Internally Displaced Persons In Nigeria: Issues, Problems & Solutions

By Emmanuel Agherario, Esq

ABSTRACT

Internally displaced persons are those who have been forced or obliged to leave their homes behind, notably for reasons related to armed conflict or other violence, and who remain within the borders of their country. There is no universal, legally binding instrument equivalent to the United Nation Guiding Principles on Internally displacement that specifically addresses their plight. Nonetheless, internally displaced people are protected by International human rights law and domestic law and, in situations of armed conflict, by International humanitarian law (IHL). Under International humanitarian law (IHL), people are protected from and during displacement as civilians, provided they do not take a direct part in hostilities. In this paper an attempt would be made to address the issues and problems of internally displace persons in Nigeria. Finally, the paper would conclude with recommendations on how to resolve internal displacement and preventing future displacement.

Keywords: Internally displace persons, Problems, laws, Conflicts, Nigeria.

• INTRODUCTION

There has been an alarming raise in the number of internally displaced persons in Nigeria and around the world, which is attributed to several reasons including ethnic, religious and political conflicts, both human-manmade and natural disasters, violence, and other rights abuses. The resultant effect of this violence and or crisis is destruction of habitation for which mostly women and children are greatly affected, the destruction leads to migration of displaced persons to places where they will be protected from further violence. A recent example in Nigeria is the displacement of people in Akwa Ibom[1], Imo, Enugu, Kaduna, Borno, Yobe, Adamawa, Benue, Niger, Gombe, Taraba, Niger, Plateau State etc  occasioned by violent insurgency by Boko Haram, Bandits, crisis, etc[2].Under International law, this is described as internal displacement.

Internal displacement simply means the involuntary or forced movement, evacuation or relocation of persons or group of persons within internationally recognized border.[3]According to the United Nations Guiding Principles on Internal Displacement, Internally Displaced Persons (IDPs) are persons or group of people who have been forced or obliged to leave their houses or place of habitual residence in particular as a result of or in order to avoid the effect of armed conflict, situation of generalized violence, violation of human rights or national or human-made disasters and who have not crossed an internationally recognized state border[4].  According to the definition as provided by the Guiding Principles on Internal Displacement highlighted above, there are two basic components in the definition of IDPs and it is, the fact that they are forced to leave and remain away from home, and the fact that they remain within the borders of their countries. It is instructive to note at this juncture that, it is the second component that distinguishes IDPs from Refugees who are displaced but across internationally recognized borders.[5]

In city after city, people’s stories made it clear that the experience of displacement went beyond a loss of asset[6], to psychology, security and even the economy etc. Armed conflict in Nigeria has forced more than 2 million people from their homes, with more than 1.5 million of these displacements within the north eastern part of the country. The regionalized conflict which since 2013 has affected the neighboring countries of Cameroon, Chad and Niger has caused a protracted humanitarian crisis with some of the highest human costs in the world[7]. In Northern part of Nigeria people kept evoking the extreme violence they had endured as a result of Fulani Herdsmen attacks, bandits and Boko Haram insurgencies, in Sudan and Somali City of Baidoa the population is estimated to have doubled because of the large scale movement from rural areas caused by drought and insecurity in 2016-2020.

In this paper an attempt would be made to address the issues, problems and possible solutions to internal displacement.

• LEGAL FRAMEWORK FOR THE PROTECTION OF INTERNALLY DISPLACED PERSONS

2.1 International Frameworks

There are several international laws which protect the rights of internally displaced persons however a few shall be discussed below:

1. Geneva Conventions and its Additional Protocols:

Under International Humanitarian law, there is no specific provision for the protection of Internally Displaced persons. However, they are accorded civilian status during armed conflict and the provisions of the Geneva Conventions and its Additional protocols applicable to the protection of civilians apply these categories of people.[8] The Geneva Conventions are four in numbers while its additional protocols are two, they are: (1) the convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field,[9] (2) the Convention for the Amelioration of the Condition of the Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea,[10] (3) the Convention Relative to the Treatment of Prisoners of War,[11] and (4) the Convention Relative to the Protection of Civilian Persons in Time of War.[12] While the first Protocol I, extended protection under the Geneva and Hague conventions to persons involved in wars of “self-determination”, which were redefined as international conflicts.[13] The protocol also enabled the establishment of fact-finding commissions in cases of alleged breaches of the convention. The second protocol, Protocol II, extended human rights protections to persons involved in severe civil conflicts, which had not been covered by the 1949 accords.[14] It specifically prohibited collective punishment, torture, the taking of hostages, acts of terrorism, slavery, and “outrages on the personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault”.[15]

The Fourth Geneva Convention (GCIV) deals specifically with the protection of civilians persons in time of war, including occupation.[16] Internally displaced persons (IDPs) are part of the civilians’ population and therefore are entitled to receive same protections as other civilians. The Additional Protocol I (AP1) supplements these protections in times of international armed conflicts, and Additional Protocol II (APII) in times of non-international armed conflicts. States who are signatories to the convention has the responsibility to implement these protections in their domestic legal framework.[17] Geneva Conventions of 1949 and its Additional Protocols of 1977 have been adopted and rectified by the National Assembly in Nigeria and has the force of law within Nigeria.[18]

Under International humanitarian law (IHL), displaced persons have a right to voluntary return in safety to their homes or places of habitual residence as soon as the reasons for their displacement cease to exit.[19]  One major challenge with the Convention is in relation to Article 6 of the Fourth Convention which specifies the point at which its application ceases. In situations other than occupation, defining that point is sometimes a matter of interpretation. Depending on that interpretation, serious consequences from a humanitarian viewpoint may be inflicted on those who are supposed to be protected by the Fourth Convention. Experience shows that armed conflicts rarely stop from one moment to the next. A period of neither war nor peace can go on for years. Though provisional agreements are sometimes concluded during this times, individual freedom of movement continue to be limited, internally displaced people, and refugees are slow in returning to their homes, and detainees continue to be held.[20]

2. Guiding Principles on Internal Displacement:[21] The Guiding Principles are 30 standards that were outline and or developed to cater for the plights of international displaced persons under International law. The first international standards for internally displaced persons were introduced into the United Nations Commission on Human Rights in April 1998.

The principles address protection against displacement[22], protection during displacement[23], the framework for humanitarian assistance[24], and protection during return, local integration in the locations where the persons have been displaced and resettlement in another part of the country.[25]  The Guiding Principles specify in Principle 6 that “displacement shall last no longer than required by the circumstances.” A durable solution is achieved when internally displaced persons no longer have any specific assistance and protection needs linked to their displacement and can enjoy their human rights without discrimination on account of their displacement.[26]

The major problem and or loophole with the United Nations [27] Guiding Principles on Internal Displacement is that it is a soft law non-binding on states. Thus, the governments decide on how to apply the guiding principles.  At the international level, no single agency or organization has been designated as the global lead on protection and assistance of internally displaced persons.

3. African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa:

This is otherwise known as Kampala Convention. It is a treaty of the African Union that addresses internal displacement caused by armed conflict, natural disaster and large scale development projects in Africa. It was adopted in October, 2009. As of today, it has been signed by 40 and ratified by 27 of the 55 member states of the African Union. The Convention entered into force on 6th December, 2012[28], 30 days after its ratification by the 15^th state.

Article 2(a) of the Convention[29] provides that one of the objectives of the convention is to promote and strengthen regional and national measures to prevent or mitigate, prohibit and eliminate root causes of internal displacement as well as provide durable solution.  While Article 3(d) provide that state parties shall respect and ensure respect and protection of the human rights of internally displaced persons, including humane treatment, non-discrimination, equality and equal protection of law.[30]

More so, Article 9 of the Convention provides that state parties shall protect the rights of internally displaced persons regardless of the causes of displacement.[31] All these provisions heavily reflect the significance of the Guiding Principles as an initial, authoritative statement of international principles on the protection and assistance of internal displaced persons. While adapted in some ways in order to better reflect the African context, the Kampala Convention is the clearest expression to date of the contribution of the Guiding Principles to successive binding norms on internal displacement.[32]

2.2 National Frameworks

1. The Constitution of the Federal Republic of Nigeria as amended: The Constitution is the ground norm for which all other law derives its source within Nigeria. Chapter 2[33] of the Constitution (Section 13 to 24) provides for the Fundamental Objectives and Directive Principles of State Policy. The directive principles outline policy priorities in relation to economic, political, social and environmental concerns.[34] Section 14(2)[35] provides that the security and welfare of the people shall be the primary purpose of government. In preserving social order, section 17[36] mandates the state to direct its policy towards all citizens. It specifically recognizes the need to protect children, young people and the elderly.[37] A downside to entrenching protection for internally displaced persons in the directive principles as argued by many scholars is that by Section 6(6)(c) of the constitution its provisions are non-justiciable.[38] However, there are bridges to the wall built by section 6(6)(c) of the Constitution[39] to which it can be made justiciable, one of which is by legislation and another ratification of any international treaties that has similar provisions by the National Assembly.[40] Some of which are African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, LFN 2004, Child Rights Act Cap. C50, LFN 2004, Fundamental Rights (Enforcement Procedure) Rules, 2009. In Socio-Economic Rights and Accountability Project (SERAP) v. Federal Republic of Nigeria,[41] in that case the court held the provisions of chapter 2 of the constitution as contained in the Africa Charter on Human and Peoples Rights right by Nigeria to be enforceable by virtue of legislation.

More so Chapter 4[42] of the 1999 Constitution particularly Section 33, 34, 35, 37 and 42 provide for the right to life, right to dignity of human person, right to personal liberty, right to private and family life and rights to freedom from discrimination amongst others rights which are available to and exercisable by all Nigerian citizens inclusive of internally displaced persons.

2. National Policy on Internally Displaced Persons 2012: The Policy starts by re-affirming the fundamental rights of all citizens under the 1999 Constitution but also acknowledges the particular vulnerabilities of women and children, according them special guarantees. It then includes measures to protect against being displaced and sets out standards pertaining to the delivery of humanitarian assistance by national and international humanitarian agencies.[43] The policy adopts a definition of internally displaced persons (IDP’s) that is very broad covering human induced displacement, whether through violence or through violations of human rights, natural disaster and any other cause of displacement.[44]  To ensure that the human rights of internally displaced persons (IDP’s) are protected even under displacement, the policy in chapter three recognizes certain rights for internally displaced persons (IDP’s), which rights are classified into general and specific rights. The general rights belongs to all displaced persons and they include the right to protection from displacement,[45] right of every displaced person to protection and assistance during and after displacement,[46] and the rights of IDP’s to voluntary return, local integration and relocation.[47]  On the other hand, the specific rights are rights guaranteed for particular categories of persons needing special attention. The rights include the rights of internally displaced children,[48] the rights of internally displaced women,[49] the rights of internally displaced persons with disabilities,[50] and rights of internally displaced elderly persons.[51] The policy also has obligations for IDP’s. 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 host communities[52] and abide by rules and regulations in collective settlements.[53]

The major problem and or loophole with the policy, is that despite how beautiful her provisions are the policy has only remained a policy and not a statute.[54] As such there is need for a specific legislature for the protection of internally displaced persons in Nigeria and or an insertion of specific clause/rights in chapter 4 of the constitution for their protection. Such clause or rights could be drafted like this “ every person shall have a right to be protected and assisted in situations of internal displacement” Clarification on what protection and assistance entails in the various circumstances of internal displacement could be advanced by the judiciary. In advancing clarification, the judiciary should make reference to the United Nations Guiding Principles on Internal Displacement and the Kampala Convention, which Nigeria has ratified.[55]

4.0 ISSUES, CAUSES AND PROBLEMS OF INTERNALLY DISPLACED PERSONS

The problem of internal displacement in Nigeria and other part of the world is a serious issue and challenge that needs to be addressed. For instance, Relief web reported in June 2020 that Boko Haram insurgency has displaced about 2.4 million Nigerians. As of December 2019, Nigeria has about 2.5 million internally displaced people.[56] There is also the unresolved internal displacement issue which arose out of the ceding of Bakassi Peninsula to Cameroon and several other natural disasters/crisis that has cause displacement. Some causes of displacement in Nigeria include jihadist violence, armed banditry, farmers-herders conflict, inter-communal wars and boundary disputes, oil spillage and developmental projects in the Niger Delta or any situation that can be defined as a violation of Human Rights. Nigeria’s displaced population continues to increase as these conflict and violence challenges continue unabated. [57] In 2018 it was reported that there are over 28 million new displacements which is associated with conflicts, generalized violence and disasters were recorded across the world.[58] While the Global Report on Internal displacement showed how conflict and disasters caused the internal displacement of 33.4 million people in 145 countries and territories in 2019. Conflict and violence triggered 8.5 million new displacements, and disasters became the reason for 24.9 million new displacements in 2019[59]. The UN Guiding Principles on Internal Displacement, the African Union Convention for Protection and Assistance of Internally Displaced Persons (IDPs) and the National Policy on Internally Displaced Persons (IDPs) in Nigeria[60]provide useful guidance on displacement. They have broad support from the international community, and many states have incorporated them into domestic law. Many of the rules contained in the Guiding Principles and African Union Convention for Protection and assistance of IDPs are part and parcel of international humanitarian law[61]. For example, the guiding principles makes it clear that states have a duty to provide displaced people with lasting return; resettlement and reintegration solutions and that displaced people must be involved in planning and managing measures that concerns them.[62] Violations of these rules by parties to a conflict often cause civilians to flee their homes. Hence why the provisions seeks out ways to prohibit any form of attacks with intent on destroying objects indispensable to the survival of civilians or their properties

Also, there are relevant provisions prohibiting attacks on civilians or civilian’s property, conducting indiscriminate attacks, starving civilians as a method of warfare, destroying objects indispensable to their survival.[63]. Resolving internal displacement and preventing future displacement is inextricably linked to achieving lasting peace on one hand and tackling the problems faced by internal displaced persons, as neglecting one will restrict the existence of the other and ultimately an end to internal displacement, while unresolved problems of displacement may cause instability and thus threaten peace building.[64]

Some of the challenges/problems internally displaced persons face includes the following:

1. Post Internal Displacement trauma[65]:

Internal displacement brings with it a level of heightened vulnerability. Nobody plans to be homeless, even when you do you will still be stunned by the fact that you are now homeless not just homeless but also helpless.[66] Most internally displaced persons suffer from such traumas which can lead to their death or cause them to never be normal again as they are often found depressed and totally lost the pain the violence inflicted on them.[67] For instance the 20 years of War in Northern Uganda between the Lord’s Resistance Army and the Ugandan government resulted to the displacement of over 2million people within Uganda with most now suffering from post internal displacement trauma. In November 2016 a cross-sectional multi-staged, random cluster survey with 1210 adult internally displaced persons (IDP’s) was conducted in Gulu and Amuru districts of northern Uganda. [68] The methods employed are: Levels of exposure to traumatic events and PTSD were measured using the Harvard Trauma Questionnaires while the levels of depression were measured using the Hopkins Symptom Checklist 25 and the multivariate logistic regression was used to analyse the association of demographic and trauma exposure variables on the outcomes of PTSD and depression. The results of the survey shows that over half (54%) of the respondents met symptom criteria for PTSD, and over two third (67%) of respondents met symptom criteria for depression. Also in 2019 a similar survey was conducted in South Ethiopa among internally displaced persons a total of 625 participants were interviewed with a response rate of 98.3%.[69] The estimated prevalence of PTSD was 58.4% with 95% CI 61.9. In the multivariate logistic regression, being female (AOR=2.4, 95% CI 1.6 to 3.4), depression (AOR=2.6, 95% CI 1.2 to 3.9), displaced more than once (AOR=3.7, 95% CI 2.4 to 5.8), destruction of personal property (AOR=1.6, 95% CI 1.04 to 2.44) witness the murder of family (AOR=2,95% CI 1.2, 3.9), and cumulative trauma (AOR=4,95% CI 1.7 to 9.6) were significantly associated factors.[70]

2. Lack of government support:

Report has it that during the then Gov. Babatunde Raji Fashola tenure over one million houses were demolished in Ijora, Ajegunle, Makoko, Oshodi and many other communities[71].The FCT minister Bala Muhammed demolished over one hundred and twenty six thousand houses in the federal capital territory alone while some of the victims cried out that they had government approved papers.[72]

It is very much had to imagine government providing support to individual she herself used her own hands to render homeless. That aside, there have been cases where armed conflicts and riots broke out in several places yet no attention was paid to the victims of such situations.

Flood victims are barely supported. The only thing Nigerian leaders are good at is using the suffering encountered by Nigerian for electioneering, imagine the vice president visiting a poorly equipped primary school and sharing food for them instead of providing the school with the necessary materials it needs to be up to standard[73].

3. Lack of financial support

When an individual is displaced from his home per say, the individual in most cases lose a lot more than their houses, some lose their cars, some their certificates and others very important documents, some even lose their money, some who are landlords owing more than one house loses all the houses they have built and need to start from scratch and all these people need financial support that they in most cases can’t get.[74]

Most Non-governmental Organisations are trying but the Non-governmental Organisations can only give what they have and with more internally displaced persons are bound to suffer from financial support[75].

4. Lack of emotional support:

Most internally displaced persons are barely recognized as individuals who need help, they are hardly noticed and they are barely cared for. Money is important but it isn’t everything. Internally displaced persons also need emotional support, they need to be valued, loved and cared for[76].

They need to be shown acceptance and empathy and these mentioned right here are things that they hardly get. Non-governmental Organisations (NGO’s) and the government when they decide to support internally displaced persons do this by merely given them food supplies and nothing more which may be essential but isn’t enough.[77]

5. Lack of medical supplies and Covid 19:

Some internally displaced persons may survive the trauma but sometimes die of various illness and diseases. Victims of armed conflicts and riot are liable to get injured while trying to flee for their lives as well as flood victims and such persons need some substantial medical support but research has shown that most internally displaced persons camp do not have enough medical supplies to cater for the victims but just have to make do with whatever they have[78].

More so, the Corona virus (Covid 19) Pandemic which suddenly attacked the world at the heels of 2019 in the face of poor living and congested temporary shelters unsuitable for living, poor sources of clean water, insufficient food provisions, sanitation and unhygienic amenities put internally displaced person’s (IDP’s) at greater risk than they were before this times.[79]

6. Intolerance

One question that should come to mind when discussing internally displaced person is that now that they are homeless, where will they stay? Nigerians are so intolerant of individuals that they are not affiliated to and will do anything to avoid coming together or overcoming their differences even during turbulent times and avoiding themselves means allowing internally displaced persons to take shelter or refuge in their community or homes. This then becomes a serious issue because the internally displaced person cannot go back to his own home or community.[80]

7. Violence:

There have been several reported cases of rape, molestation and physical assault by officers against internally displaced persons who ordinarily should be under their protection and care. Teenagers and underage girls/boys are daily abused but hardly do the survivals or their families speak out. [81]   For instance in Dalori there was a case of civil joint task force that kept two girls in two different camps, Dalori 1 and Dalori 2. He was just exploiting them sexually. [82] According to Osai Ojigho Director of Amnesty International Nigeria, “it is absolutely shocking that people who had already suffered so much under Boko Haram have been condemned to further horrendous abuse by the Nigerian Military…instead of receiving protection from the authorities, women, young boys and girls have been forced to succumb to rape in order to avoid starvation or hunger”. So may questions can be asked: why has this problem remained unabated in our IDP camps? Have there been any arrest and or court hearing for these offences? Are the authorities really committed to addressing these issues of human rights abuses? What can be done to forestall a reoccurrence of these? The answers are not farfetched, as it appears authorities of both the state Government have not been keen on addressing the issues. Under the regime of the then Senate President Dr. Bukola Saraki  he said “we must be able to accept where these issues exists and work with partners lkike Amnesty International and others to be able to establish the facts.[83]

Most internally displaced persons are usually treated with contempt like they deserve what they are going through. Some Nigerians see internally displaced persons as a threat to them, some Nigerians even see them as a means by which terrorist sneak in their members to targeted area to help perpetrate their evil scheme as such treat internally displaced person with so much contempt, some Nigerian even see internally displaced persons as a threat to their land, jobs, businesses and so on.

8. Lack of trained Personnel:

Ensuring that relevant government official at all levels are trained on internal displacement issues is a key element of the exercise of national responsibility and can contribute to the effectiveness of all aspects of the government’s response. That government officials undergo training related to internally displaced persons (IDPs) or to human rights more generally is a positive step that, although it is not a panacea for displacement, is part and parcel of sensitizing officials so that they are in a better able to protect and assist internally displaced persons (IDPs)[84].

9. Lack of Security:

The security of life and property is the primary function of every government and a fundamental right to be enjoyed by all citizens[85]. Failure in protecting life and property is a major cause of internal displacement. For example because of the state of insecurity in most villages in north east, residents are displaced and will not return until they perceived the area to be safe. Similarly, if reconstruction and economic re-habitation are not sufficient to enable the displaced persons to resume economic livelihood, return will not be sustainable[86]. In Cote d Ivoire an estimated 500,000 to one million people were displaced by conflict that broke out in September 2002.The March 2007 Ouagadougou peace accord, which addressed the fate of internally displaced persons and envisaged the implementation of an aid program for the displaced, opened a window of opportunity for returns. There are similar situations in Nigeria, Bosnia and Herzegovina, Burundi, and Sierre Leone etc[87] where the ICRC responded by offering livelihood support programs aimed at boosting the security situations.

More so the security situation within internally displaced persons camp is very poor. Just recently it was reported in the news that seven dead bodies were counted with many others injured after armed Fulani herdsmen attacked Abagena community housing internally displaced persons camp in Makurdi Local Area of Benue State.[88]

10. Political Rights:

Political transitions need to take into account the particular needs of internally displaced persons (IDPs), for example to enable them to vote on interim political life of the country even before they return to their communities of origin[89]. The 2019 Nigeria General election is a good testing ground[90].

11. Corruption and Environmental Hazards:

There have been reported cases of corrupt government officials diverting goods and food stuffs meant for internally displaced persons for personal use especially in Nigeria. The little provided by government don’t usually get to them. Again the conditions of living in the camps are not friendly and favourable. Water, electricity in these camps not properly managed which poses serious health risk amongst internally displaced persons.

12. Sexual Violence[91]:

Just recently it was recorded that government officials and other authorities in Nigeria have raped and sexually exploited women and girls displaced by the conflict with Boko Haram. In late July 2016, Human Rights Watch documented sexual abuse, including rape and exploitation, of 43 women and girls living in seven internally displaced persons camp in Maiduguri, the Borno State capital[92].

13. Discrimination in the job market:

Many employers find it difficult to employ internally displaced persons and in situations where they are employed the salary is either very low or they are underpaid. Statistics while searching for a job shows that around 40% of IDP’s were offered low salaries and were not satisfied with the difference between their education and offered job.

• EFFECT OF DISPLACEMENT ON THE ECONOMY AND SECURITY

According to Oduwole and Fadeyi the magnitude of internal displacement is Nigeria “is capable of threatening national cohesion of the country.[93] In a report which presents results from 33 Round of displacement tracking matrix (DTM) assessments carried out by the International Organization for Migration (IOM) for August 2020 in Nigeria which reflects trends from six most affected north eastern states of Adamawa, Bauchi, Borno, Gombe, Taraba and Yobe.  It states that 2,118,550 Internally Displaced Persons (IDPs) or 436.058 households were recorded as displaced, an increase of 30,426 individuals (2%) against the last assessment (Round 32) conducted in June 2020 when 2,088,124 were recorded as displaced. The number is also marginally higher than the figure reported in Round 31 which was conducted in February 2020 when 2,046,604 IDPs were identified. Prior to Round 31, the December 2019 assessment had recorded 2,039,092 IDPs.[94]

The above figure is likely to continue to significantly increase yearly due to the raging war against Boko Haram, bandits, IPOB, crisis and natural disasters amongst others. These numbers in the economy of any host community and society will over stretch it and also there will be series of issues such as destruction, insecurity, losses etc.

Beyond the losses caused by a disaster’s destructive force, less direct consequences can also impact the economy. One is the inability of people displaced by disaster to continue their habitual work.  By disconnecting people from their productive activity for days, weeks, months, or even years, internal displacement reduces economic production. In the case of the earthquake that hit Nepal in 2015, this reduction amounted to nearly two per cent of the country’s GDP, or $406 million. In the case of the 2017 earthquake in Mexico, internal displacement led to an estimated reduction in economic production of $160 million, or 0.01 percent of Mexico’ GDP. While in the case of the 2008 Hurricane Ike that hit Cuba, internal displacement let to a loss of $131.7 million or 0.22 per cent of the island’s GDP.[95]

This will lead to over crowdedness in a particularly region thereby posing security risk. Furthermore, there have been arguments by some scholars  that the current security situation in Nigeria is connected to internal displacement. They argued that insecurity is one of the attendants consequences of internal displacement. . In 2016 it was reported by the state NSCDC Commandant, Mr. Ibrahim Abdullahi in Maiduguri that 5 internally displaced persons were arrested in Bakassi camp over alleged theft and vandalism in Borno.[96]

• OTHER JURISDICTIONS

 UKRAINE  

In Ukraine the illegal annexation of Crimea by Russia and the armed conflict on the East of Ukraine caused the internal displacement of around 1.5 million of persons[97]. The government of Ukraine was not ready for this waive of forced migration. Special Reporter on IDP’s human rights severely criticized it, reporting that it “failed to grasp the scope of the problem or respond adequately to it.

The government has taken a series of measures to assist and protect the country’s IDP. Some of the measures taken are:

1. The government established a Unified IDP’s registry data base in 2015
2. It adopted a three year strategy in 2017 to re-integrate displaced people and facilitate their pursuit of long term solutions.
3. It adopted law on ensuring the rights and freedoms of internally displaced persons. etc

SUDAN

Sudan has experience two major civil wars and conflict in Darfur which has made protracted displacement widespread. By the end of 2020 there were 2.3 million people living in displacement in the country. The ongoing violence, particularly in Darfur, and disasters, predominantly flooding, trigger significant new displacement every year.[98]

The Country Information report 454,000 new displacements to be as a result of disasters as at 1^st  January – 31 December 2020, while  79,000 new displacements as a result of conflict and violence as at 1 January – 31 December 2020, the total number of IDPs as  result of conflict and violence as of 31^st December 2020 was 2,276,000[99].

5.0 CONCLUSION/ RECOMMENDATION

The paper has successfully examined the problem of internally displace persons in Nigeria, with a look at the legal framework, issues, causes, problems and or challenges, effect of displacement on the economy and security and makes the following recommendations:

1. The fact that most organizations, including the government, do not have services for internally displaced persons indicates lack of support for internally displaced persons. The government should be urged to include these people in most prevention services, including HIV/AIDS prevention and treatment, facilitates to tackle Covid 19, counseling and other social services[100].
2. The government should strengthen its commitment to ensure that the rights of internally displaced persons are protected. This could be achieved by setting standards for addressing sexual and other forms of violence against the displaced persons so that perpetrators will be brought to justice[101].
3. The national policy should be given legal status to enable either government or delegated actors to enforce its provisions[102].
4. The government should effectively tackle security challenges; it is one step further to solving displacement problem.
5. Finally there are three types of durable solutions for internally displaced people that national government can apply: local integration, resettlement to another place within the country, and return. Internally displaced persons should participate in the process of policy-making for solving the problem of internal displacement.

By Emmanuel Agherario, Esq, E-mail agherarioemmanuel@gmail.com, Phone no. 08065757650

[1]C Onuegbu, Insecurity in Akwa Ibom LG displaces 5000 peron – Council chair, (Report) (11^th April 2021) <https://www.vanguardngr.com/2021/04/insecurity-in-akwa-ibom-lg-displaces-5000-persons-council-chair/>  accessed on 11^th April 2021

[2]C Felter, Nigeria’s Battle with Boko Haram/Council on foreign relations (2018) https://www.cfr.org/backgrounder/nigerias-battle-boko-haram accessed on 6^th April 2021

[3] African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (adopted on 23^rd  October, 2009, entered into force on 6th December, 2012) (Kampala Convention 2012) Art 1

[4] African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (adopted on 23^rd  October, 2009, entered into force on 6th December, 2012) (Kampala Convention 2012) Art 2

[5] E. Mooney, The Concept of Internal Displacement and the Case for Internally Displaced Persons as a Category of Concerns, Refugees Survey Quarterly (2005) Vol.24 Issue 3

[6] C.L Grayson “ Internal displacement: some reflections on cracking the urban challenge” Analysis/Humanitarian Action/Protracted conflict (2018) http://blogs.icrc.org/law-and-policy/2018/09/23/internal-displacement-reflections-cracking-urban-challenge-2/ accessed on 10^th November 2018

[7]ICRC, Displacement in Nigeria: Scenes from the northeast (2018) <https://www.icrc.org/en/international-review/article/displacement-nigeria-scenes-northeast> accessed on 10^th November 2018

[8] Geneva Convention, 1949 Common Art 3,  Additional Protocol II, Art 45.1, Geneva Convention IV, Art 13.3, AP1 Art 48-56, Additional Protocol Art 13-18.

[9] Geneva Conventions I,1949

[10] Geneva Conventions II,1949

[11] Geneva Conventions III,1949

[12] Geneva Conventions IV,1949

[13] Additional Protocols I ,1977

[14] Additional Protocols II,1977

[15] Additional Protocol II, 1977 Art. 4 and 5

[16] Geneva Convention IV, 1949 Art. 4 and 27, Additional Protocol I  Art. 51 and 75, Additional Protocol II Art. 4 and 5

[17] Geneva Conventions (I, II, III and IV ) 1949 and Additional Protocols (I and II) 1977

[18]Constitution of the Federal Republic of Nigeria 1999 (as amended) S.12, Geneva Conventions Act, 1960

[19]Geneva Convention IV, 1949 Art. 49 and 147,  Additional Protocol I, 1977 Art. 51(7), 78(1) and 85 (4) (a), Additional Protocol II, 1977 Art. 4(3)(e) and 17

[20] The Geneva Conventions of 12 August 1949, Commentary (Published under the editorship of Jean S. Pictet of the ICRC to the Geneva Convention relative to the protection of civilian persons in time of war, Geneva, 1945.

[21] United Nations Guiding Principles on Internal displacement 1998

[22] Guiding Principles on Internal displacement 1998, Principles 5 to 9

[23] Guiding Principles on Internal displacement 1998, Principles 10 to 23

[24] Guiding Principles on Internal displacement 1998, Principle 24 to 27

[25] Guiding Principles on Internal displacement 1998, Principle 28 to 30

[26] Guiding Principles on Internal displacement 1998, Principle 6

[27] Guiding Principles on Internal displacement 1998

[28] https://au.in/en/treaties/African-union-Convention-For- The -Protection –And-assistance-Of Internally-Displaced-Persons-In-Africa. Assessed on 6^th February, 2019

[29] African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa 2012

[30] African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa 2012

[31] African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa 2012

[32]R. Adeola The Kampala Convention and the right not to be arbitrarily displaced, forced migration https://www.fmreview.org/GuidingPrinciples20/adeola accessed on 13th June 2021

[33] Constitution of the Federal Republic of Nigeria 1999 (as amended) S.14 (2) (b) the security and welfare of the people shall be the primary purpose of government

[34]R. Adeola, Nigeria’s constitution holds the key to protecting internally displaced people (2016) University of Pretoria https://theconversation.com/nigerias-constitution-holds-the-key-to-protecting-internally-displaced-people-60971 accessed on 14 June 2021

[35]Constitution of the Federal Republic of Nigeria 1999 (as amended) 2011 S.14 (2)(b)

[36]Constitution of the Federal Republic of Nigeria 1999 (as amended) 2011 S. 17

[37]Constitution of the Federal Republic of Nigeria 1999 (as amended) 2011 S. 17 (2) (f)

[38] Constitution of the Federal Republic of Nigeria 1999 (as amended) 2011 S. 6(6)(c)

[39]Constitution of the Federal Republic of Nigeria 1999 (as amended) 2011 S. 12(1)

[40] Constitution of the Federal Republic of Nigeria 1999 (as amended) 2011 S. 315

[41] (2010)ACHPR 109

[42]Constitution of the Federal Republic of Nigeria 1999 (as amended) Chapter IV

[43]National Policy on Internally Displaced Persons in Nigeria 2012

[44] National Policy on Internally Displaced Persons in Nigeria 2012 Ch. 2.1

[45] National Policy on Internally Displaced Persons in Nigeria 2012 Ch. 3.1.2

[46] National Policy on Internally Displaced Persons in Nigeria 2012 Ch. 3.1.3

[47] National Policy on Internally Displaced Persons in Nigeria 2012 Ch. 3.1.8

[48] National Policy on Internally Displaced Persons in Nigeria 2012 Ch. 3.1.4

[49] National Policy on Internally Displaced Persons in Nigeria 2012 Ch. 3.1.5

[50] National Policy on Internally Displaced Persons in Nigeria 2012 Ch. 3.1.6

[51] National Policy on Internally Displaced Persons in Nigeria 2012 Ch. 3.1.7

[52] National Policy on Internally Displaced Persons in Nigeria 2012 Ch. 3.2(d)

[53] National Policy on Internally Displaced Persons in Nigeria 2012 Ch. 3.2(e)

[54] A. Jimoh, UN urges Nigeria to pass IDP policy into law https://www.dailytrust.com.ng/news/general/un-urges-nigeria-to-pass-idp-policy-into-law/184668.html accessed on 14th June 2021

[55] R. Adeola, Nigeria’s constitution holds the key to protecting internally displaced people (2016) University of Pretoria https://theconversation.com/nigerias-constitution-holds-the-key-to-protecting-internally-displaced-people-60971 accessed on 14 June 2021

[56]Relief web, Nigeria’s Displacement Dilemma retrieved on (Report) (11^th June 2020) https://reliefweb.int/report/nigeria/nigerias-displacement-dilemma accessed on 4^th June 2021

[57]M.F Fafita, A. Isaac, International humanitarian law lecture seminar paper “preventing cultural genocide in armed conflict” presented at PG class university of Ibadan (Ibadan 5^th July 2018)

[58] GP20, Fact Sheet on Internal Displacement, Global Protection Cluster https://www.globalprotectioncluster.org/gp20/fact-sheet-on-internal-displacement accessed on 2^nd June 2021

[59] Resource Centre, Global Report on Internal Displacement (2020) https://resourcecentre.savethechildren.net/library/global-report-internal-displacement-2020 accessed on 6th June 2020

[60] National Policy on Internally Displaced Persons in Nigeria 2012, Chapter 3 deals with Rights and obligations of internally displaced persons, Chapter 4 Responsibilities of Government, Humanitarian Agencies, Host Communities, and Armed group to internally displaced persons, Chapter 5 Policy implementation framework and strategies and Chapter 6 funding, monitoring, evaluation and policy review

[61] Additional Protocols I to the Geneva Conventions 1949 Art.73 provide for refugees as protected persons, Geneva Convention III 1949 Art 3; Geneva Conventions 1949 IV Art 44 specifies that detained persons should not be treated as criminals. IHL rules prohibiting direct attack on civilians and civilians objects or indiscriminate attack, starvation of civilian population and the destruction of objects indispensable to its survival, collective punishment etc.

[62] Refugees International, Displaced: Addressing the Threat of the Novel Coronavirus in Humanitarian Emergencies. (report) (29^th March 2020) <https://www.refugeesinternational.org/reports/2020/3/29/covid-19-and-the-displaced-addressing-the-threat-of-the-novel-coronavrius-in-humanitarian-emergencies> accessed on 30^th May 2021

[63]J. Kellenberger Root causes and prevention of internal displacement the ICRC perspective  (23^rd October  2009) <https://www.icrc.org/en/doc/resources/documents/statement/displacement-statement-231009.htm> accessed on 6^th June 2021

[64]Brookings-Bern, Project on Internal Displacement, Addressing Internal Displacement in Peace Processes, Peace Agreements and Peace-Building(Washington, D.C 2007)<https://gsdrc.org/document-library/addressing-internal-displacement-in-peace-processes-peace-agreements-and-peace-building/> accessed on 4^th June 2021

[65]E.T Owoaje, A review of the health problems of the internally displaced persons in Africa  Nigerian  (2016) Vol.23 Postgrad Medical Journal <https://www.ncbi.nlm.nlm.nih.gov/m/pubmed/28000636/> accessed on 8^th June 2021

[66] Z. K Murad, A.N Sarkees, S. S Miho, Assessment of post-traumatic stress disorder among Shengalian internally displaced persons, University of Duhok-College of Nursing, Kurdistan Region of Iraq (20^th November 2018) https://www.longdom.org/proceedings/assessment-of-posttraumatic-stress-disorder-among-shengalian-internally-displaced-persons-45953.html accessed 6th June 2021

[67] Ibid

[68] B. Roberts, K.F Ocaka, J. Brown, etal Factors associated with post-traumatic stress disorder and depression amongst internally displaced persons in northern Uganda. BMC Psychiatry 8, 38 (2008) https://doi.org/10.1186/1471-244X-8-38 accessed on 5th June 2021

[69] D. Madoro, H.Kerebih, K.Yohannes, Post-Traumatic Stress Disorder and Associated Factors Among Internally Displaced People in South Ethiopia: A Cross-Sectional Study (2020) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7548318/ accessed on  5^th June 2021

[70] IDMC. Report on International displacement (2018) <https://www.internal-displacement.org/sites/default/files/…/2018-mid-year Ethiopia> accessed on 6^th June 2021

[71]G.Okojie, Nigeria: Fashola Demolishes 2,000 Homes in Lagos, allafrica.com(14^th November, 2008) <https://allafrica.com/stories/200811180717.html> accessed on 17^th May 2021

[72] B. Mohammed, We demolished 124,000 Houses in 2 years – minister-legit.ng (April 2010) https://www.legit.ng/9710.html accessed on 6th June 2021

[73]O.Eunice, Video: Osinbajo. Akeredolu share school meal with pupils – Punch newspapers (4^th May 2018) https://www.punchng.com/videos-osinbajo-akeredolu-share-school-meal-with-pupils/ accessed on 6^th June 2021

[74] S. Ekpa, NHM Dahlan, Legal Issues and Prospects in the Protection and Assistance of Internally Displaced Persons (IDPs) in Nigeria (2016) Journal of law, Policy and Globalization (49) 110

[75]J.Erunke, UK-based NGO donates relief materials to Abuja IDPs ‘ camp, orphanage –Vanguard News (28^th May 2018) https://www.vangaurdngr.com/2018/05/uk-based-ngo-donates-relief-materials-abuja-idps-cam accessed on 7th June 2021

[76]M.T Ladan, Overview of International and Religious Frameworks on International Displacement:- A case study of Nigeria. A paper presented at a 2 day multi stakeholder conference on internal displacement in Nigeria organized by civil society legislative Advocacy Centre (2011)

[77] Ochiaka Ugwu, Rising Nigeria IDPs: what solution? People’s Daily, ( 8^th July 2015)https://www.peoplesdailyng.com/rising-nigeria-idps-what-solution accessed on 14th June 2021

[78]Huriwa: Neglect Suffered by IDPs, Worst Case of Human Rights Violations |Sahara Reporters (24^th September 2018)< http;//saharareporters.com/2018/09/24/huriwa-neglect-suffered-idps-worst-case-human-rights-violations> accessed on 8^th June 2021

[79] B.G Toby, C. Ajie, M.E Nwanyanwu, legal protection of internally displaced persons in Nigeria amids Coronavirus (Covid19) Pandemic. Peoples international journal of social science(2021) 6(3) 269-283 https://doi.org/10/20319/pijss.2021.63.269283

[80]Human Rights Watch, Nigeria: Disturbing intolerance of dissent, violent crackdown on protesters Mars security reform efforts (Report) (12^th January 2017) https://www.hrw.org/news/2017/01/12/nigeria-disturbing-intolerance-dissent accessed on 7th June 2021

[81]A. Haruna, Special Report  How Boko Haram displaced women, girls are sexually abused at IDP Camp 1.Premiumtimes news (10^th August 2020) https://www.premiumtimesng.com accessed on 7^th June, 2021

[82] Gender Talk, Female IDPs continue to suffer starvation and sexual abuse in Nigerian camps – African Women in the Media.(September 2016) <from https://afrcian womeninmedia.com/female-idps-continue-to-suffer-starvation-and-sexual-abuse-in-nigerian-camps/> accessed on 7^th June, 2021

[83] Ibid

[84]K. Walter, Guiding Principle on Internal Displacement: Annotations, 2^nd ed, Studies in Transnational Legal Policy 38 (Washington D.C: American Society of International Law and Brooking institution, 2008) www.brookings.edu/reports/2008/spring_guiding_principles. accessed on 5th June 2021

[85] Constitution of the Federal Republic of Nigeria 1999 (as amended) S. 33 and 43

[86] Brookings-Bern, Project on Internal Displacement, When Internal Displacement Ends – A Framework for Durable Solutions, Georgetown University, Washington, DC   (2007)

[87]UNHCR, Statistical Yearbook 2006, Geneva: UNHCR

[88] C. Unini, Protesting IDPs block Benue-Nassarawa highway over Herdsmen killings. The NigeriaLawyer (27^th April 27, 2021) <https//thenigerialawyer.com> accessed on 4^th June 2021

[89] K Walter, Report of the Representative of the Secretary-General on the human rights of internally displaced persons, Mission to Bosnia and Herzegovina, E/CN.4/2006/71/Add.4, 2005 (9-15^th June 2005) https://digitallibrary.un.org/record/564661?In=toen accessed on 4^th June 2021

[90]P.Duru, 190,000 Benue IDPs ’II vote-INEC 2019 Vanguard News (16^th January 2019) <https://vanguardngr.com/2019/01/190000-benue-idps-II-vote-inec/

[91]M. Maconachie, T. Angless, M. Van Zyl. Battered women who have taken refuge at the Rape Crisis Shelter in Cape Town; Human Sciences Research Council, (1993) pp.5-18

[92]Human Right Watch, Nigeria: Officials Abusing Displaced Women (Report) (31^st October 2016) https://www.hrw.org/news/2016/10/31/nigeria-officials-abusing-displaced-women-girls accessed on 3rd June 2021

[93]T.A Oduwole, A.O Fadeyi, Issues of Refugees and Displaced Persons in Nigeria, (2013) Journal of Sociological Research, (4)(1) 1

[94]Reliefweb. Northeast Nigeria: Displacement Report33(August 2020)–Nigeria https://reliefweb.int/report/nigeria/northeast-nigeria-displacement-report-33-august-2020 accessed on 2nd June 2021

[95]JIPS, The ripple effect: economic impacts of internal displacement (IDMC 2018) – JIPS – Joint IDP Profiling Service.https://www.jips.org/jips-publication/ripple-effect-economic-impacts-internal-displacement-idmc-2018/ accessed on 8^th June 2021

[96]B. Bassey, Agency arrests 5 IDPs over alleged theft, vandalism in Borno, Pulse New (3^rd August 2016) https://www.pulse.ng/news/local/nscdc-agency-arrests-5-idps-over-alleged-theft-vandalism-in-borno/mlkc4mc accessed on 8th June 2021

[97]Resource Centre, Global Report on Internal Displacement (2020) https://resourcecentre.savethechildren.net/library/global-report-internal-displacement-2020 accessed on 6th June 2020

[98] DTM, Sudan –Emergency event tracking report as Salam, South Darfur 001 |Displacement (Report) (10^th May 2021) https://displacement.iom.int/reports/sudan-%E2%80%93-emergency-event-tracking-report-salam-south-darfur-001?close=true accessed on 4^th June 2021

[99]IDMC, Sudan Internal displacement monitoring centre for internal displacements country information data (Report) (31^st December 2020) https://www.internal-displacement.org/countries/sudan accessed on 4th June 2021

[100]EE. Enwereji, Assessing interventions available to internally displaced persons in Abia State, Nigeria (2009)  Libyan J Med https://www.ncbi.nm.nlm.nih.gov/pmc/articles/PMC3066705 accessed on 6th June 2021

[101]B.Vann, The Reproductive Health for Refugees Consortium; Emerging issues in programs serving displaced populations; (New York 2002)  pp.5-26

[102]B.A Bukar, Nigeria needs to take responsibility for its IDPs/ forced migration review (2011) https://www.fmreview.org/young-and-out-of-place/bukar accessed on 9th June 2021