National Policy on Internally Displaced Persons (IDPs)

1. Nigeria - Displacement Report 34 (November 2020) I DTM (iom.int]; UNHCR Vulnerabiliti)I Screening Dashboard 2019 National Policy on Internally Displaced Persons 1 Information from the DTM report 34 indicates that an estima ted 1,736,849 returnees from within and outside Nigeria were recorded as at November, 2020. Furthermore, UNHCR's Vulnerability Screenings, the most recent of which was undertaken in December 2019, have identified specific vu lnerabilities of IDPs, both in camps and in host communities. The most re cent screening found that 32,035 dis placed households are vulnerable and have specific protection risks and needs including families headed by women; serious medical conditions or disabilities, or other specific needs. The 2021 Humanitarian Needs Overview for Nigeria estimates that insecurity related to Boko Haram violence and military counter operations continues to affect 26 million people living in the North East of Nigeria with 8.7 million of them in need of humanitarian assistance. Furthe rmore, 6.5 million of these people are estimated to be in the three most affected states ofAdamawa, Bornu and Yobe. Having recognized that in Nigeria and elsewhere in the world, !DPs are amongst the most vulnerable populations for obvious reasons/ the Federal Government of Nigeria signed, ratified and deposited her instruments of the African Union for the Protection and Assista nce of !DPs in Africa, (Kampala Convention), which came into force on 6th December, 2012.:i In July 2011, the First Ministerial Conference on Humanitarian Assistance and Internal Displacement in West Africa organized by the Economic Community of West African States (ECO WAS) in Abuja, under the leadersh ip of Nigeria, underscored the importance of every African Union Member State to signing, ratifying, 4 domesticating and implementing the Kampala Convention. More importantly, the Conference stressed the need to strengthen good 2 Such as: • they have nospedal legal status under international law because upon displacement. they re.main within their national borders and therefore, rare ly receive the assist.ance and protection afforded refug ees. 3 The Kampala Convention on /DPs needing 15 ratifications under article 17(1) is y et to come into force as of 7July 2011. Si9ned by 32 and ratifiedby 12 AUSrotes inc/udinefive ECOWASMemberSrotes: •Gambia, Guinea-Bissau, Mall Siem, Leone and Togo. 4 See Para 10 ofthe Preamble tc the Final Communique of the Conference dated 7July 2011 in Abuja, Ni9rna. 2 National Policy oo Internally Displaced P€!soos governance and the full respect of all huma n rights and International Humanitarian Law (IHL) in ECOWAS member states, with a view to preventing internal displacement, notably caused by the lack thereof, or emanating from conflict and generalized violence and mitigating its devastating effects on the region's citizens." In the absence of a policy fram ework on internal displacement in Nigeria, the response to the plight of !DPs has remained largely fragmented and uncoordinated; and the response to the root causes 6 of internal displacement, has been very poor and ineffective. To this effect, IDPs have remained largely vulnerable and susceptible to all forms of exploitation, abuse and neglect across the federation. Existing figures on the number of the affected population are contradictory and pose a challenge for assessing the extent and impact of internal displacement on host commu nities, national security and development. 1.1.2 Causes oflnternal Displacement in Nigeria In Nigeria, most of the incidences of internal displacement occur because of violent conflicts with ethnic, religious 7 and/or political undertones. Thousands are annually 8 displaced as a result of natural disasters including flooding in the North and West, erosion in the East, oil spillage and 9 development projects in the Niger Delta (South-South). Some incidences also occur because of clashes between herdsmen and farmers and between government forces and armed groups, as well as banditry in recent time. This is in addition to the over 400,000 Bakassi returnees 10 who were 5 Ibid point.s 1-3 of the Conference declaration contained in the Communique. 6 Ladan M. T. (2011)"0verviewofInternational and Regional Fromeworks on lnternationril Displacement:• A case studr,ofNigeria.A paper presented at a 2-day multi-stakeholders conferenu on International Displacement in N!iJeria. Oryanised by the Civzl Society Legislative Advocacy Centre, Abuja in Cal/abaratian with IDMC and the NarwqJian Refu9ee Council Geneva. Held an November Zl-Z3, ZlflL at Balton White Hotels, Abuja, Ni9eria. 7 lbidatpp. 1-2. See also the Draft National Policyon /DPs in Nigeria., supranote 7; andIDMC supranote 3. 8 Recently, the Nigerian Red Cross Sociefy revealed that in 2010 alone about 1.5 million people ·were affected nationwide. The Red Cross carried out a vulnerability analysis and identified about 5,000 vulnerable families were most affected by the 2010 floods. See the Proceedings of the Multi·stakeholders conferenc~ supronote 17. 9 United Notions Environment Programme (UNEP) Nairobi Kenya (2011):- Report on Environmental Assessment of Oganilond, Niger Delta region. Nigeria. 10 Tony Nyong: 'Bakassi returnees ovenvhelm Ak,.~·a ·lbom: in Sunday Vanguard, Lagos, 31st August 2008 National Policy on Internally Displaced Persons 3 internally displaced from the oil rich Bakassi Peninsula that was handed over by Nigeria to Cameroon in 2008 resulting from the 10th October, 2002 ruling of the International Court of Justice. Large-scale internal displacement has also taken place in the North East of Nigeria due to the armed conflict between the Government of Nigeria and the non- state armed group. As at February 2021, 2,184,254 people continued to be internally displaced in the North East of Nigeria, many of 11 whom have been displaced between 2 and 4 years. Analysts have always expressed fears that the level of conflict a nd the attendant level of internal displacement, may 12 increase each time general elections draw nearer. These fears were confirmed when the National Emergency Management Agency (NEMA) reported that about 65,000 pe rsons were di splaced inte rnally due to 2011 post-election violence spread across six Northern states including Bau chi, 11 Kaduna, Kano, Niger, Katsina and Sokoto. : Recent studies have also shown that people's vulnerability to internal displacement in Nigeria is not only due to natural and man-mad e disaste rs, armed confl ict, and e thno- religious-political conflicts but is also worsened by extreme poverty, lack of equal access to socio-econom ic resources and balanced development, high unemployment rate among able-bodied and frustrated youths. It has been noted, however, that undue emphasis on disaster- induced displacement led to gove rnme nt prioritizing disaster risk reduction and narrowing its fo cus only to responding to disaster-induced displacement. This approach has largely ignored non-disaster-induced internal 11 Northeast Nigeria: Displacement Report 36 (May 2021) - Nigeria I Re!iefWeb. 12 See Ladan M. T. and Aisha I.K (ed.) (2005): - Election Violence in Nigeria. AFSTRAG - Nigeria. Lagos with support from the Ford Foundation. For the analysis ofthefactors responsible for pre~during and post election violence in Nigeria. 13 Ladan M. T. (2009-10) Introduction ro ECOWAS Communig, Law and Practice: Integration, Migration, Human flieht Peace and Securig, in WestAfrica (2010); ABUPress, Zaria. Nigeria: Alhassan, N. NEMA, Abuja (2011) Proceedings ofthe multi-st<>keho/ders, supra note 17 13 lt is also a step towards implementing the Kampala Convention, which reaffimis that the St:a.te has the primary duo/and responsibilio/ to assist and protect /DPS 4 National Policy oo lntemally Displaced P€!soos displacement and lack of strategic framework to address the plight of such displaced populations and to provide durable solutions to all types of displacement. The endorsement of this IDP policy by the Federal Government is a demonstration of political will to providing durable solutions to the plight of IDPs and a practical admission of the fact that ensuring IDPs protection and assistance primarily lies with national authorities whose mandate and obligation itis to protect and care for them. Section 14(2) (b) of the 1999 Nigerian Constitution imposes an obligation on the government, at all levels, to promote the security and welfare of the people as the primary purpose of government. Article 3(2) of the Kampala Convention on IDPs in Africa requires States Parties to adopt implementing national legal and policy frameworks on the protection and assistance to IDPs. Further, the Convention's Article 4 is to the effect that State Parties are obliged to ensure that all persons are protected against arbitrary displacement as a human right. Furthem10re, by virtue of the Convention's Article 7, both parties in anned conflict are obliged to respect the provisions of International Humanitarian Law (IHL) and Human Rights Law in the protection and assistance to IDPs. Violators of the rights of IDPs shall be held responsible for their acts under both international and national laws. One of the key factors compounding the plight of IDPs in Nigeria lies in the weak or non-existent process of enabling IDPs make an infonned and voluntary decision as to whether to return to their home communities, remain where they are, or relocate elsewhere in the country. 14 !4Ibid National Policy on Internally Displaced Persons 5 1.1.3 Impact of Internal Displacement on IDPs and their Host Communities (a) Impact oflnternal Displacement on IDPs in Nigeria During violent conflicts or natural disasters, which force IDPs to leave, most houses and properties are destroyed, looted or burnt down. Most IDPs in Nigeria, having been deprived of their homes and sometimes their land and livelihood, flee to neighbouring communities that are safe, usually taking refuge in temporary shelters such as schools, police stations, military barracks, public buildings and places of worship among others. This results in their lacking access to necessities of life such as food, water, shelter, education and healthcare. Furthem1ore, it is mainly while fleeing for safer places that families get separated and contact is disrupted, increasing their vulnerability and exposing them to risks. While some efforts are made by humanitarian and faith- based organizations and government agencies to address some of the basic needs oflDPs, their vulnerability tend to be exacerbated by barriers to accessing healthcare services, education, employment, economic activities and infonnation for participation in decision making affecting their lives. With some IDPs camping in school buildings, education is usually disrupted for both local host communities and displaced children. Furthem10re, IDPs in Nigeria are at risk of insecmity, discrimination and all forms of exploitation and abuse, including sexual violence, rape, camping in congested shelters, isolated, insecure or inhospitable areas. IDPs are also largely separated from their families, especially 6 National Policy oo lntemally Displaced Pe!Soos unaccompanied children and teenagers, the elderly and infim1, persons with disabilities and pregnant women, whose special needs and privacy may not be attended to, due to fragmented and uncoordinated humanitarian response to the needs ofIDPs. IDPs in Nigeria may also face lack of access to justice in relation to cases of human 1ights violations such as discrimination against ethnic and religious minorities, sexual violence and deprivation of means oflivelihood. Even when the situation of most IDPs improves, potentially durable solutions have remained out of the reach of specific groups with particular needs or vulnerabilities. These include the elderly or sick people, widows barred from recovering the property they had lived on, or members of minorities facing discrimination, marginalization and exclusion or whose livelihoods depend on attachment to their areas of origin or settlement. For such groups, strategies or incentives that had encouraged others to move towards a durable solution may not have been effective or accessible, and the tailored support they needed to rebuild their lives may not be available. (b) Impact of Displacement on Host Communities When internally displaced persons are accommodated by host communities, these communities also experience immense pressure. There is overcrowding of internally displaced persons who create infom1al settlements on communal and private land. There is also an over-stretching of social basic amenities as water and social services such as schools, clinics and other social infrastructure including housing. Trees are cut down for firewood, building material and charcoal burning, causing environmental degradation in the long run. More often than not, a number of internally National Policy on Internally Displaced Persons 7 displaced persons decide to settle into host commumtles seeking new livelihood opportunities and in hope for a better life. Sometimes, as internally displaced persons overburden existing community services, resources and job or economic livelihood opportunities, tension arises between the two populations, making effective local integration difficult. Cost ofliving in host communities also increases, especially cost of food, housing, healthcare and education; such tensions can also arise from ethnic and religious considerations. However, experience from the North-East of Nigeria has shown that host communities have also benefitted from the presence of IDPs in their communities in the areas of improved healthcare; for instance, the expansion of hospital facilities and personnel tlu·ough the intervention of the Government and Non-GovernmentAgencies. 1.2 DEFINITIONOFKEYTERMS Arbitrary Displacement: Arbitrary displacement as used in this policy shall connote the meanings adopted in the UN Guiding Principles and the Kampala Convention. The UN Guiding Principles (Principle 6) and the Kampala Convention (Article 4) recognize and construe arbitrary displacement to mean:

1. Displacement based on policies ofracial discrimination or other similar practices aimed at/or resulting in altering the ethnic, religious or racial composition of the population,·

2. Individual or mass displacement of civilians in situations ofarmed conflict, unless the security ofthe 8 National Policy oo lntemally Displaced P€!soos civilians involved or i1llperative military reasons so demand, in accordance with international humanitarian law;

3. Displacement intentionally used asa method of wa,fare ordue tootherviolationsofinternational humanitarian law in situations of armed conflict;

4. D isplacement caused by generalized violence or violationsojhuman rights;

5. D isplacementasa resultojharrnfulpractices;

6. Forced evacuations in cases of natural or human-made disasters or other causes if the evacuations are not required by the safety and health ofthose affected;

7. Displacement used asa collective punishment;

8. D isplacement caused by any act, event, factor, or phenomenon ofcomparable gravity to all of the above and which is not justif,.ed under international law, including human rights and international humanitarian law. Armed conflict: Am1ed conflict means international armed conflict, which is the resort to anned force on the te1Titory of another State without its consent; as well as non-international armed conflict, which is protracted armed confrontations of a minimum level of intensity occurring between governmental armed forces and the forces of one or more organized am1ed groups, or between such groups arising on the territory of a State. Armed Groups: These refer to dissident armed forces or other 9 National Policy oo lntemally Displaced Pe!soos organized armed groups that are distinct from the armed forces of the Federal Republic of Nigeria; Camps: These are erected sites with non-pem1anent shelters (e.g. tents) used for the collective and communal accommodation of evacuated or displaced persons. Camps can be planned (i.e. purposely-built sites, completed before or during the influx) or self- settled (i.e. set up spontaneously by internally displaced persons or host communities without the support of the government or the humanitarian community). Collective centres: These refer to pre-ex1stmg buildings and stmctures used for the collective and communal non-permanent accommodation of evacuated/displaced persons in the event of a disaster. Types of buildings and stmctures used as collective centres vary widely. They include schools, hotels, community centres, town halls, sport infrastmctures, hospitals, religious buildings, police posts, militaiy ban-acks, warehouses, disused factories, and unfmished buildings, etc. Collective shelters: These include camps and collective centres as defined above. Conflict-induced Displacement: This refers to displacement resulting from people being forced to flee their homes for one or more reasons including am1ed conflict, communal conflicts, generalized violence, etc. and where the state authorities are unable or unwilling to protect them. Development-induced Displacement: This refers to a situation where people are compelled to move as a result of policies and projects implemented to supposedly enhance 'development'. Examples of this include large-scale infrastructure projects such as dams, roads, ports, airports, refineries and oil and gas installations. National Policy on Internally Displaced Persons 10 Disaster: In this policy, a disaster refers to an unanticipated occurrence resulting in serious disruption of the functioning of a community or a society causing widespread human, material, economic or environmental losses which exceed the ability of the affected individuals, community or society to cope using their or its own resources. Disaster Management: Disaster Management is the coordination and integration of all activities necessary to build, sustain and improve the capability to prepare for, protect against, respond to and recover from threatening or actual natural or human-induced disasters. Disaster Management can also be defined as the coordination and integration of all activities necessary to build, sustain and improve the capability for disaster prevention, mitigation, preparedness, response and recovery. Disaster-induced Displacement: This category includes displacement of people caused by natural hazards, disasters (floods, volcanoes, landslides, earthquakes), environmental change (deforestation, dese1iification, land degradation, global wanning) and man-made/induced disasters (industrial accidents, radioactivity). Discrimination: In the context of this policy, disc1imination means any disadvantageous distinctions that are based on race, colour, sex, language, religion, political or other opinions, national or social origin, state or local government of origin, indigenous group, property, birth, age, disability or other status of a person. To give advantage or preference to someone on the basis of objective and serious reasons (e.g. particular vulnerability; specific needs not shared by others) rather than those criteria above, does not amount to discrimination even ifthe person concerned possesses them. 11 National Policy oo lntemally Displaced P€!soos Durable Solutions: A durable solution is achieved when internally displaced persons no longer have any specific assistance and protection needs that are linked to their displacement and can enjoy their human rights without discrimination on account of their displacement. This requires comprehensive approach encompassing voluntary return, local integration and relocation elsewhere in the country. Early Recovery: Recovery that begins early in humanitarian settings, that involves multi-dimensional process, guided by development principles and restoration of basic services. Early Warning: Network systems for gathering information on hazards and its use in taking action to better protect the environment and entire population. Emergency: A situation in which lives and property are at risk and outside intervention or unusual initiatives by the group or community affected is needed. Evacuation: This refers to facilitation or organization of transfer of individuals or groups from one area or locality to another in order to ensure their security, safety and well-being. Evacuations are forced if they are ordered and/or enforced by authorities. A forced evacuation is not considered arbitrary or unlawful displacement and thus pennissible if it is done in accordance with the law, absolutely necessary under the circumstances, to protect lives, health or the physical integ1ity of affected persons and to the extent the emergency allows, in proper consultation with the affected population. Forced Eviction: According to the UN Basic Guidelines on Development-based Evictions and Displacement, this refers to acts and/or om1ss10ns involving the coerced or involuntary National Policy on Internally Displaced Persons 12 displacement of individuals, groups and communities from homes and/or lands and common property resources that were occupied or depended upon, thus eliminating or limiting the ability of an individual, group or community to reside or work in a particular dwelling, residence or location, without the provision of, and access to, appropriate forms of legal or other protection. The notion of forced eviction does not apply to evictions carried out both in accordance with the law and in conformity with the provisions of international human rights treaties. Forced eviction does not automatically mean arbitrary displacement, but can be the first step leading to it. Guiding Principles: These refer to the 1998 United Nations Guiding Principles on Internal Displacement, which are recognized as an important international framework for the protection of internally displaced persons. Hazard: This refers to an event or incident which, if it materializes, can adversely affect the survival, security and safety of individuals, households or communities e.g. conflict, epidemics, flood and drought etc. Host Community: This refers to a community that, though not displaced itself, experiences the impact or consequences of displacement, either because it has to host a considerable number of internally displaced persons either in camps, collective centres, infonnal settlements or by directly integrating them into households. It also refers to a community that has to receive and integrate formerly displaced persons who decide to return to their homes and places of habitual residence or who have decided to settle permanently elsewhere in the country. Humanitarian worker: This includes any worker engaged by a humanitarian agency, whether internationally or nationally 13 National Policy oo lntemally Displaced P€!soos recruited, or fonnally or infonnally retained from the beneficiary community, to conduct the activities of that agency. Internal Displacement: According to the Ajhcan Union Convention for Protection and Assistance ofInternally Displaced Persons in Ajhca (Kampala Convention, 2009), "Internal displacement" means "the involuntary or forced movement, evacuation or relocation ofpersons or groups of persons within international~y recognized state borders" {Article 1 (/)] Internally Displaced Persons: According to the African Union Convention for Protection and Assistance of Internally Displaced Persons in Ajhca (Kampala Convention, 2009), the term ''Interna11y Displaced Persons" is defined as ''persons or groups ofpersons 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 ofgeneralized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationa11y recognized State border" [Article 1 (k) J Kampala Convention: This refers to the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa adopted by the special summit of the Union held in Kampala, Uganda, on 22nd October, 2009. Livelihoods: These refer to "the combination of the resources used and the activities undertaken in order to live. The resources might consist of individual skills and abilities (human capital), land, savings and equipment (natural, financial and physical capital, respectively), and formal support groups or infom1al networks that assist in the activities being undertaken (social capital)." Missing Relative: This is the Relative of an IDP whose where about is not known to his or her relatives and/or who, on the basis of National Policy on Internally Displaced Persons 14 reliable information, has been reported missing in c01mection with an armed conflict, natural or human-made disaster, a situation of internal violence or disturbances, illegal or secret detention, crimes or any other situation that may require the intervention of a competent state authority. Non-State Actors: These refer to private actors who are not public officials of the Government of Nigeria, including other armed groups not refe1Ted to in article 1( d) of the Kampala Convention, and whose acts cannot be officially attributed to the Nigerian government. Protection: According to the Inter-Agency Standing Committee on Internally Displaced Persons Protection Policy ( 1999), protection is defined as"... all activities aimed atobtainingfu/ 1 respect for the rights of the individual in accordance with the letter and the spirit of the relevant bodies of law (i.e. human rights law, international humanitarian Law, refugee law). Protection, therefore, involves creating an environment conducive to respect for human beings, preventing and/or alleviating the immediate effects of a specific pattern of abuse, and restoring dignified conditions of life through reparation, restitution and rehabilitation. Reintegration: This means to provide services to assist the displaced into meaningful employment or other fom1s of economic empowerment within society and to stimulate the development of effective service delivery. To provide an adequate standard of living, at the minimum, access to food, water, housing, healthcare, basic education and access to effective mechanisms that restore IDPs' housing, land and property or provide them with compensation in accordance with due process oflaw. Return: Enabling internally displaced persons to voluntarily return to their areas of habitual residence in a safe and dignified manner. 15 National Policy oo lntemally Displaced P€!soos Returnees: These refer to persons or group of persons reh1rning to their communities after displacement by armed conflict, natural or human-induced disasters, situations of generalized violence, forced evictions or human rights violations. Risk: is the probability or likelihood that a hazard will materialise. Sectors: are sectoral groups aimed at strengthening the effectiveness of humanitarian response, particularly by building partnerships; to ensure predictability and accountability by clarifying the division of labour among organisations and better defining their roles and responsibilities. Sexual Abuse: This refers to achml or threatened physical intrusion of a sexual nature, including inappropriate touching, by force or under unequal or coercive conditions. Sexual Exploitation: This refers to any abuse of a pos1t10n of vulnerability, differential power or trust for sexual purposes; including profiting monetarily, socially or politically from the sexual exploitation of another. Sphere Minimum Standards: These refer to internationally acceptable minimum standards for monitoring and evaluating the effectiveness 15 and impact of humanitarian assistance Vulnerability: Vulnerability refers to "the characteristics of a person or group and their situation that injluence their capacity to anticipate, cope with, resist and recoverfrom the impact ofa hazard" (Wisner et al, 2004). It involves a combination of factors that determine the degree to which someone's life, livelihood, property and other assets are susceptible to risk caused by a discrete and identifiable event (or series or cascade of such events) in nature and society. i•The sphere Project (2011): Humanitarian Charter and Minium Standards in Humanitarian Response, Southampton, UK. National Policy on Internally Displaced Persons 16 CHAPTER TWO POLICY THRUST This chapter aims at providing policy framework and scope, rationale/justification, goals, objectives, guiding principles, declaration (vision and mission). 2.1 POLICYFRAMEWORKAND SCOPE This policy provides a framework for national responsibility towards prevention and protection of citizens and, in some cases, non-citizens, from incidences of arbitrary and other forms of internal displacement, meets their assistance and protection needs during displacement, and ensures their rehabilitation, return, re- integration and relocation after displacement. The policy spells out principles guiding humanitarian assistance and implementation of durable solutions in situations of internal displacement in Nigeria. This policy has adopted the human rights-based approach and its principles. The intention is to accommodate, as much as possible, the provisions of existing international conventions, treaties and protocols on internal displacement, guided by the dictates of international humanitarian and human 1ights laws. This policy, therefore, draws extensively on the guidance of international and national frameworks on the prevention of internal displacement, as well as those on protection and assistance of internally displaced persons. The Kampala Convention, the UN Guiding Principles on internal displacement and the Sphere Minimum Standards for Humanitarian Assistance have significantly defined the direction of this policy. 17 National Policy oo lntemally Displaced Pe!Soos The policy, therefore, without prejudice to other ex1stmg frameworks and policy guidelines for protection and assistance of vulnerable populations, specifically seeks to address:

1. All causes of internal displacement as identified m Section ( 1.1.2) of this Policy;

2. All groups of internally displaced persons including those with special needs and vulnerabilities including host communities;

3. All needs of internally displaced persons, including assistance and protection needs, thereby ensuring the realization of the full range of their human rights;

4. All phases of displacement including pre-emergency and relief phases to recovery (rehabilitation, re- integration, return and relocation phases), thereby creating conditions for durable solutions;

5. All levels and arms of government from the local to state and federal levels, including all ministries, depaiiments and agencies of government chai·ged with diverse responsibilities for guaranteeing the rights of internally displaced persons and adequately meeting their assistance and protection needs;

6. All affected areas by opening up the humanitarian space as well as facilitating, coordinating and ensuring safe and secure access by all state and non-state humanitarian actors to internally displaced persons, irrespective of where internal displacement has occurred within the country, National Policy on Internally Displaced Persons 18 including territories not directly under the control of conflicting parties, be they state or non-state actors:

7. All Rights of internally displaced persons as provided under national laws, international human rights and humanitarian laws and other related instrnments relevant for the protection and assistance of IDPs, and which guarantee their fundamental freedoms and claims to a life of dignity;

8. All obligations of State and non-state actors provided for under national law, international human 1ights law, international humanitaiian law and other relevant international and regional treaties to which Nige1ia is a State Party. 2.2 POLICYVISION AND MISSION a) VISION STATEMENT This policy envisions an equitable and stable Nigerian society that is proactive and responsive to situations that could lead to internal displacement, where the right to a life of dignity is guaranteed for all internally displaced persons and where adequate measures and durable solutions exist to prevent and mitigate the impact of internal displacement on vulnerable populations. b) MISSION STATEMENT This policy seeks to provide a framework for national accountability and responsibility to protect, promote and fulfil the rights of internally displaced persons, families and host communities as well as adopt strategic measures for coordinated gender-sensitive response to all types and phases of internal displacement in Nige1ia. 19 National Policy oo lntemally Displaced P€!soos 2.3 POLICY GOAL AND OBJECTIVES The overall goal of this policy is to strengthen institutional mechanisms and framework for the realization of the rights, dignity and wellbeing of vulnerable populations through the prevention of the root causes, mitigation of the impacts and achievement of durable solutions to internal displacement in Nigeria. This policy, therefore, seeks to achieve the following specific objectives:

1. Ensure the establishment of a comprehensive and gender- responsive framework for national responsibility, coordination and collaboration with respect to protection, assistance and other humanitarian interventions related to internal displacement in Nigeria.

2. Provide for the respective obligations, responsibilities and roles of various agencies and institutions of government and non-state actors including communities, civil society organizations, armed groups, international humanitarian and development paiiners or any other relevant actors with respect to the prevention of internal displacement, protection of, and assistance to internally displaced persons in Nigeria;

3. Provide framework that will encourage all humanitarian actors to strive toward ensuring that no displaced person remains in camp or camp-like situation for more than a period of 6-12 months, using the various durable solution options as a key towards implementation.

4. Promote the fundamental human rights of all internally displaced persons and returnees in Nigeria and ensure their participation in processes that have direct impact on their wellbeing as well as ensure maximum access to protection National Policy on Internally Displaced Persons 20 and assistance without any fonn of disc1imination whatsoever;

5. Accentuate the commitment of the Government ofNige1ia to the obligations of state paiiies under various international treaties, conventions and protocols relating to international hw11anitarian law and human rights protection in situations of emergencies and internal displacement, with special attention to the Kampala Convention; and

6. Ensure measures are put in place to hold to account, state and non-state actors including individuals, armed groups, multinationals and other actors, whose actions or in-actions directly or indirectly result in arbitrary displacement of vulnerable populations in Nigeria. 2.4 POLICY GUIDING PRINCIPLES This policy is predicated on a number of general and humanitarian assistance/human rights protection principles enshrined in various bodies of international humanitarian and human rights laws and codes of conduct. 2.4.1 General Principles For the purposes of specificity, the following general principles are cardinal to the effective implementation of this policy:

1. Principle ofRespect for Sovereignty: This policy recognizes that the government of the Federal Republic of Nigeria has the primary responsibility of protecting and assisting its citizens in the event of internal displacement. Where national capacity is inadequate, the government must seek external assistance from the international hw11anitarian community. Where such assistance is being rendered, serving humanitarian agencies must show respect for the 21 National Policy oo lntemally Displaced P€!soos sovereignty, territorial integlity and national unity of the Nigelian state, and operate within the laws of the Federal Republic of Nigeria. However, the Government of Nigeria, while protecting its sovereignty, will ensure that the 1ights, needs and legitimate interests of internally displaced persons would be given plimary considerations.

2. Principle of Gender Equality: This policy upholds the plimacy of gender equality and the equal protection of women's and men's rights in carrying out humanitarian and peace-building activities, paying special attention to the violation of women's rights and the provision of appropriate remedies. While intervening on internal displacement, state and non-state humanitarian actors must ensure equal representation of women and men in peace mediation and decision-making at all levels and stages of humanitarian assistance; and guarantee participation of women's organizations in capacity-building for humanitalian response, rehabilitation and recovery.

3. Principle of Empowerment: Humanitarian assistance to, and protection of internally displaced persons must be provided with the primary objective of saving lives, in ways that support livelihoods, reduce vulnerability to future causes of displacement and support durable solutions. Government agencies and humanitarian actors should, therefore, work to ensure that aid does not undermine local productivity or coping strategies, or disturb norn1al migratory patterns or foster dependency. hlternal displacement prevention and impact mitigating programmes must be carefully planned and implemented in ways that facilitate the link from relief to sustainable development and durable solutions. hlternational humanitaiian actors, in the course of their interventions on internal displacement in Nigeria, should consider working with and through locally existing National Policy on Internally Displaced Persons 22 government agencies and Non-Governmental Organizations as partners in planning and implementation, as well as collaborate and cooperate with relevant government structures where appropriate. They should as much as possible, strengthen local technical and institutional capacity to scale up or replicate such interventions at local and national levels. Strengthening local capacity should also include employing local staff, purchasing local materials and trading with local commodity and service providers.

4. Principle of Participation: Designing, planning, implementation, monitoring and evaluation of interventions targeting internally displaced persons or their host communities must actively involve them at all stages. They must be carried along in decision-making processes, and be duly consulted and informed on decisions related to their relocation, provision of relief, rehabilitation, return, relocation or re-integration. They must also be actively involved in the management of camps, and conscious effort must be made to include women and children in such decision-making processes.

5. Principle of Accountability: Disaster situations offer tendencies for mismanagement, abuse and misappropriation of available funds and resources. The relationship between humanitarian agencies and affected people often mutually reinforces the notion that relief is charity, viewing affected people as passive recipients. Both government, private sector, local and international humanitarian agencies and development partners active in the protection and assistance of internally displaced persons must demonstrate openness and accountability for resources and actions. Prinrnry accountability shall be to the beneficiaries (internally 23 National Policy oo lntemally Displaced Pe!Soos displaced persons and their communities), to the coordinating agency and to the donors, through full disclosure of relevant information and timely reporting. In accordance with the principle of accountability, this policy holds state and non-state actors accountable for their actions or inactions resulting in internal displacement, whether arbitrary in nature, man-made, development-related, due to natural resource exploitation or caused by preventable natural disasters. 2.4.2 Humanitarian Principles In the provision of hun1anitarian assistance and protection to IDPs, humanitarian actors and service providers shall be guided by the following core principles:

1. Principle of Humanity and the Humanitarian Imperative: This policy requires that human suffering of internally displaced persons be addressed in all its forms wherever found. In the event of intervening in preventing or mitigating the impact of internal displacement, affected persons must be treated with dignity, and be seen as human beings and not just some vulnerable hopeless victims of circumstance requiring assistance. The purpose of humanitarian action is to protect life and health and ensure respect for human beings. Humanitarian actors, whether state or non-state, must therefore endeavour to respect the culture, structures and customs of the communities and displaced population with which they work. This p1inciple underscores the right to receive and togive humanitarian assistance.

2. Principle of Neutrality : This policy requires that in the course of protecting and assisting internally displaced persons or providing services, humanitarian actors must National Policy on Internally Displaced Persons 24 maintain neutrality and not take sides in hostilities or engage in controversies of a political, racial, ethnic, religious or ideological nature.

3. Principle of Impartiality and Non-discrimination: In implementing the provisions of this policy, humanitarian action targeting internally displaced populations must be carried out on the basis of need alone, giving priority to the most urgent cases of distress and making no distinctions on the basis of ethnicity, indigenous group, gender, religious belief, social class or political persuasion.

4. Principle ofIndependence: Humanitarian agencies, whether local or international, are required by this policy to act independently and must never knowingly-or through negligence - allow themselves, or their employees, to be used to gather infornrntion of a political, military or economically sensitive nature for governments or other bodies that may serve purposes other than those which are strictly humanitarian, nor act instrumentally in advancing the foreign policies of donor governments that could be injurious to Nigeria. Similarly, the provision of aid must not exploit the vulnerability of victims of internal displacement and be used to further any political or religious objectives. On the other hand, the Government of Nigeria, armed groups and community leaders are obliged to grant unrestricted access by humanitarian agencies to any locations in Nigeria where internally displaced persons are found or are in need of protection and assistance, without undue interference, including areas not directly under their control.

5. Principle ofProtection from Harm and Abuse: In protecting internally displaced persons, humanitarian actors must avoid exposing people affected dming displacement to further ham1; for example, building settlements for displaced people 25 National Policy oo lntemally Displaced Pe!Soos in unsafe areas. This principle is also concerned with protection from violence, force or inducement to act against one's will, e.g. to take up arn1s, to be forcibly removed from a place or to be prevented from moving, or to be subjected to degrading treatment or punishment. It is also concerned with preventing or mitigating physical and psychological harn1, including sexual abuse or exploitation, the spread of fear and deliberate creation of te1Tor or panic. Humanitarian actions should include helping affected people to claim their entitlements and access remedies such as legal redress, compensation or restitution of property, as well as helping people recover from and overcome the effects of abuse - whether physical, psychological,social or economic. This policy requires that in the discharge of their responsibilities as host communities to internally displaced persons, the host communities shall be protected from harm and harmful conduct by the IDPs or other aggressors attacking them on account of their hosting IDPs. In the event of such hostility from IDPs or aggressors to IDPs, host communities shall be protected by the state including but not limited to the prosecution of the IDPs or aggressors responsible for the hostility. National Policy on Internally Displaced Persons 26 CHAPTER THREE RIGHTS AND OBLIGATIONS OF IDPs This chapter seeks to outline the rights and obligations of IDPs consistent with Nigeria's constitutional and treaty obligations. 3.1 RIGHTS OF IDPS Persons affected by displacement situations experience a wide variety of needs in the short, medium and long tem1s. These include food, water, shelter and other essential items, such as security, physical and psychological well-being, assistance in restoring family links, healthcare, education, economic and social rehabilitation. People are especially vulnerable when they are displaced, whatever the cause of the displacement. They are deprived, often brutally, of their ordinary environment, and this directly fureatens their ability to meet their most basic needs, especially when families are tom apart or when relatives are killed or missing. For humanitarian action to be effective, it is of paramount importance to take into account all the needs ofIDPs at every stage of their displacement. Only a comprehensive approach can ensure that assistance and protection - two interlocking aspects of effective humanitarian operations - are provided simultaneously. The needs of IDPs cannot be strictly divided into categories or sectors. 3.1.1 General and Specific Rights

1. All rights contained in tl1e Constitution of Nigeria, statutes and domesticated sub-regional, regional and international human rights and humanitarian treaties, which all citizens of Nigeria are entitled to, shall be applicable to all internally displaced persons in Nigeria. 27 National Policy oo lntemally Displaced Pe!Soos

2. All IDPs have the right to enjoy in full equality, the same rights and freedoms under both international and domestic laws as do all other citizens and persons in Nigeria. However, non-citizens may not be eligible to vote and be voted for in local elections unless the law expressly entitles them to.

3. IDPs shall have:

1. The right to seek safety in another part of the country and be received without discrimination of any kind;

11. The right to leave their country; m. The right to seek asylum in another country; and 1v. The right to be protected against forcible return to or relocation in any place where their life, safety, liberty and/ or health would be at risk.

4. IDPs have a right to request and receive protection and assistance from the state and local authorities and shall not be punished or persecuted for making such a request.

5. Vulnerable IDPs shall have a right to receive protection and assistance required by their condition or special needs. Such vulnerable IDPs shall include children (including separated, unaccompanied and orphaned children),women(including nursing mothers, expectant mothers and female heads of households), persons with disabilities, and the elderly. National Policy on Internally Displaced Persons 28 3.1.2 Rightto Protection from Displacement

1. Every person shall have a right not to be arbitrarily displaced from his or her home or place of habitual residence. All acts of arbitrary displacements as defined in Section 1.2 of this policy are, therefore, specifically prohibited.

2. In situations of eviction, despite due consultations and participation of affected persons, all the following guarantees should be put in place by the government authorities effecting the eviction prior to its execution:

1. A specific decision autholizing the evictions has been taken by the relevant government authority empowered by law to order such measures;

11. An opportunity for genuine consultation with those affected, including public hearings on the proposed eviction plans and alternatives;

3. Adequate and reasonable notice prior to the scheduled date of eviction;

4. The tin1ely provision of inforn1ation in an accessible format on the eviction process, future use of the land and relocation plans for affected persons;

5. The presence of government officials during an eviction;

6. The proper identification and registration of all persons being evicted;

7. The proper identification of all persons carrying out the eviction; 29 National Policy oo lntemally Displaced P€!soos

8. The prohibition of evictions during bad weather or at night;

9. Provision of legal remedies including provision of affected persons and their advocates with opportunities to challenge the eviction decision and/or to present alternative proposals and to articulate their demands and development priorities;

10. Provision of adequate compensation for loss of properties and inconveniences resulting from the evictions based on comprehensive assessment reports; and

11. Provision of legal aid by the Legal Aid Council and other agencies providing pro-bona legal aid services to affected persons, where needed, to seek redress from the courts.

12. In cases of am1ed conflict, displacement of the civilian population for reasons related to the conflict is prohibited, unless the safety and security of civilians involved or imperative military reasons so demand; while in the case of disasters, residents may require evacuation for their safety and health. Should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition. The displacement must be limited in time to that which is necessary to ensure the safety of the population.

13. Displacement shall not be carried out in a manner that violates the rights to life, dignity, liberty, security of the person of IDPs. National Policy on Internally Displaced Persons 30 3.1.3 Rightto Protection and Assistance During andafter Displacement During displacements, in addition to their other ex1stmg rights, IDPs have 1ight to their physical security and integrity, basic necessities, civil and political rights, economic, social and cultural 1ights and right to, or restoration of their property including lands. The right to life shall be fully protected by law. Amongst others, all civilians, including IDPs, shall, under no circumstance, become the target of an attack. During am1ed conflict, their presence should be factored into the proportionality assessment and the precautions that must be taken before and during an attack. IDPs shall be protected in particular against genocide, ethnic cleansing, murder, summary or arbitrary executions, enforced disappearances as well as from threats to commit any of the aforementioned acts. IDPs shall also be protected from acts of violence when they are not participating in hostilities. Starvation shall not be used as a method of combat; IDPs shall not be used as human shields, nor shall land mines or other prohibited weapons be used against them. Specifically, IDPs have the following rights during displacement:

1. Consistent with the right to dignity of persons, as guaranteed by law, IDPs shall be protected against all forms of sexual and gender-based violence, torture, inhuman treatment or punishment, slavery in any form, trafficking in persons, forced labour and acts of violence intended to spread terror among internally displaced persons. 31 National Policy oo lntemally Displaced Pe!Soos

2. The right to liberty and security of every person is guaranteed. No one shall be arbitrarily arrested or detained. !DPs shall not be interned in camps. If confinement is necessary, it shall not last longer than absolutely necessary and warranted by exigencies. Such confinement must cease immediately the necessity or exigency ends. IDPs shall not be taken hostage.

3. Displaced children shall not be recruited as child soldiers or permitted to take part in hostilities. Cruel, inhuman, and degrading practices that compel compliance with recruitment shall be prohibited always.

4. Every Internally displaced person shall have the right to freedom of movement in and out of camps or settlements, and freedom to choose where he/she will reside, unless restrictions on such movement and residence are necessary, justified and prop01iionate to the requirements of ensuring secmity for IDPs or maintaining public security, public order and public health. Restrictions on movement must be temporary and must only be implemented when absolutely necessary. They should be implemented in a non- disc1iminatory manner and should strike a balance between the rights and needs of IDPs (including livelihoods) and security considerations.

5. The right ofIDPs to know the fate of missing relatives is enshrined in this policy. The lead agency under the Human Rights & Protection Sector established by this National Policy in collaboration with The National Commission for Refugees, Migrants and Internally Displaced Persons (where it is not the sector lead), National Policy on Internally Displaced Persons 32 Security Agencies, other relevant authorities and international humanitarian agencies shall endeavour to establish the fate and location of IDPs reported missing, and shall cooperate with international organizations that are engaged in this task. IDPs must be infonned of any progress in this type of investigation. Authorities concerned shall endeavour to collect and identify mortal remains of the deceased, prevent their mutilation and disposal, and endeavour to return those remains to next of kin wherever possible. Grave sites should be protected and marked for easy identification. Except where hostilities may resume due to access to grave sites, such access should be granted.

6. Respect for family unity and life should be guaranteed for all human beings. Proper accommodation should be provided to the greatest extent possible; members of the same family should not be separated. All efforts should be made to reunite families quickly. The relevant IDPs camp management authorities should make all efforts to respond to enquiries by families and should facilitate the work of national and international organizations involved in family reunification. While in camps, IDPs are entitled to the sanctity of nomrnl family relationships.

7. All IDPs shall have the 1ight to an adequate standard of living. At the minimum and without disc1imination, relevant authorities shall provide IDPs with safe access to essential food and water, basic shelter and housing, appropriate clothing, and essential medical services and sanitation; also, gender-sensitive women should be full participants in the distribution of these 33 National Policy oo lntemally Displaced Pe!Soos supplies. Good conditions of safety, nutrition, health, and hygiene should be ensured.

8. All persons (including IDPs) have the right to receive healthcare; therefore, the disruption to healthcare services should be minimized. All wounded and disabled IDPs shall receive medical care to the fullest extent practicable which shall include psychological and social services whenever necessary. Health personnel should be able to provide healthcare safely while safeguarding the legitimate security concerns of fighting forces. Special provision should be made for female healthcare needs. Attention should also be given to contagious and infectious diseases including HIV/ AIDS among IDPs.

9. Every human being including IDPs has the right to recognition as a person before the law. Therefore, the relevant authorities (including the Nigeria Immigration Services, the National Identity Management Commission, Independent National Electoral Commission, Nigeria Police Force, Federal Road Safety Conunission, Local Government Authorities, and any other institution) shall ensure that all IDPs are issued all documents necessary for the enjoyment of their legal rights. This shall include the issuance of passports or other travel documents, national or personal identification documents, drivers' licenses, voters' cards, bi1ih ce11ificates, maiTiage ce1iificates, and other related documents.

10. Authorities should issue replacement documents as required by !DPs without the imposition of unreasonable conditions, such as requiring the return to former residences to obtain such documents. Women and men shall have equal rights to obtain National Policy on Internally Displaced Persons 34 documentation, and to have it issued in their own names.

11. No one shall be arbitrarily deprived of property and possessions. The property and possession of IDPs shall be protected from pillage, direct and/or indiscriminate attacks, being used as shields for military operations, objects ofreprisal, or as a forn1 of collective punishment.

12. IDPs, regardless of whether they live in camps or not, shall enjoy the right to freedom of thought, conscience, religion, belief, opinion or expression;

13. The right to seek employment or participate in economic activities;

14. The right to vote and be voted for in their places of displacement, relocation or return and participate in government or civic affairs; and the right to communicate in a language they understand. IDPs shall also have the right to associate freely with other persons.

15. Every human being has the right to an education. The Education Sector lead under the sector approach established by this policy shall liaise with other relevant education authorities and humanitarian agencies to ensure that all IDP children receive education that shall be free and compulsory at the primary level. Education should respect their cultural identity, language and religion. Special efforts should be made to encourage the full participation of women and girls in educational and training programmes. 35 National Policy oo lntemally Displaced Pe!Soos For the purposes of this Policy and for the avoidance of doubt, anywhere reference is made to the responsibility of State Security agencies to secure the lives of people and property, such agencies shall include but are not limited to the Nigeria Police Force, the Military, the Nigeria Security and Civil Defence Corps, and the State Security Services or other relevant security agencies by whatever name called. 3.1.4 Rights oflnternally Displaced Children. Internally displaced children shall be entitled to the full enjoyment of their rights under the Nigerian C onstitution, statutes and domesticated sub regional, regional and international human rights and humanitarian instruments. Internally displaced children shall, in particular, enjoy their rights under the Child Rights Act and similar laws enacted at the State and local government levels. It has been observed that some children lose their only living parent or both parents during communal conflicts and disasters. This naturally leads to the problem of establishing their true identities. However, in this National Policy, the government hereby asserts as follows: a. That eve1y child has the right to a name and he/she also has a right to be identified with the community ofhis/her birth, where possible. b. That every child has the right to be reunited with his/her family, until all available means are exhausted to locate them. In the event that none of the efforts avail and all means are exhausted, only then can a child be considered as an orphan. c. In the event where no living relative of displaced children are to be found, Government must ensure 36 National Policy oo lntemally Displaced P€!soos that unaccompanied minors are resettled in a safe space under the care and protection of approved or designated organisations. d. To ensure his/her proper upbringing, an internally displaced child that is orphaned could be adopted in the best interest and welfare of the child and in accordance with the law. In such a case:

1. The new parents must ensw·e that he/she attains full educational development as their biological children;

11. That the child shall not be subjected to child abuse;

111. That the child shall be fully integrated into the family and treated equally like other biological children; 1v. That the child shall be entitled to honours such as traditional titles where he/she so merits it, and shall not be discriminated against just because of his/her being an internally displaced child; v. Under no circumstance shall the child be reminded that he/she is adopted from an internal displacement camp; v1. That the adoption of the child is perpetual, not reversible and non-renounceable. e. As an alternative to adoption, and while efforts to locate the family of an unaccompanied or separated child are ongoing, a child could also be fostered and have access to all rights such as education and inheritance under Nigerian Law. National Policy on Internally Displaced Persons 37 f. It is the policy of the government not to discourage internally displaced children from communicating in their native language or any other language of their choice. J. Under no circumstance shall an internally displaced child be used for street hawking, forced labour or any other forms of child exploitation. h. Internally displaced children shall be entitled to good medical care and immunization against diseases that may cause death, retard their growth or affect their general wellbeing.

1. Because of the peculiar situation of internally displaced children, it is the policy of government to ensure their full integration into the society. Internally displaced children shall not be ascribed as belonging to any caste system, such as "Osu","Abiku","Ogbanje". J. This National Policy shall ensure that internally displaced children (persons below the age of 18) are protected against torture, sexual exploitation, drug abuse, as well as early and forced marriage. k. This National Policy shall ensure the protection of children in exceptionally difficult circumstances. This means that a special regime shall be established for the protection of children in such difficult circumstances which shall include but not be limited to orphans, children with health challenges and children with disabilities. I. Internally displaced children are entitled to inhe1it the property of their parents. In case both parents are lost in conflicts, disaster or any other cause in the course of displacement, the Human Rights and 38 National Policy oo lntemally Displaced P€!soos Protection Sector lead agency as established by this policy in conjunction with relevant state and local government agencies shall take adequate measures to ensure that the law protects their orphan status and their inheritance. m. Internally displaced children are entitled to access new or replacement documents, including those necessary for access to education, healthcare and other essential services, such as birth certificates, school certificates and any other necessary official documents. However, where such documentation is not available, this should not prevent the child from accessing these essential services. n. Schools are often destroyed during most disasters; therefore, in order for the Internally Displaced Children to return to school while in displacement, the Education Sector lead agency under the sectoral approach established by this National Policy shall liaise with relevant agencies within the locality to assist in relocating the children to neighbouring schools that are ascertained to be safe. This shall not preclude the building of new schools in the place of relocation. o. It shall also be the responsibility of the Education Sector lead agency under the sectoral approach established by this National Policy to work in conjunction with local and state education authorities to create a conducive leaining environment for Internally Displaced Children by collaborating with UNICEF and otl1er education agencies to provide instructional materials and teaching aids for the schools. National Policy on Internally Displaced Persons 39 p. Where fom1al education facilities are not available, infonnal education options including livelihood skills training should be provided for internally displaced children including through the Alternate School Program (ASP). While providing access to education, specific attention should be paid to girl-child education, as they are most likely to miss out on the basis of gender dynamics. q. The Human Rights, Child Protection and Protection Sector lead agency(ies) under the sectoral approach established by this National Policy shall liaise with UNICEF and other relevant agencies and ministries to ensure the protection and care of displaced children, with particular attention to orphaned, HIV infected/affected and unaccompanied children, as well as child-heads of households and children with disabilities or those with other debilitating conditions. r. The Human Rights and Protection Sector lead agency under the sectoral approach established by this National Policy shall promote children's rights to survival, development, participation and protection, relevant government agencies responsible for child welfare in collaboration with UNICEF and other humanitarian agencies should facilitate the establishment of child-friendly spaces in camps as an essential means for providing integrated care for children. Children who have been traumatised during conflicts or disasters should be provided with appropriate psycho- social support. s. The Human Rights and Protection Sector lead agency under the sectoral approach established by this National Policy shall work closely with relevant agencies and the camp administrators to ensure the safety and secmity of children, including protecting 40 National Policy oo lntemally Displaced P€!soos them from sexual molestation, child labour, abduction byarmed groups, trafficking and forced prostitution. t. The Rights, Child Protection and Protection Sector lead agency under the sectoral approach established by this National Policy shall work closely with the International Committee of the Red Cross, the Nigerian Red Cross Society and other humanitarian agencies to can-y out activities aimed at restoring family links between unaccompanied and separated children and their relatives. 3.1.5 Rightoflnternally Displaced Women Conscious of the fact that women are an especially vulnerable group among IDPs and that some of them have been victims of different forms of indignity and abuse, the Federal Government, through this National Policy, without prejudice to the national gender policy, hereby provides as follows: a. That the sanctity of Nigerian womanhood shall not be violated; b. Internally displaced women shall have the 1ight to their privacy; c. Internally displaced women shall not be subjected to any form of indignity; including beating, forced labour, sexual abuse or exploitation, or forceful stripping either for medical examination or other reasons whatsoever without her consent. In any case, where physical examination is required for medical or security reasons, female IDPs should be examined by female personnel. d. Under no circumstance shall women and men be lumped together in a room except as husbands and wives oras members of the same family. National Policy on Internally Displaced Persons 41 e. It is the policy of government to protect Internally Displaced Women from forced maniage. Thus, nobody shall determine the partner of, or the period within which internally displaced women ought to getmanied; f. Internally displaced women shall be encouraged and entitledtoholdanyposition of autho1ity in !DPs leadership committees without any fonn of disc1irnination, ensming at least 50% representative roles or other leadership positions; g. Internally displaced women shall be free to take micro-credit and other financial assistance with or withoutthe consent of their husbands for economic self-reliance; h. Internally displaced women have the right to own property and dispose the property with or without the consent of their spouses;

1. Internally displaced woman has the right to embark on any forn1 oflawful economic activity of her choice to enhance her well-being and that of her family; j. Internally displaced women are entitled to self- development, particularly in the area of education and skills acquisition. 3.1.1 Right of Internally Displaced Persons with Disabilities All wounded, infinn !DPs and !DPs with disability shall receive medical care to the extent practicable which shall include psychological and social services whenever necessary. 42 National Policy oo lntemally Displaced P€!soos In order to access their rights in displacement camps, persons with disabilities need specific suppo1i due to their peculiar situations related to their disabilities. They may have less access to their rights and the humanitarian assistance provided for IDPs if the following barriers exist: a. Lack of mobility aids; b. Lack of information m a format which they understand; and c. Lack of accessible physical environment. The following needs of Persons with disabilities to enable them access their rights as IDPs should be provided by the relevant sector lead agencies established by this National Policy:

1. Modified Physical Environment: In the construction of camp infrastructure, provision should be made for entrance ramps, non-slipper floors, wide entrances/exits and wide lavatories that can acco1mnodate wheel chairs. Provision of these will aid their access to sleeping areas, conveniences and dispensaries.

2. Assistive/Mobility Devices: Internally displaced persons in need of assistive and mobility devices should be provided with such, including wheelchairs, walking canes, evacuating chairs, walkers, crutches, hearing aid equipment. Provision of these will facilitate their movement and afford them some independence.

3. Trained Personnel & Specialised Medical Care: Internally displaced persons with disability in need of specialised care should be provided with such, including caregivers to assist those with ambulatory problems or intellectual and developmental disabilities. Sign language National Policy on Internally Displaced Persons 43 interpreters are to be provided to aid co1mnunication with the Deaf, physiotherapists especially for those who have newly acquired disability (e.g. amputees) during the crises that displaced them. Persons with mental or psychosocial disabilities should be provided with psychiatrist suppoli.

4. Access to information: All infomrntion should be provided in fonnats that are accessible to IDPs with disability (e.g. converted into Braille for the visually impaired).

5. Children with disabilities: Internally displaced children with disability should be enrolled in nearby special schools that meet their specific needs (e.g. schools for the visual and hearing impaired, mentally challenged, etc.) to protecttheir rightto education.

6. Prioritising persons with disability in service delivery: Persons with disability should be prioritised in water, food and other supplies distribution queues. Where there are persons who cannot afford mobility or are house- bound, mobile distribution systems should be provided to reach them.

7. The National Commission for Persons with Disabilities together with the protection sector lead agencies established by this policy through the sectoral approach should be empowered to carry out activities aimed at restoring the dignity and protection of persons living with disabilities. 3.1. 7 Right of Internally Displaced Persons Living with HIV (PLHIV) Special attention should also be given to contagious and infectious diseases including HIV/AIDS among IDPs. Under no circumstance should persons living with HIV/AIDS or who 44 National Policy oo lntemally Displaced P€!soos have other contagious and infectious diseases be discriminated against either on account of their health conditions or in the provision of social or health services. They have a right not to be discriminated against on any of the above grounds as well as under the 1999 Constitution of Nigeria and other relevant human rights and humanitarian laws. All sector lead agencies established by this National Policy shall mainstream HIV and AIDS into their protection and assistance interventions and shall work in collaboration with relevant government agencies responsible for AIDS control at all levels (National Agency for the Control of AIDS (NACA), State Agencies for the Control of AIDS (SACA), Local Agencies for the Control of AIDS (LACA) and international humanitarian agencies, non-governmental organisations, and local community-based support groups to ensure that:

1. Displaced persons living with HIV have access to purified water and hygienic food and sanitary environment to avoid contaminations which could lead to opportunistic infections caused by their compromised immunity.

2. Displaced persons living with HIV have access to adequate care and support services including psycho- social support.

3. Children orphaned by AIDS are given special attention and care.

4. Displaced persons living with HIV and their families, including children affected by AIDS are not discriminated against or stigmatized in anyway.

5. Displaced persons living with HIV have access to condoms and positive living education, including National Policy on Internally Displaced Persons 45 information on positive prevention to mitigate the risk of infecting their partners or re-infecting themselves.

6. Women living with HIV have access to prevention-of- mother-to child services and information, including family planning, treatment and infant feeding options to avoid infecting their new-born babies.

7. Displaced persons living with HIV have access to treatment, including Anti-Retroviral drugs (ARVs) and treatment for opportunistic infections. Availability of oral rehydration therapy, long-lasting insecticide treated bed nets and water purifying systems shall also be provided to them as a matter of priority and primary importance.

8. Confidentiality of data and inforn1ation on displaced persons living with HIV is maintained and only disclosed with informed consent, to avoid stigma and discrimination. 3.1.8 Rights oflnternally Displaced Elderly Persons Displacement poses serious challenges and infringement on the rights of older persons especially those in their sixties and above. Sometimes, in the flight phase of emergencies, families have to make the painful choice of leaving them behind as opportunity cost for saving children and younger people. Most humanitarian efforts do not plan for or take displaced elderly persons into consideration, and their needs are largely umnet in collective shelters and re-settlement camps. Research has shown that older people are more resistant to displacement, rather preferring to stay behind to protect family assets and livelihoods. This policy recognises the vulnerability of older persons before, during and after displacement, and therefore 46 National Policy oo lntemally Displaced P€!soos guarantees their human rights. All relevant sector lead agencies established by this National Policy shall work in collaboration with relevant government, national and international humanitarian agencies, and civil society organisations to protect and guarantee their rights by ensuring that:

1. Older persons left behind during flight by family members in times of emergency are accessed and evacuated (with their consent) and family unity 1s reinstated as soon as possible;

2. Older persons who choose to stay behind are not stigmatised and are able to benefit from assistance from state authorities;

3. Relevant identification and documentation 1s obtained for older persons in displacement;

4. Land and housing rights of older persons are protected during and after displacement especially for widows and elderly women;

5. The basic needs of older persons in displacement including nutrition, shelter (including mattresses, blankets, warn1 clothing, tent, raincoats, etc.), water, sanitation and specialised healthcare are provided for during and after displacement;

6. Older persons in displacement are re-united with their families and that they are provided with adequate social support systems;

7. Older persons' livelihoods support systems and means of income generation are rebuilt, especially those providing care to younger children whose parents might have been lost prior to or during displacement; National Policy on Internally Displaced Persons 47

8. Older persons in displacement are provided with relevant psycho social suppoli, palliative care and post-traumatic counselling since they are most likely to suffer post-traumatic stress disorders;

9. Transportation and mobility is provided to elderly persons during evacuation and displacement following emergencies, disasters, violence and conflicts or other causes of displacement;

10. Special queues are provided for older people at food distribution and health centres to avoid their being stampeded or pushed down by large crowds struggling for same services on a "survival of the fittest basis;"

11. "Social spaces" are created in camps, collective shelters and host communities where older people can meet to interact, solve problems, share experiences, gain literacy skills, obtain livelihood suppoli and reduce isolation. This gives them social suppoli that helps to restore their dignity and respect within the internal displacement community;

12. Older people have access to official communications and infom1ation disseminated in the camps, by providing information in local dialects and using interpreters to make sure that elderly persons are not left out in planning and delivery of humanitarian services;

13. Water containers are provided in smaller sizes and with handles that can easily be can-ied by older persons;

14. Camp and shelter facilities are accessible and safe for 48 National Policy oo lntemally Displaced P€!soos older persons e.g. provided with rails, non-slippery floors, etc.;

15. Displaced older women are protected from physical and sexual abuse, including all fonns of gender-based violence and discrimination. While the above measures are to protect the rights of older persons and ensure their safety, security and welfare during and after displacement, it is worth noting that older persons are amongst the most willing to return to their places of origin due to the strong ties to their lands, farn1s, homes and property. In pursuing durable solutions, the relevant agencies shall prioritise older persons in the provision of comprehensive return packages for displaced persons to sustain and suppo1i return and relocation as provided for in section 5.1.4 of this policy. 3.1.9 Rights of IDPs during Return, Relocation and Reintegration IDPs shall have the rightto decide if theywantto return to their homes or places of habitual residence, be integrated in the host community, be relocated to another place within the country or seek asylum in another country. State authorities shall support IDPs in making an infonned decision regarding return, local integration or relocation by providing accurate and up to date inforn1ation about the situation in the place of return, local integration and relocation, including in relation to security risks and access to basic services. National Policy on Internally Displaced Persons 49 In addition to any other rights enumerated in any other part of this Policy, IDPs who choose to return, be integrated locally or relocated within the country shall specifically have the following rights:

1. The right not to be disc1iminated against on account of the displacement.

2. The right to participate fully in public affairs, access to public services and to vote and be voted for.

3. The right to own property wherever durable solution has been achieved for them like other Nigerians under the Constitution of Nigeria and other relevant laws.

4. The right to any special or general existing empowennent initiatives of the government. Whether they choose to return or be relocated or re-integrated, IDPs shall be entitled to a comprehensive rehabilitation package with priority given to the elderly. Relevant national sector lead agencies shall therefore ensure that internally displaced persons have access to appropriate packages for return, local integration or relocation based on needs assessment including shelter, food packages, provision of household items and transportation for vulnerable persons with special needs. 3.2 OBLIGATIONS OF IDPs Like all citizens, IDPs have an obligation to be law-abiding citizens. IDPs shall take responsibility for the commission of individual and group crimes during the events leading to displacement and thereafter. Specifically, IDPs shall be responsible for the following:

1. Individual criminal responsibility under national and international law; 50 National Policy oo lntemally Displaced P€!soos

2. Individual criminal responsibility for genocide, war crimes and crimes against humanity;

3. Individual and group crimes of a very serious nature as defined under national and state laws;

4. Respect the culture and nom1s of host communities;

5. Abide by rules and regulations in collective settlements; National Policy on Internally Displaced Persons 51 CHAPTER FOUR RESPONSIBILITIES OF GOVERNMENT, HUMANITARIAN AGENCIES, HOST COMMUNITIES AND ARMED GROUPS TO IDPs This chapter seeks to outline the various responsibilities of government at all levels to prevent internal displacement, protect and ass ist !DPs in Nigeria. 4.1 OBLIGATIONS AND RESPONSIBILITIES OF GOVERNMENT In the eve nt of d isplacement of minor magnitude, the State Governments will take primary responsibili ty; while and in the event of major displacement, the Federal Government will activate all response measures in collaboration with the State Governments. Government at all levels is considered the p rimary duty bearer with the responsib ility of protecti ng and ass ist ing internally displaced persons. Such protection w ill be responsive, i.e. aiming to prevent imminent or stop on-going violations; remedial, i.e. aiming to provide redress (e.g. access to justice, reparation or rehabilitation) for past violations; or environment-building, i.e. aiming at creating the necessary legal and institutional fra mework, capacity and aware ness that is necessary to promote respect for huma n rights of internally displaced pe rsons and prevent future violations. 16 In the above context, international human rights law imposes on government th ree major ob ligations with regards to ensuring the realisation of the righ ts of internally displaced persons:

1. The obligation to respect the human rights of internally displaced persons, i.e. to refrain from actively violating them; 16 IASC /DP Protection Policy 1999: Global Protection Ouster Working Group, Handbookfor the Protection ofInternally Displaced Person~ March 2010, p. 7. 52 National Policy oo lntemally Displaced P€!soos

2. The obligation to protect such rights, i.e. to intervene and take protective action on behalf of the victims of internal displacement against threats by others or stemming from their displaced situation;

3. The obligation to fulfil these rights, i.e. to provide goods and services necessmy to allow internally displaced persons to fully enjoy their rights; and to discharge these obligations without discrimination. In addition, the Kampala Convention imposes on Government the following specific obligations towards IDPs: a. Respect and ensure respect for their obligations under international human rights and humanitarian law, so as to prevent and avoid conditions that might lead to the arbitrary displacement of persons; b. Ensure individual government responsibility to protect all persons against arbitrary displacement; c. Shall declare as offences punishable by law, acts of arbitrary displacement that amount to genocide, war crimes or crimes against humanity. In line with the above obligations, this policy therefore amplifies government commitment to take all necessary actions and put in place strategies and mechanisms for addressing the challenges of internal displacement in Nigeria. This commitment places on government and its relevant ministries, depaiiments and agencies the responsibilities to put in place effective measures and strategies for: National Policy on Internally Displaced Persons 53

1. Preventing all causes of displacement m Nigeria and minimising its adverse effects;

2. Raising national awareness of the problems of displacement, as well as the obligations of state authorities to assist and protectIDPs as set out under the Kampala Convention;

3. Collecting data on the number and conditions of internally displaced persons in Nigeria;

4. Supporting training on the rights of internally displaced persons among all relevant government authorities, host communities and the IDPs themselves;

5. Creating a legal framework for upholding the rights of internally displaced persons including domestication and implementation of the Kampala Convention;

6. Implementing and continuously reviewing a national policy on internal displacement;

7. Creating the institutional framework for effectively coordinating all interventions targeting all phases of internal displacement in Nigeria;

8. Empowering and ensuring that the National Human Rights Commission, Legal Aid Council, security agencies and other relevant agencies adequately integrate internal displacement into their work;

9. Ensuring the active participation of internally displaced persons in decision- making; l 0. Supporting durable solutions from prevention of displacement tolongtenn development goals; 54 National Policy oo lntemally Displaced Pe!Soos

11. Allocating adequate resources to tackling the problem of internal displacement through the various intervening ministries, departments and agencies of government;

12. Seeking and strengthening coop eration with th e international community when national capacity is insufficient to address the challenges of internal displacement;

13. Putting in place measures to protect properties left behind by IDPs;and

14. Mainstreaming protection and protection activities m all multi-sectoral interventions. 4.2 OBLIGATIONS OF HUMANITARIAN AGENCIES 4 .2.1 Compliance with thelaw and Policy Guidelines This policy recognises the important roles that humanitarian agencies play in supporting relevant government authorities to fulfil their obligations to protect and assist internally displaced persons in Nigeria. In the course of discharging their obligations, local and international NGOs, Inter- governmental agencies, UN agencies and all other humanitaiian actors shall carry out their duties in conforn1ity with international law and the laws of the Federal Republic of Nigeria. All humanitarian assistance shall be provided in compliance with the principles of humanity and humanitaiian imperative, viz: neutrality, impartiality and non-discrimination, independence and protection from harn1 and abuse underlying this policy (Section 2.4.2). They shall act in the best interest of the internally displaced persons, and shall be guided by the provisions of this policy and Article 6 of the Kampala Convention. National Policy on Internally Displaced Persons 55 In developing and delivering programmes and services to IDPs, International Humanitarian Organisations operating in Nigeria shall apply localization principles with a view to mainstreaming clear exit strategies. 4.2.2 Code of Conduct and Standard Operating Procedures In providing protection and assistance to Internally Displaced Persons, international organizations and humanitarian agencies shall respect the rights of such IDPs in accordance with the code of conduct and Standard Operating Procedures for workers providing humanitarian protection and assistance as developed by the IDP Focal Coordinating Institution which will be the Ministry of Humanitarian Affairs, Disaster Management and Social Development. Furthennore, these agencies should be encouraged to incorp orate the code of conduct and standards into their respective codes of conduct and staff rules and regulations. Mechanisms to ensure that these standards and principles are promoted, disseminated and integrated into personnel requirements, administrative standards and agreements with paiiners and contractors must also be established. In addition, humanitaiian agencies would have to evolve mechanisms for reporting complaints, investigative procedures and disciplinary processes for ensunng compliance. 56 National Policy oo lntemally Displaced P€!soos 4.2.3 Adherence to Minimum Standards In providing protection and assistance to Internally Displaced Persons, international organizations and humanitarian agencies shall adhere to the Core Sphere "process and people" Minimum Standards that are relevant to each technical sector. These Sectoral Sphere Minimum Standards include:

1. Minimum standards in water, sanitation and hygiene promotion;

2. Minimum standards in food security, nutrition and food aid;

3. Minimum standards in shelter, settlement and non food items;

4. Minimum standards in health services.

5. However, the minimum standards common to all sectors shall include: a. Participation: The displaced population actively paiiicipates in the assessment, design, implementation, monitoring and evaluation of the assistance programmes. b. Initial Assessment: Assessments provide an understanding of the disaster situation and a clear analysis of threats to life, dignity, health and livelihoods to detennine, in consultation with the relevant autl1orities, whether an external response is required and, if so, the nature ofthe response. c. Response: A humanitarian response 1s required in situations where the relevant authmities are unable and/or unwilling to respond to the protection and assistance needs National Policy on Internally Displaced Persons 5] of the population on the territory over which they have control, and when assessment and analysis indicate that these needs are unmet. d. Targeting: Humanitarian assistance or services are provided equitably and impa1iially, based on the vulnerability and needs of individuals or groups affected by disaster. e. Monitoring: The effectiveness of the programme in responding to problems is identified; and changes in the broader context are continually monitored, with a view to improving the programme or phasing it out as required. f. Evaluation: There is a systematic and impartial examination of humanitarian action, intended to draw lessons to improve practice and policy and to enhance accountability. g. A id w o rker competencies & responsibilities: Aid workers possess appropriate qualifications, attitudes and experience to plan and effectively implement appropriate programmes. h. Supervision, management and support of personnel: Aid workers receive adequate supervision and supp01i to ensure effective implementation of the humanitarian assistance programme. 4.3 RIGHTS AND OBLIGATIONS OF HOST COMMUNITIES When displacement occurs, those displaced either relocate on their own to a receiving community that hosts them, or are relocated by govermnent authorities to an alternative location. A number of 58 National Policy oo lntemally Displaced P€!soos reasons determine where people relocate to. Most IDPs displaced by conflicts or disasters will relocate to areas where there is safety, relative stability with little or no violence. Many others relocate to areas where they have a connection to people in the receiving community based on tribal, ethnic, sectarian, or familial affiliations or through existing relationships between people in the community and some of the displaced people. This policy, therefore, recognises and provides for the rights and obligations of such IDP host communities as part of governn1ent measures to achieving durable solutions. 4.3.1 RightsotHostCommunities While internal displacement exposes those displaced to peculiar risks, the commumtles rece1vmg and accommodating displaced persons either on temporary or long-tenn (integration) basis also bear the brnnt of displacement. Most often, interventions have targeted displaced populations and neglected the needs of the host communities. Some interventions even become the cause of conflict and hostility between displaced persons and host communities. It is, therefore, the policy of government to encourage community-based approaches to internal displacement response that take into consideration the responsibilities of government and humanitarian agencies towards protection and assistance of IDP host c01mnunities and the full realisation of their human rights based on adequate needs assessment. The Government of Nigeria and humanitarian agencies have key responsibilities towards respecting, protecting and fulfilling the rights of host communities of internally displaced persons in line with the principles of impartiality and non-discrimination, including the following: National Policy on Internally Displaced Persons 59

1. Socio-economic Rights: a. As part of Conflict prevention and Peace building efforts, relevant sector lead agencies, under the sectoral approach established by this policy, shall collaborate with other intervening agencies to ensure expanded capacity of the host communities' infrastrncture and services to acco1mnodate extra IDP population, including recruitment of more personnel and constrnction of social infrastructure including water supply, healthcare facilities, schools, etc. that will reduce pressure on existing infrastrncture caused by influx of internally displaced persons. b. Host communities are entitled to enjoy literacy and health promotion initiatives targeting !DPs. c. Relevant sector lead agencies shall ensure the expansion of economic opportunities for host communities including employing them as casual staff in relocation camps, provision of slots to benefit from skills acquisition training programmes for !DPs, etc. They should, as much as possible, also be included in income- generating activities and livelihood support programmes targeting IDPs.

2. Host communities have the right to security oflife and property: Relevant sector lead agencies shall ensure support for local community secmity structures to augment efforts of security agencies in host communities, IDP camps and settlements. 60 National Policy oo lntemally Displaced P€!soos

3. Host communities have the right to adequate and appropriate compensation: Relevant Sector lead agencies shall ensure adequate and appropriate compensation of host communities by relevant authorities for land used as camp sites for fom1al settlement of IDPs.

4. Right to food security : Local fanners in the host commumtles shall be entitled to adequate agricultural support by the Agriculture sub-sector of the Food Aid and Agriculture sector established under the sectoral approach in this policy. This will boost local food production and mitigate the impact of influx of IDPpopulation on food security.

5. Right to safe environment: Support use of improved fuel stoves, establish tree nurseries and promote environmental education and preservation programmes that will curtail deforestation and cutting down of trees for firewood in IDP Camps.

6. Right to quality health: a. Promote environmental sanitation activities including construction of Ventilated Improved Pit (VIP) toilets in host communities. b. Ensure immunisation of children in both host communities and IDP camps to ensure that they are protected from communicable diseases. c. Expand HIV/ AIDS prevention and treatment programmes targeting !DPs to benefit host communities.

7. Right to information: Ensure that host communities are involved in the discussions with the authmities and incoming !DPs regarding the identification of best solutions. They should remain informed at all times about activities which affect them. National Policy on Internally Displaced Persons 61 4.3.2 Responsibilitiesof Host Communities Host communities are impo1iant stakeholders in the protection and assistance of internally displaced persons, and therefore have the obligation to cooperate and collaborate with government efforts in:

1. The provision of adequate security and safety for internally displaced persons settled or resident m their communities;

2. The promotion of harn10ny and integration of internally displaced persons, and shall not prevent them from accessing social services available within their communities including education, healthcare, water and sanitation and other social amenities;

3. Ensuring that internally displaced persons resident in their communities are not discriminated against on the basis of ethnicity, religion or culture, and shall not exploit their displacement or vulnerability including differential charges for services or commodities (e.g. house rents, school fees, etc.);

4. The provision of safe space for IDPsin the community, and where land is required for construction of relocation or temporary shelter, shall provide same to government through negotiations with relevant government and humanitarian agencies;

5. Ensuring access by humanitarian agencies, non- governmental organisations or government officials providing assistance and support to !DPs in their c01m1mnities;

6. Restoring the environment during the emergency and recovery phases of the displacement;

7. Allowing !DPs the freedom to express their cultural, religious and political beliefs without undue 62 National Policy oo lntemally Displaced Pe!Soos discrimination, molestation or inhibition;

8. Not limiting the lawful movement ofIDPs within, into or out of their community, or prevent their access to any part of their community; and

9. The accommodation of !DPs in existing schools, or the evaluation of extra spaces needed, and communication of such needs to relevant government authorities to ensure that they are able to attend school. 4.4 OBLIGATIONS OF SECURITY AGENCIES: While recognising the critical role played by armed conflicts and armed groups in causing internal displacement in Nigeria, the provisions of this policy shall not, in any way whatsoever, be construed as affording legal status or legitimizing or recognizing armed groups. These policy's provisions on the obligations of anned groups are without prejudice to the individual criminal responsibility of the members of such groups under domestic or international criminal law. In the event of arn1ed conflicts, members of anned groups shall abide by the provisions of Article 7 of the Kampala Convention of 2009. By this provision, they are under obligation not to:

1. Carry out arbitrary displacement;

2. Hamper the provision ofprotection and assistance to internally displaced persons under any circumstances;

3. Deny internally displaced persons the right to live in satisfactory conditions of dignity, security, sanitation, food, water, health and shelter; and separating members of the same family;

4. Restrict the freedom of movement of internally National Policy on Internally Displaced Persons 63 displaced persons within and outside their areas of residence;

5. Recruit children or requiring or pem1itting them to take part in hostilities under any circumstances;

6. Forcibly recruit persons, kidnapping, abduction or hostage taking, engaging in sexual slavery and trafficking in persons especially women and children;

7. Impede humanitarian assistance and passage of all relief consignments, equipment and personnel to internally displaced persons;

8. Attack or othe1wise haim humanitarian personnel and resources or other materials deployed for the assistance or benefit of internally displaced persons and shall not destroy, confiscate or diveli such materials; and

9. Violate the civilian and humanitarian character of the places where internally displaced persons are sheltered and shall not infiltrate such places. 64 National Policy oo lntemally Displaced Pe!Soos CHAPTER FIVE POLICY IMPLEMENTATION FRAMEWORK AND STRATEGIES This chapter aims at outlining the broad implementation strategies, institutional mechanism for coordination and collaboration and necessary legal framework to back up the policy. 5.1 BROAD STRATEGIES In order to execute the provisions of this policy, there shall be developed in consultation with all stakeholders including IDPs, international humanitarian agencies and civil society organisations a comprehensive displacement management and implementation framework - CDM IF (which incorporates provisions of the national disaster management framework and social protection policy), from which the various sectors and institutions shall derive their annual costed plans. There shall also be developed comprehensive monitoring and evaluation framework with clear indicators to assess the progress in the implementation of the CDMIF. In implementing this Policy, a number of broad strategies shall be adopted including the following:

1. Strategies for Prevention of Internal Displacement a. The relevant agencies and sector leads shall put in place measures to protect the rights of individuals and communities including protection from forced evictions. b. MINISTRY OF HUMAN ITARIAN AFFAIRS, DISASTE R MANAGEMENT AND SOCIAL DEVE LOPMENT TO COORDINATE NEMA AND ITS OTHER AGENCIES AND DEPARTMENTSto ensure adequate and comprehensive implementation of the National National Policy on Internally Displaced Persons 65 Contingency Plan and National Disaster Management Framework including: i. Establishment and activation of early warning systems; ii. Strengthening of coping mechanism for community resilience against the hazard, and preventing possible escalation; iii. Deployment of Disaster Risk Reduction strategies targeting vulnerable populations and communities- at-risk; iv. Building the capacities of communities on Participatory Vulnerability Analysis (PVA) to enable communities develo p their local emergency preparedness and response plans; v. Establishment and enforcement of accountability mechanisms including legal frameworks that will hold individuals, institutions and multi-national entities accountable for actions or inactions resulting directly or indirectly in displacement of vulnerable populations; vi. Ensure that relevant public authorities are informed about their obligations under international human rights and humanitarian Law and are instructed to respect these bodies of law; vii. Deployment of Conflict Prevention and Mitigation strategies that will minimise or eliminate various types of conflicts that displace people and entire communities; viii. Development and implementation of measures that will prevent ecologica l and environmental degradation including climate ch ange and desertification which could cause displacement; and ix. Promotion of good governance and reduction in poverty so as to reduce people's vulnerability to displacement. 66 National Policy oo lntemally Displaced P€!soos

2. Strategies for Protection and Assistance of IDPs During Displacement: MINISTRY OF HUMANITARIAN AFFAIRS, DISASTER MANAGEMENT AND SOCIAL DEVELOPMENT TO COORD INATE NCFRM I AND ITS OTHER AGENCIES AN D DEPARTM ENTS, in collaboration with relevant actors TO regularly t rain persons involved in the evacuation of !DPs or in the management of !DP camps on their obligations vis-a-vis !DPs: a. Creation of mechanisms for coordinated management and administration of !DP camps which include !DPs in the decision making process; b. Measures to protect family unity during displacement, including to ensure that fam ilies can reside together during displacement and facilitate activities a imed at tracing and reunifying separated family members; c. Profiling of !DPs and Data collection for planning of humanitarian assistance and protection interventions in accordance with natio n al, regional and international standards on protection of personal data, including the principles of consent, confidentiality, legality, fairness and use of data for the specific purpose; d. Other measures and strategies as may be adopted by humanit arian actors t owards protection and assistance of internally displaced persons; e. Mechanisms for effective prot ection of !DPs communities from the effects of natural disasters, violence and armed conflicts and for ensuring their unimpeded access to humanitarian assistance; and f. Mechanisms for effective participation of !DPs in the provision of protection and assistance services. g. Mechanisms for prompt activation of local and international humanitarian assistance coordination sectors to respond to displacements; h. Provision of relief materials and assistance in line with National Policy on Internally Displaced Persons 67 the Sphere Minimum Standards for Humanitarian Assistance in all relevant sectors; i. Special protection and assistance provided for women, children, the elderly, persons with disabilities and persons living with HIV/ AIDS, in conformity with their rights as laid out in Chapter three of this policy.

3. Strategies for Rehabilitation of IDPs: a. Provision of Counselling and Psychosocial Support services; b. Provision of business sensitization and skills acquisition trainings for IDPs; c. Restoration of economic livelihoods and food security; d. Pe ace - bu i Id i n g and conflict mediatio n / reconciliation; e. Issuance or re-issuance of documentation; and f. Remedies for IDPs who have suffered from human rights violations.

4. Strategies for Return, Relocation and Local Integration of IDPs: a. Ensure that IDPs make voluntary and informed decisions to return and other practices are not employed that would entice an otherwise unprompted return (e.g. monetary incentives, threats of loss of benefits, disruption of assistance at location of displacement); b. Provision of comprehensive packages, including start- up grants for IDPs who are returning, relocating or integrating locally, based on needs assessments; c. Ensure that IDPs are provided with accurate, detailed and up-to-date information (in a language that they understand) regarding the situation in the place of return, relocation or integration, including and in relation to: 68 National Policy oo lntemally Displaced P€!soos i. Access and security, including the size of the secured area; ii. The existence oflandmines, (IEDs) Improvised Explosive Devices or (UXOs) Unexploded Ordnance and other impediments to safe and dignified return, relocation or local integration; iii. The possibility to resume their regular activities (e.g. farming), viewed in conjunction with the safety in the area; iv. The degree of damage or destruction to public and pr ivate buildings; v. The existence of services (shelter, food, health, sanitation, water, education) prior to their return (and not the promise of the futu re provision of such services); xi. Documentation requirements; and xii. Transportation to the place of return, relocation or integr ation.

5. Sensitisation of communities in areas ofreturn, relocation or local integration: a. Recovery and restoration of lands, houses and other property left behind by IDPs during displacement; b. Ensuring safety and security prior to, during and after return; c. Ensuring that family members are not separated during the return, relocation or integration; d. Reconstruction of shelters and settlements lost during displacement; e. Provision of sustainable livelihood opportunities; f. Restoration of social services, infrastructure and amenities; g. Activation of social protection measures and safety net mechanisms; and h. Communication in advance to humanitarian National Policy on Internally Displaced Persons 69 organisations that are providing services to !DPs, regarding planned movements of those !DPs. 5.2 ACHIEVING DURABLE SOLUTIONS TO INTERNAL DISPLACEMENT The overriding aspiration of this policy is to achieve durable solutions to the problem of internal displacement. According to the Inter-Agency Standing Committee {IASC) Framework on Durable Solutions for Internally Displaced Persons, a durable solution is achieved when internally displaced persons no longer have any specific assistance and protection needs that are linked to their displacement and can enjoy their human rights without discrimination on account of their displacement. A number of criteria determine to what extent a durable solution has been achieved. All government agencies with responsibility for protecting and assisting internally displaced persons and other local and international humanitarian actors will, therefore, put in place measures to ensure that all internally displaced persons achieve a durable solution and can enjoywithoutdiscrimination the following:

1. Long-term safety, security and freedom of movement;

2. An adequate standard of living, including at a minimum, access to adequate food, water, housing, healthcare and basic education;

3. Access to employment and livelihoods;

4. Access to effective mechanisms that restore their housing, land and property or provide them with adequate compensation;

5. Access to and replacement of personal and other documentation lost during displacement; 70 National Policy oo lntemally Displaced P€!soos

6. Voluntary reunification with family members separated during displacement;

7. Par ticipation in public affairs at all levels on an equal basis with the resident population;

8. Effective remedies for displacement-related violations, including access to justice, reparations and in formation about the causes of violations. 5.2.1 Rehabilitation of the Environment of Host Communities The search for any of these durable solutions for internally displaced persons should be understood as a gradual, often long-term process of reducing d isplacement-specific needs and ensuring the enjoyment of human rights without discrimination. Ach ieving durable solutions is, therefore, a complex process that addresses human rights, humanitarian, development, reconstruction and peace-building challenges, requiring the coordinated and timely engagement of different actors. In seeking durable solutions, intervening agencies must avoid creating dependence and facilitate return as soon as conditions permit, by providing aid that is adequate but not creating living conditions of a higher standard than those in the IDPs' areas of origin which could become an incentive for not seeking voluntary return or relocation. 5.3 INSTITUTIONAL MECHANISM FOR COORDINATION AND COLLABORATION Prior to the creation of the Federal Ministry of Humanitarian Affairs, Disaster Management and Social Development (FMHADMSD), an assessment of internal displacement response coordination mechanism in Nigeria showed that there were systematic gaps in National Policy on Internally Displaced Persons 71 assistance, protection and some other sectors for intervention at the various phases of displacement, and most agencies take unilateral and mandate-based decisions on their involvement which usually lack accountability. This is further complicated by the fact that there was no designated focal coordinating agency with clear leadership responsibilities or accountability to assess and coordinate a comprehensive response. As part of its implementation framework, this Policy provides for an institutional mechanism for coordination and collaboration, including the establishment of a framework, designation and strengthening of lead internal displacement coordination Ministry, creation of humanitarian coordination sectors and prescription of terms of reference for sector lead agencies. This framework for inter- agency collaboration and coordination is to ensure more predictable funding, strengthened coo r dination mechanisms, be tter preparedness measures and improved common services. 5.3 .1 Designation of an IDP Focal Coordinating Ministry The FEDERAL MINISTRY OF HUMANITARIAN AFFAIRS, DISASTER MANAGEMENT AND SOCIA L DEVELOPMENT shall be the focal coordinating institution to provide overall leadership for the coordinating of all humanitarian issues, (including IDPS), formulation of policy framework and its implementation with the following responsibilities:

1. Advising the President, Government and inter governmental agencies and donor partners on IDP policy issues;

2. Promoting Donor commitment to IDP response by organizing missions, liaising on an ongoing basis on developments, achievements and funding requirements for humanitarian interventions;

3. Mobilising relevant authorities at Feder al, State and 72 National Policy oo lntemally Displaced P€!soos Local Government levels to fulfill their roles and responsibilities regarding !DPs issues;

4. Organising and maintaining relationship with relevant national authorities (M DAs) and if required, provision of appropriate advice and capacity support. National authorities are the primary actors in programming for displaced persons and must have the capacity to do so. Where they lack the capacity, FM HADMSD must liaise with the relevant UN agencies and international organisations to provide assistance as required to the relevant MD As;

5. Ensuri ng that the integration of approaches for protecting and assisting displaced persons and host communities are mainstreamed into the policies and practices of relevant agencies, ministries and local authorities;

6. Undertaking comprehensive multi-agency situational analyses, using participatory assessment methodologies to identify threats to the rights of the displaced (and host) populations and assess protection risks, assistance gaps, resources and opportunities available within the displaced and host communities as well as those offered by the national and international players;

7. Identifying, mobilising and coordinating camp management agencies and other sectoral partners, ensuring that there is co-ordination among other sectors;

8. Ensuring that assessment, protection activities, programme delivery and camp management are all conducted through community-based approaches and with an age, gender and diversity perspective;

9. Evaluating the performance of humanitarian agencies and addressing issues related to under-performing National Policy on Internally Displaced Persons 73 agencies, misuse of assets and strong religious agenda, in an objective and transparent manner;

10. Monitoring and regularly reviewing on an ongoing basis, the development, implementation and evaluation of protection mechanisms and assistance programmes;

11. Identifying and promoting best practices in humanitarian protection and assistance, including harmonising protection/assistance standards between camps taking into consideration the host communities;

12. Developing and ensuring compliance (by all government, CSO and humanitarian agency workers) to clear guidelines, Standard Operating Procedures (SOPs) and codes of conduct for working with various groups of !DPs including women, children, the elderly, and persons with disabilities;

13. Ensuring Collaboration between Civil and Security actors through the CISEC framework;

14. Creating internal displacement coordination sectors (herein referred to as sectors), prescribing the composition and responsibility of each technical sector in addition to or in modification of the sectors recommended in this National Policy; and

15. Designating a lead agency for each of the sectors in this National Policy and such other sectors that may be created or modified in furtherance of this National Policy. In designating a lead sector agency, the FMHSDMSD shall have regard to the mandate, capacity and capability of other relevant agencies; The FMHADMSD shall constitute an !DP Inter-Agency Coordinating Committee (IACC) comprising heads of the various Ministries, Departments and Agencies identified in the broad Institutional framework (see 74 National Policy oo lntemally Displaced P€!soos Section 5.4) that shall meet from time to time to plan and oversee operations related to assistance and protection of IDPs during and after displacement. Decisions relating to designation of sector leads and functions shall be made by the FMHADMSD in consultation with the IACC. Pursuant to this, at the Ministerial level, the IACC shall be known as the National Humanitarian Coordination Committee (NHCC), while at the technical level, it will be known as National Humanitarian Coordination Technical Working Group (NHCTWG) that will act as a think- tank and provide advice on such issues referred to it. 5.3.2 Establishment of Internal Displacement Coordination Sectors:

1. This policy has adopted a sectoral approach to Nigeria's internal displacement response to improve the predictability, speed, effectiveness, leadership, coordination, collabo ration and accountability of the national humanitarian response in the various sectors.

2. It is envisaged that each sector will have a lead agency, and all sector leads will need to co-ordinate their efforts under the lead of the designated !DP Focal Coordinating Institution to ensure the system's over- all delivery within its sector.

3. In each functional sector wher e the combined response of the sector members and agencies cannot meet the needs, a lead agency (sector lead) will coordinate the efforts of all organizations active in any sector, to assess needs and improve national response capacity.

4. "Sector" leads are to provide a "first port of call" in each sector for any Humanitarian Coordination in planning National Policy on Internally Displaced Persons 75 and implementing responses to an emergency or displacement. Similarly, in the event of a lack of actors and capacity on the ground, the lead agency for each sector would seek to mobilize the necessary resources and additional players while remaining, in effect, "a provider of last resort". Though the aim of the sector-lead approach is to provide predictability and accountability in response to humanitarian emergencies, responsibilities and accountability accrue not only to the sector lead agency, but also to each member of a "sector".

5. Other sector members would accept the lead agency (ies) as equal partner(s) in performing sectoral functions, with the sector lead agencies being primus inter pa res under the overall auspices of the /DP Focal Coordinating Institution.

6. Sectors and their leads will have among their priority tasks to ensure capacity-building (national and local) and the setting and monitoring of standards and best practices, in addition to improving the speed, quality and coverage of emergency response in specific situations.

7. The following sectors are hereby established and recommended for coordination of humanitarian assistance and protection of internally displaced persons, and as may be modified and added by the /DP Focal Coordinating Institution: a. Food Aid and Agriculture Sector, b. Camp Coordination, Management and Administration Sector, c. Human Rights and Protection Sector, d. Health and Nutrition Sector, e. Education Sector, f Water, Sanitation and Hygiene(WASH) Sector, 76 National Policy oo lntemally Displaced P€!soos g. Logistics and Communications Sector, h. Emergency Shelter and Non-Food Items Sector, and i. Early Recovery and Livelihood Sector. Table 1: Coordination Sector Matrix IDP Management: Sector Leads and Co Leads Table S/N Sectors Lead Co-Lead / Technical Support

1. Coordination Ministry of Humanitarian OCHA Affairs, Disaster Management and Social Development

2. Protection National Human Rights UNHCR Commission/ National Commission For Refugees, Migrants and Internally Displaced Persons Child Protection Ministryof Women Affairs UNICEF Gender-Based Violence Ministry of Women Affairs UNFPA

3. Nutrition Ministry of Health UNICEF

4. Education in Emergency Ministry of Education UNICEF

5. Camp Coordinationand Camp National Emergency !OM Management ManagementAgency

6. Emergency Shelter National Emergency !OM ManagementAgency

7. Water, Sanitation and Ministry of Water Resources UNICEF Hygiene

8. Health Ministry of Health WHO

9. Durable Solutions NationalCommission for UNHCR Refugees, Migrants and Internally Displaced Persons

10. Logistics National Emergency WFP Management Agency

11. Security Nigeria Police Force /NCDC UNDSS

12. Information Management Ministry of Information OCHA

13. JdentificationData FMHADMSD/Ministry of UNHCR Communicationsand Digital Economy

14. Registration FMHADMSD Federal Ministry OCHA of Budget and National Planning National Policy on Internally Displaced Persons 77 5.3.3 Terms of Reference for Sector Coordination Leads In its efforts to strengthen system-wide preparedness and technical capacity to respond to humanitarian emergencies, and to ensure that there is predictable leadership and accountability in all the main sectors or areas of humanitarian activity targeting internally displaced persons, sector leads will have the primary responsibility of ensuring a more coherent and effective response by mobilising groups of agencies, organizations and CSOs to respond in a strategic manner across all key sectors or areas of activity. The /DP Focal Coordinating Institution - with the support of OCHA and UNHCR - shall retain responsibility for ensuring the adequacy, coherence and effectiveness of the overall national internal displacement response. Sector leads shall have the following core responsibilities:

1. Inclusion of key agencies and relevant humanitarian partners: Ensure inclusion of key agencies and humanitarian pa1iners for the sector, respecting their respective mandates and programme priorities;

2. Establishment and maintenance of appropriate humanitarian coordination mechanisms: Ensure appropriate coordination with all humanitarian partners (including national and international organisations, humanitaiian agencies and CSOs), through establishment and maintenance of appropriate sectoral coordination mechanisms, including working groups at the national and, if necessary, local levels;

3. Secure commitments from humanitaiian partners in responding to needs and filling gaps, ensuring an appropriate distribution ofresponsibilities within the 78 National Policy oo lntemally Displaced Pe!Soos sectoral group, with clearly defined focal points for specific issues where necessary;

4. Ensure the different humanitarian actions targeting !DPs are complimentary;

5. Promote emergency response actions while at the same time considering the need for early recovery planning as well as prevention and risk reduction concerns;

6. Ensure effective links with other sectoral groups;

7. Ensure that sectoral coordination mechanisms are adapted over time to reflect the capacities of local actors and the engagement of development partners;

8. Represent the interests of the sectoral group in discussions with the Humanitarian Coordinator and other stakeholders on prioritization, resource mobilization and advocacy;

9. Coordination with national/local authorities, State institutions, local civil society and other relevant actors;

10. Ensure that humanitarian responses are built on local capacities;

11. Ensure appropriate links with national and local authorities, State institutions, local civil society and other relevant actors (e.g. security agencies) and ensure appropriate coordination and information exchange with them.

12. Participatory and community-based approaches: Ensure utilization of participatory and community based approaches in sectoral needs assessment, analysis, planning, monit01ing and response.

13. Attention to priority cross-cutting issues: Ensure the integration of agreed priority cross-cutting issues in sectoral needs assessment, analysis, planning, monito1ing and response (e.g. age, diversity, environment, gender, HIV/AIDS and human rights); National Policy on Internally Displaced Persons 79

14. Contribute to the development of appropriate strategies to address these issues;

15. Ensure gender-sensitive programming and promote gender equality, by ensuring that the needs, contributions and capacities of women and girls as well as men and boys are addressed;

16. Needs assessment and analysis: Ensure effective and coherent sectoral needs assessment and analysis, involving all relevant partners;

17. Emergency preparedness: Ensure adequate contingency planning and preparedness for new emergencies and displacements;

18. Planning and strategy development: Ensure predictable action within the sectoral group for identification of gaps;

19. Developing and updating agreed response strategies and action plans for the sector and ensuring that these are adequately reflected in overall country strategies, such as the Comprehensive Displacement Management and Implementation Framework (CDMIF), drawing lessons learned from past activities and revising strategies accordingly;

20. Developing an exit, or transition, strategy for the sectoral group;

21. Application of standards: Ensure that sectoral group participants are aware of relevant policy guidelines, technical standards and relevant commitments that the Government has undertaken under international human rights law;

22. Ensure that responses are in line with existing policy guidance, technical standards, and relevant Government human rights and legal obligations;

23. Monitoring and reporting: a. Ensure adequate monitoring mechanisms are in place to review impact of the sectoral 80 National Policy oo lntemally Displaced P€!soos working group and progress against implementation plans; b. Ensure adequate reporting and effective infonnation sharing with due regard for age and sex disaggregation;

24. Advocacy and resource mobilisation: a. Identify core advocacy concerns, including resource requirements, and contribute key messages to broader advocacy initiatives of the IDP Focal Coordinating Institution and other actors; b. Advocate for donors to fund humanitarian actors to carry out priority activities in the sector concerned, while at the same time encouraging sectoral group participants to mobilise resources for their activities through their usual channels;

25. Training and capacity building: a. Promote and support trammg of staff and capacity building of humanitarian partners; b. Support efforts to strengthen the capacity of the national authorities and civil society;

26. Provision of assistance or services as a last resort: a. Sector leads are responsible for acting as the provider of last resort (subject to access, security and availability of funding) to meet agreed priority needs and will be supported by the IDP Focal Coordinating Institution in their resource mobilization efforts in this regard; b. This concept is to be applied in an appropriate and realistic manner for cross-cutting issues such as protection, early recovery and camp coordination. Humanitarian actors who participate in the development of common humanitarian action plans are expected to be National Policy on Internally Displaced Persons 81 proactive partners in assessing needs, developing strategies and plans for the sector, and implementing agreed priority activities. Provisions should also be made in sectoral groups for those humanitarian actors who may wish to participate as observers, mainly for information-sharing purposes. 5.4 BROAD INSTITUTIONAL FRAMEWORK Al~D IMPLEMENTING AGENCIES The following institutions shall integrate the responsibilities for protection and assistance of internally displaced persons into their core mandates, and shall perfom1 such roles as required by the sector arrangements to which they shall be assigned under the sectoral approach established by this policy:

1. FEDERAL MINISTRY OF HUMANITARIAN AFFAIRS, DISASTER MANAGEMENTAND SOCIAL DEVELOPMENT,

2. Federal Ministry of Women Affairs,

3. Federal Ministry oflnformation and Culture,

4. Federal Ministry ofWater Resources,

5. Federal Ministiy of Health,

6. Ministry of Communication and Digital Economy,

7. National Commission for Refugees, Migrants and Internally Displaced Persons,

8. National Emergency Management Agency,

9. State Emergency Management Agencies,

10. National Human Rights Commission,

11. Office of the National Security Adviser,

12. Nigeria Security and Civil Defence Corps,

13. National Agency for the Prohibition of Trafficking in Persons,

14. Institute for Peace and Conflict Resolution,

15. International Institute for Tropical Agriculture,

16. Ministry of Enviromnent 82 National Policy oo lntemally Displaced P€!soos

17. Ministry of Youth and Sports Development

18. UN Agencies,

19. The Nigerian Red Cross Society,

20. National Population Commission,

21. Ministry of Budget and National Planning,

22. Small and Medium Enterprises Development Agency,

23. Civil Society Organisations,

24. Private Sector Institutions/Organisations,

25. International Humanitarian Organisations,

26. Mass Media,

27. Ministry ofinterior,

28. Ministry of Justice,

29. Industrial Training Fund,

30. National Directorate of Employment,

31. Special Duties Office (OSGF),

32. National Drng Law Enforcement Agency,

33. Bank of Agriculture,

34. Bank of Industry,

35. Relevant Sectors, Ministries, Depaiiments and Agencies, and

36. Nigeria Police Force. 5.5 FRAMEWORK FOR INTERNATIONAL COOPERATION This policy provides for a framework for cooperation between the government of Nigeria and international humanitarian agencies, donor partners, international non- governmental organisations and human rights institutions committed to the protection and assistance of internally displaced persons. To this regard, the policy provides for the clear roles and responsibilities on the part of government and international humanitarian actors. National Policy on Internally Displaced Persons 83 5.5.1 The Roles ofthe Government The government of Nigeria, through the FMHADMSD shall:

1. Liaise directly with the Humanitalian Country Team (HCT) established by the United Nations System in Nigeria through the office of the Resident/Humanitarian Coordinator to develop integrated plans of action in the event of displacement;

2. Seek for technical assistance and support from the international humanitarian community including humanitarian agencies; development partners, international non-governmental organisations and human rights agencies, especially where national capacity for providing adequate protection and assistance to affected persons and communities in any of the phases of internal displacement is insufficient;

3. Cooperate, where appropriate, with IDP focal points of ECOWAS, the African Union and international organizations or humanitarian agencies and civil society organizations, in providing protection and assistance as well as finding and implementing durable solutions for sustainable return, local integration, relocation and long-tern1 reconstruction;

4. Request for activation of global humanitarian clusters of the international humanitarian community when the situation exceeds local capacity to respond;

5. Designate sectoral focal persons who shall liaise directly with co1Tesponding national sector leads and global cluster leads of the international humanitarian agencies and donors to ensure coordinated response 84 National Policy oo lntemally Displaced P€!soos to all phases of internal displacement from pre- emergency to durable solutions;

6. Cooperate with humanitarian agencies, civil society organizations and other relevant actors to devise early warning systems, in areas of potential displacement, establish and implement disaster risk reduction strategies, emergency and disaster preparedness and management measures and, where necessaiy, provide immediate protection and assistance to internally displaced persons;

7. Recognise the right of international humanitarian organizations and other appropriate actors to offer their services in support of the internally displaced. To this regard, the government shall not regard such offers of assistance as unfriendly acts or interference in internal affairs and shall consider them in good faith to the extent to which they do not undennine the country's sovereignty;

8. Provide unrestricted access and not withhold consent thereto without serious and objective reasons, and accept external assistance, paiiicularly when local agencies and relevant authorities concerned are unable or unwilling to provide the required humanita1ian assistance or protection;

9. Liaise with all national authorities concerned to grant and facilitate for international humanitarian organizations and other appropriate actors, in the exercise of their respective mandates, rapid ai1d unimpeded access to internally displaced persons to assist in their rehabilitation, return, relocation and local integration;

10. Respect the independence and operational autonomy of international humanitarian actors, and shall not unduly interfere with their internal affairs and modus National Policy on Internally Displaced Persons 85 operandi, as long as they operate within the ambits of local and international laws. 5.5.2 The Roles of Regional, International Humanitarian and Development Actors Where international humanitarian agencies, development partners and International Non-governmental Organisations (INGOs) are involved in providing assistance and protection in the event of internal displacement, they shall:

1. Collaborate directly with the corresponding national sectoral leads established under the sectoral approach in this policy to execute actions in a way that strengthens local capacity and maximises use of available human, financial and material resources;

2. Give due regard to the protection needs and human rights oflDPs and commit to the principles underlying this policy including the principles of humanity and humanitarian imperative, neutrality, impartiality and non-discrimination, independence and respect for national sovereignty; and

3. Commit to the obligations of humanitaiian actors prescribed by the Kampala Convention (A1iicle 6) and responsibilities defined in this policy (Section 4.2). Fundamental to this is compliance with the national and international laws and guidelines for protection and assistance of IDPs, adoption of international best practices, adherence to internationally acceptable codes of conduct and standard operating procedures for protection and delivery of humanitarian assistance services, and compliance with the Sphere Core Minimum Standards for humanitarian assistance across all sectors. 86 National Policy oo lntemally Displaced P€!soos 5.6 LEGAL FRAMEWORK This National Policy is predicated on and inspired by Nigeria's human rights and humanitarian law obligations pursuant to the Nige1ian Constitution, statutes and relevant sub-regional, regional and international treaties which Nigeria has either ratified or domesticated. These include the Kampala Convention (which Nigeria has ratified) and the UN Guiding P1inciples on !DPs (which incorporate the rights of individuals and groups in both peace and armed conflict situations). Accordingly, and in light of the imperative need to bolster the legal framework for the protection and assistance of !DPs in Nigeria, the Nigerian government shall take the following policy actions:

1. Domesticate the Kampala Convention on the Protection and Assistance ofIDPs;

2. Comply with its international obligations under the Kampala Convention and other relevant human rights and humanitarian law instruments;

3. Ensure, monitor and evaluate the progressive implementation of the Kampala Convention (as domesticated);

4. Amend the existing laws of relevant national institutions to accommodate !DPs or enact a separate domestic law on the protection and assistance of IDPs; and

5. Liaise with local and state governments to enact relevant laws on the protection and assistance ofIDPs having regard to respective legislative competences under the Nigerian Constitution. National Policy on Internally Displaced Persons 87 CHAPTER SIX FUNDING, MONITORING, EVALUATION AND POLICY REVIEW This chapter seeks to outline the financial resource mobilisation strategies, monitoring and evaluation frameworks of the policy. 6.1 FUNDING MECHANISMS AND RESOURCE MOBILISATION Funding and resource mobilisation for humanitarian purposes including support for prevention and all phases of displacement shall include a number of mechanisms, including:

1. Joint Humanitarian Funding Mechanisms: There shall be, established, a joint humanitarian fund under the FMHADMSD. During complex emergencies, disasters and displacements irrespective of the cause, the FMHADMSD shall oversee the process to annual Joint Appeal Process (JAP). This entails formulating a Joint Humanitarian Action Plan (JHAP) based on the CDMIF. This JHAP shall be a joint strategy analysing the political, social and security situation of the particular situation or crisis; projecting short-term and long- term humanitarian needs; assessing the capacities of the agencies involved in addressing these needs; and proposing a common set of objectives, actions and indicators for success. A JAP, then, sets out the specific projects and resources required to meet these objectives. Together, these documents serve as the primary tool to mobilise resources at the field level. The joint humanitarian fund shall serve as a joint donor basket for humanitarian agencies to furnish in preparation for interventions. All intervening donor agencies should be encouraged to contribute a minimum of 5% of their resources for intervention into the joint humanitarian funding basket 88 National Policy oo lntemally Displaced P€!soos that shall be deployed on need basis by the FMHADMSD, in consultation with the Inter-Agency Coordination Committee (IACC). The President/FEDERAL GOVERNMENT shall provide seed funds into the Joint Humanitar ian Funding Basket to jump- start critical operations, and fund life-saving programmes that are not yet funded.

2. Flash Appeal Funding Mechanisms A shorter Flash Appeal can also be prepared to enable more rapid resource mobilisation and response, although agencies and organisations can also apply for bilateral funding.

3. Grants and Loans Funding Mechanisms In addition, the Office of the Humanitarian Affairs Coordination of the Presidency could access grants and/or loans available from the UN Central Emergency Response Fund (CERF) and other AU emergency and IDP contingency funding mechanisms to support activities to respond to rapid onset or under-funded emergencies and displacement.

4. Individual Institutional and Agency Funding Mechanisms Various government and humanitarian agencies shall use their internal funding mechanisms including budgetary allocations to ensure that there are adequate resources for responding to their various sectoral responsibilities in the respective sectors. 6.2 MONITORING AND EVALUATION A policy implementation strategic framework and plan of action will be developed, with a clear monitoring and evaluation framework by FMHADMSD. There will be established clear benchmarks for assessing the level of implementation of this policy, and a special monitoring and evaluation unit will be National Policy on Internally Displaced Persons 89 established in the FMHADMSD that shall serve as an IDP databank and clearing house. Monitoring shall be directed at ensuring complian ce with the policy guidelines, frameworks and scope, whilst evaluation will aim at determining the extent of achievement of policy goals and objectives, benchmarks and targets. These processes help in determining the progress and effectiveness of policy implementation effor ts related to key outcomes for the Nigerian IDPs. In keeping with the policy thrust of the National Policy on IDPs, there shall be established under the FMHADMSD:

1. A National IDP Data Collection and Information System for the collection, analysis and dissemination of data to relevant stakeholders on the plight, needs, volume, trend and impact of internal displacement on IDPs, democracy, national security and host communities.

2. The Data Collection and Information System shall be jointly coordinated by the Federal Ministry of Communication and Digital Economy and the FMHADMSD in constant consultation with other federal, state and local government agencies as well as CSOs and inter -governmental bodies. 6.2.1 Government responsibilities in this regard would include:

1. The practical implemen tation of all treaty and constitutio n al ob li gat ions towa r ds the IDPs, par ticularly, the AU Kampala Convention to which Nigeria is a party;

2. The preparation of periodic and national repor ts on the state of internal displacement and its impact on IDPs in Nigeria;

3. The development of a 5-year strategic implementation framewo rk of this policy by the NHCC; and 90 National Policy oo lntemally Displaced P€!soos

4. The conduct of periodic evaluation of the attainment of policy targets and strategies for durable solutions. 6.3 POLICYREVIEWPROCESS The National IDP Policy shall be reviewed periodically but not later than five years by the FMHADMSD with a view to making necessary improvements. The review process will be democratic and inclusive and involve wide-range consultations and discussions with all the stakeholders, especially the implementing government agencies, international humanitarian agencies, donor partners, international NGOs, civil society organizations, IDPs and host communities. National Policy on Internally Displaced Persons 91 REFERENCES

1. The Draft National Policy on !DPs in Nigeria, September 2011.

2. The AU Kampala Convention (2009) on the Protection and Assistance to !DPs.

3. The UN Guiding Principles on Internal Displacement.

4. IDMC, Geneva, 2011 Global Overview on People Internally Displaced by Conflict and Violence.

5. The National Emergency Management Agency Act, 1999.

6. The National Commission for Refugees Act, 1989.

7. The Nigerian Red Cross Society Act, 1960.

8. The 1999 Constitution of the Federal Republic of Nigeria.

9. The 2011 Communique of the First ECOWAS Ministerial Conference on !DPs and Humanitarian Affairs in West Africa, Abuja.

10. Brooklyn Institution, Washington DC, (2010): IASC Framework on Durable Solutions for Internally Displaced Persons.

11. The Sphere Project, Southampton, (2011): Humanitarian Charter and Minimum Standards in Humanitarian Response. 92 National Policy oo lntemally Displaced P€!soos FEDERAL MINISTRY Of HUMAl'HTARJAN AFFAIRS, DISASTER MANAGEMENT And SOCIAL DEVELOPMENT o Federal Secretariat Phase I, Central Business District. Abuja o@FMHADMSD https://www.finhds.gov.ng Published By: TONEM PUBLICITY AHOPIJBUCA110N SLID. Tel:08033116385, 080$6810713, Abuja_