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51 J.L. Pol'y & Globalization 26 (2016)
Internal Displacement in Nigeria and the Case for Human Rights Protection of Displaced Persons

handle is hein.journals/jawpglob51 and id is 27 raw text is: Journal of Law, Policy and Globalization wwwite org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) liSlE Vol.51, 2016 Internal Displacement in Nigeria and the Case for Human Rights Protection of Displaced Persons Eni Alobol* Synda Obaji2 1. Senior Lecturer, former Head of Public & International Law, Faculty of Law, University of Calabar-Nigeria. Adjunct Lecturer, Faculty of Law, University of Port Harcourt. He holds a PhD in International Law 2.LL.B (Hons), B.L, LL.M (Kent), Lecturer, Faculty of Law, University of Calabar-Nigeria Abstract Millions all over the world are currently internally displaced as a result of various causes including forcible movements to inhospitable areas, civil wars in which villages have been destroyed, insurgency and ethnic persecution through government policies. Yet the plight of internally displaced persons is a problem that is not directly addressed by any international instrument or by domestic laws in the case of Nigeria, thereby contributing to the ad hoc nature of response strategy to such crises. The presence of internally displaced persons within national territory means that their own government bears primary responsibility for meeting their protection and assistance needs but in most cases, they are either unwilling or unable to guarantee the basic rights and minimum needs of their internally displaced persons. This paper evaluated internal displacement and IDPs from this perspective. It examined the challenges faced by IDPs in Nigeria, adequacy of mechanisms put in place to ensure the protection of IDPs in Nigeria and potential solutions to the problems faced by IDPs recognising existing deficiency in response strategy and protection hiatuses. Keywords: Internal Displacement, Protection, Human Rights 1 Introduction In any conflict situation, and particularly those with ethnic or religious underpinnings, the humanitarian needs are immense - and the means to satisfy those needs within the conflict area are severely limited. Internally displaced civilian populations move from one place to another, seeking safety and protection inside their own country. Forced population movements resulting in mass exoduses constitute by their very nature infringements of international human rights and humanitarian law. Internal displacement describes situations in which individuals and groups are compelled or obliged to leave and remain away from their homes, but remain within the borders of their own countries. The latter element differentiates them from refugees, who are also compulsorily evacuated but across internationally recognized state borders. Internal displacement occurs characteristically in reaction to armed conflict, oppression, situations of widespread violence, natural and human-made tragedies, etc. The scale of internal displacement and the inevitable problem and nature of the response have become far more momentous in contemporary times. The consequence of internal displacement on IDPs themselves, as well as on the local authorities and communities that host them, can be shocking. While the act of displacement itself often may violate the human rights of those affected, the subsequent loss of access to homes, lands, livelihoods, personal documentation, family members, and social networks can deleteriously affect the ability of IDPs to assert and relish an entire range of fundamental rights. 1 Most apparent, IDPs instantaneously become reliant on others for basic needs such as shelter, food and water. At the same time, their susceptibility may be amplified by barriers to accessing health care, education, employment, economic activities, and electoral politics in their areas of displacement. Moreover, the longer displacement continues, the greater is the risk that traditional family and social structures break down, leaving IDPs dependent on outside aid and vulnerable to economic and sexual exploitation. Such dependency, in turn, reduces the chances of durable solutions and sustainable reintegration into society once political and security conditions have changed to enable such solutions to take place. In view of the negative effect of internal displacement on victims, the UN has facilitated domestic responses to internal displacement through the humanitarian assistance provided by its specialized agencies, and more importantly through the identification of the rules of international law that govern all states' responses to displacement.2These principles reflect and are consistent with international human rights law and international humanitarian law and restate in greater feature guarantees germane to the displaced that are implicit in the more abstract prescriptions of these bodies of law.3 1 Erin Mooney, The Concept of Internal Displacement and the Case for Internally Displaced Persons as a Category of Concern, Refugee Survey Quarterly 24, no. 3 (2005): p. 9-26. 2 Guiding Principles on Internal Displacement, which were presented to the UN Commission on Human Rights in 1998. 3 These efforts have been strengthened since 2006 with the gradual implementation of a reform of the humanitarian system composed of three components: (1) creation of a Central Emergency Relief Fund (CERF); (2) improved support for UN resident and humanitarian coordinators; and (3) introduction of the cluster approach by designating clusters with an agency

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