Leveraging human rights-based approach for migration policy

The movement of people from one place to another, often in search of better living conditions, economic opportunities or to escape conflicts, persecution, or natural disasters, is as old as human creation. But as societies evolve, emigration and migration happen in such a manner that they become a challenge. AMEH OCHOJILA reports that to address the issue, Nigeria’s migration policy must adopt a human rights-based approach to tackle human trafficking, internal displacements, asylum and refugee challenges.

The alarming migration statistics released by the Nigeria Immigration Service (NIS) have reignited calls for a comprehensive review of Nigeria’s National Migration Policy.

According to the Controller of the Murtala Muhammed International Airport Command, Mrs Adeola Adesokan, data from the Migration Information Data Analysis System (MIDAS) indicated that over 3.6 million Nigerians emigrated in the past two years – 2,115,139 in 2022 and 1,574,357 between January and September 2023. These figures underscore the urgent need for an updated migration framework.

Nigeria, however, does not only have the challenge of mass emigration, but also serves as a destination for thousands of foreigners seeking asylum, refugee status, and other forms of protection.

Besides all those, there are challenges of trafficking in persons (TiP), and smuggling of migrants (SoM). In the Management of these challenges, experts advocate a human rights-based approach.

International laws are meant to safeguard the rights of migrants, refugees, and asylum seekers by ensuring their dignity and security. The Universal Declaration of Human Rights, particularly Article 14, upholds the right to seek and enjoy asylum from persecution.

The 1951 UN Refugee Convention and its 1967 Protocol expanded on this principle, enforcing the rule of non-refoulement, which prohibits returning refugees to countries where they may face persecution.

Other instruments, such as the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, ensure migrants’ access to basic services and fair treatment.

Regional frameworks like the 1969 OAU Convention in Africa and the 1984 Cartagena Declaration in Latin America address broader concerns, including armed conflict and violence. Together, these mechanisms reflect the international community’s commitment to protecting migrants, refugees, and asylum seekers.

Yet, as the Executive Secretary of the National Human Rights Commission (NHRC), Tony Ojukwu (SAN), observed, such international laws are not directly enforceable in Nigeria unless domesticated within the national legal framework.

He emphasised that domestication of such relevant laws and protocols is critical for their effective implementation and enforcement.

Ojukwu also emphasised the collaboration between the NHRC and NIS in ensuring the success of migration policy, describing the NIS as crucial to effective migration governance.

Worried by these migration challenges, the Federal Government has commenced revising the National Migration Policy to address migration challenges. The Federal Commissioner for the National Commission for Refugees, Migrants, and Internally Displaced Persons (NCFRMI), Alhaji Tijani Ahmed, emphasised this at a three-day Technical Working Group meeting on Migration and Development in Abuja.

“The committee overseeing the policy review is committed to developing a comprehensive framework for effective migration governance over the next five years,” Ahmed stated.

He urged stakeholders to contribute meaningfully, stressing the need to balance national interests with international commitments.

The ongoing policy review, initiated in 2022, seeks to promote regular and safe migration while addressing internal displacement caused by banditry and flooding.

Ahmed noted that over 53,000 Nigerian refugees are currently in Cameroon, with others scattered across Chad and other regions. The government, he said, is working on their repatriation and reintegration.

The review committee, which was put together in collaboration with the International Organisation for Migration (IOM) and the Migration Partnership Trust Fund (MPTF), highlighted Nigeria’s resolve to treat migration as a development priority.

“This review is not just an administrative exercise but a strategic imperative,” Ahmed noted, adding that it is an opportunity to create a robust policy that safeguards migrants’ rights, reduces irregular migration, and enhances stability.

Globally, migration has been integral to development discussions. In 2006, then UN Secretary-General, Kofi Annan recognised the contributions of 200 million migrants worldwide to their host countries.

Annan urged governments to adopt inclusive policies. Similarly, the African Union has advocated integrating migration into regional development agendas.

In response, Nigeria established an Inter-Ministerial Committee in 2006, culminating in the adoption of the 2015 National Migration Policy. This policy addressed border management, labour migration, irregular migration, and the human rights of migrants.

It is important to note that the 2015 policy tackled internal migration, particularly rural-urban migration. The document stated that urbanisation has historically been a trend in Nigeria, and its acceleration has led to overpopulation, unemployment, and pressure on essential services.

Principally, the 2015 migration policy aimed to mitigate push factors such as poverty and poor infrastructure in rural areas while at the same time managing pull factors that attract rural dwellers to cities. Its adopted strategies include improving urban planning, enhancing rural infrastructure, and providing education and healthcare for slum dwellers.

The strategy on statelessness also remains a significant concern. Many displaced persons lose their nationality due to conflicts, boundary changes, or prolonged stays abroad. The current National Migration Policy seeks to address this by domesticating the 1954 and 1961 statelessness conventions, enacting citizenship reforms, and providing support to stateless persons.

For refugees, the 2015 policy aligns with the 1951 Geneva Convention and the AU’s 1969 Convention, emphasising registration, resettlement, and integration. It also seeks to uphold non-refoulement and train border agencies to handle refugee influxes effectively.

Labour migration plays a pivotal role in Nigeria’s development. The 2015 policy proposed robust measures to manage surplus manpower, prevent exploitation, and mitigate the brain drain. Strategies include pre-departure training, public awareness campaigns, and monitoring recruitment agencies.

Another area addressed by the 2015 policy is border management which experts said is essential for controlling migration. The policy highlighted the need for enhanced training for border officials, modernised infrastructure, and advanced technologies like machine-readable passports to combat trafficking and terrorism.

By fostering regional collaboration through ECOWAS protocols, the policy aims to balance migration control with humanitarian obligations. Public awareness campaigns in major languages are also vital for educating citizens on migration requirements.

However, with time, the migration dynamics necessitated a comprehensive policy overhaul. With over 3.6 million migrants within two years and rising internal displacements, Nigeria must adapt its framework to address these realities.

Consequently, experts suggested that for effective policy reform, it is important to adopt a human rights-based approach (HRBA) to migration, prevention of trafficking in persons (TiP), and smuggling of migrants (SoM).

Esther Michael Sawa of the Office of the United Nations High Commissioner for Human Rights (OHCHR) explained that a Human Rights-Based Approach (HRBA) is a framework for policies and programmes that prioritise human rights and dignity. It applies universal rights standards adopted by governments and recognises migrants as rights holders regardless of their legal status.

This approach, Sawa said, places migrants at the centre of migration policies and other strategies that significantly affect them, with particular attention to those in vulnerable situations. “It emphasises empowering migrants to understand and claim their rights while identifying duty bearers responsible for protecting these rights, evaluating their capacity to fulfil their obligations, and ensuring accountability,” she said.

The HRBA also integrates migrants into relevant national plans and strategies, such as public housing programmes and initiatives to combat racism and xenophobia. This approach aims to build inclusive societies that respect and protect the rights of all individuals.

According to her, it is important to adopt a human rights-based approach to addressing SoM and TIP, in alignment with international best practices in migration.

“Human trafficking and irregular migration have their roots in socioeconomic, political, and cultural issues and are interwoven. Among the many factors that push people to embark on risky adventures or become victims of exploitation, are poverty, lack of opportunities, war, and discrimination among others,” she pointed out.

For Oroh Fidelia Osemeata, a Deputy Director at NHRC, to ensure an effective revised 2015 National Migration Policy, the root causes of irregular migration and the challenges of internal displacement in Nigeria must be addressed. According to her, it is essential to adopt a multifaceted approach that tackles the socio-economic, governance, and environmental factors driving these issues.

Said her: “Economic empowerment should be a priority in migration policy with large-scale job creation initiatives targeting youths, women, and vulnerable populations, particularly in rural areas. Promoting skill acquisition, vocational training, and entrepreneurship can help reduce unemployment, which remains a significant driver of irregular migration.”

Osemeata added that supporting small and medium enterprises through access to financing, mentorship, and training will foster sustainable livelihoods.

The deputy director at NHRC also noted that improved governance and enhanced security are critical to addressing internal displacement and irregular migration. Combating insecurity, including insurgency, banditry, and communal conflicts, she said, will create safer environments and reduce forced migration. “Promoting transparency and accountability in governance is essential to rebuilding trust and encouraging citizens to invest in national development rather than seeking opportunities abroad. Border security and immigration controls must be strengthened to manage migration flows effectively while ensuring respect for human rights,” she explained.

Also, Jenifer Aga of the NHRC, believes that effective collaboration among government agencies, international organisations, NGOs, and the private sector is vital to pooling resources and expertise.

According to her, regional cooperation with neighbouring countries is equally important for addressing cross-border migration and displacement issues.

She also recommended establishing migration resource centres that will provide information and reintegration support to returnees, thereby ensuring a comprehensive response to migration challenges.

Ifeoma Theresa Kanebi, who works with the United Nations Office on Drugs and Crime (UNODC) said a robust monitoring and evaluation framework is essential for assessing the impact of interventions, stressing that regular assessments, supported by data-driven insights from independent researchers, will enable continuous policy improvement.

According to her, such a holistic approach will ensure that the revised policy effectively addresses irregular migration and internal displacement while fostering sustainable development, economic growth, and social stability.