Internally Displaced Persons and International Human Rights Law: Nigerian Legal Perspective

Falade, Olugbenga Damola

Abstract

There are nine core UN treaties on human rights among them are the International Convention on Economic and Social Rights; the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. With these treaties and soft laws in place, the rights of Internally Displaced Persons are being infringed on without a durable solution. They are forced out of their homes in disassociation with families; deprived of food, potable water, adequate security, health facilities, shelter, schools, means of livelihood; and other social amenities without a lasting solution. No state, institution, or international body has been able to permanently resolve these issues for years. Most of the literature reviewed states that it is a domestic problem of the state, and they recommended ways of solving it but never been achievable. To address this issue, this study used a human rights-based approach to investigate legal norms and standard practices in Nigeria. The theoretical framework of the study is rooted in natural law theory, which lays the foundation for human rights generally, and positive law which is man-made law needed for the realisation of human rights. The methodology adopted is a qualitative method of study, involving an examination of primary and secondary sources.
After a thorough study, it was found that there is no specific international treaty or Nigerian domestic law for the protection of IDPs, but it was argued that there are other human rights treaties, Nigerian constitutions, and local laws that protect the IDPs. Also, it was found that internal displacement is not only an internal issue but an international issue that needs the assistance of the international community. While the activities of the international community and most governments providing aid are just palliative measures, the roots or causes of displacement need to be attacked for there to be a durable solution. It was recommended that the state or government should be held accountable for its action or inaction that led to displacement. The international recognition of any government or state, causing or unable to curb displacement, should be removed by the international community. Furthermore, there should be a technique of changing people’s thinking towards IDPs; ensuring stakeholders' participation; amending of Nigerian constitution to include state policing, removal of land use Act as constitutional provisions, and placing the security and welfare of citizens under Chapter 4 which make provisions for human rights. It was concluded that resolving the plights of the IDPs will also resolve those facing refugees, and host communities, and create a peaceful society as a whole.

Citation

Falade, O. D. Internally Displaced Persons and International Human Rights Law: Nigerian Legal Perspective. (Thesis). University of Hull. https://hull-repository.worktribe.com/output/4866307

• Thesis Type: Thesis
• Deposit Date: Oct 15, 2024
• Publicly Available Date: Oct 29, 2024
• Keywords: IDPs; Human rights; Legal norms; States responsibilities; Principle of sovereignty; Natural law
• Public URL: https://hull-repository.worktribe.com/output/4866307
• Additional Information: Law School; University of Hull
• Award Date: May 28, 2024