Does the Kampala Convention Suffice? Imperatives for an Adequate Legal Protection of Internally Displaced Persons in Nigeria: Lessons from Other Jurisdictions

Abstract

Finding a lasting solution for internal displacements in Nigeria through an adequate legal framework has been elusive and challenging, as it is a problem that has bedeviled the country since it was first experienced in the late ‘60s. Nigeria has witnessed large-scale displacements within national boundaries because of armed conflicts, communal violence, human rights violations, and other natural or man-made disasters, leaving vulnerable groups the greatest casualties. Domestication of the Kampala Convention has been advocated as a panacea for adequate protection and assistance of the internally displaced people, especially in Africa. This article, however, argues that while the Kampala Convention may be a panacea, there are imperatives drawn from the laws of other African countries and the UN guidelines on protection, which must form part of the normative framework of a good IDP law, even if the Kampala Convention is not domesticated. Using comparative analysis and doctrinal methods, this article explores the UN guidelines for the protection of IDPs and the IDP laws of other African countries and finds that there is a systemic normative imperative, consistent in the legal framework of these countries, gleaning from their unique experience of internal displacement. This paper, therefore, recommends that Nigeria draws from these findings to develop a viable IDP law for the protection of internally displaced persons in the country.