AN APPRAISAL OF THE LEGAL FRAMEWORK OF THE NATIONAL EMERGENCY MANAGEMENT AGENCY (NEMA) IN THE PROTECTION AND ASSISTANCE OF INTERNALLY DISPLACED PERSONS (IDPs) IN NIGERIA


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TABLE OF CONTENTS

Title page
Abstract
Table of Contents
Table of Statutes
Table of Cases
List of Abbreviations

CHAPTER ONE
GENERAL INTRODUCTION
1.1       Background to the Study
1.2       Statement of the Problem
1.3       Aim and objectives
1.4       The Scope of the Research
1.5       Methodology
1.6       Justification
1.7       Literature review
1.8       Organizational Layout

CHAPTER TWO
CONCEPTUAL CLARIFICATIONS OF KEY TERMS
2.1       Introduction
2.2       Nature of the Concept of internal displacement
2.3       Types of Internally Displaced Groups and their Specific needs
2.4       Nature of conflicts induced Disasters in Nigeria
2.5       Management of Conflicts in Nigeria
2.6       Nature of Natural Disasters in Nigeria
2.7       Impacts of the disaster on individuals, communities and States

CHAPTER THREE
THE ROLE OF NATIONAL EMERGENCY MANAGEMENT AGENCY (NEMA) IN THE PROTECTION AND ASSISTANCE OF INTERNALLY DISPLACED PERSONS
(IDPs) IN NIGERIA
3.1       Introduction
3.2       Brief Background Information on Nigeria
3.3       History of Disaster Management in Nigeria
3.4       The  Mandates  of  the  National  Emergency Management  Agency  under  the  National Emergency Management Agency Act 1999
3.5       The National Emergency Management Agency's Coordination Mechanism across the country
3.6       Existing  Policies  and  Plans  Complimenting  the  National  Emergency  Management Agency Act.
3.7       Implementation of Disaster Management Cycle: Mitigation, Preparedness, Response and Recovery in the Assistance of internally displaced persons
3.8       Roles of Stakeholders in the Protection and Assistance of Internally Displaced Persons

CHAPTER FOUR
OVERVIEW OF THE INTERNATIONAL STANDARDS IN THE PROTECTION AND ASSISTANCE OF INTERNALLY DISPLACED PERSONS
4.1       Introduction
4.2       Implementation of International Legal Standards in the Protection and Assistance of internally displaced persons
4.3       Legal implications of violation of International Human Rights (IHR) and International Humanitarian Rights Law (IHRL) during armed conflicts (Conflict induced displacement)
4.4       Enforcement of the Fundamental Rights of displaced persons in Nigeria
4.5       Nexus between the National Emergency Management Agency (NEMA) Act, the Kampala Convention and the Guiding Principles on the protection and assistance of Internally Displaced Person
4.6       Cooperating with the International Community in Developing Policy Guidelines, Systems and Procedures for Disaster Management in Nigeria
4.7       Disaster Profile of Nigeria
4.8.      Data on the Disaster Incidences in Nigeria and National Response to the Plight of internally displaced persons
4.9       Judicial Mechanisms used in handling matters in relation to Internal Displacement; resettlement, housing, compensation, reconciliation

CHAPTER FIVE
SUMMARY AND CONCLUSION
5.1       Summary
5.2       Observations
5.3       Recommendations
            Bibliography



ABSTRACT


This thesis entitled: An Appraisal of the Legal Framework of the National Emergency

Management Agency (NEMA) in the Protection and Assistance of Internally Displaced Persons (IDPs) in Nigeria is aimed at examining the constitutive legal instruments guiding the National Emergency Management Agency in the protection and assistance of Internally Displaced Persons in Nigeria, through the study of other constitutive International instruments and standards on this subject matter. The justification for this research is the concern for the plight of the displaced persons in the last five years which has been criticized by research experts and international bodies on various grounds such as; the unwillingness of Government to take bold significant measures to address the problems of internal displacement till date, lack of long term strategic planning, implementation and evaluation framework by key Institution and, the prevalence of corruption which to a large extent disrupts humanitarian efforts, among others. However, in the course of this research, the findings of the researcher (among others) revealed that there is no specific National Legal Framework on the Protection and Assistance of displaced persons in Nigeria apart from the general provisions of fundamental human rights provided in the Nigerian Constitution which is a legal right of every citizen. On this note, the objective of this research is to principally address the gaps and inadequacies in our national laws under which the National Emergency Management Agency operates. Thus in the final analysis, the researcher concluded by recommending that apart from the general legal provisions which directly or indirectly touches on the protection and assistance of internally displaced persons,, there should be specific provisions guiding the protection and assistance of the affected population as a legal basis for which the Government and the relevant institution and stakeholders can be held directly accountable for where they do not meet the required standard. There should also be an expansion of the National Emergency Management Agency Act to equip the Agency to go beyond conducting comprehensive disaster management around the country to providing durable solutions for internally displaced persons.




CHAPTER ONE

GENERAL INTRODUCTION

1.1              Background to the Study

Generally, the problem of protecting and assisting Internally Displaced Persons (IDPs) is

not a new issue. In Nigeria and other parts of the world, internally displaced persons are amongst

the most vulnerable populations. This is because they remain inside their own countries, and they

rarely    receive    the   assistance    and   protection   afforded   refugees   under   International   Law.1

Moreover, as many of the displacements are as a result of civil conflict and violence, the

vulnerability of the displaced persons is heightened, as it becomes difficult for the States to

implement the required special protective measures needed for the displaced persons. At such

times, there is usually no local authority willing to provide assistance and protection during the

displacement as well as during return or resettlement and reintegration.

The General Principles on Internal Displacement by the United Nations defines internally

displaced persons as:

persons 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 of generalized violence, violations of human rights or natural, human-made disasters, or large scale development projects and who have not crossed an internationally recognized state border2.

The term; „internally displaced persons‟ is not specifically covered in the United Nation‟s

Conventions. It is however, used by the International community to describe people who have

fled their homes for reasons similar to refugees, but who remain within their own national......


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