End of mission statement of the Special Rapporteur on the human rights of internally displaced persons, Ms. Cecilia Jimenez-Damary, upon conclusion of her official visit to Niger, 19-24 March 2018

French

Introductory remarks

In my capacity as United Nations Special Rapporteur on the human rights of internally displaced persons (IDPs), I have just undertaken an official country visit to the Republic of Niger from 19 to 24 March 2018, at the invitation of the Government. The objectives of my visit were to gather first-hand information on the internal displacement situation in Niger; to consult widely with the Government, local authorities and other key national and international stakeholders on the main issues and responses to internal displacement, as well as engage with internally displaced persons themselves; to consider ongoing challenges that Niger faces with regard to IDPs and assistance to them; and to identify protection concerns facing IDPs as well as opportunities for durable solutions.

I began my six-day visit in Niamey, where I held meetings with senior Government officials with responsibility for the responses to internal displacement, United Nations agencies and numerous other national and international stakeholders. I travelled to Tillabery to meet with local authorities, defense and security forces, as well as representatives of newly displaced persons. I completed my visit in Diffa, where I consulted with local officials, UN agencies and other members of the humanitarian community on the main issues affecting IDPs. I visited IDP sites in and around Diffa to hear directly from IDPs about their stories, most urgent needs, protection concerns and expectations and aspirations for the future. I regret that I was not able to visit other sites in more remote areas outside of Diffa due to security constraints.

The findings presented here represent only my preliminary observations and do not reflect the full range of issues that were brought to my attention, nor do they reflect all the initiatives on the part of the Government of Niger and other actors to respond to the two displacement crises in the Diffa and Tillabery region. Over the coming days, I will be reviewing the information I have received in order to develop my full country visit report which will be presented before the United Nations Human Rights Council at its 38th session this upcoming June in Geneva.

General considerations

Niger is currently facing two internal displacement crises on each side of its borders with Mali and Nigeria. Before the first attacks of Boko Haram in 2015 in the Diffa region, Niger had not experienced conflict-induced displacement and was not really prepared to deal with such situation.

The security situation in the regions of Tillabery and Tahoua bordering Mali continues to deteriorate on a daily basis. In February 2018, for the first time, people were displaced within the region of Tillabery, following an attack resulting in the death of a civilian and the kidnapping of two others. The situation in the Tillabery region is very fluid and fast-evolving. According to the latest protection monitoring undertaken by a local NGO, from March 2018, more than 8,000 persons are internally displaced in the departments of Bani Bangou and Ayerou. People are fleeing their homes preventively, and due to threats by non-state armed groups operating in the border areas. While the first movements took place over a month and a half ago, the Government still needs to develop a clear protection and assistance strategy to guide their response to meet the needs of IDP recently in the Tillabery region. As part of this strategy, the Government should provide assistance in host communities. This lack of vision by the Government is also resulting in humanitarian workers being left on standby, as they currently have no framework within which to operate. I recommend the establishment of a multi-disciplinary team that could support the Government and provide technical assistance to them in order to ensure an adequate response to the IDP situation in Tillabery.

Access to these populations, especially in the Tillabery region, was also raised as one of the major humanitarian concerns. Humanitarian access is limited for multiple reasons, in particular security reasons as well as difficult road conditions, . I was informed that some IDPs did not want to receive humanitarian assistance in their places of displacement because of fear of retaliation by non-state armed groups if they were perceived as siding with humanitarians. The fast-approaching rainy season could worsen road conditions, making it impossible to deliver necessary emergency assistance.

When I met with representatives from the newly displaced persons to hear about their needs and protection concerns, I was told that they lack access to basic services, food and non-food items, adequate shelter, access to healthcare and education. 40% of the newly displaced are children, out of which only 10% are in local schools. The school canteen system needs to be reinforced in order to cover the food and nutrition needs of these children, which will allow them to go to school. I would also like to stress the specific protection challenges faced by some of the most at risk groups, including women and girls, unaccompanied children, persons with disabilities and older persons. Within the group of the newly displaced, the conditions facing some 300 pregnant women are particularly worrying and need urgent attention. While some protection monitoring has been undertaken through local NGOs working in partnership with the United Nations, a much deeper understanding of the protection issues faced by IDPs and the affected populations is needed.

With increasing military operations in the Tillabery region and the multiplication of forces present on the ground, including the FDS (defence and security forces) and G5 Sahel, protection of civilians needs to be central. I was surprised to hear that a strategy for the protection of civilians has yet to be put in place by the G5 Sahel. Despite the very recent establishment of a civil-military mechanism between humanitarian actors and defence and security forces from all the operations present in the area, which is a welcome step, stronger coordination between civil and military actors is urgently needed and the principles of distinction between combatants and civilians, as well as the protection of civilians, need to be reinforced and integrated into the security strategy.

Although the Government may have legitimate security concerns, I would like to remind them of their obligations under international humanitarian and human rights law, and the need for the preservation of the civilian and humanitarian character of IDP sites and hosting areas. Security measures such as screening must comply with international human rights standards, which means that the civilian population, including IDPs, must not face undue restrictions on their rights to freedom of movement and must not be arbitrarily arrested or detained.

It is my sincere hope that the Government will draw lessons from the situation in Diffa and that it will urgently clarify its position, before further displacement occurs. The Government, together with humanitarian actors on the ground, have the opportunity to address the situation in Tillabery from an early stage. This opportunity must be seized now. Failing to do so will result in further displacement and suffering of the population.

In parallel to this newly emerging situation, since the first wave of attacks by Boko Haram in Niger in 2015, the Diffa region, in the South-East, has been facing a security crisis and a humanitarian emergency. Despite a relative reduction in the number of security related incidents in the past months, January 2018 experienced a resurgence of attacks by Boko Haram in the Diffa region. The persistent threat posed by Boko Haram is expected to maintain close to 130,000 IDPs in a situation of protracted displacement. Internal displacement has resulted in the loss of social protection networks, exposure to abuses and other protection risks such as early marriage, gender-based violence, intercommunal tensions, and land and property disputes. The affected individuals and communities are struggling to meet their basic needs such as food items and to have access to basic services, including health care and education. The combination of rudimentary living conditions inherent to the emergency situation, and the soaring temperatures close to 45°C, has led to occurrences of fires on the sites, which represents an additional protection concern.

Specific human rights and humanitarian concerns for IDPs in Diffa

I was disturbed to learn from the IDPs themselves of the dire situation in terms of food security in the IDP sites in Diffa. Some of the IDPs I met said they were hungry due to limited food distribution, with many having to share meals and rely on the community’s solidarity. The ongoing conflict, coupled with the effects of years of state of emergency in the region, have deprived IDPs of their traditional livelihoods, including fishing, land cultivation, cattle-herding and commercial activities.

In addition, access to medical care is severely limited and medical facilities must be urgently improved. Mobile clinics cannot do nightshifts because of the curfews in place. This has had a detrimental impact on the most vulnerable, including pregnant women. Many IDPs, and particularly women and children require urgent treatment, while many are deeply traumatized by the violence that prompted them to flee, or by the violations and abuse that they have suffered since. They require urgent psychosocial support that is currently largely absent. Cramped and unhygienic conditions in the sites, especially in the urban area, may lead to communicable diseases.

The situation of women and girls in IDP sites is of particular concern and requires urgent action. I was informed of allegations of rape, sexual and gender based violence, as well as widespread incidence of survival sex. After three years living in displacement, children often begin to represent an economic burden on the family, and as a consequence there has been an increase in the already existing practice of early marriages in the Diffa region. I am concerned that this constitutes a hidden crisis of abuse, with stigma and cultural factors leading to impunity for perpetrators. Measures can and must be taken immediately to protect vulnerable women and girls, including by preventing and providing adequate remedial response to sexual and gender-based violence cases. Related efforts should also be devoted to strengthen targeted sensitization campaigns and training activities.

The crisis in Diffa has had disproportionate impact on children. I was made aware of the recruitment of young people by Boko Haram, which was partly made possible by poverty and lack of opportunities for youth in the region. In a generalized climate of suspicion, many false accusations led to arbitrary arrests and detention, especially of children. While a number of children were released thanks to advocacy efforts led by protection actors, some children still remain detained since 2015. These children must urgently be transferred to transit and orientation centres.

In addition, in a region where access to quality education was historically low before the crisis, the situation has dramatically worsened. There is a lack of qualified teachers in Niger, and after a 2017 evaluation undertaken by the Government, around 600 teachers in the Diffa region did not pass the tests and were ultimately let go. While more children go to primary school than before the crisis, a number of issues have prevented children from attending school. Recent threats towards teachers have led to a shortage of teachers, out of fear of being attacked. Three schools were attacked in 2017, canteens looted and property destroyed. IDPs informed me that other issues had an impact on children’s school attendance, including the lack of clothing and food supply.

Three years after the initial movement of IDPs, housing, land and property challenges are likely to surface. I met with urban IDPs in Diffa who told me that they relied on the community’s solidarity with regard to land and sometimes experienced evictions from lands that had been initially put at their disposal by private landowners. While I noticed the general living conditions in urban sites seem to be more favourable, the situation of urban IDPs remain highly unpredictable given this constant fear of being evicted even though they have been living there for a protracted period of time. I strongly encourage all actors involved to look into the plight of these IDPs and work on housing, land and property issues.

In all the sites that I visited, there was a prevailing sense of frustration and hopelessness among the IDPs concerning their ability to return to their places of origin due to security restrictions and to their traditional ways of living. Meanwhile, in the displacement sites, income generating activities are sorely lacking and the IDP men and women, both young and old, with whom I spoke with, clearly expressed their urgent needs to engage in sustainable income generating activities in order to lessen their dependency on assistance. They cited lack of resources to engage in income-generation and restrictions on mobility to do commerce. Moreover, they informed me that it is important for them, either as agriculturalists or livestock herders, to maintain their ways of life and live in peace and security with their host communities.

Government response to the crises

The efforts of the Government of Niger, including the establishment of the Minister of Humanitarian Action and Disaster Management, and its regional institutions in responding to the internal displacement situations are positively acknowledged. Numerous Government institutions have vital roles in addressing the needs and protection of IDPs and are responding to the extent of their limited human and financial resources and capacity. Key among these are the Ministry of Humanitarian Action and Disaster Management and its regional counterpart in Diffa which have been at the forefront of the crisis response and have played a vital role to-date including in the delivery of assistance. In addition, bodies including the Directorate of Civil Status, Migrations and Refugees (DREC) and the Regional Directorate for the Promotion of Women and Child Protection (DRPE), among others, have made important contributions to responses alongside and in collaboration with their national and international partners. In this regard, I recognize the important role of the DREC in civil registration of IDPs. In Diffa, I learnt with concern that 80% of the displaced population had no civil documentation, either because it was left behind, or because they never had any documentation. At the same time, I want to stress that registration should be guided by the fundamental principles of non-discrimination, and should not be detrimental to the protection of IDPs. In addition, the independent National Commission on Human Rights, as a national human rights institution with status A, has, despite dire resource constraints, prioritized the establishment of regional antennas in Diffa and Tillabery to respond on site to the human rights challenges posed by internal displacement. While welcoming the important work of these institutions, it is still of utmost importance to designate at State level a main focal point which will be in charge of the overall response and coordination among different Ministries and other stakeholders.

As efforts by the national authorities to address the needs of IDPs have come late and inconsistent, they must be urgently strengthened. Essential elements of a truly effective national response must include a legislative and policy framework on internal displacement, consistent with international standards including the Guiding Principles on Internal Displacement (1998) and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention, 2009). The Government of Niger ratified the Kampala Convention in 2012 but has yet to take steps to incorporate its provisions into domestic law.

In this regard, I very much welcome the engagement of the authorities of Niger to develop a draft IDP law, including the establishment of a technical Committee for the elaboration of this draft in accordance with the Kampala Convention. I urge the Government to provide the Committee with the necessary means and support to fulfill its objectives so as to allow swift adoption by the Parliament. Given the multi-causal displacement in Niger, this draft law should address all causes of displacement, including disasters, and address all stages of displacement from prevention to durable solutions. Such a legal framework would enshrine the human rights of IDPs and the obligations of national and regional authorities in domestic law, clarify the roles and responsibilities of different bodies and agencies and ensure coordination among them, as well as establish and guarantee adequate and sustainable budgets. I cannot stress strongly enough the need for such a legal and policy framework to be adopted as a matter of priority. My office remains at the disposal of the Niger government to provide advice throughout this process, along with other stakeholders.

It was frequently stated to me that Niger lacks experience in dealing with a humanitarian and displacement crisis on the current scale. The experience of Diffa should inform the Government on measures to put in place in response to the Tillabery situation. It is essential that the Government step up its response and that the international community equally dedicate urgent additional resources and attention to this evolving crisis. The time to act is now. There is no doubt that this is a neglected crisis which demands much greater attention and that Niger lacks the capacity and resources to tackle it alone.

In Diffa, three years after the first wave of internal displacement, it was stressed to me that there is great interest by many stakeholders to better join up humanitarian and development approaches, to address protracted internal displacement and support durable solutions for IDPs. Both the situations in Diffa and Tillabery would indeed benefit from stronger interventions by development actors, in addition to the response to the protection and assistance needs of IDPs. . I would like to stress that participation of the IDPs in such processes and decisions are essential in order to ensure their sustainability, relevance and ownership by both the IDPs and the host communities.

International community’s response

While acknowledging the achievements of the existing UN humanitarian architecture, three years already into the crisis, there is an urgent need for a Humanitarian Country Team protection strategy to be put in place. This would require efforts toward stronger integration of IDP issues across all sectors – including WASH, nutrition, health and education, etc. – and for the swift adoption of a comprehensive protection strategy, including for gender-based violence.

At this critical time I also call upon the international and donor community to provide additional support to Niger as it confronts a humanitarian and displacement crisis. In 2017, while the Humanitarian Response Plan funding requirement was funded to some 80 per cent of the estimated needs, protection was only funded to 18 per cent. This significant shortfall hampers the essential efforts of protection actors and must be addressed as a matter of priority if we are to respond seriously to the protection needs of IDPs. The Humanitarian Response Plan for 2018 is requesting 338 million dollars, including 163 millions for the Diffa region, and I encourage donors to fund this Plan.  Any efforts for the implementation of the Sustainable Development Goals should not leave Niger’s internally displaced persons behind who, meanwhile, must live their lives in dignity and rights as the rest of the population Niger must not be forgotten and the international community must not turn a blind eye on the new and more protracted displacement situations in the Tillabery and Diffa regions respectively.

Progress towards achieving durable solutions

I would like to recall that, according to the IASC Framework on Durable Solutions for IDPs, all three durable solutions options, i.e. safe and dignified return, local integration or settlement elsewhere in the country, should be made available to IDPs. In this respect the views and wishes of IDPs must be fully taken into account and respected, including their right to choose durable solutions that are appropriate for them in accordance with their intentions.

While the Government is now geared toward development initiatives for IDPs in Diffa, I would like to emphasize that these should go hand-in-hand, and not at the expense of protection and humanitarian assistance. The Government, in consultation with IDPs, should develop a framework for durable solutions for IDPs, which would also help clarify division of responsibilities. While there is a need to move from a purely humanitarian response to more sustainable solutions, the current situation in Diffa remains volatile and humanitarian needs acute, calling for continued assistance. Integrating transitional steps, such as loosening the current economic restrictions under the state of emergency, would notably allow IDPs to resume their traditional livelihood activities, thereby alleviating to some extent the economic asphyxia of the region.

IDPs whom I met reported that conditions in many areas are still precarious and not yet conducive for their return due to continuing insecurity, the destruction of infrastructure and homes, and the absence of basic services in areas of origin. Despite the security risks in return areas, it is tragic that one of the IDPs I met in Diffa told me: “I would rather run the risk of being shot at going back fishing, than dying of hunger”. Everywhere I went, there was a crying need expressed by the IDPs to be supported with income generating activities.

Conclusion

My short but intense and fully packed visit allowed me to consider internal displacement in both the southeastern part of Niger and to travel to that region, as well as the newly emerging and worrying situation in Tillabery. These two situations, while distinct, require ongoing and renewed attention. I urge the Government to provide an effective response, commensurate to the needs of IDPs and in accordance with human rights standards applicable to them, until durable solutions are achieved for them. In the context of increasing military operations in the Tillabery region, I urge the Government, defense and security forces and the Humanitarian Country Team to work hand in hand to strengthen coordination between civil and military actors so as to allow for a rapid response to the needs of IDPs.

Finally, I reiterate my thanks to the Government of Niger for its invitation and for its cooperation with my mandate, which I hope constitutes the beginning of a constructive and fruitful engagement ahead. I also thank the representatives of the local authorities in Diffa and Tillabery whom I met. I also wish to express my sincere gratitude to the Resident Coordinator/Humanitarian Coordinator and, in particular, the office of the United Nations High Commissioner for Refugees and the Office of the High Commissioner for Human Rights for their unwavering support in ensuring the success of my visit. I also thank all other institutions and individuals whom I met and who provided valuable information to me.

Lastly, I express my gratitude to the IDPs of Niger who engaged with me and, despite the difficult conditions of their displacement, shared with me their hopes and aspirations for themselves and their families.