Enhancing protection of internally displaced persons through domestic law and policy

Abstract

With the global crisis and conflicts, Africa as a continent has the largest number of IDPs in the world. Unfortunately, peoples have lost their life, exposed to different abuses; abandon their homes, property and their family in Nigeria due to Boko Haram insurgency, political instability, civil conflict, natural or economic predicaments and more also developmental projects. The problem of IDPs includes lack of basic amenities such access to portable water, good health care services, food, and shelter. As displaced persons did not cross an internationally recognised border, they are termed ‘’internally displaced persons’’ (IDPs) not refugees. The paper will examine the legal framework on the rights of IDPs and the Kampala Convention 2009 of the African Union. The paper analyses the legal regime for the Protection and Assistance of the IDPs rights in regional conflicts. This paper examines the AU Kampala Convention 2009 and how the rights of the IDPs have been violated by the agents of states. The paper concludes with a recommendation that Legislation should be domesticated in the National laws and Constitution of Member States who have signed and ratified the AU Convention 2009. Despite the legal constraint of customary international law, international law can be interpreted to include the humanitarian services and aids be given to IDPs as a protection through the international human rights laws(IHRL) and international humanitarian laws(IHL) ratified by the Member States of the regional institution. The State must hold members of the armed groups criminally responsible for human rights abuses and violations of IHL.

Keywords: IDPs, Kampala Convention, International Humanitarian Law, International Human Rights Law, Legislation and Policy