Displaced and Dispossessed

Introduction

The terminology of forced migration generally is associated with the movement of people under duress of several factors. Three different categories comprise the overall structure of forced migration in terms of the displacement of sections of populaces of any internationally recognised geographical entity(Castels,2004). These are international refugees, Internally Displaced People (IDP) comprising of the people subjected to displacement through conflict within their country of residence/birth and the people forced to become displaced through a singular or a combination of multiplicity of factors such as natural disasters, chemical, biological and radiological disasters, famines and development projects which contribute to the enforced relocation of the native residents of any particular location within any definite geographical region(Castels,2004). In this report the focus is on internally displaced people within Cameroon and Cameroonian refugees residing in Nigeria, with a review of the human rights situation in Cameroon, consequences of the forced migration to Cameroon and on Nigeria, and the applicable policies regarding treatment of refugees and internally displaced persons.

An outline of the human rights situation in Cameroon

The residents of the North-West and South-West regions of Cameroon are primarily English speakers in an otherwise majoritarian French speaking populace. English speaking Cameroonians who form the minority population are targeted for persecution as a result of their demand for independence from La Republique du Cameroun (Human Right Watch,2018). The year 2016 marked the emergence of the crisis involving the Anglophone regions of Cameroon and this crisis culminated in the death of 2000 personnel and in the internal displacement of in excess of 500000 personnel along with 44000 international refugees who migrated to Nigeria (Human Right Watch,2018). The crisis commenced when the leader of Cameroon Renaissance Movement (CRM) party and the runner-up of the presidential elections had challenged the outcomes of the elections levelling allegations of serious irregularities. The peaceful demonstrations by Kamto and his followers prompted the authorities to incarcerate him and the majority of his followers in an arbitrary manner. The significance of incidents involved in such a crisis has been outlined by the research of Meyer and Boll (2018) to the unlawful and arbitrary killing including extrajudicial executions mostly perpetrated by the security forces and in some minor measure, by the Anglophone separatists as well. International and regional terrorist organisations such as Boko Haram and ISIS-West Africa (ISIS-WA) have contributed to such critical danger to the general security of the common populace which have been residing in those violence affected regions. Furthermore, other outcomes of this crisis have been forced disappearances by the Cameroon security forces, perpetration of torture by both the government forces and non-state armed organisations, unlawful arbitrary detention by the security forces in severely life threatening prison conditions, abuse of the existing human rights legal promulgations and imposition of extensive restrictions on freedom of expression. Surge in crimes against women perpetrated mostly by the security forces and their affiliated services, staged prosecutions against outspoken journalists and extrajudicial punishment impositions on targeted Anglophone personnel had also become evident.

Consequences of the Anglophone crises to Cameroon

North West and Southwest Regions (British Southern Cameroon) of the country have experienced extensive and pervasive abuse of human rights of resident populaces (Okereke,2018). The soldiers are reported to carry out acts of arson which culminated to the burning alive of vulnerable people including old and sick, disable, young children and those unable to flee. There are also reports of separatist fighters engaging in violence and criminal activities such as looting and ransom (Nkumbe, 2016). Young girls and women have reportedly been publicly humiliated, tortured and sexually assaulted by both government forces and separatist fighters (UNHCR report,2018-2019). The central government has failed woefully to properly investigate this situation so that perpetrators can be brought to book (Human Rights Watch,2018). Bradley (2020) has brought into focus the correlation between forced migration, internal displacement and state repression, in case of Cameroon. State repression contributes the most to the expanding phenomena of forced migration and internal displacement. This remains a debate of contention between the legitimacy and independence of the legal apparatus (judiciary) in terms of controlling and directing the state functionaries, such as the security forces and the exercise of arbitrary power by an élite which could have captured the state institutions, resulting in the consequent persecution of the civil liberties and rights of the political opponents (Anglophones in case of Cameroon) (Dahir, 2017). 668000 affected people have become internally displaced (internal-displacement.org, 2020). Some have relocated into neighbouring Cameroon towns like Douala and Yaoundé while others are hiding in bushes with insufficient access to portable water, food, basic hygiene, clothing or even medical assistance-that has resulted to poor health, infections and illnesses such as Malaria, Typhoid, Cholera and Dysentery (Shaban, 2017) . Most of these people have relocated to neighbouring Nigeria where they have registered as refugees and asylum seekers (Okereke,2018). The government militia since 2017 has carried out mass arrest and arbitrary detention of anglophone activists. These people have been subjected to long term detention, arbitrary charges, denial of habeas corpus, no access to counsel, left incommunicado, tried in military courts and giving arbitrary sentencing (Okereke, 2018). Till this date, most of the activists are still in detention at the central prison in Yaoundé Cameroon. The majority of the IDPs has been forced to live in overcrowded, unhygienic and undignified conditions at temporary shelters at the North-West and South-East regions. UNHCR has managed to assist only 8% of the population affected. Women within the age group of 18 to 59 years and separated/unaccompanied minors, disable people and pregnant women IDPs have reported incidents of violence and abuse by government forces (Ekpemede,2016). Such security incidents have included destruction of domestic properties, homes, torture of the IDPs and inhumane treatment of the vulnerable populace (Adeola and Fayomi,2012).

Consequences of the influx of refugees from Cameroon into Nigeria

According to Pefok (2017), this spiralling violence within North-West and South-West Cameroon had prompted in excess to 60000 Cameroonians to leave the country to seek asylum at neighbouring Nigeria till the end of 2019. There are two settlements and 47 other locations along the border between Nigeria and Cameroon where such refugees have been hosted (Enoh,2017). Significant pressure has been exerted on the health, education and social services for such refugees due to the continued influx and expanding scope of the refugee problem (Fonkeng,2019). These refugees have been primarily depending upon the humanitarian and other assistance as 82% of the refugee households in the settlements and 86% in the host communities have been identified by UNHCR, through WFP Emergency Food Security Assessment to be severely food deficient(Bainkong,2017).

Gilbert et al (2009) and El Aouad et al (2009) have argued that the epidemiological profile of a receiving country is affected by immigration. Refugees according to Cheswick et al (2008) usually have poorer health than other migrants. There have been reports of refugees arriving at Nigeria from Cameroon with health issues such as; Tuberculosis, Malaria, Typhoid, Cholera and other sexually transmitted diseases. This has put lots of pressure on the local authority (Adeola and Fayomi, 2012).

Nigeria and Cameroon policies and legislative response on forced migration

In Nigeria, legal framework designed to supervise the welfare of both the refugees and internally displaced persons (Chhangani, 2011). These frameworks are designed for both national and international considerations (Chhangani,2011).

Internationally, Nigeria is a signatory to the Geneva Conventions,1949, the additional protocol 1-2 of 1977, and the United Nations Guiding Principles on Internal Displacement,1998. On a regional basis Nigeria is a signatory to the African Charter on Human and People’s Rights, CAP.A.9 LFN 2004. It is also a signatory to The African Union Convention for the Protection and Assistance of IDP s in Africa,2009, otherwise called the Kampala Convention.

In upholding human right, the government has enacted the National Human Rights Commission, established by the National Human Rights Commission Act,1995 and the National Human Rights Commission Amendment Act,2010 (Felicia and Ozioko,2019). Furthermore, refugees are being cater for by The National Commission for Refugees, Migrants and Internally Displaced Persons (NCFRMI), established by decree 52 of 1989. This commission is entitled to ensure that those classified as refugees receive proper education, good housing, assess medical services, are well fed, are provided with social security, a safe environment and good standard of living(Jackson and Howe,2008) .

According to Rumbaut (2008), the law pertaining to the status of refugees in Cameroon (law 2005/006) had been promulgated in 27 July 2005 in accordance to the Geneva Convention pertaining to the status of refugees in accordance with the directives of Geneva Convention adopted on 28 July 1951, which, had been further amended by the New York protocol (31.01.1967). Further, Cameroon is a signatory of the African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa. The country has signed and ratified the Kampala Convention in 2017 and UNHCR had organised a consultative workshop to facilitate Cameroonian government to domesticate the principles of the Kampala Convention into legal policies during October, 2017.

Conclusion

The crisis and resultant migration at Cameroon has been an instance of politically induced migration patterns involving external and internal displacement of the affected populace. In case of the overseas migrants to Nigeria, the emphasis has been on survival migration process and Nigeria has designed its own internal policies to deal with the welfare of asylum seekers, refugees and internally dispersed persons. Special Rapporteur on Human Rights of Refugees and IDPs had reported in the 2019 report to the UNHRC the guiding principle, also considered to be conceptual linkages, in between the country of origin and the country of asylum for refugees. This could be comprehended as the articulation of the necessity of development of a holistic response to the internal displacement and refugee patterns which could be based on the combined framework of the international human rights legal promulgation as well as international humanitarian laws.

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