A CRITICAL ASSESSMENT OF INTERNAL DISPLACEMENT AND HUMAN RIGHTS PROTECTION OF DISPLACED PERSONS IN NIGERIA

CHAPTER ONE

INTRODUCTION

1.1 Background of the study

In each war scenario, especially those rooted in ethnic or religious factors, there exists a substantial magnitude of humanitarian requirements. However, the available resources to address these needs inside the conflict zone are significantly constrained.  Internally displaced civilian populations undergo internal migration inside their own nation, motivated by the pursuit of safety and protection. According to Fatima, Kyari, and Mohammed (2017), the act of forcibly relocating populations, leading to large-scale exoduses, inherently violates international human rights and humanitarian law.  The concept of internal displacement pertains to circumstances when people and collectives are coerced or obligated to depart from their residences and continue to stay outside of their houses, while yet remaining within the territorial boundaries of their respective nations.  The latter characteristic distinguishes them from refugees, who are likewise forcibly displaced but beyond internationally recognised state boundaries. Internal displacement is a phenomenon that often arises in response to armed conflict, oppression, instances of mass violence, as well as natural and human-induced calamities, among other factors. The magnitude of internal displacement and the inherent challenges and characteristics of the response have assumed more significance in modern times (Itumo & Nwefuru, 2016). The impact of internal displacement on internally displaced persons (IDPs), as well as on the local authorities and communities that provide them with shelter, may be profoundly significant. The act of displacement can frequently infringe upon the human rights of individuals impacted by it. Moreover, the subsequent consequences, such as the loss of homes, lands, livelihoods, personal documentation, family members, and social networks, can significantly impede the ability of internally displaced persons (IDPs) to exercise and enjoy a comprehensive array of fundamental rights.The user's text is already academic in nature. One of the most evident consequences is that internally displaced persons (IDPs) quickly develop a dependence on external sources for fundamental necessities, including housing, sustenance, and access to clean water. Simultaneously, the vulnerability of displaced individuals might be heightened due to obstacles they face in obtaining healthcare, education, work, engaging in economic activities, and participating in political politics within their displaced regions (Akujobi & Awhefeada, 2021). Furthermore, as the duration of relocation persists, there is an increased likelihood of the deterioration of conventional family and social systems, resulting in internally displaced persons (IDPs) relying on external assistance and being susceptible to economic and sexual exploitation. The aforementioned reliance subsequently diminishes the likelihood of long-lasting resolutions and sustained reintegration into society after the alteration of political and security circumstances that facilitate the implementation of such resolutions.Considering the adverse impact of internal displacement on individuals affected, the United Nations has played a crucial role in promoting domestic measures to address this issue. This has been achieved through the provision of humanitarian aid by its specialised agencies, as well as the identification of the legal principles within international law that regulate the responses of all nations to displacement (Akujobi & Awhefeada, 2021). The aforementioned principles are in accordance with international human rights legislation and international humanitarian law. They also articulate in more specific terms the protections relevant to displaced individuals, which are implied in the broader provisions of both legal frameworks. During instances of internal conflicts, individuals who have been displaced are faced with a diverse array of physical and psychological distress to their well-being, in addition to the loss of their residences and other significant personal assets. The perpetration of abduction, sexual slavery, forced recruitment, and other severe transgressions against human rights has had a profound impact on several women, children, and their respective families (Akujobi & Awhefeada, 2021). Predictably, the atrocities committed by Boko Haram have resulted in a significant number of crimes against internally displaced persons (IDPs).  The act of relocating these victims to secure places, namely IDP camps, is insufficient in restoring them to their original state. In Nigeria, due to a combination of several variables The issue of paying victims for the loss of their houses and other physical goods has not received the necessary attention it needs. The major focus of the government has been consistently swamped by the urgency to give immediate relief (Ezeanokwasa, Kalu & Okaphor, 2018). Furthermore, the rapid exodus from the northern region has already had an impact on the financial viability of commercial enterprises in that area. For instance, some financial institutions and industrial enterprises have opted to cease operations at their company establishments as a result of prevailing security concerns. The commercial activity in the region have been utterly annihilated.  The potential ramifications of this scenario may be envisioned.  The significant migration of individuals from the northern area has resulted in both an economic decline in the north and the emergence of poverty among those who are leaving, leading to financial and psychological burdens. According to Ezeanokwasa, Kalu, and Okaphor (2018), the Boko Haram insurgency in Nigeria has resulted in significant socio-political and economic ramifications.  However, it has also brought to light the shortcomings of the Nigerian government.  The Islamic extremist group operating in Northern Nigeria has engaged in acts of suicide bombing, kidnapping, and various other atrocities with the aim of imposing radical Islamic ideologies on the country. This group has resulted in a death toll exceeding 4,000 individuals, displaced nearly two million people, and caused significant destruction to hundreds of schools, government buildings, and the already struggling economy of the North East region, which is one of Nigeria's most impoverished areas. Therefore, the researcher sought to  assess  Internal Displacement and human Rights Protection of Displaced Persons in Nigeria.

1.2 Statement of the problem

In contemporary times, there has been a notable escalation in the prevalence of Internally Displaced Persons (IDPs) in Nigeria, mostly attributed to the escalating insurgencies inside the country. These insurgencies have been instigated by the lethal operations of Boko Haram and the militant Fulani Herdsmen. According to Oghuvbu and Okolie (2020), a significant number of internally displaced persons (IDPs) were recorded as a result of the displacement caused by Boko Haram in 2013. Specifically, it was reported that over 300,000 individuals fled from the states of Adamawa, Yobe, and Borno. In 2013, an additional 470,500 individuals experienced homelessness inside some areas due to the Boko Haram conflict and many other humanitarian catastrophes. Nevertheless, the available figures indicate that Nigeria has the highest number of internally displaced people in Africa, estimated at 3.3 million individuals in 2014. Regrettably, individuals belonging to this group are afforded few or nonexistent legal safeguards. In 2003, the Nigerian Federal Government established a committee with the purpose of formulating a National Policy on Internally Displaced Persons (IDPs). This policy aimed to facilitate the registration and provision of identity cards to IDPs, as well as to address the prevention and mitigation of internal displacement. Additionally, the policy sought to allocate specific responsibilities to governmental agencies, organs, non-governmental organisations, and civil society organisations. The committee's efforts reached its apex with the formulation and submission of a National Policy on Internally Displaced Persons to the government in 2011; however, formal adoption of the policy has not yet taken place. The draught Policy draws its foundation from the Guiding Principles on Internal Displacement and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, also known as the 'Kampala Convention' of 2009 (Olanrewaju, Omotoso, & Alabi, 2018). Displaced individuals endure many human rights breaches in the absence of a robust legal and institutional framework to safeguard their rights. The current institutional stakeholders face challenges in effectively managing the situation, primarily in the short-term. These challenges are exacerbated by policy deficiencies and the absence of a comprehensive framework to adequately address the needs of internally displaced persons (IDPs) in both the medium and long term (Ekpa & Dahlan, 2016). Hence, it is crucial to deliberately formulate a comprehensive legislative framework that would effectively tackle the obstacles faced by Internally Displaced Persons in Nigeria, alongside implementing additional security measures to guarantee their well-being (Akujobi & Awhefeada, 2021). Currently, the issue of ensuring the security of internally displaced individuals demands significant attention. Hence, the need to look into internal displacement and human rights protection of displaced persons in Nigeria.

1.3 Objective of the study

The broad objective of the study is to investigate internal displacement and human rights protection of displaced persons in Nigeria. The specific objectives is as follows:

i.          Examine the causes of internal displacement in Nigeria.

ii.        Determine the effects of internal displacement on the human rights of displaced persons in Nigeria.

iii.      Assess the challenges in the implementation of the human rights protection of displaced persons in Nigeria.

1.4 Research questions

The following questions have been prepared for the study:

i.          What are the causes of internal displacement in Nigeria?

ii.        What are the effects of internal displacement on the human rights of displaced persons in Nigeria?

iii.      What are the challenges in the implementation of the human rights protection of displaced persons in Nigeria?

1.5  Significance of the study

The findings of study is significant to the Nigeria government as they will be exposed to the challenges of human right abuse among internally displaced persons, policy makers in the country will be encouraged to make laws that will protect the human rights of internally displaced persons.

The study will be significant to the academic community as it will contribute to the existing literature.

1.6 Scope of the study

The study will focus on internal displacement and human rights protection of displaced persons in Nigeria. Hence, the study will examine the causes of internal displacement in Nigeria, determine the effects of internal displacement on the human rights of displaced persons in Nigeria and assess the challenges in the implementation of the human rights protection of displaced persons in Nigeria. Hence, the study is delimited to IDP camps in Kaduna State.

1.7 Limitations of the study

Like in every human endeavour, the researchers encountered slight constraints while carrying out the study. Insufficient funds tend to impede the efficiency of the researcher in sourcing for the relevant materials, literature, or information and in the process of data collection (internet, questionnaire, and interview), which is why the researcher resorted to a moderate choice of sample size. More so, the researcher will simultaneously engage in this study with other academic work. As a result, the amount of time spent on research will be reduced.

1.8 Definition of terms

Internal displacement:  the forced movement of people within the country they live in.

Human right protection: the basic rights and freedoms to which all humans are considered entitled: the right to life, liberty, freedom of thought and expression.