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The Kampala Convention on Internally Displaced Persons in Nigeria: The Need for Its Domestication in Nigeria

Received: 1 October 2022     Accepted: 7 December 2022     Published: 27 December 2022
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Abstract

In order to comprehend the challenges at hand, this article explains essential terms and investigates how internal displacement is managed in Nigeria using the Kampala Convention as a reference. The Kampala Convention and supplementary pertinent Nigerian regulations were also discussed in this article, despite the Nigerian government's inability to reduce the expanding figures of internally displaced people residing within its boundaries. This is essential since, as this paper correctly found, despite Nigeria's ratification of the Kampala Convention, it has not been domesticated. The inference of this is that the Convention would not be applicable until it has been domesticated in accordance with the requirements of the Nigerian Constitution, which is aptly represented in section 12. As a result, this study incorporates a critique of the pertinent agencies involved in the management of internal displacement of persons, as well as their associated tasks and difficulties. This essay further argues that pushing the government to domesticate pertinent laws and to afford the necessary funding for pertinent agencies will aid in finding long-lasting solutions to the problem of population relocation. This paper also makes the case for addressing the underlying causes of displacement in Nigeria and calls for challenging government policies that encourage arbitrary internal migration. It comes to the conclusion that reducing internal migration requires cooperation from the government, its agencies, non-governmental organizations, non-state actors, and individuals.

Published in International Journal of Law and Society (Volume 5, Issue 4)
DOI 10.11648/j.ijls.20220504.16
Page(s) 387-394
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Internally Displaced Persons (IDPs), Nigeria, Kampala Convention, Nigerian Constitution

References
[1] Ezeanokwasa, Kalu, Okaphor, (2018). A Critique of the Legal Framework for Arresting the Threat of Internal Displacement of Persons to Nigeria’s National Security NAUJIL 9 (2), 10-21.
[2] T. A. Oduwole and A. O. Fadeyi, ‘Issues of Refugees and Displaced Persons in Nigeria’, (2013) Journal of Sociological Research, (4) (1) 1.
[3] T. U. Akpoghome. Internally Displaced Persons in Nigeria and the Kampala Convention (2015) Vol. 18. Recht in Afrika- Law in Africa- Droit en Afrique. 58-77.
[4] Article 1 (l) of the Kampala Convention 2009.
[5] Case No. ICTR 96-4-T. Para. 150. Judgment delivered on 2 September, 1998. Prosecutor v. Jean Paul Akeyesu.
[6] Bamgbose, J., Fundamentals of Nigerian Politics, Lagos, 1998, p. 118.
[7] Wahab, E. O., Ethnicity and Tribalism in Nigeria: Myths and Reality, in: Odumosu, T. et al. (ed.), Social Problems and Social Works in Nigeria, Lagos, 2000, pp. 111 – 118.
[8] Alero Toju Akujobi, Ufuoma Veronica Awhefeada. Migration and Displacement: Legal Constraints of Internally Displaced Persons in Nigeria. International Journal of Law and Society. Vol. 4, No. 3, 2021, pp. 169-176. doi: 10.11648/j.ijls.20210403.13.
[9] Akume, A. T., (2015) The Question of Internally Displaced Persons (IDPs) in Nigeria: A Reflection on Present Realities, Journal of Third World Studies, 32 (1), 221 at 222.
[10] Aloh and Obaji, (2016). Internal Displacement in Nigeria and the case for Human Rights Protection of Displaced persons, Journal of Law, Policy and Globalization 51, 26.
[11] Adeyokun, S., Reckoning with Internally Displaced Persons, accessed 4 December 2021.
[12] Internal Displacement Monitoring Centre (IDMC), Global Overview 2011: People Internally Displaced by Conflict and Violence – Nigeria (19 April, 2012), accessed 4 December 2021.
[13] Inter-Agency Standing Committee (IASC) Framework on Durable Solutions for Internally Displaced Persons, Bern, 2010, p. AI.
[14] Partners for Development, “Final Report of the IDP Crisis in Benue State”.
[15] Muhammad Sani-Sidi, “981,416 IDPs in Nigeria”, accessed 4 December 2021.
[16] Levinus Nwabughiogu, November 8, 2021 “IDPs number in Nigeria rises to 3million-Refugees Commissioner”, accessed 4 December 2021.
[17] NCFRMI,“InternalDisplacements”, accessed 4 December 2021.
[18] The Constitution of the Federal Republic of Nigeria 1999 (as amended) in 2011, CAP. C20 LFN 2004.
[19] See sections 33-43 under Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
[20] The African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, CAP. A9, Laws of the Federation of Nigeria (LFN), 2004.
[21] Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949, International Committee of the Red Cross (ICRC), Geneva, accessed 4 December, 2021.
[22] Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of the Victims of International Armed Conflicts (Protocol I), of 8 June 1977, accessed 4 December, 2021.
[23] Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), of 8 June 1977 accessed 4 December, 2021.
[24] Additional Protocol II. Article 13-16.
Cite This Article
  • APA Style

    Kesiena Urhibo. (2022). The Kampala Convention on Internally Displaced Persons in Nigeria: The Need for Its Domestication in Nigeria. International Journal of Law and Society, 5(4), 387-394. https://doi.org/10.11648/j.ijls.20220504.16

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    ACS Style

    Kesiena Urhibo. The Kampala Convention on Internally Displaced Persons in Nigeria: The Need for Its Domestication in Nigeria. Int. J. Law Soc. 2022, 5(4), 387-394. doi: 10.11648/j.ijls.20220504.16

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    AMA Style

    Kesiena Urhibo. The Kampala Convention on Internally Displaced Persons in Nigeria: The Need for Its Domestication in Nigeria. Int J Law Soc. 2022;5(4):387-394. doi: 10.11648/j.ijls.20220504.16

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  • @article{10.11648/j.ijls.20220504.16,
      author = {Kesiena Urhibo},
      title = {The Kampala Convention on Internally Displaced Persons in Nigeria: The Need for Its Domestication in Nigeria},
      journal = {International Journal of Law and Society},
      volume = {5},
      number = {4},
      pages = {387-394},
      doi = {10.11648/j.ijls.20220504.16},
      url = {https://doi.org/10.11648/j.ijls.20220504.16},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220504.16},
      abstract = {In order to comprehend the challenges at hand, this article explains essential terms and investigates how internal displacement is managed in Nigeria using the Kampala Convention as a reference. The Kampala Convention and supplementary pertinent Nigerian regulations were also discussed in this article, despite the Nigerian government's inability to reduce the expanding figures of internally displaced people residing within its boundaries. This is essential since, as this paper correctly found, despite Nigeria's ratification of the Kampala Convention, it has not been domesticated. The inference of this is that the Convention would not be applicable until it has been domesticated in accordance with the requirements of the Nigerian Constitution, which is aptly represented in section 12. As a result, this study incorporates a critique of the pertinent agencies involved in the management of internal displacement of persons, as well as their associated tasks and difficulties. This essay further argues that pushing the government to domesticate pertinent laws and to afford the necessary funding for pertinent agencies will aid in finding long-lasting solutions to the problem of population relocation. This paper also makes the case for addressing the underlying causes of displacement in Nigeria and calls for challenging government policies that encourage arbitrary internal migration. It comes to the conclusion that reducing internal migration requires cooperation from the government, its agencies, non-governmental organizations, non-state actors, and individuals.},
     year = {2022}
    }
    

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    AB  - In order to comprehend the challenges at hand, this article explains essential terms and investigates how internal displacement is managed in Nigeria using the Kampala Convention as a reference. The Kampala Convention and supplementary pertinent Nigerian regulations were also discussed in this article, despite the Nigerian government's inability to reduce the expanding figures of internally displaced people residing within its boundaries. This is essential since, as this paper correctly found, despite Nigeria's ratification of the Kampala Convention, it has not been domesticated. The inference of this is that the Convention would not be applicable until it has been domesticated in accordance with the requirements of the Nigerian Constitution, which is aptly represented in section 12. As a result, this study incorporates a critique of the pertinent agencies involved in the management of internal displacement of persons, as well as their associated tasks and difficulties. This essay further argues that pushing the government to domesticate pertinent laws and to afford the necessary funding for pertinent agencies will aid in finding long-lasting solutions to the problem of population relocation. This paper also makes the case for addressing the underlying causes of displacement in Nigeria and calls for challenging government policies that encourage arbitrary internal migration. It comes to the conclusion that reducing internal migration requires cooperation from the government, its agencies, non-governmental organizations, non-state actors, and individuals.
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Author Information
  • Department of Commercial and Property Law, Faculty of Law, Delta State University, Abraka, Nigeria

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