Abstract
Force displacement is a daunting challenge facing the international community as a result of armed conflicts, insurgency and communal tension. In the same vein, Nigeria has been experiencing the problem of internal displacement as a result of the Boko Haram insurgency. More than two million Nigerians have been internally displaced as a result of Boko Haram insurgency that has been bedeviling the country since 2009. Internally displaced persons differ from refugees, though they have similar characteristics. The sources of displacement of refugees and IDPs may be the same and requires equal treatment. However, IDPs have been excluded under the protection of international refugee law. This is because IDPs do not cross international borders and therefore they should be under the protection of their national governments. Sometimes the national authorities are behind the reasons for their displacement or unable to protect them. This is one of the reasons IDPs have been experiencing neglect and inadequate protection. Accordingly, Nigerian IDPs have not been adequately protected, as there is no national or international legal frameworks that are directly addressed the plight of Nigerian IDPs. Therefore, the aim of this paper is to critically assess the efficacy of the domestic and international legal frameworks on internal displacement in Nigeria. The study has adopted the use of secondary data extracted from the journals, articles, books, magazines, newspapers and reports. It employs descriptive method of data analysis. The finding is that Nigerian policy on IDPs is not effective as it has not been domesticated or implemented.
Highlights
The post-Cold War era has witnessed the declining of the conflicts between/among the states and that period coincides with the emergence of “new wars” such as civil wars, insurgencies, ethnic conflicts, genocides and other violent conflicts perpetrating by human beings against their fellows
The problem of internal displacement has not been directly addressed by any global legal framework
There is absent of effective domestic response from the Nigerian government to protect and assist Nigerian internally displaced persons (IDPs)
Summary
The post-Cold War era has witnessed the declining of the conflicts between/among the states and that period coincides with the emergence of “new wars” such as civil wars, insurgencies, ethnic conflicts, genocides and other violent conflicts perpetrating by human beings against their fellows. By 2002, the USCR reported that more than 20 million had been internally displaced worldwide as a result of violent conflict, human rights violation and generalized violence Out of this number, the UNHCR was rendering assistance to about 6 million IDPs among its “persons of concern” [11]. Ever since 2003, violent conflicts have resulted in considerable increase of the global trend of internal displacement that produced more IDPs. Between 2003 and 2016, it is estimated that about 5.2 million incidents of displacements occurred yearly, which is an approximately about 14,000 people forced to flee every day [12]. Until recent conflicts in the Middle East and the resultant mass migration crisis in the region, Africa had the largest number of IDPs. Recently, IDMC has reported that in 2014 about 38 million people were internally displaced globally.
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