ABSTRACT

Since the beginning of the existence of the human race, people have had to move from one place to another for diverse reasons. The movement and displacement of persons is a phenomenon that uproots people from their social, economic, cultural, and educational environment and turns them into wanderers within their country.  Nigeria, a country with a population of over 200 million, has one of the highest numbers of internally displaced persons (IDPs) globally.  As of December 2022, there were approximately 4.5 million IDPs in the country. The work adopted the doctrinal method of legal research by examining source materials—primary and secondary. The work found that there is in existence in Nigeria a legal framework for internally displaced persons, which provides for their rights and obligations. These rights have not been enjoyed by these categories of people due to failure on the part of the governmental agency saddled with this responsibility. Similarly, the protection and proactive response of government agencies responsible for internal displacements are often non-existent or belated. The work recommended that the National Emergency Management Agency (NEMA) should be repositioned to be more effective. In terms of protection and enhancement of the rights of this category of persons, the National Human Rights Commission (NHRC) should ensure that the same are enforced and defended especially in conflict situations.

Keywords: Internally Displaced Persons, Causes of Displacement, Challenges, Rights and Obligations, Nigeria.

1.0. INTRODUCTION

Internally displaced persons (IDPs) are individuals who have been forced to leave their homes or habitual residences due to armed conflict, violence, human rights abuses, or natural and man-made disasters. Unlike refugees, who cross international borders and receive protection under international law, IDPs remain within their country of origin and do not have the same legal protections. This situation presents significant challenges for IDPs, including displacement, human rights violations, and limited access to essential services such as food, water, and healthcare. From climate change-induced disasters to protracted conflict and violence, Nigeria has been facing multiple crises that have caused a significant increase in the number of IDPs. The issue of internal displacement is a pressing concern globally, with millions of people being forced to flee their homes due to conflict, violence, and natural disasters.

2.0. DEFINITION

2.1. INTERNALLY DISPLACED PERSONS (IDPs)

An internally displaced person (IDP) is a person who is forced to flee his or her home, but still remains within the borders of his or her country. The UN Guiding Principles on Internally Displacement defines Internally Displaced Persons thus:

persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized border.

The above definition recognized that people can be displaced not only by sudden or expected conflicts but also by situations of generalize violations of human rights like was the case in Burma, Ethiopia and Iraq, where the displacement of populations was not a spontaneous event but an organized state policy implemented over years or even decades.

The following categories of persons qualify as IDPs:

1. Internally displaced citizens of the country concerned.
2. Former refugees who have returned to their country of origin but are unable to return to their former homes or find another durable solution through social and economic integration in another part of the country.
3. Displaced stateless persons who have their habitual residence in the country concerned.
4. Displaced nationals of another country who have lived there for a long time (maybe even generations) and have largely lost contact with their country of nationality.
5. Displaced nationals of another country who have their habitual residence in the country concerned because they been admitted permanently or for prolonged periods of time.

2.2. KEYS DIFFERENCES BETWEEN INTERNALLY DISPLACED PERSONS AND REFUGEES.

3.0. LEGAL FRAMEWORK IN NIGERIA FOR INTERNALLY DISPLACED PERSONS IN NIGERIA

3.1. THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA.

The Constitution of the Federal Republic of Nigeria though being the primary legislation in the country, does not expressly make any specific references to the term "IDPs”. However, due to the status of IDPs as citizens who reside within their own state's boundaries, they are also entitled to certain constitutionally given rights. In accordance with the fundamental duty of government that, citizens, including IDPs, are to be protected and assisted in the enjoyment of their unalienable rights, it is the responsibility of the Nigerian government as a whole to ensure that these rights are respected to the effect that:

It shall be the duty and responsibility of all organs of government, and of all authorities and persons exercising legislative, executive and judicial powers to conform to, observe and apply the provisions of this Chapter of this Constitution.

The provisions of the Constitution make all the guarantees, responsibilities, and obligations it establishes binding on all Nigerian authorities and individuals.

The Federal Executive has the authority to execute and maintain this Constitution under section 5(1)(b) of the 1999 constitution (as amended), which includes ensuring the protection of IDPs' human rights, notably those outlined in Chapter IV39 . This requirement led to the creation and Presidency adoption of the National Policy on Internally Displaced Persons (IDPs) in Nigeria in 2012.

3.2 The only national authority saddled with the protection of the internally displaced, usually referred to as internally displaced persons (IDPs) is the National Emergency Management Agency (NEMA). It is responsible for providing direct material assistance to displaced persons in Nigeria. It offers material assistance to repatriated Nigerians and IDPs no matter the cause of displacement. The agency came into existence through the promulgation of the National Emergency Relief Act of 1999 which has today been transformed into National Emergency Management Agency (Establishment, etc.) Act 2004. The Agency was established under Section 1 of both the old and new Acts, but under the old Act, to perform the function of organizing, providing and coordinating emergency relief to victims of national disasters throughout the Federation and matters incidental thereto. The functions of the Agency as outlined in section 6(1) of the new Act are as follows:

1. To formulate policy on all activities relating to disaster management in Nigeria and co-ordinate the plans and programmes for efficient and effective response to disasters at national level;
2. Co-ordinate and promote research activities relating to disaster management at the national level;
3. Monitor the state of preparedness of all organizations or agencies which may contribute to disaster management in Nigeria;
4. Collate data from relevant agencies so as to enhance forecasting, planning and fields operation of disaster management;
5. Educate and inform the public on disaster prevention and control measures;
6. Co-ordinate and facilitate the provision of necessary resources for search and rescue and other types of disaster curtailment activities in response to distress call;
7. Co-ordinate the activities of all voluntary organizations engaged in emergency relief operations in any part of the Federation;

Though the mandate of NEMA is clear cut, its impact in attending to internal displacements in Nigeria is far from adequate. There are cases of belated responses, insufficient responses or even not addressing the felt needs of the internally displaced persons.

3.3 NATIONAL POLICY ON INTERNALLY DISPLACED PERSONS IN NIGERIA.

This policy was developed by the Nigerian government in response to internal displacement issues and to adequately solve issues relating to the rights of IDPs in Nigeria. The Policy begins by restating the fundamental rights that all citizens have under the 1999 Constitution while simultaneously acknowledging the unique vulnerability of women and children and providing them with extra protections. It went further to include the criteria for national and international humanitarian agencies to deliver humanitarian assistance, it also includes protections against displacement.

4.0. INSTITUTIONAL FRAMEWORK

4.1. NATIONAL COMMISSION FOR REFUGEES, MIGRANTS AND

INTERNALLY DISPLACED PERSONS

The National Commission for Refugees, Migrants and Internally Displaced Persons was established by Decree 52 of 1989 now Cap. N21, LFN, 2004.  The Commission’s mandate was expanded by the Federal Government to cover issues relating to IDPs and the coordination of Migration and Development in 2002 and 2009 respectively. The Commission is mandated to coordinate the national action for the protection and assistance of Refugees, Asylum Seekers, Returnees, Stateless Persons and IDPs. Given the similarities in the humanitarian challenges faced by both refugees and IDPs, it is appropriate to argue that this commission is the only known institution in respect of IDPs related matters as far as Nigeria is concerned.

4.2. NATIONAL EMERGENCY MANAGEMENT AGENCY

The National Emergency Management Agency (NEMA) is the agency responsible for coordinating disaster management and emergency response in Nigeria. It was established by Decree No. 12 of 1999, which was later re-enacted as the NEMA Act of 2011. Its main goal is to reduce the impact of disasters and ensure the safety and well being of citizens during times of emergencies. With the increase of such emergencies and disasters in the nation, the mandate of NEMA has been tested and in most cases, it has not responded in a satisfactory manner. One would expect NEMA to be proactive especially in recurrent cases of natural disasters like flood with forecasts made by the Nigerian Meteorological Agency (NiMet).

4.3. NATIONAL HUMAN RIGHTS COMMISSION (NHRC)

The NHRC is an independent government agency established to promote and protect human rights in the country. It was created in 1995 under the National Human Rights Commission Act. The commissioner’s mission is to ensure that citizens’ fundamental rights, as enshrined in Nigeria’s Constitution and international human rights law are respected and protected. Such an important organization like the NHRC is meant to have improved human rights protection in Nigeria. However, human right abuses are done with impunity. The cases handled by the NHRC are either not published or when published, the government does not take any actions on the findings and recommendations made. It is also safe to state that displacement caused by conflicts are hardly handled by the NHRC maybe because of the volatile nature of such conflicts or because security agencies are involved. The mandate of the NHRC needs to be increased to cover pro bono services to victims of conflicts with or without the intervention of security agencies. This will aid in justice delivery.

5.0. INTERNAL DISPLACEMENT IN NIGERIA

Internal displacements in Nigeria have over the years been as a result of civil war, insurgency and counterinsurgency, communal clashes, religious violence, political violence, natural disasters and conflict over resources. Majority of 36 States in Nigeria are prone to experiencing natural disasters, especially flooding. Communal violence is a prominent cause of internal displacement. It is often accompanied by violent clashes between communities and several violations of human rights. Before the onset of insurgency, communal violence was the regular and constant cause of displacement across Nigeria. The causes of communal violence in Nigeria have historical roots. This has been reflected by the rise in communal violence, which simplified, can be summarised into five categories: ethnic rivalry, religious violence, land conflicts, conflicts related to the demarcation of administrative boundaries and political elections. Noteworthy is the Boko Haram insurgency which has translated into a major security threat to the Nigerian state.

The most significant driver of internal displacement in Nigeria is the ongoing insurgency by the extremist terror group Boko Haram, which started in the year 2009. The dreaded Boko Haram group, whose main aim has been to establish an islamic state (a move that has been violently opposed by the Nigerian government in defence of the sovereignty of Nigeria), has waged terror and armed rebellion primarily in Nigeria’s northeastern region, notably in the states of Borno, Yobe and Adamawa states. For over a decade of its continuous attacks, the group has used terror tactics, including bombings, kidnappings, and attacks on civillians, military, and government targets. Since the beginning of Nigeria’s conflict with the Islamist armed group Boko Haram in 2009, thousands of lives have been lost, and more than two million people have been displaced in the country’s northeast. Many internally displaced persons (IDPs) have sought refuge in camps set up and run by state governments across the northeast region. Government authorities in collaboration with humanitarian organizations have provided food, water, sanitation facilities, health care, and education to those displaced, often for years. The IDPs have spread across the six northeastern states and beyond, with strong concentrations in Borno, Yobe and Adamawa, as well as in neighboring Taraba state, Gombe state and Bauchi state. Most IDPs have headed to nearby cities from territories controlled by terrorist groups, which has emptied the rural Northeast of residents. Maiduguri, which was attacked but never taken by Boko Haram, has become the country’s main city of refuge with an estimated 800,000 IDPs. The most affected groups have been women, children, and young people, who together account for nearly 80% of the displaced population.

Another source of displacement in Nigeria is the conflict between farmers and herders. The violence between farmers and armed pastoralists, otherwise known as herdsmen, is another major cause of IDPs today in Nigeria. With their cows and other livestock they invade people’s farms and kill and sack the people from their villages at any least resistance to the ravage of their farms. Conflicts between herdsmen and their host communities have resulted to many people being displaced from their homes while the herdsmen take over their homes and farms. This again has ethno-religious character because the herdsmen are generally Hausa-Fulani and so Muslims. Thomson Reuters Foundation reported in February 2017 of 27,000 people in Kaduna having been forced to flee their homes due to violence between Muslim herdsmen and largely Christian farmers in Southern Kaduna; which killed at least 800 people. Thousands of Agatu people in Benue State have also been displaced by the same Fulani herdsmen in 2016 and 2017. No fewer than 60,000 lives have been lost as a result of farmers/herders clashes in the country. Between 2017 and 2020, suspected Fulani attackers were reported to have carried out 654 attacks and killed 2539 Nigerians. Serial targeted mass killings have also continued in the North Central states, especially Benue and Plateau states, including the 2021 attack on Bassa Local Government Area that left 17 dead and the 2022 attack in Puka and Dinter LGA, which led to the death of 7 persons. The most recent reported massacre occurred on the eve of Christmas 2023, about 50 villages in Bokkos, Mangu and Barkin Ladi Local Government Areas of Plateau State were visited with a crushing bloodbath by terrorist gunmen whom many think are Fulani militia. This attack lasted for three days, and the count of human losses is estimated to be about 200. Houses numbering over 221, farmlands and several vehicles were also set ablaze. At least 10,000 displaced persons from the several affected communities are in Internally Displaced Persons (IDP) camps.

The challenges faced by IDPs are multifaceted and complex. Displaced persons suffer significantly higher rates of mortality than the general population. They also remain at high risk of physical attack, forced recruitment into armed groups, sexual assault and abduction, and frequently are deprived of adequate shelter, food and health services. IDPs are vulnerable to poverty, social exclusion, and discrimination, which can hinder their ability to recover and lead productive lives. The overwhelming majority of internally displaced persons are women and children who are especially at risk of abuse of their basic rights. More often than refugees, the internally displaced tend to remain close to or become trapped in zones of conflict, caught in the cross-fire and at risk of being used as pawns, targets or human shields by the belligerents. According to reports, the number of people in need of urgent assistance in North-East Nigeria rose from 7.9 million at the beginning of 2020 to 10.6 million since the onset of COVID-19. Since then, the protection environment for internally displaced people, returnees and host community members in North-East Nigeria has been further seriously challenged in a high-risk context for the spread of the disease in the camps and communities. Even before the pandemic, protection incidents particularly gender-based violence as well as sexual exploitation and abuse had remained a major protection concern, despite sustained efforts in terms of prevention and response.

6.0 RIGHTS AND OBLIGATIONS OF INTERNALLY DISPLACED PERSONS.

6.1 RIGHTS OF INTERNALLY DISPLACED PERSONS

1. All rights contained in the Constitution of Nigeria, statutes and domesticated sub-regional, regional and international human rights and humanitarian treaties, which all citizens of Nigeria are entitled to, shall be applicable to all internally displaced persons in Nigeria.
2. All IDPs have the right to enjoy in full equality, the same rights and freedoms under both international and domestic laws as do all other citizens and persons
   in Nigeria. However, non-citizens may not be eligible to vote and be voted for in local elections unless the law expressly entitles them to.
3. IDPs shall have:

1. The right to seek safety in another part of the country and be received without  discrimination of any kind;

ii.   The right to leave their country;

iii. The right to seek asylum in another country; and

iv. The right to be protected against forcible return to or relocation in any place where their life, safety, liberty and/ or health would be at risk.

d.   IDPs have a right to request and receive protection and assistance from the state and local authorities and shall not be punished or persecuted for making such a request.

e.  Vulnerable IDPs shall have a right to receive protection and assistance required

by their condition or special needs. Such vulnerable IDPs shall include children

(including separated, unaccompanied and orphaned children),women(including

nursing mothers, expectant mothers and female heads of households), persons

with disabilities, and the elderly.

1. The right to liberty and security of every person is guaranteed. No one shall be arbitrarily arrested or detained. IDPs shall not be interned in camps. If confinement is necessary, it shall not last longer than absolutely necessary and warranted by exigencies. Such confinement must cease immediately the necessity or exigency ends. IDPs shall not be taken hostage.
2. Displaced children shall not be recruited as child soldiers or permitted to take part in hostilities. Cruel, inhuman, and degrading practices that compel compliance with recruitment shall be prohibited always.
3. Every human being including IDPs has the right to recognition as a person before the law. Therefore, the relevant authorities (including the Nigeria Immigration Services, the National Identity Management Commission, Independent National Electoral Commission, Nigeria Police Force, Federal Road Safety Commission, Local Government Authorities, and any other institution) shall ensure that all IDPs are issued all documents necessary for the enjoyment of their legal rights. This shall include the issuance of passports or other travel documents, national or personal identification documents, drivers' licenses, voters' cards, birth certificates, marriage certificates, and other related documents.
4. The right to seek employment or participate in economic activities.
5. The right to vote and be voted for in their places of displacement, relocation or return and participate in government or civic affairs; and the right to communicate in a language they understand. IDPs shall also have the right to associate freely with other persons.

       It is noted that these rights are not protected by the government during displacement. There are even some reports of abuses by state actors at IDP camps. It is therefore apposite to state that the rights enshrined in our statutes are not enjoyed by internally displaced persons and they cannot enforce same given their incapacitation.

6.2 OBLIGATIONS OF INTERNALLY DISPLACED PERSONS

Like all citizens, IDPs have an obligation to be law-abiding citizens. IDPs shall take responsibility for the commission of individual and group crimes during the events leading to displacement and thereafter. Specifically, IDPs shall be responsible for the following:

1. Individual criminal responsibility under national and international law;
2. Individual criminal responsibility for genocide, war crimes and crimes against humanity;
3. Individual and group crimes of a very serious nature as defined under national and state laws;
4. Respect the culture and norms of host communities;
5. Abide by rules and regulations in collective settlements.

       In reality, we find it difficult to believe that internally displaced persons can fulfill any statutory obligations or legally imposed duties on them given their peculiar disadvantaged position. It seems that there duties are temporarily abated until such a time that they can carry out such duties.

7.0 OBLIGATIONS AND RESPONSIBILITIES OF GOVERNMENT

In the event of displacement of minor magnitude, the State Governments will take primary responsibility; while and in the event of major displacement, the Federal Government will activate all response measures in collaboration with the State Governments. International human rights law imposes on government three major obligations with regards to ensuring the realization of the rights of internally displaced persons:

1. The obligation to respect the human rights of internally displaced persons, i.e. to  refrain from actively violating them;
2. The obligation to protect such rights, i.e. to intervene and take protective action on behalf of the victims of internal displacement against threats by others or stemming from their displaced situation;
3. The obligation to fulfil these rights, i.e. to provide goods and services necessary to allow internally displaced persons to fully enjoy their rights; and to discharge these obligations without discrimination.

It is observed that the protections required for internally displaced persons are not enjoyed by them. Government and its agencies charged with this onerous task often fail in such responsibilities. This failure is not only colossal, it is existential in nature. For instance, displacements due to conflicts with land-grabbing undertones and motives have generational impact if not properly addressed and redressed by the government.

8.0 CONCLUSION

Internal displacement in Nigeria is driven by a combination of insurgency, ethnic conflicts, environmental factors, political instability, and criminal activity. While the government and international organizations have responded with varying degrees of success, addressing the root causes of displacement remains a challenge. Comprehensive and sustained efforts involving security, conflict resolution, humanitarian aid, and governance reform are needed to mitigate displacement and support the millions of displaced Nigerians.