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ABSTRACT
This thesis entitled: “An Appraisal of the Legal Framework of the National Emergency Management Agency (NEMA) in the Protection and Assistance of Internally Displaced Persons (IDPs) in Nigeria” is aimed at examining the constitutive legal instruments guiding the National Emergency Management Agency in the protection and assistance of Internally Displaced Persons in Nigeria, through the study of other constitutive International instruments and standards on this subject matter. The justification for this research is the concern for the plight of the displaced persons in the last five years which has been criticized by research experts and international bodies on various grounds such as; the unwillingness of Government to take bold significant measures to address the problems of internal displacement till date, lack of long term strategic planning, implementation and evaluation framework by key Institution and, the prevalence of corruption which to a large extent disrupts humanitarian efforts, among others. However, in the course of this research, the findings of the researcher (among others) revealed that there is no specific National Legal Framework on the Protection and Assistance of displaced persons in Nigeria apart from the general provisions of fundamental human rights provided in the Nigerian Constitution which is a legal right of every citizen. On this note, the objective of this research is to principally address the gaps and inadequacies in our national laws under which the National Emergency Management Agency operates. Thus in the final analysis, the researcher concluded by recommending that apart from the general legal provisions which directly or indirectly touches on the protection and assistance of internally displaced persons,, there should be specific provisions guiding the protection and assistance of the affected population as a legal basis for which the Government and the relevant institution and stakeholders can be held directly accountable for where they do not meet the required standard. There should also be an expansion of the National Emergency Management Agency Act to equip the Agency to go beyond conducting comprehensive disaster management around the country to providing durable solutions for internally displaced persons.
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background to the Study
Generally, the problem of protecting and
assisting Internally Displaced Persons (IDPs) is not a new issue. In
Nigeria and other parts of the world, internally displaced persons are
amongst the most vulnerable populations. This is because they remain
inside their own countries, and they rarely receive the assistance and
protection afforded refugees under International Law.1 Moreover, as many
of the displacements are as a result of civil conflict and violence,
the vulnerability of the displaced persons is heightened, as it becomes
difficult for the States to implement the required special protective
measures needed for the displaced persons. At such times, there is
usually no local authority willing to provide assistance and protection
during the displacement as well as during return or resettlement and
reintegration.
The General Principles on Internal Displacement by the United Nations
defines internally displaced persons as: persons who have been forced or
obliged to flee or to leave their homes or places of habitual
residence, in particular as a result of or in order to avoid the effects
of armed conflict, situations of generalized violence, violations of
human rights or natural, human-made disasters, or large scale
development projects and who have not crossed an internationally
recognized state border2.
The term; „internally displaced persons‟ is not specifically covered in
the United Nation‟s Conventions. It is however, used by the
International community to describe people who have fled their homes for
reasons similar to refugees, but who remain within their own national
territory and are subject to the laws of that state. Also, because of
the special situation, specific needs and the heightened vulnerability
that flow from the fact of being displaced, it is provided that
internally displaced persons are entitled to special protection and
assistance.3
An important difference between Refugees and internally displaced
persons is that in International law, it is the responsibility of the
Government concerned to provide assistance and protection for the
Internally Displaced Persons‟ in their country. Refugees on the other
hand, are granted legal status because they have lost the protection of
their own country, and are therefore in need of international
protection, which is not necessary for internally displaced persons who
do not cross national borders, rather they remain citizens or habitual
residents of their country and continue to be entitled to enjoy the
rights available to the population as a whole.
Internal displacement, affecting some 25 million people in about 50
countries worldwide has become increasingly recognized as one of the
most tragic phenomena of the contemporary world. Often the consequence
of traumatic experiences with violent conflicts, gross violations of
human rights and related causes in which discrimination features
significantly; displacement nearly always generates conditions of severe
hardship and suffering for the affected populations.4
In fact, the situation may likely be worsened, with the current
incidences and frequent occurrence of disasters (man-made and natural)
occurring globally. In Nigeria, 1,385,298 people are recorded to have
been affected by insurgency and communal conflicts, most of whom were
displaced.
In Nigeria, the legal authority for coordination and integration of
disaster management is the National Emergency Management Agency (NEMA).
The National Emergency Management Agency is responsible for overall
disaster management in Nigeria, including the coordination of emergency
relief operations as well as assisting in the rehabilitation of victims
where necessary. In practice basically, the protection and assistance of
internally displaced persons is part and parcel of disaster management
as the displaced persons are products of natural and human made
disasters. All facets of disaster management cycle – Prevention,
Mitigation, Preparedness, Response and Recovery are applicable to
displacement situations and they constitute components of internal
displacement management cycle. In theory however, the National Emergency
Management Agency (NEMA) Act6 does not specifically make reference to
internally displaced persons, rather, it refers to persons affected by
various forms of disasters as ‘victims of disaster’.
It also does not provide for „durable solutions‟ which is the most
complex phase in the displacement cycle. These are some of the lacunas
in the National Emergency Management Agency Act affects the Agency’s
capacity and authority in managing displaced persons effectively. These
are some of the issues that have caught the interest of the writer, and
hence, the need to proffer solutions to address the situation.
Fundamentally, the occurrence of disasters often results in displacement
of persons. Hence, the global increase in the number of magnitudes of
disasters has directly led to the increase in human displacements. This
has further given rise to the urgent need to develop laws and national
policies on the protection and assistance of internally displaced
persons, and to strategize on the implementation and the enforcement of
these laws. In view of this situation therefore, the aim of this
research is to examine the responsibility of Government through
established Institutions, toward; relieving the suffering and distress
of Internally Displaced Persons, the ultimate need to provide durable
solutions, and advocacy for improvement in the sustenance of the welfare
and security of the nation as provided in the Constitution of the
Federal Republic of Nigeria, 1999.
1.2 Statement of the Problem
National Emergency Relief Agency (NERA) was first established in 1976.8
It metamorphosed over the years and in 1999, it was renamed National
Emergency Management Agency (NEMA). The National Emergency Management
Agency was given a wider scope on disaster management activities. The
Agency by its mandate is to coordinate and integrate the activities and
efforts of other disaster management stakeholders and structures, and to
compliment their resources to avoid duplication of efforts and chaotic
rescue efforts at the scene of disasters.
However, based on the provisions of the National Emergency Management
Agency Act, much is being expected from the Agency, hence the following
questions can be raised; Have public expectations been adequately met?
Does the Agency have the capacity to manage large (unforeseen) number of
displaced persons and provide durable solutions over a long period of
time? The general understanding (based on the activities of the Agency)
is that they are concerned primarily with delivering of relief materials
to the victims of disasters as well as emergency medical care when
needed. They also undertake proactive measures in line with the expanded
scope of the Agency to manage disasters. Nonetheless, issues of
resettlement and rehabilitation of victims of disasters (Internally
Displaced Persons) comes with even greater challenges.
The problems of internal displacement if not adequately handled could
jeopardize the sustainability of peace and development in the country.
Some of the challenges faced by the displaced persons after the disaster
phase include; difficulty in recovering land or properties destroyed in
the course of the disaster and generally finding permanent solutions;
restoring livelihoods, utilities, rebuilding infrastructures and other
things necessary to allow them to live decent lives at the end of the
crises. In situations where they feel that they have suffered injustice
for no fault of theirs, reconciliation becomes difficult. If durable
solutions are not adequately provided for the displaced population,
their potential for contributing to economic reconstruction and
rehabilitation is limited. Social development and economic stability
becomes stagnated particularly in the affected States.
However, all these assertions are not verifiable since there has been
few, if any, or no systematic empirical studies on the activities of the
Agency and their impact. Most of the criticisms and opinions tend to be
mere speculations rather than concrete facts and information. For sure,
there has been no empirical investigation of the legal dimensions of
Agency‟s mandate especially with respect to internally displaced
persons.
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