A SERIAL EXAMINATION OF THE RIGHTS OF DISPLACED PEOPLE IN NIGERIA IN THE CONTEXT OF NATURAL CATASTROPHES
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ABSTRACT
It is a matter of significant worry that, in recent years in Nigeria, the number of people who have been forced to flee their homes as a result of natural catastrophes has skyrocketed to an unprecedented level. Even more troubling is the reality that these individuals often find themselves on the receiving end of abuses of human rights. Their plights have significantly worsened in recent times, which has created a significant problem that has both national and international ramifications. In order to find a solution to this issue, a wide variety of legal, institutional, and policy frameworks have been adopted on both the national and international levels. Within the scope of this dissertation’s critical analysis, the rights of displaced individuals in Nigeria as a consequence of natural disasters were investigated. In order to accomplish this goal, we choose to conduct this study using a doctrinal approach. Due to the fact that this research strategy focused on libraries, the materials drawn from both primary and secondary sources were assessed. The information found in local and foreign court judgments on the protection of the rights of IDPs is included as one of the main sources. Other primary sources include information found in national and international legal instruments. On the other hand, secondary sources include things like books, magazines, articles, newspapers, and information found online. It was discovered that at the national level, there is no unique legislative framework with the particular purpose of aiding and preserving the rights of IDPs in Nigeria, particularly in cases involving natural disasters. This was one of the findings. It was also discovered that the agencies in Nigeria responsible for the protection of internally displaced people (IDPs), such as NEMA and NHRC, are not autonomous and lack the financial and logistical resources necessary to operate effectively and meaningfully. They seem to be in a more vulnerable situation since they are controlled directly or indirectly by the government in a variety of ways, including finance, the makeup of membership, the supply of operating guidelines, and the tenure of executives, amongst other things. Since the Guiding Principles on IDPs are not legally binding documents at the international level, states cannot be held accountable if they disregard them, nor can they be invoked in legal proceedings at the domestic level. This is because the Guiding Principles are not legally binding documents at the international level. Therefore, adherence to the guiding principles by the states is entirely on a voluntary basis. Second, under international law, the protections afforded to those who are internally displaced only apply in the context of armed conflict. In light of this context, the dissertation makes a number of recommendations, one of which is that the government should enact specific justiciable legislation that would answer to the peculiar needs of internally displaced persons (IDPs) in the country, particularly those needs relating to the provision of permanent shelters, well-equipped medical facilities, safe drinking water, and schools, amongst other things. This legislation would answer to the peculiar needs of IDPs in the country. The National Policy on Internally Displaced Persons is insufficient, especially due to the fact that it is not legally obligatory. In addition to this, the government has to address the issue of building capacity in an efficient manner.
A SERIAL EXAMINATION OF THE RIGHTS OF DISPLACED PEOPLE IN NIGERIA IN THE CONTEXT OF NATURAL CATASTROPHES
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