Internally Displaced Persons (IDPs) and the - PowerPoint Presentation

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Internally Displaced Persons (IDPs) and the

Threat of Disenfranchisement In 2015

ELECTIONS FACTSHEET

Humanitarian and relief groups believe that the priorities of IDPs, particularly those in temporary camps, are food, health, protection, water, sanitation and hygiene. However, the voting rights of IDPs in the upcoming general elections has been elevated by many as being equally important. There are concerns that the IDP crisis would have distorted INEC’s register of voters in the affected areas, and that consequently, displaced eligible voters would be excluded from the elections, as they would be unable to fulfill INECs new voting requirements. Following INECs stipulation that a voter must return to his/her registration unit to vote with their Permanent Voter’s Card (PVC), it would be practically impossible for displaced voters to return home to vote as some of the registration or polling locations have been overtaken by insurgents and thereby rendered unsafe.

 It is crucial for the government to collate reliable IDPs figures and develops a credible database inside and outside the various camps to enable INEC verify and consequently make provision for each of them to vote. Although the National Emergency Management Agency (NEMA) has revealed that it has registered about 700,000 IDPs in Borno, Adamawa and Yobe States alone with many more coming into the camps daily, it appears the figures only reflect IDPs staying in camps and not those staying with family or friends or residing in host communities.Based on figures released by NEMA to the media, the table below shows a breakdown of recorded IDPs in the three North-Eastern States where the insurgency is at its worst.Source: http://www.thisdaylive.com/articles/nema-we-have-registered-700-000-idps-in-borno-yobe-and-adamawa/194584/

Vol. I : No. VII

The issue of voting rights of internally displaced persons (IDPs) has been on the front burner of elections discourse as Nigeria prepares for the 2015 general elections. It is no longer news that the country is faced with a crisis of IDPs owing mainly to insurgency in the North-Eastern States as well as reported communal conflicts in States like

Taraba

, Plateau, Kaduna, Benue and Nasarawa. The insurgency has not only caused many to flee their homes and take up shelter in IDP camps, but have also resulted in a massive influx of people into neighbouring States, including the FCT.

STATES/COMMUNITIESISSUE (S)APPROXIMATE FIGURES OF AFFECTED PERSONSBorno (Konduga, Bama, Damboa, Uba, Askira, Gwoza, Chibok, Izghe, Kawuri, Kukawa, Mafa, Dikwa)InsurgencyAbout 402, 039Yobe (Gujba, Gulani)InsurgencyAbout 116, 198Adamawa (Maiha, Mubi, Gulak, Basa, Michika, Madagali)InsurgencyAbout 160, 536Slide2

Printed with support from www.situationroom.placng.orgAs part of its efforts to address this issue, INEC’s Chairman, Prof. Attahiru Jega, recently revealed that the Commission has launched measures to ensure IDPs are allowed to vote during the 2015 elections by, among other things, engaging the Institute for Peace and Conflict Resolution (IPCR) to undertake a study to determine the number of IDPs, especially in the States under emergency rule, with the aim of registering them in their new domicile so they can participate in the elections. Furthermore, in a recent meeting convened by the Commission to discuss the IDP crisis on Monday, 18th November 2014, suggestions were made to the electoral body to ensure that the right of IDPs to vote is safeguarded by ensuring an adequately secure environment, temporary return to home constituencies with sufficient logistic support and, establishment of special precincts using voter lists from the IDPs home constituencies. The Commission was also advised to consider and expect loss and destruction of identity documents, issues of safety, possibility of electoral fraud, political bias or duress as issues that may arise during the implementation stage.

 Currently, there are no provisions in the Electoral Act 2010 (as amended) protecting the right of displaced persons to vote or making specific provisions to ensure voting. However, there seems to be a ray of light here with the National Assembly’s recent attempt to address this lacuna. On Thursday, 19th November 2014, a bill seeking to amend section 42 of the Act to establish polling units for internally displaced persons in their respective camps nationwide was introduced in the Senate. Analysts however worry that given the slow process of passing bills in Nigeria, this amendment to the Electoral Act may not come through. While commending this move by the Senate, it is important to note that Nigeria is party to existing conventions and protocols protecting the rights of displaced persons such as the African Union (AU) Kampala Convention On Protection and Assistance of Internally Displaced Persons. Article 9 (1) (a) of the Convention provides that State Parties shall protect the rights of internally displaced persons regardless of the cause of displacement by refraining from, and preventing discrimination against such persons in the enjoyment of any rights or freedoms on the grounds that they are internally displaced persons.Nigeria is also party to the United Nations Guiding Principles On Internal Displacement which says in Principle 22 (1) (d) that IDPs, whether or not they are living in camps, shall not be discriminated against as a result of their displacement in the enjoyment of the right to vote and to participate in governmental and public affairs, including the right to have access to the means necessary to exercise this right without imposition of stringent conditions. Similarly, Chapter 3.1.3 (j) (k) and (m) of the National Policy on IDPs in Nigeria requires INEC and other named agencies to ensure that IDPs are issued all documents necessary for the enjoyment of their legal rights, including replacement of documents without imposition of unreasonable conditions. Nigeria is not the only country that has had to deal with the issue of protecting voting rights of IDPs. During Bosnia-Herzegovina’s 1996 elections and Sri Lanka’s 2005 Presidential election, several polling stations were created for IDPs by the said countries. Furthermore, transportation was provided for the IDPs not residing in the camps to enable them vote in their registered homes in addition to the option of absentee ballots. In 1996, Sierra Leone created a single national district to ensure everyone was given the opportunity to participate in the elections. Nigeria can look into adopting any of these measures during the 2015 general elections to ensure that IDPs are not disenfranchised.