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]^[1].
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]^[2].
3. The national policy should be given legal status to enable
   either government or delegated actors to enforce its
   provisions[102]^[3].
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,^[4] 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^[5]
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/^[6]
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^[7]
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^[8]
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^[9]
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^[10] 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^[11] 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^[12] 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^[13] 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^[14]> 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/^[15]> 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^[16] 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^[17] 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/^[18] 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^[19]> 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^[20] 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/^[21] 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^[22] 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^[23] 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^[24] 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^[25] 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.^[26] 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//nairalaw.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^[27] 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^[28] 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^[29] 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/^[30] 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^[31] accessed on 8th June
2021

[97]Resource Centre, Global Report on
Internal Displacement (2020) https://resourcecentre.savethechildren.net/library/global-report-internal-displacement-2020^[32] 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^[33] 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^[34] accessed on 4th June
2021

[100]^[35]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^[36] accessed on 6th June
2021

[101]^[37]B.Vann, The Reproductive
Health for Refugees Consortium; Emerging issues in programs serving
displaced populations; (New York 2002)  pp.5-26

[102]^[38]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^[39] accessed on 9th June
2021

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]^[1].
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]^[2].
3. The national policy should be given legal status to enable
   either government or delegated actors to enforce its
   provisions[102]^[3].
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,^[4] 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^[5]
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/^[6]
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^[7]
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^[8]
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
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[53] National Policy on Internally Displaced
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[54] A. Jimoh, UN urges Nigeria to pass IDP
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[55] R. Adeola, Nigeria’s constitution holds
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[56]Relief web, Nigeria’s Displacement Dilemma
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[57]M.F Fafita, A. Isaac, International
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[58] GP20, Fact Sheet on Internal Displacement,
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[59] Resource Centre, Global Report on Internal
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[60] National Policy on Internally Displaced
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Chapter 5 Policy implementation framework and strategies and
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[61] Additional Protocols I to the Geneva
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Geneva Convention III 1949 Art 3; Geneva Conventions 1949 IV Art 44
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IHL rules prohibiting direct attack on civilians and civilians
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[62] Refugees International, Displaced:
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[63]J. Kellenberger Root causes and prevention
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[64]Brookings-Bern, Project on Internal
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[65]E.T Owoaje, A review of the health problems
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[66] Z. K Murad, A.N Sarkees, S. S Miho,
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[67] Ibid

[68] B. Roberts, K.F Ocaka, J. Brown, etal
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[69] D. Madoro, H.Kerebih, K.Yohannes,
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[70] IDMC. Report on International displacement
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[71]G.Okojie, Nigeria: Fashola Demolishes 2,000
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[72] B. Mohammed, We demolished 124,000 Houses
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[73]O.Eunice, Video: Osinbajo. Akeredolu share
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[74] S. Ekpa, NHM Dahlan, Legal Issues and
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[75]J.Erunke, UK-based NGO donates relief
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[76]M.T Ladan, Overview of International and
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[77] Ochiaka Ugwu, Rising Nigeria IDPs: what
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[78]Huriwa: Neglect Suffered by IDPs, Worst
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[79] B.G Toby, C. Ajie, M.E Nwanyanwu, legal
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[80]Human Rights Watch, Nigeria: Disturbing
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[81]A. Haruna, Special Report  How Boko
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[82] Gender Talk, Female IDPs continue to
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[83] Ibid

[84]K. Walter, Guiding Principle on Internal
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[85] Constitution of the Federal Republic of
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[86] Brookings-Bern, Project on Internal
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Durable Solutions, Georgetown University, Washington,
DC   (2007)

[87]UNHCR, Statistical Yearbook 2006, Geneva:
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[88] C. Unini, Protesting IDPs block
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[89] K Walter, Report of the Representative of
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[90]P.Duru, 190,000 Benue IDPs ’II vote-INEC
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[91]M. Maconachie, T. Angless, M. Van Zyl.
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[92]Human Right Watch, Nigeria: Officials
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[93]T.A Oduwole, A.O Fadeyi, Issues of Refugees
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[94]Reliefweb. Northeast Nigeria: Displacement
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[95]JIPS, The ripple effect: economic impacts
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[96]B. Bassey, Agency arrests 5 IDPs over
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[97]Resource Centre, Global Report on Internal
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[98] DTM, Sudan –Emergency event tracking
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[99]IDMC, Sudan Internal displacement
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[101]^[37]B.Vann, The Reproductive
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[102]^[38]B.A Bukar, Nigeria needs
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