Charting A Better Path for Refugees

Ugo Aliogo examines the efforts of United Nations High Commission for Refugees (UNHCR), development partners, Non-Government Organisations (NGOs), and policymakers to raise awareness about the rights and obligations of refugees as enshrined in the 1951 Geneva Convention

A recent report released by the United Nations High Commission for Refugees (UNHCR) revealed that in 2020, one in every 95 people on earth fled their home as a result of conflict or persecution (above one percent of the world’s population). The report also stated that at least 82.4 million people (IDPs and refugees) were forced to flee their homes as a result of persecution, conflict, violence, human rights violations, and events seriously disturbing public order, among them are nearly 26.4 million refugees, around half of whom are under the age of 18.

These numbers are quite disturbing judging with the fact most countries have implemented strict border control measures and strengthened immigration laws to ensure that refugees who come through land borders are allowed in the country. For 70 years, the Refugee Convention has been protecting people forced to flee. The convention was drawn up to address the impact of conflict and persecution; it is as relevant today as it was in 1951.

As a frontline agency in addressing the challenges of refugees globally, UNHCR recently organised a symposium to commemorate of 70 years of the 1951 convention on refugees. A core principle of the refugee convention is non-refoulement. The convention asserts that refugees should not be returned to a country where they face threats to their life or freedom. The refugee convention enshrines an ancient, fundamental and universal human right-the right to seek asylum.

The symposium provided an opportunity for policy makers, development partners, and Non-Governmental Organisations (NGO) to chart a course for refugees globally. The discourse brought to the front burner the depressing conditions facing refugees in countries of refuge, what should be done to address these challenges and the rights of refugees.

To set the ball rolling, the Deputy Representative, (Protection) United Nations High Commissioner for Refugees, (UNHCR), John Mckissick, stated that with the rise of repressive governments across the world, the numbers of refugees were increasing because they have been forced to leave their homes due to persecution, conflict, and human rights violation.

He hinted that the situation doesn’t look good and refugees and Internally Displaced Persons (IDPs) are likely to remain for a longtime.

He lauded Africa countries for ratifying the1951 refugees’ convention and the 1967 protocol, adding that the 1969 Africa Union (AU) provides the protection regimes for refugees so that they are able to enjoy the right to asylum.

According to him, “Receiving refugees is not a difficult task in Africa and countries are receiving refugees. Refugees are forced to flee because of persecution and conflict; neigbouring countries in Africa receive, protect and assist them. I think for the most part, the conventions are being upheld although as we heard today, there are some isolated cases where the provisions of the convention are violated so it is the job of UNHCR to ensure that countries that ratify the convention are implementing it to the latter of the law.

“In Nigeria, I feel the conversation should not end in implementing the provisions of the convention, but also Nigeria government should implement legislation that protects the rights of refugees. Aside from the isolated cases, for the most part, if Camerounians in Nigeria don’t pose a security threat to the country, they should be given refugees status, if they have documentation, though UNHCR is still registering them. We have not finished the job yet; many of them are in remote communities. We are working with the government to find and register them. We will ensure that we provide them with the assistance they need so that they can live here and find jobs and get the freedom of movement, health, and education until such a time that is safe for them to go back home.

“It will be good to reverse the national legislation and include all forcibly displaced persons such as IDPs. So technical works need to be done on the revisions of the national act.”

Legal rights

In his remarks, Human rights lawyer and activist, Femi Falana (SAN), explained that Nigeria has a very comprehensive law for the protection of refugees such as the National Commission on Refugees’ Act 2004, noting that the law is a domestication of the United Nation Convention of 1951 as well as the Africa Union (AU) Refugee Convention of 1969.

Falana remarked that Nigeria law is clear on who is a refugee, “and the majority of the refugees in the country are politically victimised people or who fear that their lives are at stake”.

He advised the federal government to show leadership and take care of the 73,000 refugees in the country, adding that majority of those refugees are from Cameroun.
Speaking on the political crisis in Cameroun, Falana hinted that the Nigerian Government cannot pretend that all is well in the French-speaking country, and urged them to intervene.

According to him, “Regarding the crisis in Cameroun, the government of Nigeria cannot pretend that all is well in Cameroun. There was a judgment delivered in 2006 in which the people of Southern Cameroun sued the government of Nigeria to intervene and they signed terms of settlement that Nigeria was going to take up the crisis in Southern Cameroun at the level of the UN General Assembly. In South Sudan, there is also the violation of human rights and this has led people to flood into Nigeria, so the government must also act on their behalf in a way that you can have this problem resolved politically and amicably.

“We don’t need to amend the law to accommodate the rights of refugees; once you have entered Nigeria either seeking asylum or as a refugee, you are also entitled to the rights and privileges of a Nigerian. You cannot be expelled from Nigeria without going through due process. Article 12 of the African Charter states that anybody who enters any African country can be deported without going through due process and that is what is playing out in Benin Republic where our ambassador has already prepared a plane for Igboho to be brought back to Nigeria, but the government of the country has refused, stating that he must be tried in their court of law.”

FG’s position

The Federal Commissioner, National Commission for Refugees, Migrants and Internally Displaced Persons, (NCFRMI), Mrs. Imaan Sulaiman-Ibrahim, lauded the United Nations and the international community, particularly, the States parties to the Convention, for the successes and sustenance of the 1951 Convention on refugees and its 1967 protocol.

She explained that the convention remains the chief regulatory instrument for international refugee protection, adding that without the convention, other regional and national instruments on refugee protection would have been non-existent, “the convention charted the course for others national laws for refugees, to follow.”

Sulaiman-Ibrahim, who represented at the event by her Special Assistant, Stephen Mediayedu, noted that the National Commission for Refugees Establishment Act, and the 1969 OAU Convention, which governs specific aspects of Africa Refugee problems exist today because of the 1951 Convention.

She also stated that in some States that are not a party to the Convention, the commission is playing host to refugees, such as Bangladesh, which hosts over 1 million Rohingya refugees ride on the guiding light of the tenets of the convention.

She further argued that the three traditional durable solutions to the global refugee problems of voluntary repatriation, local integration, and resettlement have recorded milestone successes as countries of origin, “have witnessed successful voluntary returns of displaced citizens from countries of asylum in safety and indignity”.

She posited that some refugees have been uprooted and resettled in many different developed countries to begin a new life, adding that many refugees, especially those in protracted situations have been locally integrated into the host communities.

According to her, “Under the local solution strategy in Nigeria, the Federal Government has abolished the encampment policy, hence refugees are either in transit settlements like those in Benue and Cross Rivers States or live in the host communities like those in Taraba State. This is in keeping with the tenets of the Global Compact for Refugees (GCR) on burden-sharing.

“There are some challenges with the implementation of the convention by States, but they are not insurmountable. Poor or lack of political will and commitment is one. The deleterious effects of climate change have engendered human movements that would otherwise not have happened. The phenomenon of insurgency, communal clashes, banditry, political instability, and separatist tendencies due to discontent with central Governments in Africa and some Arab countries, are cases in point. Inadequate funding of programmes and projects that would provide durable solutions to refugees and the effects of COVID-19 Pandemic bear mentioning.

“I would like to state that since the NCFRMI was created in 1987 as Nigeria’s agency mandated to coordinate all issues relating to refugees and migration as well as providing succour to internally displaced persons in Nigeria, the Commission has been providing and will continue to provide support and promote initiatives that will impact positively our Persons of Concern (PoCs). Indeed, as of May 2021, Nigeria has been a very friendly and accommodating host to about 71,400 Refugees and 1,600 Asylum-seekers. On almost weekly basis, an average of 300 persons cross over to Nigeria, through unmanned borders points, from the Cameroon, as refugees. A good number of them are unregistered.”

Refugees, IDPs and Returnees

The Federal Ministry of Finance, Budget, and National Planning, in 2020 made a special provision for NCFRMI in the designing of Economic Sustainability Plan so as to ease the implementation of key actions relating to refugees and Internally Displaced Persons (IDPs).

One of the key economic sustainable plans is the commencement of the building of Resettlement Cities (400 units of 2 bedroom flats) in Borno, Edo, Zamfara, Katsina and Kano States (first phase) for Returnees and IDPs towards ensuring durable solution for their shelter needs.

The projects for the establishment of migrants/refugees resource centers transit camps in critical locations, establishment of learning centers in IDP camps, upgrade and expansion of zonal offices and field offices and establishment of appropriate PoC database have been included in the 2021-2025 Medium Term National Development Plan.

Solution

The NCFRMI boss stated that Nigeria maintains positive protection environment by ensuring the integrity of the asylum system in line with international legal instruments and freedom of movement for refugees; maintaining its open-door policy; and promoting legal pathways to durable solutions.

She also noted that Nigeria is facilitating access to birth registration and the enrolment of refugees, IDPs, and returnees into the national identity management system to stem the risk of statelessness and facilitate access to services.

Sulaiman-Ibrahim remarked that federal government has been at the forefront of ensuring regional approaches to addressing issues that cause forced displacement through ECOWAS and Lake Chad Basin Commission, “the Third Regional Protection Dialogue on the Lake Chad Basin held in 2020 focused on conflict resolution and peace building”.

In her words, “Action on the repeal and replacement of the National Commission for Refugees (NCFR) Act to incorporate the protection of migrants and internally displaced persons under its mandate have been concluded and awaiting Presidential assent. Domestication of the Kampala Convention relating to refugees and IDPs have been concluded and incorporated in the new NCFR Act.

“The draft National IDPs Policy has undergone desktop review by an Inter-Agency Ministerial Committee. It is awaiting the approval of appropriate authorities: The Federal Executive Council. The reviewed policy encapsulates the concerns of emerging actors in the humanitarian and social welfare sector. In February 2021, the Central Bank of Nigeria (CBN) issued a directive to Banks and Financial Institutions to recognize refugee identity cards issued by NCFRMI and UNHCR, and Convention Travel Document (CTD) issued by NCFRMI and Nigeria Immigration Service (NIS) to facilitate their identification for opening of bank accounts thereby ensuring access to financial services in Nigeria.

“In the first Quarter of 2021, NCFRMI became licensed to facilitate enrolment of refugees on the National Identity Number (NIN) as required by the Government through the National Identity Management Commission (NIMC). In collaboration with UNHCR in Nigeria, NCFRMI established her presence and involvement in the strategic locations of the country through opening of three new field offices in Takum, Adikpo, and Ogoja in Taraba, Benue, and Cross River States for smooth registration exercise of the Cameroonian refugees and asylum seekers, particularly.”

“At least, 13 protection officers were deployed to each of the new field offices in early December 2020 to strengthen the continuous registration exercise and monitoring.

“The Federal Government in collaboration with UNHCR in Nigeria has embarked on sensitization campaigns and advocacies with relevant senior security officials, State Government officials, traditional rulers, host communities, refugees’ leaders and Civil Society Organizations on how best to receive and treat refugees and asylum seekers in Nigeria,” Sulaiman-Ibrahim said.