(2022)
SECTION 1
The objectives of this Act shall be to –
(a) safeguard the interest of persons of concern in Nigeria by ensuring that the sanctity of human persons is protected; and
(b) implement the – (i) United Nations Convention Relating to the Status of Refugees, 1951, (ii) Protocol Relating to the Status of Refugees, 1967, (iii) Organisation of African Unity Convention Governing the Specific aspects of refugee problems in Africa, 1969, (iv) 1954 Convention Relating to the Status of Stateless Persons, and (v) other treaties and conventions in relation to refugees, migrants, asylum seekers, and internally displaced persons, which are ratified and domesticated by Nigeria.
Objectives.
SECTION 2
This Act applies to matters relating to refugees, migrants, asylum seekers, and internally displaced persons.
Application.
SECTION 3
(1) There is established the National Commission for Refugees, Migrants and Internally Displaced Persons (in this Act referred to as “the Commission”).
(2) The Commission –
(a) shall be a body corporate with perpetual succession and a common seal;
(b) may sue or be sued in its corporate name; and
(c) may acquire, hold or dispose of any property, movable or immovable for the purpose of performing any of its functions under this Act.
Establishment of the National Commission for Refugees, Migrants, and Internally Displaced Persons.
SECTION 4
(1) There is established for the Commission a Governing Board, (in this Act referred to as “the Board”).
(2) The Board shall consist of the following members –
(a) a Chairman;
(b) one representative each, not below the rank of a Director, from the – (i) Federal Ministry responsible for matters relating to humanitarian affairs, (ii) Federal Ministry responsible for foreign affairs, (iii) Federal Ministry responsible for justice, (iv) Office of the National Security Adviser, (v) Nigeria Immigration Service, (vi) National Population Commission, and (vii) National Human Rights Commission,
(c) two representatives of the Association of Civil Society Organisations dealing with humanitarian matters; and
(d) the Federal Commissioner, who shall be the Secretary to the Board.
(3) The Chairman and members of the Board shall be appointed by the President on the recommendation of the Minister.
(4) The Chairman and members of the Board other than the Federal Commissioner shall hold office on part-time basis.
(5) Members of the Board shall be paid such allowances and benefits as may be approved by the appropriate Federal Government Agency.
(6) The supplementary provisions set out in the Schedule to this Act shall apply with regard to the proceedings of the Board and other related matters.
The Governing Board of the Commission.
SECTION 5
(1) Subject to section 4(4) of this Act, members of the Board other than the Federal Commissioner shall hold office –
(a) for four years and no more; and
(b) on such terms and conditions as may be specified in their letters of appointment.
(2) The Chairman may resign his appointment by notice in writing addressed to the President through the Minister.
(3) A member of the Board shall cease to be a member, where such member –
(a) becomes of unsound mind;
(b) becomes bankrupt;
(c) is convicted of a felony or any offence involving fraud or dishonesty; or
(d) is guilty of serious misconduct in relation to the office.
(4) A member of the Board may resign his membership by giving one month notice in writing or such other period as may be specified in his letter of appointment to the Chairman, who shall forward it to the Minister for onward transmission to the President.
(5) An ex-officio member of the Board shall cease to be member of the Board, where the member ceases to hold office on the basis by which the member was appointed.
(6) Where a vacancy occurs in the membership of the Board, the vacancy shall be filled by appointing a successor to represent the same interest and to hold office for the remainder of term of office of the predecessor.
Tenure and removal of members of the Board from office.
SECTION 6
(1) The Board shall –
(a) formulate policies and guidelines for the Commission;
(b) monitor and ensure the implementation of policies and programmes of the Commission; and
(c) perform such other functions as may be necessary for the achievement of the objectives and efficient performance of the functions of the Commission under this Act.
(2) The Board shall have powers to –
(a) approve rules and regulations relating to the appointment, promotion and discipline of staff of the Commission;
(b) regulate the proceedings of its meetings and make standing orders with respect to keeping of minutes of its proceedings, and such other matters as the Board may determine;
(c) liaise with the Commission to develop the requisite technical capacity, human and material resources to respond to internal displacement situations in Nigeria; and
(d) advise the Commission on any other issue relating to effective assistance and protection of persons of concern in Nigeria.
Functions and powers of the Board.
SECTION 7
(1) The Commission shall –
(a) advise the Federal Government through the Ministry on policy matters relating to persons of concern;
(b) protect and assist Persons of Concern and seek the collaboration of other appropriate MDAs for such protection and assistance;
(c) safeguard the welfare and humanitarian issues of migrants, protect and assist migrants and their families, including other nationals’ resident in Nigeria, under the provisions of international conventions, protocols and treaties guiding the protection of rights and promotion of the welfare of migrants;
(d) provide a platform for the uniform administration of migration in Nigeria as a lead agency of stakeholders in the field of migration through the Consultative Committee established under section 27 of this Act and in collaboration with the Ministry;
(e) act as the lead agency for the formulation, review and implementation of national policy on migration in collaboration with the Ministry;
(f) work towards eliminating irregular migration and encourage orderly, safe and regular migration of Nigerians;
(g) ensure compliance with the provisions of relevant international treaties and conventions in collaboration with appropriate agencies of government;
(h) register and make personal documentation of persons of concern;
(i) support state governments in the creation and maintenance of an updated register of persons of concerns within their jurisdiction;
(j) liaise with donor agencies to promote their commitment for the development and funding of humanitarian interventions on a sustainable basis, targeting persons of concern;
(k) interface and sustain relationship with relevant government MDAs and where required, give necessary advice and capacity support towards meeting the needs of persons of concern;
(l) ensure that approaches for the protection and provision of assistance to persons of concern and their host communities are mainstreamed and integrated into government policies and programmes;
(m) undertake comprehensive multi-agency appraisal by using participatory assessment methodologies to identify threats to the rights of persons of concern and their host communities;
(n) carryout protection risks assessment, assistance gaps analysis and identify the resources and opportunities available and offered locally, nationally and internationally in relation to the protection and assistance of persons of concern;
(o) monitor and regularly review the implementation of protection mechanisms and assistance programmes targeted at persons of concern;
(p) identify and promote best practices in the management of camps of refugees, migrants and internally displaced persons by harmonising protection and assistance standards in camps, taking into consideration the host communities;
(q) facilitate the restoration of persons and communities displaced due to ecologically induced occurrences;
(r) develop and ensure compliance by government, civil society organisations and humanitarian agencies workers, to guidelines, standard operating procedures and codes of conduct for working with various groups of persons of concern, including women, children, elderly, persons with disabilities and such other groups with special needs;
(s) create humanitarian coordination sections to prescribe the composition and responsibility of each technical section in addition to or in modification of the sections recommended in the relevant national framework and policies on persons of concern;
(t) develop standard procedures, in conjunction with relevant MDAs and Inter-Governmental or humanitarian agencies to return, re-admit and reintegrate, migrants in accordance with extant legal instruments;
(u) ensure that internally displaced persons are protected during and after displacement, return or resettlement and reintegration subject to exit programmes of the Commission;
(v) develop a policy framework to encourage and promote voluntary return of internally displaced persons to their respective homes or places of habitual residence or to resettle voluntarily in another part of the country with dignity; and
(w) facilitate negotiation on and carryout voluntary repatriation of Nigerian refugees and irregular migrants to ensure their physical safety in collaboration with the Ministry responsible for foreign affairs, Nigerian Immigration Service, National Agency for the Prohibition of Trafficking in Persons, Nigerians in Diaspora Commission, security agencies and other stakeholders.
(2) The Commission shall in addition to the provisions of subsection (1) –
(a) encourage and provide capacity building and skill acquisition through training programmes for refugees and migrants, who are being repatriated in order to be self-dependent and gainfully engaged upon their return;
(b) collaborate with the Ministry responsible for foreign affairs and other relevant agencies to negotiate and facilitate the implementation of bilateral agreements with nations repatriating Nigerian citizens, so as to provide adequate time for the deportees to secure, convey and wind-up their activities in the deporting countries, including the opportunity to arrange for banking and conclude financial transactions;
(c) collaborate with other relevant agencies to negotiate the safe return of Nigerian migrants, where the host country has legitimate cause to return them or decided to voluntarily return;
(d) in consultation with the Ministry responsible for foreign affairs and other relevant agencies, put in place policies, standards and procedures for the return, readmission and reintegration of migrants in line with relevant international legal instruments;
(e) ensure protection of the human rights of the returnees, especially in cases of mandatory return and honour international and regional cooperation in the area of return and readmission agreements;
(f) in collaboration with other relevant agencies, be responsible for the repatriation of Nigerian refugees and ensure that repatriation, where required, is carried out in such a way as to ensure physical safety of the returnee;
(g) work with the Ministry responsible for foreign affairs to ensure that return is done in a manner that respects the human rights, safety, dignity and honour of migrants in the process and actual phase of return;
(h) consider such other matters that the Minister may refer to it for recommendations; and
(i) do such other things as may be necessary for the performance of its functions under this Act.
(3) Where there is a large-scale influx of persons claiming to fall within the meaning of refugees under this Act or massive internal displacement or in situations of mass return of deportees, the Commission shall, in consultation with other relevant stakeholders, provide emergency remedial measures and advise the Federal Government on the appropriate measures to be taken.
Functions of the Commission.
SECTION 8
The Commission shall have powers to –
(a) set up appropriate advisory committees composed of administrative, technical and other experts in humanitarian, refugee, migration, internal displacement and development issues as may be necessary for the effective performance of its functions under this Act;
(b) delegate its powers to any specific person or committee and grant such person or Committee general or specific powers of sub-delegation; and
(c) discharge such other duties which in the opinion of the Commission are required for the effective performance of its functions under this Act.
Powers of the Commission.
SECTION 9
The Commission may with the approval of the Board, establish such number of departments, offices and units as it may be necessary to facilitate the achievement of the objectives of the Commission.
Structure of the Commission.
SECTION 10
(1) The President shall, on the recommendation of the Minister, appoint a Federal Commissioner for Refugees, Migrants and Internally Displaced Persons (in this Act referred to as “the Federal Commissioner”), who shall –
(a) be the chief executive officer of the Commission;
(b) be a person with at least 15 years working experience; and
(c) hold office for four years in the first instance and may be re-appointed for another four years and no more.
(2) The Federal Commissioner shall –
(a) grant refugee status to applicants on the recommendations of the Eligibility Committee established under section 14 of this Act;
(b) represent the Commission and enter contract agreements on its behalf;
(c) ensure that the Commission provides adequate facilities and services for the reception and well-being of persons of concern;
(d) exercise and discharge such other powers and duties relating to refugees, migrants and internally displaced persons, as may be assigned to the Commission by the Board; and
(e) take such steps as may be necessary to ensure compliance with the provisions of this Act in consultation with the Board.
Appointment of the Federal Commissioner.
SECTION 11
(1) The Commission shall, with the approval of the Board, appoint directly, on transfer or on secondment from the public service in the Federation, such other staff or employees as the Commission may consider necessary for the performance of its functions under this Act.
(2) The terms and conditions of service, including remuneration, allowances and benefits of the employees of the Commission shall be determined by the Board in consultation with the National Salaries, Incomes and Wages Commission.
Appointment of other staff of the Commission.
SECTION 12
(1) The Board may, subject to the provisions of this Act, make staff regulations relating generally to the conditions of service of the employees of the Commission and such regulations may provide for –
(a) the appointment, promotion and disciplinary control, of staff or employees of the Commission; and
(b) appeal by any staff or employee against any disciplinary measures.
(2) Any instrument relating to the conditions of service of any officer in the Public Service of the Federation shall be applicable until the regulations referred to under subsection (1) are made,
(3) Staff regulations made under subsection (1) shall not have effect until approved by the Minister.
Staff regulations.
SECTION 13
(1) Service in the Commission shall be approved service for the purposes of the Pension Reform Act, and accordingly, staff of the Commission shall be entitled to pensions and other retirement benefits as provided for in the Pension Reform Act. [Act No. 4,2014]
(2) Without prejudice to the provisions of subsection (1), nothing in this Act shall prevent the appointment of a person to any office on conditions which preclude the grant of a pension, gratuity or other retirement benefits in respect of that office.
(3) For the application of the provisions of the Pension Reform Act, any power exercisable by a Minister or other authority of the Government other than the power to make regulations under the Pension Reform Act is vested in and shall be exercisable by the Board and not by any other person or authority.
Service in the Commission.
SECTION 14
(1) There is established for the Commission the Eligibility Committee for Refugees (in this Act referred to as “the Eligibility Committee”) which shall be under the supervision of the Federal Commissioner.
(2) The Eligibility Committee shall consist of-
(a) the Permanent Secretary, Ministry responsible for foreign affairs, or his representative, not below the rank of a director, as the Chairman;
(b) a representative of the following organisations, not below the rank of a Director – (i) Federal Ministry responsible for humanitarian affairs, (ii) Federal Ministry responsible for Justice, (iii) Office of the National Security Adviser, (iv) Nigeria Immigration Service, and (v) National Human Rights Commission;
(c) a representative of non-governmental organisations with relevant expertise in humanitarian affairs; and
(d) a representative of the office of the United Nations High Commission for Refugees in Nigeria, who shall be an observer.
(3) The Eligibility Committee shall –
(a) consider and process applications for refugee status and make appropriate recommendations on the application to the Federal Commissioner;
(b) consider cases for cancellation and revocation of refugee status that may be referred to it by the Federal Commissioner; and
(c) perform any other function as may be assigned to it by the Federal Commissioner or the Minister.
(4) The Commission shall be the Secretariat for the Eligibility Committee.
Establishment of Eligibility Committee for Refugees.
SECTION 15
(1) There is established for the Commission the Refugee Appeal Board (in this Act referred to as “the Appeal Board”).
(2) The Appeal Board shall –
(a) be constituted by the Minister in consultation with the Attorney-General of the Federation; and
(b) consists of- (i) a legal officer not below the rank of a director, as Chairman, (ii) two other legal officers, who shall not be below the rank of an assistant director one of whom shall have requisite knowledge in international law, international human rights law or international comparative law, and (iii) one person of repute and knowledgeable in refugee matters.
(3) The representative of the United Nations High Commissioner for Refugees in Nigeria may be invited to participate in the proceedings of the Appeal Board and may be given an opportunity to make either oral or written representation on behalf of any person concerned in any appeal that is being heard by the Appeal Board.
(4) The Appeal Board shall meet at least twice in a year at the instance of the Federal Commissioner or the Minister.
(5) Subject to the provisions of section 21 of this Act, the Appeal Board shall hear any appeal against the decisions of the Eligibility Committee on any case referred to it by the Minister or by the Federal Commissioner.
(6) The Appeal Board shall give due consideration to any representation made by or on behalf of an appellant before giving its final decision on the appeal.
(7) The Appeal Board shall invite an appellant for an oral interview and may allow such appellant to be represented by a legal practitioner of his choice, where so desired.
(8) The Commission shall be the secretariat for the Appeal Board.
Refugees Appeal Board.
SECTION 16
(1) Application for the grant of refugee status shall be made –
(a) directly to the Federal Commissioner; or
(b) through a competent officer or the office of the United Nations High Commissioner for Refugees in Nigeria to the Federal Commissioner.
(2) The competent officer to whom a person seeking asylum or refugee status first appeared shall, where the person is not an immigration officer, promptly notify the Commission that a person seeking asylum or refugee status has entered into or is present in Nigeria.
(3) The Eligibility Committee may invite an applicant to appear before it.
(4) The recommendation of the Eligibility Committee shall be communicated in writing to the applicant by the Federal Commissioner.
(5) Where the Eligibility Committee recommends that the applicant shall not be granted refugee status, it shall give reasons for its decision.
(6) In the case of a refusal to grant refugee status, the applicant may appeal against the decision of the Eligibility Committee to the Appeal Board, within 30 days of being notified of the refusal.
(7) An applicant shall be allowed to remain in Nigeria while waiting for the final decision of the Appeal Board.
(8) Where an applicant is refused refugee status by the Appeal Board, the applicant shall be given 30 days to seek admission as a refugee into another country.
Application for refugee status in Nigeria.
SECTION 17
(1) Notwithstanding the provisions of any other law, a person who is a refugee within the meaning of this Act shall not be refused entry into Nigeria, expelled, extradited or returned in any manner to the frontiers of any territory where –
(a) the life or freedom is threatened on account of race, religion, nationality, membership of a particular group or political opinion; and
(b) physical integrity and liberty may be threatened on account of external aggression, occupation, foreign domination or events seriously disrupting public order in any part or the whole of that territory.
(2) The provisions of subsection (1) shall not apply to a refugee who –
(a) constitutes a threat to the security of Nigeria; or
(b) is convicted by a court or tribunal for committing any serious crime prohibited by any of the conventions.
(3) A person claiming to be a refugee within the meaning of this Act, who has illegally entered into or is illegally present in Nigeria, shall not be expelled, extradited or returned merely by reason of illegal entry or presence in Nigeria or any part of Nigeria pending the determination of his application for a refugee status.
(4) A person who has lawfully entered into or is lawfully present in Nigeria and wishes to remain in Nigeria on the grounds of being a refugee within the meaning of this Act, shall not be compelled to leave Nigeria, unless such person has found another country of asylum.
Prohibition of expulsion of refugees from Nigeria.
SECTION 18
(1) Notwithstanding the provisions of any other law, any person who has applied under section 16 of this Act for grant of refugee status and members of his family shall have the right to remain within Nigeria, until such person has –
(a) been granted refugee status under this Act; or
(b) had an opportunity to exhaust his right of appeal under section 16 of this Act, where his application is not successful.
(2) Where the person referred to in subsection (1) has appealed under section 16 of this Act and the appeal was not successful, the person shall, within 30 days from the date of determination of the appeal leave Nigeria for another country of his choice.
Residence in Nigeria pending recognition as refugee.
SECTION 19
Notwithstanding the provisions of the Immigration Act, no proceedings shall be instituted or continued against a person or any member of his family in respect of unlawful entry into or unlawful presence within Nigeria, where the person – [Act No. 8,2015]
(a) applies under section 16 of this Act for the grant of a refugee status, unless – (i) a decision has been made on the application, and (ii) the applicant had an opportunity of exhausting his right of appeal under that section; or
(b) has been granted refugee status.
Stay of proceedings in respect of illegal entry.
SECTION 20
(1) Subject to this Act, a person who has been granted refugee status under this Act and members of his family shall be –
(a) issued with an identity card in the form prescribed by the Minister charged with responsibility for matters relating to internal affairs;
(b) issued with residence permit; and
(c) subject to the laws of Nigeria.
(2) A refugee and members of his family lawfully staying in Nigeria shall be issued with the travel document, in accordance with Article 28 of the United Nations Refugees Convention and other relevant conventions to which Nigeria is a member.
Residence in Nigeria of persons granted refugee status.
SECTION 21
(1) The Federal Commissioner shall refer the matter to the Eligibility Committee, where there are reasonable grounds for believing that a person who has been granted a refugee status under this Act –
(a) should not have been so granted; or
(b) has ceased to be a refugee.
(2) Where a matter has been referred to the Eligibility Committee, it shall cause a written notice to be served on the person whose status as a refugee is under reconsideration –
(a) informing the person of the fact that his status as a refugee is to be reconsidered; and
(b) inviting the person to make written representations to it within 14 days from the date of service of the notice, in respect of his status as a refugee.
(3) The Eligibility Committee shall consider every matter referred to it under subsection (I) and enquire into or investigate the matter as it deems necessary.
(4) The Federal Commissioner, after due consideration of advice or recommendation given or made by the Eligibility Committee in relation to any case referred to it under subsection (1) –
(a) may withdraw the grant of refugee status; and
(b) shall cause the person concerned to be notified in writing of his decision on the matter.
Withdrawal of refugee status.
SECTION 22
(1) A person who is aggrieved by the decision of the Federal Commissioner to revoke the grant of refugee status may, within seven days of being notified of the revocation, appeal in writing to the Minister.
(2) In any appeal under subsection (1), the Minister may either confirm or set aside the decision of the Federal Commissioner and shall communicate his decision on the matter to the complainant.
(3) Notwithstanding the provisions of subsection (2), the Minister may, before taking a decision on any appeal –
(a) invite the representative of the United Nations High Commissioner for Refugees in Nigeria to make oral or written representation on the matter;
(b) refer the matter back to the Eligibility Committee or the Appeal Board for further inquiry and investigation; or
(c) make such further inquiry or investigation into the matter as may be necessary.
(4) Where the Federal Commissioner withdraws the grant of a refugee status under section 21 of this Act, the refugee and any other person who became a refugee by virtue of being a member of his family, shall cease to be a refugee with effect from –
(a) seven days after being served the refugee status revocation notice by the Federal Commissioner; or
(b) the date on which the Minister confirms the decision of the Federal Commissioner.
(5) The person or refugee referred to in subsection (4) shall, within 30 days, leave Nigeria for another country of his choice.
(6) A family member may apply for the grant of refugee status on the revocation of the principal grant.
Right of appeal to the Minister.
SECTION 23
(1) The Federal Commissioner and competent officers shall ensure that members of the family of a refugee –
(a) benefit from the same treatment as provided for refugees in this Act; and
(b) are permitted to enter and remain in Nigeria as long as the refugee concerned is permitted to remain in Nigeria under this Act.
(2) Subject to section 20 of this Act, a change in family status or ties resulting from marriage of the dependant family member, divorce or legal separation, death of the principal applicant or attainment of age of majority by a minor dependant shall not affect the refugee status of such family member.
Benefits to family members of persons granted refugee status.
SECTION 24
A person granted refugee status in Nigeria is entitled to the rights and subject to the duties contained in the existing domesticated Conventions and Protocol relating to the status of refugee and such other conventions and protocols that Nigeria is a state party.
Rights and duties of a person granted refugee status.
SECTION 25
(1) A refugee may be detained or expelled for reasons of national security or public order.
(2) A refugee shall not be expelled under this section to a country where the refugee has a reasonable fear of persecution.
(3) A refugee who has been notified of his expulsion may appeal to the Appeal Board or the Minister for reconsideration of the decision in accordance with sections 16 and 22 of this Act.
Detention or expulsion of a refugee.
SECTION 26
(1) The Federal Commissioner shall, subject to this Act or any other law in Nigeria, assist any refugee who has satisfied the criteria to achieve citizenship by naturalisation, voluntary repatriation, integration or resettlement.
(2) The Commission shall –
(a) develop procedures to be followed by any competent officer for the purposes of facilitating entry and residence in Nigeria of any refugee and members of his family;
(b) assist in the training of family members of refugees, particularly for unaccompanied children;
(c) seek cooperation with non-governmental organisations on matters relating to any refugee and his family members;
(d) give relief assistance to refugees while they are awaiting a final decision of the Appeal Panel or the Minister; and
(e) assist in seeking employment or education for any refugee and any member of his family.
Assistance to refugee.
SECTION 27
(1) There is established for the Commission, as the lead agency, the National Consultative Committee on Migration (in this Act referred to as “the Consultative Committee”).
(2) The Consultative Committee shall consist of the Solicitor-General of the Federation and Permanent Secretary of the Federal Ministry responsible for Justice, as Chairman and a representative each of the –
(a) Federal Ministries responsible for – (i) Humanitarian Affairs, (ii) Foreign Affairs, (iii) Interior, (iv) Labour and Employment, (v) Women Affairs and Social Development, and (vi) Finance, Budget and National Planning;
(b) Office of the National Security Adviser;
(c) National Population Commission;
(d) National Bureau of Statistics;
(e) Nigeria Immigration Service;
(f) National Agency for the Prohibition of Trafficking in Persons;
(g) Small and Medium Scale Enterprises Development Agency of Nigeria; and
(h) International Organisation for Migration in Nigeria, as an observer.
(3) The Consultative Committee shall –
(a) review and make necessary recommendations on the national policy on migration;
(b) monitor and facilitate the implementation of bilateral agreements regarding migration;
(c) make recommendations to appropriate MDAs on situations where new bilateral agreements are required to ensure that repatriated Nigerians from abroad are treated humanely, fairly and ensure that their basic human rights are respected;
(d) suggest policies and guidelines to the appropriate MDAs on strategies for a well-managed labour migration issues that may be of benefits to Nigeria and reduce the adverse impact arising from the loss of skilled citizens;
(e) support the Commission to liaise with technical partners in implementing technical cooperation in identified areas of needs; and
(f) advise the Commission on general migration issues, ratification, domestication and implementation of relevant migration treaties, protocols and conventions.
(4) The Commission shall provide a secretariat for the Consultative Committee.
National Consultative Committee on Migration.
SECTION 28
(1) The Commission shall –
(a) Be responsible for the provision of durable solutions to internally displaced persons; and
(b) Collaborate with other relevant MDAs, where desirable, for the provision of durable solutions.
(2) The Commission shall have power to make regulations and guidelines for the implementation of durable solutions in Nigeria.
(3) The Commission may in the discharge of its obligations, collaborate with relevant international organisations or agencies and civil society organisations in matters relating to internally displaced persons.
(4) The Commission shall provide transitional protection programmes, such as –
(a) advocacy to ensure the promotion and protection of the rights of persons of concern in camps and host communities;
(b) conduct peacebuilding initiatives in communities of return, relocation, and local integration;
(c) family reunification and family tracing;
(d) activation of social protection measures and safety;
(e) sensitisation of persons of concern including the host communities on their rights and reporting pathways and demand for accountability on human rights violations;
(f) issuance or re-issuance of documentation and facilitate provision of remedies for internally displaced persons;
(g) conduct advocacy interventions for housing, land, and properties of internally displaced persons;
(h) training of protection monitors;
(i) interface and collaborate with MDAs with human rights mandate in Nigeria; and
(j) collaborate with law enforcement agencies and conduct sensitisation workshops, training, and seminars to mainstream human rights in counter-insurgency operations.
Protection of internally displaced persons.
SECTION 29
(1) The Commission shall –
(a) provide comprehensive packages including start-up grants for internally displaced persons who are returning, relocating or integrating locally based on the needs assessment;
(b) ensure that internally displaced persons 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 reintegration; and
(c) designate official areas for the resettlement of internally displaced persons.
(2) The Commission shall –
(a) monitor and ensure timely intervention and humanitarian support to communities towards finding lasting solutions to internal displacement issues in Nigeria and providing enabling environment for the participation of internally displaced persons in the decision-making processes affecting their lives;
(b) engender effective cooperation and collaboration between the Commission and relevant humanitarian organisations providing interventions on internal displacement; and
(c) receive and resolve complaints, petitions and grievances of internally displaced persons or their host communities as they relate to their safety, security and well-being.
(3) The Commission shall provide transitional solutions to internally displaced persons as a temporal measure to improve the living conditions of internally displaced persons pending the attainment of sustainable durable solutions in the area of health, education, non-food items, shelter, and psycho-social support, conduct peace building initiatives, sensitisation, and any other livelihood support.
(4) The Commission shall employ both government and society based approach while conducting durable solutions, using the following principles –
(a) rights and needs-based;
(b) government led;
(c) participatory and community-based;
(d) area based;
(e) recognition of outstanding humanitarian needs;
(f) collective and comprehensive interventions;
(g) sensitivity to social inequalities caused by sex, age, disabilities and marginalisation; and
(h) sustainability.
(5) The Commission shall –
(a) promote and provide durable and sustainable solution for internally displaced persons as to their safety and dignity; and
(b) respect an informed and voluntary decision of internally displaced persons and their right to return, locally integrate or resettle elsewhere in the country.
(6) The Commission shall give consideration to the following indicators for applicable durable solutions –
(a) long-term safety and security;
(b) restoration and enjoyment of freedom of movement;
(c) enjoyment of adequate standard of living without discrimination;
(d) access to employment and livelihoods;
(e) access to effective mechanisms to restore housing, land and property;
(f) access to documentation;
(g) family reunification and location of whereabouts of missing relatives;
(h) equal participation in public affairs; and
(i) access to justice without discrimination.
(7) The Commission may, where necessary, provide as part of the durable solutions
(a) skill acquisition centers in IDP resettlement cities;
(b) warehouses and other storage facilities for safe storage of food and nonfood items;
(c) post-traumatic stress disorder center;
(d) primary health care centers and clinics to strengthen the host communities’ facilities in the internally displaced person camps and resettlement cities;
(e) reception centers for returnees and migrants;
(f) emergency learning centers for internally displaced persons;
(g) local integration packages; and
(h) any other assistance that may be necessary to facilitate durable solutions for internally displaced persons.
Assistance to internally displaced persons.
SECTION 30
The Commission shall establish and maintain a Fund into which shall be paid –
(a) such sums as may be appropriated to it by the Federal Government of Nigeria;
(b) such intervention funds as may be provided by the Federal Government;
(c) five percent of the Ecological Fund of Nigeria to be used for the rehabilitation of persons displaced by ecologically induced calamities;
(d) donations, gifts or endowment from individuals, corporate entities, international donor agencies and other developmental partners; and
(e) such other funds that may accrue to the Fund in connection with its functions under this Act.
Fund of the Commission.
SECTION 31
The Commission shall apply the proceeds of the Fund established under section 30 of this Act to –
(a) the cost of administration of the Commission;
(b) the payment of salaries, remuneration, allowances, and other benefits payable to the members of the Board and the staff or employees of the Commission;
(c) the payment for all consultancies, fees, contracts, including mobilisation, fluctuations, variations and cost on contract administration; and
(d) such other activities under this Act.
Application of the Fund.
SECTION 32
(1) The Commission shall not later than 30 September of each year, submit its estimates of income and expenditure for the next financial year to the Minister through the Board for approval.
(2) The Commission shall –
(a) keep proper records of all accounts of its income and expenditure; and
(b) prepare the statement of account in respect of each financial year.
(3) The Commission shall, not later than 30 June of each financial year, submit its accounts to auditors appointed from the list of qualified auditors in accordance with guidelines provided by the Auditor-General for the Federation.
Annual estimates, accounts and audit.
SECTION 33
(1) The Commission shall, not later than 30 June of each financial year, submit to the Minister, in respect of the preceding financial year, an annual report on the activities of the Commission in such form as the Board may direct.
(2) The report referred to in subsection (1) shall include –
(a) information on the activities of the Commission for the year;
(b) a copy of the audited accounts of the Commission for that year, together with the Auditor-Generars report on the accounts of the Commission; and
(c) such other information as the Board may request.
Annual report.
SECTION 34
(1) The Commission may accept any gift of land, money or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift.
(2) The Commission shall not accept any gift where the conditions attached by the person or organisation making the gift are inconsistent with the functions and objectives of the Commission.
(3) Any gift or donation to the Commission for its project shall be made directly to the Commission and utilised only for the purpose for which it was made.
Power to accept gifts.
SECTION 35
The Commission may, with the approval of the Minister, borrow by way of overdraft or such sums, as it may require on such terms and conditions for the performance of its functions under this Act.
Power to borrow.
SECTION 36
The Commission may, with the approval of the Minister, make regulations necessary for giving effect to the provisions of this Act.
Power to make regulations.
SECTION 37
The Minister may give directives of a general character to the Commission relating to its policies and functions.
Power to give directives to the Commission.
SECTION 38
The National Commission for Refugees Act, Cap. N21, Laws of the Federation of Nigeria, 2004 is repealed.
Repeal of Cap. N21, LFN, 2004.
SECTION 39
(1) Anything made or done or having effect before the commencement of this Act by the National Commission for Refugees, which has any resulting or continuing effect, shall be treated as from the commencement of this Act, as if it were made or done by the Commission.
(2) From the commencement of this Act, any staff or officer who immediately before the commencement of this Act, holds office in the National Commission for Refugees, existing before the commencement of this Act, is deemed to have been transferred to the Commission, established under this Act on such terms and conditions no less favourable than those obtained immediately before the commencement of this Act.
(3) Service or employment in the Commission is deemed to be service or employment in the Commission established under this section.
Transitional and savings provisions.
SECTION 40
In this Act — “Chairman” means Chairman of the Governing Board established under section 4 of this Act; “competent officer” means immigration officer, customs officer, police officer, liaison officer of the Commission, or any other relevant security officer; “country of nationality” in relation to a person who has more than one nationality, means each of the countries of which that person is a national; “durable solutions” means a situation where internally displaced persons no longer have specific assistance and protection needs that are linked to their displacement and such persons can enjoy their human rights without discrimination resulting from their displacement; “ecologically induced calamities” means catastrophic events, environmental disasters, biological hazards, natural hazards, or disasters; “emigrant and immigrant” refer respectively to migrants from the perspective of the country of origin or departure and the country of destination or settlement; “frontier’ means land-frontier, sea-frontier, port, or airport of entry; “internal displacement” means the involuntary or forced movement, evacuation, or relocation of persons or group of persons within recognised state borders; “internally displaced persons” are persons or groups of persons who have been forced or obliged to flee or leave their homes or places of habitual residence, in particular as a result of or to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters, and who have not crossed any of Nigeria’s internationally recognised borders; “IDPs” means internally displaced persons; “MDAs” means Ministries, Departments, and Agencies; “members of the Board” include the Chairman; “members of the family” in relation to a refugee means spouse or spouses, unmarried children under the age of maturity, and any other relative of the refugee, migrant, or an internally displaced person who is dependent on him; “migrant” means a person who is moving or has moved across an international border or within a state away from his habitual residence regardless of the person’s legal status or whether the movement is voluntary or involuntary; “Minister” means Minister responsible for matters relating to humanitarian affairs; “Ministry” means Ministry responsible for matters relating to humanitarian affairs; “persons of concern” means refugees, asylum seekers, returnees, stateless persons, migrants, Nigerian migrants abroad, internally displaced persons, or such other persons affected by voluntary or involuntary displacement or migration; “President” means the President of the Federal Republic of Nigeria; “refugee” means a person who falls within the definition provided by — (a) Article 1 of the 1951 United Nations Convention; (b) Article 1 of the 1967 Protocol Relating to the Status of Refugee; and (c) Convention Governing the Specific Aspects of Refugee Problems in Africa; “State” means any State in Nigeria and the Federal Capital Territory as enshrined in the Constitution of the Federal Republic of Nigeria 1999; and “State Governments” means institutions, agencies, and machinery of government within the constitutionally recognised States of the Federation, including the Federal Capital Territory of the Federal Republic of Nigeria.
Interpretation.
SECTION 41
This Act may be cited as the National Commission for Refugees, Migrants and Internally Displaced Persons Act, 2022.
Citation
Section 4 (6)
SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD OF THE COMMISSION
Proceedings of the Board
1. (1) Subject to this Act and section 27 of the Interpretation Act, the Commission may make standing orders regulating its proceedings or those of any of its committees.
(2) The quorum of the Board shall be the Chairman or person presiding at the meeting, the Federal Commissioner, and one-third of the other members of the Board.
(3) The quorum of any Committee of the Commission shall be as determined by the Board.
(4) The Board shall meet not more than four times each year or whenever it is summoned by the Chairman or where the Chairman is required to do so by notice given by not less than four other members to summon a meeting of the Board to be held within 28 days from the date the notice is given.
(5) The particulars of the business to be transacted at any meeting shall be circulated to the members with the notice of the meeting.
(6) At any meeting of the Board, the Chairman shall preside but if he is absent, the members present at the meeting shall appoint one of them to preside at the meeting.
(7) The Board may, at any time, co-opt any person to act as an adviser at any of its meetings, but such co-opted person is not entitled to vote at any meeting or count towards a quorum.
(8) All matters arising at a meeting of the Board shall be decided by a simple majority of the votes cast by members present and voted at the meeting, each member shall have one vote.
(9) In the event of an equality of votes, the person presiding at the meeting shall have a casting vote.
Committees
2. (1) The Board may set up one or more Committees to perform, on behalf of the Board, such functions as the Board may determine.
(2) A Committee set up under this paragraph shall consist of such number of persons as may be determined by the Board and a person shall hold office on the Committee in accordance with the terms of his appointment.
(3) A decision of a Committee of the Board is of no effect until it is confirmed by the Board.
Miscellaneous
3. (1) The validity of any proceeding of the Board or of a committee shall not be affected by —
(a) a vacancy in the membership of the Board or committee;
(b) a defect in the appointment of a member of the Board or committee; or
(c) the reason that a person not entitled to do so took part in the proceedings of the Board or committee.
(2) Any member of the Board or any person holding an office on a committee of the Board, who has a personal interest in any contract or arrangement made or proposed to be made shall disclose such interest to the Board and shall not —
(a) take part in any deliberation or vote after such disclosure, in any matter relating to the contract or arrangement; or
(b) be counted to constitute a quorum under this paragraph and the minutes of the disclosure made under this paragraph shall be recorded in the minutes of the meeting of the Board or such committee.
(3) The fixing of the seal of the Commission shall be authenticated by the signature of the Chairman and Secretary or any person generally or specifically authorised by the Board to act for that purpose.
(4) Any document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be presumed to be so executed.
