The Constitution and Rights of Internally Displaced Persons (IDPs)

The Constitution and Rights of Internally Displaced Persons (IDPs) in Nigeria: A Comprehensive Analysis

Internally Displaced Persons (IDPs) represent one of the most vulnerable populations globally, and Nigeria, unfortunately, bears a significant burden of internal displacement. Millions of Nigerians have been forced to flee their homes due to a confluence of factors, primarily armed conflict (particularly the Boko Haram insurgency in the North-East), communal clashes, natural disasters like floods, and developmental projects. Unlike refugees who cross international borders and fall under the protection of international refugee law, IDPs remain within their own country, placing the primary responsibility for their protection and assistance squarely on the shoulders of their national government.

This blog post delves into the complex interplay between the Nigerian Constitution, relevant domestic laws, and international instruments in safeguarding the rights of IDPs, while also highlighting the persistent challenges and proposing durable solutions.

Understanding Internal Displacement in Nigeria: A Multifaceted Crisis

Internal displacement in Nigeria is not a monolithic issue; its causes are diverse and its impact far-reaching. The protracted insurgency in the North-East, primarily perpetrated by Boko Haram and other non-state armed groups, has resulted in the largest wave of displacement, leaving communities shattered and livelihoods destroyed. Beyond the North-East, ethno-religious conflicts, clashes between farmers and herders, and disputes over land in the Middle Belt and other regions have also contributed significantly to the IDP population. Furthermore, natural disasters, particularly annual flooding, displace thousands, compounding the humanitarian crisis.

The consequences of internal displacement are severe and multi-dimensional. IDPs often face:

• Loss of Livelihoods and Property: Forced to abandon their homes, farms, and businesses, IDPs lose their means of sustenance, plunging them into poverty and dependence.
• Lack of Access to Basic Services: Camps and host communities struggle to provide adequate shelter, food, clean water, sanitation, healthcare, and education. Overcrowding and poor living conditions are rampant.
• Protection Risks: IDPs, especially women and children, are highly vulnerable to various forms of exploitation, abuse, and violence, including sexual and gender-based violence (SGBV), forced recruitment by armed groups, and human trafficking.
• Psychological Trauma: The experience of displacement, loss, and insecurity often leads to significant psychological distress, anxiety, and depression.
• Social Exclusion and Discrimination: IDPs may face stigma and discrimination, hindering their ability to integrate into host communities or rebuild their lives.
• Limited Access to Justice: Displaced persons often face challenges in accessing legal recourse for human rights violations committed against them or for property restitution.

These challenges underscore the urgent need for robust legal frameworks and effective implementation mechanisms to protect and assist IDPs.

The Nigerian Constitution and its Relevance to IDP Rights

While the 1999 Constitution of the Federal Republic of Nigeria (as amended) does not explicitly mention “Internally Displaced Persons” as a distinct category, it serves as the foundational legal document for the protection of all citizens’ fundamental human rights, including those who are internally displaced. Chapter IV of the Constitution enshrines a range of fundamental rights that are directly applicable to IDPs. These include:

• Right to Life (Section 33): This fundamental right is paramount, especially for IDPs who face direct threats to their lives during displacement and in insecure environments.
• Right to Dignity of Human Person (Section 34): This ensures that no person shall be subjected to torture, inhuman or degrading treatment, or forced labor. IDPs are particularly susceptible to such violations.
• Right to Personal Liberty (Section 35): This protects against arbitrary arrest and detention, a risk many IDPs face, especially in conflict zones.
• Right to Fair Hearing (Section 36): Guarantees due process and access to justice, which are often denied to IDPs.
• Right to Private and Family Life (Section 37): This right is severely impacted when families are separated or homes are destroyed dueating to displacement.
• Right to Freedom of Thought, Conscience, and Religion (Section 38): Ensures the right to religious freedom, which can be threatened in displacement contexts.
• Right to Freedom of Expression and the Press (Section 39): Important for IDPs to voice their concerns and for information dissemination.
• Right to Peaceful Assembly and Association (Section 40): Allows IDPs to organize and advocate for their rights.
• Right to Freedom of Movement (Section 41): While displacement restricts movement, this right emphasizes the ability of IDPs to choose their place of residence and return voluntarily, safely, and with dignity.
• Right to Freedom from Discrimination (Section 42): Prohibits discrimination based on ethnic origin, place of origin, sex, religion, or political opinion. This is crucial for ensuring that IDPs are not marginalized or treated unfairly.
• Right to Acquire and Own Immovable Property (Section 43): This right is directly challenged by displacement, as IDPs often lose their land and homes. Reintegration efforts must address property restitution.

Beyond these fundamental rights, Chapter II of the Constitution outlines the “Fundamental Objectives and Directive Principles of State Policy.” While these provisions are not justiciable (meaning they cannot be directly enforced in court), they serve as a guiding framework for government action. Key principles relevant to IDPs include:

• Section 14(2)(b): States that the security and welfare of the people shall be the primary purpose of government. This places a clear obligation on the state to protect its citizens, including IDPs.
• Section 17: Addresses social objectives, including adequate provision for all citizens, and conditions of work ensuring health, safety, and welfare. This indirectly supports the provision of basic services to IDPs.
• Section 18: Focuses on educational objectives, stressing that government shall direct its policy towards ensuring equal and adequate educational opportunities. Access to education for IDP children is a critical concern.

While the Constitution provides a broad protective umbrella, its general nature means that specific legal frameworks are needed to address the unique vulnerabilities and needs of IDPs.

Domestic Legal and Policy Frameworks for IDPs

Recognizing the specific challenges faced by IDPs, Nigeria has developed some dedicated frameworks, though their implementation and statutory backing remain areas of concern:

• The National Policy on Internally Displaced Persons (2021): This is the most significant policy document specifically addressing IDPs in Nigeria. It provides a comprehensive framework for national responsibility towards the prevention of arbitrary displacement, meeting assistance and protection needs during displacement, and ensuring rehabilitation, return, or resettlement. Key aspects of the policy include:
  • Prevention of Displacement: Emphasizes addressing root causes of displacement, promoting conflict resolution, and responsible development projects.
  • Protection and Assistance during Displacement: Outlines the rights of IDPs to protection from violence, access to humanitarian assistance, and special guarantees for vulnerable groups like women, children, and persons with disabilities.
  • Durable Solutions: Focuses on voluntary, safe, and dignified return, local integration, or resettlement as long-term solutions, with emphasis on rebuilding livelihoods and social cohesion.
  • Institutional Coordination: Establishes an interagency and multi-sector approach to IDP response and management, delineating roles for government agencies (like the National Commission for Refugees, Migrants and Internally Displaced Persons – NCFRMI, and National Emergency Management Agency – NEMA), humanitarian actors, and host communities.
• National Commission for Refugees, Migrants and Internally Displaced Persons (NCFRMI) Act: The NCFRMI is the primary government agency mandated to coordinate national action for the protection and assistance of refugees, asylum seekers, returnees, stateless persons, and IDPs. Its functions include advising the federal government on policy matters, protecting and assisting IDPs, collaborating with other MDAs, ensuring compliance with international conventions, supporting state governments in maintaining IDP registers, and facilitating durable solutions.
• Child Rights Act (2003): This Act recognizes internally displaced children as a category “in need” of government protection and well-being. It underscores the special vulnerabilities of children in displacement and the need to safeguard their rights to survival, development, protection, and participation.
• Other Sector-Specific Laws: While not specifically for IDPs, laws related to health, education, and social welfare are applicable to ensuring IDPs’ access to these services.

The Gap in Legal Frameworks: Policy vs. Law

Despite the existence of the National Policy on IDPs, a critical challenge remains: Nigeria currently lacks a dedicated, comprehensive national law on internal displacement. The National Policy, while valuable, does not have the same legal force as an Act of Parliament. This means that its provisions are not always enforceable in court, and its implementation can be subject to the discretion of government officials and fluctuating political will. Several scholars and human rights advocates have consistently argued for the domestication of international instruments and the enactment of a national IDP law to provide a more robust and enforceable legal framework.

International and Regional Instruments: A Guiding Compass

Nigeria is a signatory to several international and regional instruments that reinforce the rights of IDPs and provide a normative framework for their protection:

• The United Nations Guiding Principles on Internal Displacement (1998): While not a binding treaty, these principles are widely recognized as the authoritative international framework for the protection and assistance of IDPs. They delineate the rights of IDPs and the obligations of states and other actors towards them, covering protection from displacement, protection during displacement, and durable solutions. The Nigerian National Policy on IDPs is explicitly based on these Guiding Principles.
• The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention, 2009): This is the world’s first legally binding regional instrument on internal displacement. Nigeria ratified the Kampala Convention, making it a crucial part of its international obligations. The Convention places the primary responsibility on states to prevent arbitrary displacement, protect and assist IDPs, and facilitate durable solutions. It addresses issues such as:
  • Prevention: Obligates states to refrain from, prohibit, and prevent arbitrary displacement.
  • Protection during Displacement: Ensures rights to life, dignity, liberty, access to humanitarian assistance, and protection from violence, particularly for women and children.
  • Durable Solutions: Promotes voluntary return, local integration, or resettlement in safety and dignity, with guarantees for property restitution and compensation.
  • Responsibilities of Non-State Actors: Holds non-state armed groups accountable for violations of international humanitarian law and human rights.
• International Human Rights Law (IHRL): Nigeria is a party to numerous international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the Convention on the Rights of the Child (CRC). The rights enshrined in these treaties apply to all persons within Nigeria’s jurisdiction, including IDPs, and complement the provisions of the Nigerian Constitution.
• International Humanitarian Law (IHL): In situations of armed conflict, IHL applies, providing protection to civilians, including IDPs, and regulating the conduct of hostilities. This includes principles of distinction, proportionality, and precautions in attack, which are crucial for preventing further displacement and protecting IDPs.

Challenges in Protecting IDP Rights in Nigeria

Despite the constitutional provisions, the National Policy, and international commitments, significant challenges hinder the effective protection of IDP rights in Nigeria:

• Lack of a Comprehensive National IDP Law: As highlighted earlier, the absence of a dedicated, legally binding national law weakens the enforceability of IDP rights and makes their protection largely dependent on policy directives.
• Inadequate Funding and Resources: The scale of internal displacement in Nigeria far outstrips the available resources for humanitarian assistance and long-term solutions. This leads to insufficient provision of basic services in IDP camps and host communities.
• Weak Institutional Capacity and Coordination: While agencies like NCFRMI and NEMA have mandates related to IDPs, their capacity, coordination, and operational reach are often stretched. There can be overlaps in mandates and a lack of seamless collaboration among various government ministries, departments, and agencies, as well as with humanitarian organizations.
• Corruption and Mismanagement of Aid: Reports of diversion of relief materials and corruption within the aid delivery system exacerbate the suffering of IDPs and undermine efforts to provide assistance.
• Persistent Insecurity: Ongoing conflicts and violence continue to drive new displacements and hinder efforts to achieve durable solutions, making return or resettlement unsafe.
• Limited Access to Data and Information: Accurate, disaggregated data on IDPs is crucial for effective planning and response, but reliable data collection and management remain a challenge.
• Vulnerability to Human Rights Violations: IDPs continue to face various human rights abuses, including arbitrary detention, extrajudicial killings, sexual and gender-based violence, and denial of freedom of movement.
• Challenges with Durable Solutions: Achieving durable solutions—voluntary, safe, and dignified return, local integration, or resettlement—is complex. Factors such as destroyed infrastructure, lack of livelihoods, lingering insecurity, and issues of land ownership hinder successful return. Local integration can strain host community resources, while resettlement requires careful planning and resources.
• Lack of Accountability for Violations: Impunity for perpetrators of violence and human rights abuses that lead to displacement further entrenches cycles of conflict and displacement.
• Climate Change and Environmental Degradation: The increasing frequency and intensity of natural disasters, driven by climate change, are becoming a more prominent cause of displacement, adding another layer of complexity to the crisis.

Towards Durable Solutions and Enhanced Protection

Addressing the multifaceted challenges faced by IDPs in Nigeria requires a comprehensive, multi-stakeholder approach that moves beyond emergency response to focus on durable solutions and root cause analysis. Key recommendations include:

• Enactment of a Comprehensive National IDP Law: This is paramount. A specific law, fully aligning with the Kampala Convention and UN Guiding Principles, would provide a strong legal basis for IDP rights, define government obligations, and establish clear accountability mechanisms.
• Strengthening Institutional Capacity and Coordination: Invest in strengthening the capacity of NCFRMI, NEMA, and other relevant agencies. This includes adequate funding, training, and improved inter-agency coordination, as well as stronger collaboration with state and local governments.
• Enhanced Funding and Transparent Resource Management: Increase domestic budgetary allocations for IDP assistance and protection. Implement robust accountability mechanisms to prevent corruption and ensure that aid reaches those who need it most.
• Prioritizing Security and Conflict Resolution: Sustained efforts to address the root causes of conflict, improve security in affected areas, and promote peace-building and reconciliation are crucial for preventing new displacements and facilitating returns.
• Investing in Durable Solutions: Develop and implement comprehensive strategies for voluntary, safe, and dignified return, local integration, and resettlement. This requires:
  • Rehabilitation and Reconstruction: Rebuilding damaged infrastructure, homes, schools, and health facilities in areas of return.
  • Livelihood Support: Providing vocational training, grants, and access to land and resources to enable IDPs to rebuild their livelihoods.
  • Property Restitution and Land Rights: Establishing clear mechanisms for resolving land disputes and ensuring property restitution or compensation for displaced persons.
  • Psychosocial Support: Providing mental health and psychosocial support services to help IDPs cope with trauma and reintegrate.
  • Community Engagement: Actively involving IDPs and host communities in planning and decision-making processes to ensure solutions are context-specific and sustainable.
• Strengthening Protection Mechanisms:
  • Combatting SGBV: Implement robust measures to prevent and respond to SGBV in IDP settings, including access to justice, medical care, and psychosocial support for survivors.
  • Child Protection: Intensify efforts to protect IDP children from recruitment, exploitation, and ensure their access to education and child-friendly spaces.
  • Documentation: Facilitate the issuance of identity documents to IDPs, which are essential for accessing services and exercising their rights.
• Improving Data Collection and Analysis: Develop a robust national system for collecting, analyzing, and disseminating disaggregated data on IDPs to inform evidence-based policy and programming.
• Ensuring Accountability: Investigate and prosecute perpetrators of human rights violations against IDPs to end impunity and deter future abuses.
• Addressing Climate-Induced Displacement: Develop strategies to mitigate the impact of climate change and build resilience in vulnerable communities to reduce climate-induced displacement.

Conclusion

The plight of Internally Displaced Persons in Nigeria is a profound humanitarian and human rights crisis that demands urgent and sustained attention. While the Nigerian Constitution provides a foundational framework for the protection of fundamental rights, the absence of a specific national law on IDPs and persistent implementation challenges create significant gaps in protection. By enacting a comprehensive IDP law, strengthening institutional capacities, increasing resources, prioritizing security and conflict resolution, and investing in durable solutions with a strong focus on community participation and accountability, Nigeria can move towards a future where the rights and dignity of its internally displaced citizens are fully respected and protected, enabling them to rebuild their lives in safety and with dignity.

The ultimate goal must be to ensure that no Nigerian is left behind, and that all citizens, regardless of their displacement status, can fully enjoy the rights guaranteed to them by the Constitution and international law.