This book examines the national legal frameworks in place for internally displaced people in Nigeria and considers how they can be extended to provide further legal protection.

Despite a growing global awareness of the importance of developing solutions to the problem of internal displacement, how that translates to national level response is often under-researched. This book focuses on Nigeria, where conflict and violence continue to drive high levels of displacement. The book begins by examining the definitions and causes of internal displacement in the national context, before considering the state of national law, and the applicability of the Kampala Convention for furthering protection and assistance for internally displaced persons.

This book will be of interest to researchers of African studies and internal displacement, as well as to policy makers, civil society organizations, humanitarian actors and other regional and international stakeholders.

Table of Contents

Chapter 1. Context

1.1 Introduction

1.2 Migrants, Refugees and Internally Displaced Persons: Clarification

1.3 The Essence of Law

1.4 Sources of Nigerian Law

1.5 Scope and Objective

Chapter 2. Internal Displacement in Nigeria

2.1 Introduction

2.2 Definition

2.3 Causes

2.4 Conclusion

Chapter 3. Applicable Frameworks on Internally Displaced Persons in Nigeria

3.1 Introduction

3.2 The 1999 Nigerian Constitution

3.3 Relevant Legal Frameworks

3.4 Legal Stopgap: the Kampala Convention as supplementary law

3.5 Conclusion

Chapter 4. Reflection on the National Policy on internally displaced persons, 2021

4.1 Introduction

4.2 Brief background

4.3 The Policy framework

4.4 Conclusion

Chapter 5. Conclusion

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There is an emerging consensus that what is projected as democratic governance and justice in Africa requires a re-calibration, in particular, in relation to the constitutive demos, human rights, the realisation of commitments at various governance levels and the convergence between these ideations. The post-colonial narrative on democracy has unveiled some crevices in rule of law, political equality, political participation, political culture and freedom of the press. Aside from the fact that these notions are threatened by some existing institutional structures, these notions are increasingly being negotiated across political spaces. Evident in the prevalent narrative is an imperative for Africa to assert its place on the global scene of democratic governance and justice. However, if this will be accomplished, it is important to understand some of the issues that need to be worked through in this transition.

This collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.