Humanitarian Affairs
(OCHA).
207
Ibid
Ibid
209
Ibid
208
1. International Organizations
1.1 United Nations High Commissioner for Refugees (UNHCR)
The UNHCR is a leading global agency for the protection of refugees, stateless
persons, and IDPs. In Nigeria, the UNHCR plays a central role in coordinating the
protection of IDPs, especially those affected by the Boko Haram insurgency in the
North-East, farmer herder clashes around the middle belt and States affected by flood.
Key contributions of UNHCR include:
● Protection of displaced persons: UNHCR is primarily responsible for ensuring
the protection of IDPs under international human rights and humanitarian law.
The agency works with the Nigerian government to promote the rights of IDPs,
including their right to security, housing, and access to basic services.210 UNHCR
also helps prevent and respond to gender-based violence, exploitation, and
abuse in IDP camps .
● Registration and data collection: UNHCR supports the Nigerian government in
registering displaced populations and collecting data on their needs. This
information is critical for planning humanitarian interventions and delivering
targeted assistance. The agency also advocates for IDPs’ inclusion in decisionmaking processes related to their protection and assistance.211
● Durable solutions: UNHCR is involved in facilitating durable solutions for IDPs,
including voluntary return, local integration, and resettlement. The agency works
210
211
UNHCR. (2023). Nigeria - UNHCR operational update. Retrieved from UNHCR Nigeria Update.
UNHCR. 2023. Nigeria - UNHCR operational update. Retrieved from UNHCR Nigeria Update.
closely with the Nigerian government to ensure that IDPs can return to their
homes safely and with dignity, or find sustainable solutions in new
communities.212
1.2 International Organization for Migration (IOM)
The International Organization for Migration (IOM) is a key player in managing and
coordinating responses to internal displacement in Nigeria. IOM provides technical
expertise and logistical support to the Nigerian government and other partners213. Key
contributions of IOM include:
● Camp coordination and management: IOM is involved in managing IDP camps
across Nigeria. The agency works with national institutions like NEMA, SEMAs,
NCFRMI and Ministry of Humanitarian Affairs to ensure that camps are properly
equipped, secure, and provide essential services such as food, water, sanitation,
and healthcare. IOM also leads efforts to improve the living conditions in camps
by coordinating the construction of temporary shelters and providing non-food
items to IDPs.214
● Displacement tracking: IOM operates the Displacement Tracking Matrix
(DTM) in Nigeria, which collects and analyzes data on the movement, needs, and
vulnerabilities of displaced populations. This data is shared with humanitarian
212
Ibid
IOM. 2023. IOM Nigeria: Humanitarian Response and Assistance to Displaced Persons. Retrieved
from IOM Nigeria
214
IOM. 2023. IOM Nigeria: Humanitarian Response and Assistance to Displaced Persons. Retrieved
from IOM Nigeria
213
agencies and the government to ensure that assistance is provided where it is
most needed.215
● Psychosocial support and livelihood programs: IOM provides psychosocial
support to IDPs, particularly those affected by trauma and violence. The agency
also implements livelihood programs to help IDPs rebuild their lives by offering
skills training, entrepreneurship programs, and support for agricultural
activities216.
1.3 United Nations Office for the Coordination of Humanitarian Affairs (OCHA)
Key cThe United Nations Office for the Coordination of Humanitarian Affairs (OCHA)
plays a pivotal role in coordinating the international humanitarian response to internal
displacement in Nigeria. OCHA’s mandate is to ensure that humanitarian assistance is
delivered in a timely, effective, and coordinated manner217. Contributions of OCHA
include:
● Coordination of humanitarian actors: OCHA brings together various
humanitarian organizations both international and national present in Nigeria to
ensure that their efforts are coordinated, effective and efficient. This helps avoid
duplication of efforts and ensures that assistance reaches the most vulnerable
populations, particularly in conflict-affected areas like the North-East and middle
belt.218
215
IOM. 2023. Displacement Tracking Matrix (DTM) in Nigeria. Retrieved from IOM Nigeria DTM.
IOM. 2023. IOM Nigeria: Humanitarian Response and Assistance to Displaced Persons. Retrieved
from IOM Nigeria
216
217
218
OCHA. 2023. Nigeria Humanitarian Response Plan. Retrieved from OCHA Nigeria
Ibid
● Humanitarian response plans: OCHA leads the development of Nigeria’s
Humanitarian Response Plans (HRPs) in collaboration with the Nigerian
Government through institutions such as NEMA, SEMA, NCFRMI and the
Ministry for Humanitarian Affairs and international partners. This plan outlines
priorities, strategies, and funding needs for humanitarian operations in the
country to address the immediate and long-term needs of IDPs.219
● Advocacy and resource mobilization: OCHA advocates for increased funding
and resources from the international organizations and community to support
humanitarian efforts in Nigeria. The agency also raises awareness of the
challenges facing displaced populations and promotes the protection of civilians
in conflict zones.220
3.5 Role of NGOs and Civil Society
Non-Governmental Organizations (NGOs) and civil society play a vital role in providing
services to internally displaced persons (IDPs) in Nigeria. These organizations, both
local and international, often serve as the primary actors in delivering humanitarian
assistance, such as education, healthcare, shelter, and protection services. In many
cases, NGOs are more agile and can reach vulnerable populations faster than
government institutions, particularly in conflict-affected areas. However, despite their
contributions, NGOs and civil society actors face challenges, including gaps in
219
220
Ibid
Ibid
coordination, funding, and alignment with national policies221. These NGOs and civil
society actors provide assistance in the following areas;
1.1 Education
Education is a critical service that NGOs provide to IDPs in Nigeria, particularly in
conflict zones such as the North-East, where Boko Haram insurgency has severely
disrupted formal education systems. Both local and international NGOs play key roles in
restoring access to education for displaced children and youth.
Many local NGOs focus on creating informal learning centers for IDP children who are
unable to attend regular schools due to displacement. These NGOs provide basic
education, life skills training, and psychosocial support, helping displaced children
continue their education while they await reintegration into the formal school system. 222
International organizations such as Save the Children, UNICEF, and Plan International
are involved in building temporary learning spaces, distributing educational materials,
and training teachers in conflict-sensitive education. These organizations also advocate
for the inclusion of IDPs in government education policies and funding structures.
1.2 Healthcare
The healthcare needs of IDPs are often acute, particularly in overcrowded IDP camps
where outbreaks of diseases such as cholera, malaria, and COVID-19 have been
reported. NGOs play a critical role in providing essential healthcare services to IDPs.
221
International Federation of Red Cross and Red Crescent Societies (IFRC). 2023. Nigeria: Role of
NGOs in Humanitarian Assistance. Retrieved from IFRC Nigeria Update.
222
Norwegian Refugee Council (NRC). 2023. Education in Emergencies: Supporting Displaced Children
in Nigeria. Retrieved from NRC Nigeria Education Report.
Local healthcare NGOs work to ensure that IDPs receive basic medical care, maternal
health services, vaccinations, and health education. These organizations often operate
mobile clinics that provide care in hard-to-reach areas. Local NGOs also collaborate
with traditional leaders and community health workers to raise awareness about disease
prevention223.
International health-focused organizations, such as Médecins Sans Frontières (MSF),
International Rescue Committee (IRC), and Red Cross, provide critical emergency
medical services, including treatment for malnutrition, mental health services, and
trauma care224. These NGOs are often the first responders in crises, offering both shortterm emergency care and long-term healthcare interventions.
1.3 Shelter
Providing adequate shelter is another priority for NGOs working with IDPs, particularly
in regions where displacement is caused by natural disasters or armed conflict.
Local civil society organizations often focus on constructing temporary shelters for IDPs
in camps or supporting host communities in providing shelter to displaced persons.
These organizations work closely with community leaders to identify the most
vulnerable groups and ensure that women, children, and elderly people receive
adequate shelter support.
Médecins Sans Frontières (MSF). 2023. Healthcare Services for IDPs in Nigeria. Retrieved from MSF
Nigeria Report.
224
Ibid
223
International organizations like Norwegian Refugee Council (NRC) and ShelterBox
provide expertise and materials to build temporary housing for IDPs. They often
collaborate with local partners to improve camp infrastructure and ensure that IDPs
have access to secure and dignified living conditions.225
1.4 Psychosocial Support and Protection
NGOs are also deeply involved in providing psychosocial support and protection
services to IDPs, especially those who have experienced violence, trauma, or human
rights abuses.
Local civil society organizations play a key role in providing counseling services,
community-based psychosocial support, and workshops on mental health awareness.
These organizations help to bridge the cultural and social gaps that international
organizations may face, offering services that are more attuned to local customs and
norms.226
International organizations such as Action Against Hunger, Danish Refugee Council
(DRC), and CARE International provide targeted psychosocial programs to help IDPs
recover from trauma, especially survivors of gender-based violence. They also engage
in capacity-building efforts for local service providers and advocate for stronger
protection measures for vulnerable populations.227
225
Norwegian Refugee Council (NRC). 2023. Shelter Support for Displaced Populations in Nigeria.
Retrieved from NRC Shelter Programs.
226
International Federation of Red Cross and Red Crescent Societies (IFRC). (2023). Community-Based
Mental Health and Psychosocial Support in Nigeria. Retrieved from IFRC Nigeria Psychosocial Support.
227
Action Against Hunger. 2023. Psychosocial Support for IDPs in Nigeria. Retrieved from Action Against
Hunger Nigeria.
Despite the essential services provided by NGOs and civil society, several gaps and
challenges remain, particularly in terms of coordination and the effectiveness of their
interventions such as fragmentation and lack of coordination, inconsistent data sharing,
limited funding and sustainability,limited Civil Society participation in policy formulation,
NGOs and civil society are indispensable actors in Nigeria’s response to internal
displacement, providing essential services such as education, healthcare, shelter, and
psychosocial support. Both local and international NGOs complement government
efforts and fill critical gaps in service delivery. However, challenges such as
fragmentation, limited coordination, funding constraints, and inadequate participation in
policymaking continue to hinder the overall effectiveness of civil society’s role.
Addressing these gaps through stronger coordination mechanisms, sustainable funding,
and enhanced government-civil society collaboration could significantly improve the
humanitarian response for Nigeria’s IDPs.
Chapter 4
Challenges and prospects of Internally Displaced Persons in Nigeria.
4.1 Challenges
Internally displaced persons (IDPs) in Nigeria represent one of the most vulnerable
populations affected by ongoing conflicts, environmental disasters, and socio-economic
challenges. As of 2023, Nigeria has the highest number of IDPs in Africa, with over 3
million individuals displaced primarily due to the Boko Haram insurgency in the NorthEast, conflicts between farmers and herders in the Middle Belt, flood and widespread
communal violence across the country228. The dire situation of IDPs in Nigeria is
characterized by a myriad of challenges that severely affect their daily lives and overall
well-being.
Internally displaced persons (IDPs) in Nigeria face a myriad of challenges these
challenges are multifaceted, encompassing legal and institutional barriers, economic
and social obstacles, and psychological trauma resulting from their experiences of
displacement.
The institutional framework for responding to the needs of internally displaced persons
(IDPs) in Nigeria faces several significant challenges. These obstacles hinder effective
service delivery, coordination among agencies, and the overall efficacy of humanitarian
efforts.
1.1 Inadequate Legal Framework
The existing legal framework in Nigeria for protecting the rights of IDPs is often
inadequate and poorly implemented. While various laws and policies exist, they are
frequently not enforced, leaving IDPs vulnerable.
There is a lack of comprehensive legal provisions specifically addressing the rights and
needs of IDPs. Although Nigeria has ratified international conventions, such as the
Kampala Convention, the implementation of these frameworks at the national level
228
OCHA. 2023. Nigeria Humanitarian Response Plan. Retrieved from OCHA Nigeria.
remains inconsistent and ineffective. Many IDPs find it difficult to navigate the legal
system to assert their rights, particularly regarding property claims and access to
services .
On the other hand Government institutions tasked with responding to the needs of
IDPs, such as the NEMA, SEMA, NCFRMI and Ministry of Humanitarian Affairs often
face capacity constraints, including inadequate staffing and resources. This limits their
ability to implement effective policies and provide necessary support to displaced
populations.
1. Bureaucratic Challenges and Corruption
1.1 Bureaucratic Red Tape
Bureaucratic inefficiencies significantly impede the timely and effective response to the
needs of IDPs in Nigeria. Various layers of administrative processes can delay the
provision of essential services and humanitarian assistance.
● Cumbersome processes: The complex bureaucratic processes within
government agencies often lead to delays in decision-making and
implementation of programs designed for IDPs. This can result in missed
opportunities for timely interventions, especially during crises that require swift
action, such as natural disasters or sudden outbreaks of violence .
● Inefficiencies in resource allocation: Bureaucratic challenges often manifest in
inefficient resource allocation, with funds and materials not reaching those in
need promptly. This misallocation exacerbates the vulnerabilities of IDPs, leaving
them without access to critical support.
1.2 Corruption
Corruption within government institutions further complicates the response to IDP
needs, undermining trust in public systems and diverting resources away from the most
vulnerable populations.
● Embezzlement and misappropriation: Reports of embezzlement and
misappropriation of funds intended for humanitarian assistance and disaster
management are not uncommon. Such practices diminish the resources
available for IDP support and can lead to inadequate provision of services, such
as shelter, healthcare, and education .
● Lack of accountability: The absence of robust accountability mechanisms
allows corrupt practices to persist. When officials are not held accountable for
mismanaging resources, it creates a cycle of impunity that further erodes public
trust and hampers effective governance.
2. Coordination Issues Among Various Agencies
Coordination among various governmental and non-governmental agencies is crucial
for an effective response to the needs of IDPs. However, significant coordination
challenges exist, which can hinder the overall effectiveness of interventions.
2.1 Fragmentation of Efforts
The humanitarian response in Nigeria involves multiple actors, including federal and
state government agencies, international organizations, NGOs, and local civil society
groups. This multiplicity of actors can lead to fragmented efforts that fail to address the
comprehensive needs of IDPs.
● Overlapping mandates: Different agencies often have overlapping mandates,
which can create confusion and inefficiencies. For instance, the roles of the
National Emergency Management Agency (NEMA), State Emergency
Management Agencies (SEMAs), and various NGOs may not be clearly
defined, leading to duplication of efforts and a lack of cohesive strategies .
● Lack of centralized data: The absence of a centralized data-sharing platform
complicates coordination efforts. Agencies may not have access to accurate and
up-to-date information on the status and needs of IDPs, which can lead to poorly
targeted interventions.
2.2 Insufficient Collaboration
Effective collaboration between governmental and non-governmental actors is essential
for a comprehensive humanitarian response. However, insufficient collaboration often
limits the effectiveness of interventions.
● Limited engagement of local actors: Local NGOs and community-based
organizations, which have valuable insights and connections within affected
communities, are sometimes overlooked in planning and coordination processes.
This lack of engagement can result in programs that are not adequately tailored
to the specific needs of IDPs .
● Poor communication: Communication gaps among various agencies can lead
to misunderstandings and missed opportunities for collaboration. For example, if
agencies do not regularly share information about ongoing projects or
challenges, it can hinder collective problem-solving and resource sharing.
3. Funding Limitations and Dependence on International Aid
Funding limitations present a significant barrier to effective IDP assistance in Nigeria.
Many governmental agencies and NGOs struggle to secure sufficient resources to
implement their programs, leading to a heavy reliance on international aid.
3.1 Insufficient Domestic Funding
The Nigerian government has made some efforts to allocate funds for IDP support;
however, these allocations are often insufficient to meet the growing needs of displaced
populations.
● Budget constraints: Competing national priorities and budgetary constraints
can limit the funds allocated for humanitarian assistance and disaster
management. As a result, agencies may be unable to implement essential
programs or expand existing services to accommodate increasing IDP
populations .
● Lack of commitment: The lack of consistent political will to prioritize IDP issues
in national budgets further exacerbates the funding challenges. Without strong
commitment from leadership, it is difficult to mobilize resources effectively for the
needs of IDPs.
3.2 Dependence on International Aid
While international aid plays a crucial role in supporting humanitarian efforts in Nigeria,
an overreliance on external funding can create vulnerabilities in the long-term
sustainability of programs.
● Volatility of international funding: International funding can be unpredictable
and subject to changes in donor priorities or geopolitical considerations. This
volatility can lead to gaps in service provision when funding decreases or is
redirected elsewhere .
● Short-term solutions: Many international aid programs focus on immediate
needs, often providing short-term relief rather than addressing the root causes of
displacement or implementing long-term solutions. This approach can hinder the
development of sustainable frameworks for IDP assistance and protection.
Conclusion
The institutional framework for addressing the needs of internally displaced persons in
Nigeria is marked by several significant challenges, including bureaucratic inefficiencies,
corruption, coordination issues, and funding limitations. To enhance the effectiveness of
humanitarian responses, it is crucial to address these challenges by improving
accountability, fostering better coordination among agencies, and developing
sustainable funding mechanisms that reduce dependence on international aid.
Strengthening the institutional framework will ultimately lead to more effective protection
and assistance for Nigeria's IDPs, ensuring their rights and needs are prioritized in
national policies.
Footnotes:
1. United Nations OCHA, "Nigeria Humanitarian Response Overview," 2023.
2. Nigerian National Emergency Management Agency (NEMA), "Annual Report on
Disaster Management," 2022.
3. Global Humanitarian Assistance Report, "Funding Trends in Humanitarian
Response," 2023.
4. Action Against Hunger, "Corruption and Accountability in Humanitarian Aid,"
2023.
5. International Organization for Migration (IOM), "Nigeria Displacement Situation
Report," 2023.
4.5 Successes and Best Practices
In the face of significant challenges, there have been notable successes and best
practices in the management and resettlement of internally displaced persons (IDPs) in
Nigeria. These case studies highlight effective interventions and collaborative efforts
that have made a meaningful impact on the lives of displaced populations. This section
outlines successful case studies in IDP management and resettlement and showcases
collaborations and partnerships that have proven effective.
1. Successful Case Studies in IDP Management and Resettlement
1.1 The Borno State Government’s Resettlement Initiative
One of the most notable success stories in Nigeria regarding IDP resettlement is the
Borno State government's initiative to return and resettle displaced persons affected by
the Boko Haram insurgency.
● Community-based resettlement: The Borno State government, in collaboration
with humanitarian organizations, has implemented a community-based approach
to resettlement. This approach involves engaging IDPs in the planning and
execution of their return to ensure that their needs and preferences are
prioritized. IDPs are actively involved in rebuilding their communities, which
fosters ownership and enhances the success of resettlement efforts .
● Provision of essential services: The government and partner organizations
have focused on providing essential services such as healthcare, education, and
livelihood support in resettlement areas. For example, initiatives like the
establishment of temporary learning spaces and healthcare clinics have
facilitated the reintegration of IDPs into their communities, promoting social
cohesion and stability.
1.2 The Nigerian Red Cross Society’s Emergency Response
The Nigerian Red Cross Society has demonstrated effective emergency response
strategies in addressing the needs of IDPs, particularly during sudden displacements
caused by conflict and natural disasters.
● Rapid response teams: The organization has established rapid response teams
that can be deployed quickly to areas experiencing sudden influxes of IDPs.
These teams provide immediate assistance, including food, shelter, and medical
care, helping to mitigate the impact of displacement on affected communities .
● Community engagement and training: The Red Cross engages local
volunteers and community members in its operations, providing training on first
aid, disaster preparedness, and community health. This community engagement
enhances the resilience of local populations and empowers them to respond
effectively to future crises.
2. Collaboration and Partnerships That Have Worked Well
Collaborative efforts among various stakeholders have proven essential in addressing
the complex needs of IDPs in Nigeria. Successful partnerships highlight the
effectiveness of coordinated approaches in improving service delivery and enhancing
the overall response to internal displacement.
2.1 Multi-Agency Coordination Platforms
The establishment of multi-agency coordination platforms, such as the Humanitarian
Coordination Forum, has facilitated effective collaboration among government
agencies, international organizations, and local NGOs.
● Information sharing: These platforms enable stakeholders to share information
about ongoing projects, identify gaps in service delivery, and coordinate
responses to the needs of IDPs. Improved communication among partners has
led to more efficient use of resources and a more comprehensive approach to
addressing the needs of displaced populations .
● Joint assessments and planning: Multi-agency coordination allows for joint
assessments of IDP needs and collective planning of humanitarian responses.
This collaborative approach ensures that interventions are well-targeted and
tailored to the specific circumstances of IDPs.
2.2 Public-Private Partnerships
Public-private partnerships (PPPs) have also emerged as a successful model for
enhancing IDP support in Nigeria.
● Collaboration with the private sector: Various companies and private sector
actors have partnered with humanitarian organizations to provide resources and
expertise in areas such as logistics, technology, and funding. For instance,
partnerships with telecommunications companies have facilitated communication
and information dissemination among IDPs, improving their access to critical
services .
● Corporate social responsibility (CSR): Many businesses in Nigeria have
incorporated support for IDPs into their CSR initiatives. These efforts often
involve donations of food, clothing, and financial support for education and
healthcare services, helping to alleviate the challenges faced by displaced
populations.
2.3 Advocacy and Awareness Campaigns
Collaborative advocacy efforts among civil society organizations, NGOs, and
international agencies have raised awareness of the plight of IDPs and mobilized
support for their needs.
● Campaigns for policy change: Advocacy campaigns have successfully
influenced government policies regarding IDP rights and protections. By
highlighting the challenges faced by IDPs and advocating for their inclusion in
national policies, these campaigns have helped to elevate the visibility of IDP
issues and promote positive changes in legislation and funding allocations .
● Community awareness: Collaborative efforts have also focused on raising
awareness within communities about the rights and needs of IDPs. This has
fostered greater empathy and support for displaced individuals, facilitating their
reintegration and promoting social cohesion.
Conclusion
Despite the numerous challenges faced in addressing the needs of internally displaced
persons in Nigeria, several successful case studies and effective partnerships exemplify
best practices in IDP management and resettlement. Initiatives like the Borno State
government's resettlement program and the Nigerian Red Cross Society's emergency
response demonstrate the potential for positive outcomes when communities,
government agencies, and humanitarian organizations work together. By fostering
collaboration, enhancing coordination, and sharing resources, stakeholders can
continue to improve the lives of IDPs and contribute to more sustainable and effective
solutions to internal displacement in Nigeria.
Footnotes:
1. Borno State Government, "Borno State Resettlement Initiative: Annual Report,"
2023.
2. Nigerian Red Cross Society, "Emergency Response Operations: IDP
Assistance," 2022.
3. United Nations OCHA, "Coordination and Response to Internal Displacement in
Nigeria," 2023.
4. Nigerian Communications Commission, "Public-Private Partnerships in
Humanitarian Response," 2023.
5. Human Rights Watch, "Advocacy for IDP Rights in Nigeria: A Report," 2023.
Chapter 5
5.1 Challenges Facing Internally Displaced Persons in Nigeria
Internally displaced persons (IDPs) in Nigeria face a myriad of challenges that impede
their ability to reintegrate into society and rebuild their lives. These challenges are
multifaceted, encompassing legal and institutional barriers, economic and social
obstacles, and psychological trauma resulting from their experiences of displacement.
This section discusses these key challenges in detail.
1. Legal and Institutional Challenges
1.1 Inadequate Legal Framework
The existing legal framework in Nigeria for protecting the rights of IDPs is often
inadequate and poorly implemented. While various laws and policies exist, they are
frequently not enforced, leaving IDPs vulnerable.
● Fragmented legal protections: There is a lack of comprehensive legal
provisions specifically addressing the rights and needs of IDPs. Although Nigeria
has ratified international conventions, such as the Kampala Convention, the
implementation of these frameworks at the national level remains inconsistent
and ineffective. Many IDPs find it difficult to navigate the legal system to assert
their rights, particularly regarding property claims and access to services .
● Limited institutional capacity: Government institutions tasked with responding
to the needs of IDPs, such as the National Emergency Management Agency
(NEMA), often face capacity constraints, including inadequate staffing and
resources. This limits their ability to implement effective policies and provide
necessary support to displaced populations.
1.2 Bureaucratic Hurdles
The bureaucratic processes involved in accessing assistance and services can be
daunting for IDPs.
● Complicated registration processes: Many IDPs face challenges in registering
for assistance due to complicated and lengthy bureaucratic procedures. This can
result in delays in receiving aid and make it difficult for them to access critical
services such as healthcare, education, and livelihood support .
● Discrimination and stigma: IDPs may also encounter discrimination and stigma
from local communities or authorities, making it harder for them to integrate and
access services. Negative perceptions about IDPs can lead to exclusion from
social programs and support systems.
2. Economic, Social, and Political Barriers to Reintegration
2.1 Economic Barriers
IDPs often face significant economic challenges that hinder their ability to reintegrate
into society.
● Loss of livelihoods: Many IDPs have lost their homes, land, and sources of
income due to conflict or disasters, making it difficult for them to regain economic
stability. The lack of financial resources, coupled with limited access to job
opportunities, exacerbates their vulnerability .
● Dependence on aid: Prolonged displacement often leads to a reliance on
humanitarian aid, which may not provide a sustainable solution for long-term
economic empowerment. While aid is critical in emergencies, it can create a
dependency that undermines the motivation to seek alternative livelihood
options.
2.2 Social Barriers
Social integration is crucial for the successful reintegration of IDPs into host
communities. However, several social challenges impede this process.
● Community tensions: Displacement can lead to tensions between IDPs and
host communities, particularly in areas where resources are scarce. This can
result in conflicts over access to land, jobs, and public services, making it difficult
for IDPs to establish a sense of belonging and community support .
● Limited social networks: Many IDPs have been uprooted from their families
and communities, leading to a breakdown in social networks that are essential for
support and resilience. The absence of these networks can hinder access to
opportunities and create feelings of isolation.
2.3 Political Barriers
Political instability and insecurity significantly impact the lives of IDPs in Nigeria.
● Insecurity and violence: Ongoing conflicts, particularly in the North-East due to
Boko Haram and intercommunal violence, continue to threaten the safety and
stability of IDPs. Fear of further violence may prevent IDPs from returning to their
original communities or accessing available resources .
● Lack of political will: There is often insufficient political will to prioritize IDP
issues at national and local levels. This lack of commitment can result in
inadequate funding, ineffective policies, and a failure to address the root causes
of displacement.
3. Psychological Trauma and Lack of Mental Health Services
The psychological impact of displacement is profound and often overlooked in
humanitarian responses.
3.1 Psychological Trauma
Many IDPs experience severe psychological trauma due to the violence, loss, and
upheaval associated with displacement.
● Mental health issues: Common mental health challenges among IDPs include
depression, anxiety, and post-traumatic stress disorder (PTSD). The trauma of
losing loved ones, homes, and livelihoods can lead to long-lasting psychological
effects that hinder their ability to reintegrate and thrive .
● Stigmatization of mental health: In many Nigerian communities, mental health
issues are often stigmatized, preventing IDPs from seeking help. Cultural beliefs
may lead to a lack of understanding about mental health, further exacerbating the
problem.
3.2 Lack of Mental Health Services
Access to mental health services is severely limited for many IDPs in Nigeria.
● Insufficient resources: There is a critical shortage of mental health
professionals and services in Nigeria, particularly in rural areas and conflictaffected regions. Many IDPs lack access to counseling and support services that
could help them cope with their experiences .
● Neglect in humanitarian responses: Mental health and psychosocial support
services are often sidelined in humanitarian responses, focusing more on
immediate physical needs such as food, shelter, and healthcare. This neglect
can lead to unaddressed psychological issues that hinder overall recovery and
reintegration.
Conclusion
Internally displaced persons in Nigeria face numerous challenges that hinder their ability
to reintegrate into society and rebuild their lives. Legal and institutional challenges,
coupled with economic, social, and political barriers, create an environment of
vulnerability and insecurity. Additionally, psychological trauma and a lack of mental
health services exacerbate the difficulties faced by IDPs. Addressing these challenges
requires a comprehensive approach that prioritizes the rights and needs of IDPs,
enhances support services, and fosters social cohesion and resilience within affected
communities.
Footnotes:
1. United Nations High Commissioner for Refugees (UNHCR), "Nigeria: The
Protection Needs of IDPs," 2023.
2. Human Rights Watch, "The Plight of Internally Displaced Persons in Nigeria,"
2023.
3. Nigerian National Emergency Management Agency (NEMA), "Annual Report on
IDP Challenges," 2022.
4. Mental Health Foundation, "Mental Health and IDPs in Nigeria: A Report," 2023.
5. International Organization for Migration (IOM), "Displacement Tracking Matrix:
Nigeria," 2023.
5.2 Recommendations for Legal Reforms
To address the challenges faced by internally displaced persons (IDPs) in Nigeria,
comprehensive legal reforms are essential. These reforms should focus on
strengthening national laws, enhancing the enforcement of international and regional
legal frameworks, and advocating for IDP rights within the Nigerian judicial system. This
section outlines specific recommendations to improve the legal landscape for IDPs in
Nigeria.
1. Strengthening National Laws to Protect IDPs
1.1 Develop Comprehensive IDP Legislation
The Nigerian government should develop comprehensive national legislation specifically
addressing the rights and needs of IDPs. This legislation should align with international
standards, such as the Kampala Convention, and provide clear definitions,
protections, and entitlements for IDPs.
● Clear definitions and rights: The law should clearly define the status of IDPs
and outline their rights regarding shelter, healthcare, education, and livelihood
support. This clarity will empower IDPs to advocate for their rights and seek legal
recourse when needed.
● Framework for assistance: A robust legal framework should also establish a
clear mechanism for the delivery of assistance and services to IDPs, including
provisions for coordination among government agencies, NGOs, and other
stakeholders.
1.2 Enhance Land and Property Rights
Addressing issues related to land and property rights is crucial for the successful
reintegration of IDPs.
● Legal protections for property claims: Legislation should include specific
provisions to protect the property rights of IDPs, ensuring they can reclaim their
land and property upon return or resettlement. This includes establishing legal
mechanisms for property restitution and compensation in cases where property
has been lost or destroyed .
● Land tenure security: The government should also work to secure land tenure
for IDPs who may settle in new areas. This could involve allocating land for
housing and livelihood activities, coupled with legal protections against forced
evictions and discrimination.
2. Improved Enforcement of International and Regional Legal Frameworks
2.1 Strengthen Institutional Capacity for Implementation
To ensure that international and regional legal frameworks are effectively enforced, the
Nigerian government must strengthen the capacity of relevant institutions.
● Training and resources: Government agencies, particularly those involved in
disaster management and humanitarian assistance, should receive training and
resources to better understand and implement international standards. This
includes familiarizing staff with the UN Guiding Principles on Internal
Displacement and other relevant treaties .
● Accountability mechanisms: Establishing clear accountability mechanisms for
the enforcement of legal protections for IDPs is essential. This could involve
creating independent oversight bodies to monitor compliance with national and
international obligations.
2.2 Foster Collaboration with International Organizations
The Nigerian government should enhance its collaboration with international
organizations to ensure effective implementation of legal frameworks.
● Partnerships with UN agencies: Collaborating with agencies like the United
Nations High Commissioner for Refugees (UNHCR) and the International
Organization for Migration (IOM) can provide technical support and resources
for implementing IDP protection laws and policies.
● Engaging in regular reviews: Nigeria should participate in regional and
international reviews of its compliance with legal obligations concerning IDPs,
utilizing feedback to improve its legal and institutional responses.
3. Advocating for IDP Rights in Nigerian Courts
3.1 Strengthen Legal Aid and Support Services
Access to justice is critical for IDPs to assert their rights. Legal aid services should be
strengthened to assist IDPs in navigating the legal system.
● Establish legal aid clinics: The government and civil society organizations
should establish legal aid clinics specifically targeting IDPs, providing them with
free legal representation and advice regarding their rights and entitlements.
● Training legal professionals: Legal professionals, including lawyers and
paralegals, should receive training on IDP rights and relevant legal frameworks.
This will enhance their ability to represent IDPs effectively in legal proceedings.
3.2 Promote Strategic Litigation
Strategic litigation can be an effective tool for advancing the rights of IDPs and holding
authorities accountable.
● Identify landmark cases: Civil society organizations should work to identify and
support landmark cases that can set precedents for IDP rights in Nigerian courts.
Successful litigation can contribute to greater awareness and recognition of IDP
rights at both national and international levels .
● Engage in public interest litigation: Public interest litigation can be pursued to
challenge laws, policies, or practices that violate the rights of IDPs. This
approach can help create legal precedents and raise public awareness about the
challenges faced by displaced populations.
Conclusion
Addressing the legal challenges faced by internally displaced persons in Nigeria
requires comprehensive reforms that strengthen national laws, enhance enforcement of
international frameworks, and advocate for IDP rights in courts. By developing specific
legislation, improving institutional capacities, and promoting access to justice, Nigeria
can create a more supportive legal environment for IDPs. These efforts are crucial to
ensuring that the rights and needs of displaced individuals are recognized, protected,
and fulfilled, ultimately contributing to their successful reintegration and rebuilding of
their lives.
Footnotes:
1. Kampala Convention, "African Union Convention for the Protection and
Assistance of Internally Displaced Persons in Africa," 2009.
2. United Nations High Commissioner for Refugees (UNHCR), "Guiding Principles
on Internal Displacement," 1998.
3. International Organization for Migration (IOM), "Strengthening Legal Frameworks
for IDPs in Nigeria," 2023.
4. Human Rights Watch, "Legal Aid for IDPs: Recommendations for Nigeria," 2023.
5. Nigerian Bar Association, "Advocacy for IDP Rights: A Legal Perspective," 2022.
5.3 Institutional Recommendations
To effectively address the challenges faced by internally displaced persons (IDPs) in
Nigeria, it is essential to implement institutional reforms that enhance the capacity and
coordination of governmental agencies, improve data collection and needs assessment,
and strengthen partnerships among government bodies, non-governmental
organizations (NGOs), and international organizations. This section outlines key
recommendations for institutional improvements to better support IDPs.
1. Enhancing the Capacity and Coordination of Governmental Agencies
1.1 Strengthen Institutional Frameworks
Government agencies responsible for managing IDP issues, such as the National
Emergency Management Agency (NEMA) and State Emergency Management
Agencies (SEMAs), should be strengthened to enhance their effectiveness.
● Increased staffing and training: These agencies should increase staffing levels
and provide specialized training for personnel on IDP rights, humanitarian
response, and effective management of displacement crises. Training programs
should include modules on international human rights standards and best
practices in disaster management .
● Resource allocation: Adequate funding should be allocated to these agencies
to ensure they have the resources needed to carry out their mandates effectively.
This includes funding for emergency response, infrastructure development, and
community engagement initiatives.
1.2 Improve Inter-Agency Coordination
Improved coordination among governmental agencies at federal, state, and local levels
is critical to ensure a coherent response to IDP needs.
● Establish a coordination mechanism: The government should establish a
formal coordination mechanism that brings together relevant ministries, agencies,
and local authorities involved in IDP management. This mechanism should
facilitate regular meetings, information sharing, and collaborative planning of
humanitarian responses.
● Create an IDP task force: An inter-agency task force specifically focused on IDP
issues could enhance coordination and accountability. This task force should be
responsible for monitoring the situation of IDPs, assessing needs, and ensuring
the implementation of policies and programs.
2. Improved Data Collection and Needs Assessment for IDPs
2.1 Develop a Comprehensive Data Management System
Accurate data on IDPs is crucial for effective planning and response. The government
should develop a comprehensive data management system to collect, analyze, and
disseminate information about IDPs.
● Standardized data collection methods: Establish standardized methods for
collecting demographic and socio-economic data on IDPs, including their needs,
vulnerabilities, and preferences. This data should be disaggregated by gender,
age, and disability status to inform targeted interventions .
● Utilize technology: The use of technology, such as mobile applications and
geographic information systems (GIS), can enhance data collection and mapping
efforts. These tools can facilitate real-time monitoring of IDP movements and
needs, enabling timely responses from humanitarian actors.
2.2 Conduct Regular Needs Assessments
Regular needs assessments should be conducted to identify the evolving needs of IDPs
and ensure that responses are evidence-based.
● Participatory assessments: Involve IDPs in the needs assessment process to
ensure that their voices are heard, and their specific needs are prioritized.
Participatory approaches can help build trust and encourage IDPs to engage in
the planning and implementation of interventions.
● Multi-sectoral assessments: Conduct multi-sectoral assessments that consider
the diverse needs of IDPs, including health, education, shelter, and livelihood
support. These assessments should inform the design of comprehensive and
integrated response strategies.
3. Strengthening Partnerships Between Government, NGOs, and International
Organizations
3.1 Foster Collaborative Relationships
Strengthening partnerships among government entities, NGOs, and international
organizations is vital for enhancing the effectiveness of IDP responses.
● Regular stakeholder meetings: Establish regular meetings among stakeholders
to share information, discuss challenges, and coordinate efforts. These meetings
should include representatives from government agencies, NGOs, communitybased organizations, and international partners.
● Joint programming and resource sharing: Encourage joint programming
initiatives that leverage the strengths of different partners. This includes sharing
resources, expertise, and funding to maximize the impact of interventions and
ensure a more comprehensive response to IDP needs.
3.2 Capacity Building for NGOs
Investing in the capacity of NGOs that work with IDPs is essential to enhance their
effectiveness and sustainability.
● Training and support: Provide training and support for local NGOs in areas
such as project management, monitoring and evaluation, and advocacy for IDP
rights. This will enhance their ability to implement programs and advocate for
policies that support IDPs.
● Funding opportunities: Create funding opportunities for NGOs working with
IDPs, including grants and partnerships with international organizations. Ensuring
stable funding will enable NGOs to sustain their efforts and respond effectively to
the needs of displaced populations.
3.3 Encourage Community Participation
Community involvement is critical for the success of IDP programs and initiatives.
● Empower local communities: Engage local communities, including IDPs, in
decision-making processes related to their support and assistance. Empowering
communities to take an active role in planning and implementing interventions
fosters ownership and improves the sustainability of efforts.
● Community-based monitoring: Establish community-based monitoring
mechanisms to track the effectiveness of interventions and gather feedback from
IDPs. This can help identify gaps in services and inform necessary adjustments
to programs.
Conclusion
Implementing these institutional recommendations is crucial for improving the response
to the needs of internally displaced persons in Nigeria. By enhancing the capacity and
coordination of governmental agencies, improving data collection and needs
assessment processes, and strengthening partnerships among various stakeholders,
Nigeria can create a more effective and supportive environment for IDPs. These efforts
will contribute to the protection of IDP rights, facilitate their reintegration, and ultimately
enhance their resilience and well-being.
Footnotes:
1. National Emergency Management Agency (NEMA), "Strengthening Capacity for
IDP Management," 2023.
2. International Organization for Migration (IOM), "Data Collection and Needs
Assessment for IDPs," 2023.
3. United Nations Office for the Coordination of Humanitarian Affairs (OCHA),
"Coordination Mechanisms for IDP Responses," 2023.
4. Humanitarian Accountability Partnership, "Participatory Approaches in Needs
Assessment," 2022.
5. Nigerian Red Cross Society, "Partnerships for Effective Humanitarian
Response," 2023.
5.4 Policy Recommendations
To effectively support internally displaced persons (IDPs) in Nigeria, it is vital to
implement comprehensive policies that focus on durable solutions, secure funding
mechanisms, and actively engage IDPs in decision-making processes. This section
outlines key policy recommendations to enhance the protection and assistance provided
to IDPs.
1. Comprehensive and Sustainable Policy for Durable Solutions
1.1 Develop a National Framework for Durable Solutions
The Nigerian government should develop a comprehensive national policy framework
that outlines strategies for achieving durable solutions for IDPs, including return,
resettlement, and reintegration.
● Clear guidelines for each solution: The policy should provide clear guidelines
for facilitating the return of IDPs to their communities, ensuring that conditions
are safe and conducive. For those opting for resettlement, the policy should
outline processes for securing land, housing, and livelihoods in new areas.
● Integrated approach: The framework should adopt an integrated approach that
considers the interconnections between security, livelihoods, healthcare,
education, and social cohesion. This holistic perspective is essential to address
the multiple challenges faced by IDPs and support their long-term recovery .
1.2 Establish a Monitoring and Evaluation System
A robust monitoring and evaluation (M&E) system should be put in place to track the
progress of durable solutions and inform policy adjustments.
● Regular assessments of conditions: The government should conduct regular
assessments to evaluate the safety and viability of conditions for return and
resettlement. This should include consultations with IDPs to understand their
experiences and challenges.
● Impact measurement: The M&E system should measure the impact of
interventions on the well-being and reintegration of IDPs, providing data to inform
future policy decisions and improve program effectiveness.
2. Funding Mechanisms for IDP Assistance and Protection
2.1 Create Sustainable Funding Sources
The government should establish sustainable funding mechanisms to ensure ongoing
support for IDPs and the implementation of policies aimed at their protection and
assistance.
● Allocate budgetary resources: The national and state governments should
allocate specific budgetary resources for IDP programs, ensuring that these
funds are dedicated to addressing the needs of displaced populations. This
funding should be protected from cuts during budgetary constraints .
● Public-private partnerships: Encourage public-private partnerships to leverage
additional resources for IDP assistance. Engaging the private sector can help
mobilize financial support, expertise, and innovative solutions to address the
challenges faced by IDPs.
2.2 Develop a Multi-Year Funding Strategy
To ensure the sustainability of assistance programs, the government should develop a
multi-year funding strategy that outlines priorities, targets, and funding needs over the
long term.
● Predictable funding flows: Establish predictable funding flows that allow
agencies and organizations to plan and implement programs effectively. Multiyear funding commitments can enhance stability and encourage proactive
interventions .
● Diversify funding sources: The government should work to diversify funding
sources by exploring grants, international aid, and contributions from
humanitarian organizations. This approach can mitigate the impact of funding
shortfalls and ensure continued support for IDPs.
3. Engaging IDPs in Decision-Making Processes
3.1 Foster Meaningful Participation
It is essential to actively engage IDPs in decision-making processes that affect their
lives and well-being.
● Establish representative bodies: Create representative bodies or committees
composed of IDPs to facilitate their involvement in decision-making at local,
state, and national levels. These bodies should provide a platform for IDPs to
voice their concerns, needs, and recommendations.
● Consultation processes: Implement regular consultation processes with IDPs
to gather their input on policies, programs, and interventions. This participatory
approach ensures that interventions are grounded in the realities and
experiences of displaced populations.
3.2 Build Capacity for Advocacy
Empowering IDPs to advocate for their rights and needs is crucial for ensuring their
voices are heard.
● Training and support: Provide training and support to IDPs in advocacy,
negotiation, and leadership skills. This capacity-building will enable them to
engage effectively with government authorities and other stakeholders on issues
affecting their lives.
● Promote awareness campaigns: Launch awareness campaigns to educate
IDPs about their rights and available support services. Informing IDPs about their
entitlements can empower them to demand necessary assistance and participate
in decision-making processes.
Conclusion
Implementing these policy recommendations is critical to enhancing the protection and
assistance provided to internally displaced persons in Nigeria. By developing a
comprehensive framework for durable solutions, securing sustainable funding
mechanisms, and actively engaging IDPs in decision-making processes, the Nigerian
government can create an environment that supports the rights and needs of displaced
populations. These efforts will ultimately contribute to the resilience and well-being of
IDPs, facilitating their successful reintegration and rebuilding of their lives.
Footnotes:
1. United Nations High Commissioner for Refugees (UNHCR), "Guidelines on
Durable Solutions for IDPs," 2022.
2. Internal Displacement Monitoring Centre (IDMC), "Global Report on Internal
Displacement," 2023.
3. Nigerian National Emergency Management Agency (NEMA), "National Policy on
IDPs," 2023.
4. International Organization for Migration (IOM), "Funding Mechanisms for IDP
Assistance," 2023.
5. Global Protection Cluster, "Engaging IDPs in Decision-Making," 2022.
5.5 Conclusion
Summary of Findings
This comprehensive analysis of the legal and institutional frameworks surrounding
internally displaced persons (IDPs) in Nigeria has highlighted several critical findings.
First, while Nigeria has established a national legal framework that includes provisions
for the rights of IDPs, such as the National Policy on Internally Displaced Persons, gaps
remain in enforcement mechanisms and the coherence of policy implementation.
Additionally, the Nigerian Constitution offers important protections, but these are often
not fully realized for IDPs, leading to significant challenges in their daily lives.
On the international front, Nigeria's commitment to various treaties and conventions,
such as the Kampala Convention and the UN Guiding Principles on Internal
Displacement, reflects a positive alignment with global standards. However, a
comparative analysis indicates inconsistencies in compliance with these obligations,
emphasizing the need for stronger institutional frameworks and accountability
mechanisms.
Regionally, frameworks established by organizations like the African Union (AU) and
ECOWAS have made strides in addressing the rights and protection of IDPs.
Nevertheless, the challenges of bureaucratic inefficiencies, corruption, and lack of
political will undermine these efforts.
Furthermore, the findings underscore the importance of enhancing the capacity and
coordination of governmental agencies, improving data collection and needs
assessment for IDPs, and fostering partnerships between the government, NGOs, and
international organizations. There is also a pressing need for comprehensive policy
recommendations that focus on durable solutions for IDPs, sustainable funding
mechanisms, and engaging displaced individuals in decision-making processes.
Final Thoughts on Improving the Legal and Institutional Frameworks for IDPs in
Nigeria
Improving the legal and institutional frameworks for IDPs in Nigeria is not only a legal
obligation but also a moral imperative. Addressing the needs and rights of IDPs is
essential for fostering social cohesion, enhancing human security, and promoting
sustainable development in the country.
To achieve meaningful progress, it is crucial for the Nigerian government to adopt a
holistic approach that integrates legal reforms, institutional strengthening, and
community engagement. By prioritizing the voices of IDPs and involving them in the
design and implementation of policies, Nigeria can create an environment where the
rights and needs of displaced persons are recognized and fulfilled.
Moreover, sustained political commitment, adequate funding, and collaboration among
various stakeholders—including civil society, the private sector, and international
organizations—will be pivotal in overcoming existing barriers and ensuring that IDPs
receive the protection and support they need to rebuild their lives.
In conclusion, the successful integration of IDPs back into society hinges on the
commitment to creating inclusive, responsive, and sustainable frameworks that prioritize
human dignity and rights. Through concerted efforts and collaborative action, Nigeria
can pave the way for durable solutions that foster resilience and empowerment among
its displaced populations.
5.6 Suggestions for Further Research
To enhance the understanding and response to the challenges faced by internally
displaced persons (IDPs) in Nigeria, several areas require deeper exploration and future
research directions. These suggestions aim to inform policymakers, humanitarian
actors, and scholars about critical issues that impact IDPs and their rights.
1. Impact of Climate Change on Displacement
Research should investigate the relationship between climate change and internal
displacement in Nigeria. This includes examining how environmental factors, such as
desertification, flooding, and resource scarcity, contribute to displacement patterns.
Studies could focus on:
● Regional vulnerabilities: Identifying regions most affected by climate-related
displacement and analyzing the socio-economic factors that exacerbate these
vulnerabilities.
● Adaptation strategies: Evaluating the effectiveness of local and national
adaptation strategies in reducing displacement risk and enhancing community
resilience.
2. Mental Health and Psychosocial Support for IDPs
The psychological impact of displacement is often overlooked. Future research should
explore the mental health needs of IDPs and the effectiveness of existing psychosocial
support services. Key areas to consider include:
● Prevalence of mental health issues: Investigating the prevalence of trauma,
depression, and anxiety among IDPs and understanding the factors contributing
to these mental health challenges.
● Access to services: Assessing the accessibility and effectiveness of mental
health and psychosocial support services provided to IDPs, including barriers to
accessing care.
3. Economic Reintegration and Livelihood Opportunities
Research is needed to understand the barriers and opportunities for the economic
reintegration of IDPs. This includes examining:
● Livelihood strategies: Identifying the livelihood strategies adopted by IDPs and
the challenges they face in accessing employment, skills training, and financial
resources.
● Role of microfinance: Evaluating the role of microfinance and entrepreneurship
programs in supporting the economic empowerment of IDPs.
4. Legal Frameworks and Access to Justice
Further research should focus on the effectiveness of legal frameworks and access to
justice for IDPs in Nigeria. Areas of exploration could include:
● Barriers to legal recourse: Investigating the barriers that IDPs face in accessing
legal remedies for property rights violations, discrimination, and other injustices.
● Comparative legal analysis: Conducting comparative analyses of IDP
protection laws in Nigeria with those in other countries, identifying best practices
that could inform policy reforms.
5. Role of Technology in Supporting IDPs
With the increasing use of technology in humanitarian responses, research should
explore how technology can be leveraged to improve the lives of IDPs. Potential
research areas include:
● Digital platforms for information sharing: Assessing the effectiveness of
digital platforms in disseminating information about services and rights available
to IDPs.
● Mobile applications for support services: Investigating the potential of mobile
applications to provide access to legal aid, health services, and educational
resources for IDPs.
6. Gender Dynamics in Displacement
Understanding the gender dynamics of displacement is crucial for developing targeted
interventions. Future research should focus on:
● Gender-specific needs and vulnerabilities: Exploring the unique challenges
faced by women and girls in displacement contexts, including issues related to
safety, reproductive health, and economic opportunities.
● Empowerment initiatives: Evaluating the effectiveness of programs aimed at
empowering women and girls among IDPs and their impact on overall community
resilience.
7. Community-Based Approaches to IDP Integration
Research should investigate the role of community-based approaches in facilitating the
integration of IDPs. Key areas of focus could include:
● Local integration strategies: Analyzing successful local integration strategies
implemented by communities and their impact on IDP well-being.
● Social cohesion: Examining how community engagement and participation in
decision-making can enhance social cohesion between IDPs and host
communities.
Conclusion
By addressing these areas through further research, stakeholders can gain a deeper
understanding of the complexities surrounding internal displacement in Nigeria. This
knowledge will be instrumental in developing effective policies, programs, and
interventions that support the rights and well-being of IDPs while fostering resilience
and social cohesion within affected communities.
References
Legal Texts and Policies
1. Nigerian Constitution. (1999). Constitution of the Federal Republic of Nigeria.
Abuja: Federal Government of Nigeria.
2. National Policy on Internally Displaced Persons. (2012). National Emergency
Management Agency (NEMA), Nigeria.
3. Kampala Convention. (2009). African Union Convention for the Protection and
Assistance of Internally Displaced Persons in Africa. Kampala: African Union.
4. United Nations Guiding Principles on Internal Displacement. (1998). United
Nations.
5. ECOWAS Protocol on Free Movement of Persons, Residence, and
Establishment. (1979). Economic Community of West African States.
Academic Articles
6. Afolabi, A. A. (2020). "The Legal Framework for the Protection of Internally
Displaced Persons in Nigeria: Challenges and Prospects." Journal of Human
Rights and Social Justice, 3(1), 23-45.
7. Idris, S. & Shuaib, H. (2018). "The Impact of Internal Displacement on Women
in Nigeria: A Study of the Boko Haram Conflict." African Journal of Social
Sciences, 8(2), 67-80.
8. Ogunyemi, O. (2021). "Legal Protection of Internally Displaced Persons in
Nigeria: An Appraisal." International Journal of Law and Legal Studies, 8(3), 112130.
Reports
9. Internal Displacement Monitoring Centre (IDMC). (2023). "Global Report on
Internal Displacement 2023." Geneva: IDMC.
10. United Nations High Commissioner for Refugees (UNHCR). (2022).
"Guidelines on Durable Solutions for IDPs." Geneva: UNHCR.
11. International Organization for Migration (IOM). (2023). "Data Collection and
Needs Assessment for IDPs: Best Practices." Geneva: IOM.
12. Humanitarian Accountability Partnership. (2022). "Participatory Approaches in
Needs Assessment." Geneva: HAP.
13. Nigerian Red Cross Society. (2023). "Partnerships for Effective Humanitarian
Response." Abuja: Nigerian Red Cross Society.
Case Studies and Research
14. Amnesty International. (2020). "Nigeria: 'Our Home is Now a Graveyard'—
Insecurity and the Plight of Displaced People." London: Amnesty International.
15. World Bank. (2021). "Internal Displacement in Nigeria: Assessing the
Socioeconomic Impact." Washington, DC: World Bank.
16. International Federation of Red Cross and Red Crescent Societies (IFRC).
(2023). "Supporting the Rights of IDPs in Nigeria: Lessons Learned." Geneva:
IFRC.
Additional Materials
17. African Union (AU). (2022). "Framework for the Implementation of the Kampala
Convention." Addis Ababa: African Union.
18. Economic Community of West African States (ECOWAS). (2023). "Policy for
the Protection of Displaced Persons in West Africa." Abuja: ECOWAS.
19. Global Protection Cluster. (2022). "Engaging IDPs in Decision-Making."
Geneva: Global Protection Cluster.
20. International Committee of the Red Cross (ICRC). (2023). "The Impact of
Armed Conflict on Internal Displacement in Nigeria." Geneva: ICRC.
Conclusion
This comprehensive list of references provides a foundation for understanding the legal,
institutional, and socio-economic dynamics affecting internally displaced persons in
Nigeria. These materials encompass a variety of perspectives and insights that are
critical for informing policy development and humanitarian action.
Appendices
Appendix A: National Policies and Legal Instruments
1. National Policy on Internally Displaced Persons (IDPs)
○ Document: National Emergency Management Agency (NEMA)
○ Year: 2012
○ Overview: This policy outlines the framework for the protection,
assistance, and durable solutions for internally displaced persons in
Nigeria. It emphasizes the need for coordinated efforts among government
agencies, civil society, and international organizations.
2. Nigerian Constitution (1999)
○ Document: Constitution of the Federal Republic of Nigeria
○ Overview: The Constitution provides the legal basis for the protection of
fundamental human rights, including the right to life, housing, and security,
which are relevant to IDPs.
3. National Emergency Management Agency (NEMA) Act
○ Document: NEMA Act (2004)
○ Overview: Establishes the framework for disaster management in Nigeria
and outlines the roles and responsibilities of NEMA in responding to
emergencies, including those affecting IDPs.
4. National Policy on Disaster Management
○ Document: Federal Government of Nigeria
○ Year: 2010
○ Overview: This policy provides a framework for disaster risk reduction and
management, including strategies for addressing the needs of displaced
populations during and after disasters.
Appendix B: International and Regional Instruments
1. Kampala Convention
○ Document: African Union Convention for the Protection and Assistance of
Internally Displaced Persons in Africa
○ Year: 2009
○ Overview: This convention outlines the obligations of states to protect and
assist IDPs and establishes a legal framework for addressing
displacement in Africa.
2. UN Guiding Principles on Internal Displacement
○ Document: United Nations
○ Year: 1998
○ Overview: These principles provide a framework for the protection of
internally displaced persons and outline the responsibilities of
governments and other actors in ensuring their rights.
3. ECOWAS Policy for Disaster Risk Reduction
○ Document: Economic Community of West African States (ECOWAS)
○ Year: 2006
○ Overview: This policy outlines strategies for disaster risk reduction in
West Africa, including the protection of vulnerable populations such as
IDPs.
Appendix C: Additional Supporting Documents
1. Guidelines on Durable Solutions for IDPs
○ Document: United Nations High Commissioner for Refugees (UNHCR)
○ Year: 2022
○ Overview: Provides guidance on achieving durable solutions for IDPs,
including return, resettlement, and integration, and outlines the
responsibilities of states and humanitarian actors.
2. National Disaster Risk Management Framework
○ Document: National Emergency Management Agency (NEMA)
○ Year: 2021
○ Overview: This framework establishes the strategic approach to
managing disaster risks in Nigeria, including provisions for addressing the
needs of IDPs.
3. Human Rights Framework for IDPs in Nigeria
○ Document: National Human Rights Commission of Nigeria
○ Year: 2019
○ Overview: This framework outlines the human rights obligations of the
Nigerian government concerning IDPs and provides recommendations for
improving their protection and assistance.
Appendix D: Case Studies and Reports
1. "Our Home is Now a Graveyard" – Insecurity and the Plight of Displaced
People
○ Document: Amnesty International
○ Year: 2020
○ Overview: A report detailing the experiences of IDPs in Nigeria,
highlighting the challenges they face due to insecurity and inadequate
humanitarian responses.
2. Global Report on Internal Displacement
○ Document: Internal Displacement Monitoring Centre (IDMC)
○ Year: 2023
○ Overview: An annual report that provides insights into the state of internal
displacement globally, with specific references to Nigeria's context.
3. "Supporting the Rights of IDPs in Nigeria: Lessons Learned"
○ Document: International Federation of Red Cross and Red Crescent
Societies (IFRC)
○ Year: 2023
○ Overview: This document summarizes key lessons learned from
interventions aimed at supporting IDPs in Nigeria, offering
recommendations for future action.
Conclusion
These appendices provide essential national policies, legal instruments, and supporting
documents relevant to the protection and assistance of internally displaced persons in
Nigeria. They serve as vital resources for understanding the legal framework, policy
landscape, and ongoing efforts to address the needs of IDPs in the country.