Nigeria's Migration Policy: Lots Of Laws But No Coherence And Poor Implementation

(MENAFN- The Conversation) Nigeria's migration policies are extensive on paper. Designed to address both emigration and immigration, they reflect the country's role as a migration hub in west Africa.

They aim to balance the benefits of migration with the need for security and orderly management of migratory flows in and out of Nigeria. But the policies are often poorly implemented.

The implementation of migration policies in Nigeria has faced longstanding challenges . These include resource constraints, institutional weaknesses, lack of coordination among stakeholders and corruption.

This is mainly due to a reactive rather than proactive approach to migration governance by the government in certain areas. Nigeria's policies and law combating human trafficking and managing migration were often crafted in response to immediate crises or external pressures rather than as part of a strategic, long-term vision .

This reactive approach has led to piecemeal and sometimes contradictory policies. An example was the Expatriate Employment Levy endorsed on 27 February 2024 by President Bola Ahmed Tinubu. A month later it was swiftly suspended following a backlash from businesses, trade unions and other stakeholders.

The policy's introduction without adequate consultation points to the lack of coordination and foresight that hampers effective migration governance and management in Nigeria.

The country faces significant migration challenges, both internally from forced migration and displacements, and from citizens wanting to leave for opportunities abroad.

Socio-economic and political factors shape this landscape.

Internally, Nigeria grapples with severe socio-economic disparities and high unemployment, political instability and periodic conflicts. This is particularly true in the north-east, which is plagued by insurgency . These conditions have led to large-scale internal displacements and forced migration.

According to the United Nations Refugee Agency, Nigeria had over 3 million internally displaced persons by April 2024. The estimated number in the north-east is 2,305,335.

Many Nigerians seek better opportunities abroad, contributing to a diaspora of skilled and semi-skilled professionals. This trend is often called the “japa” syndrome .

Read more: Young middle-class Nigerians are desperate to leave the country: insights into why

As a researcher with an interest in international trade law, comparative regional integration and development, I believe the free movement of people is a cornerstone of African integration and development.

I am part of the New South Institute's Migration Governance Reform in Africa programme , which launched a study to map out ways to ease movement and settlement, and improve migration management, by Africans across African borders.

My latest paper for the programme, focusing on migration governance frameworks in Nigeria, is the fourth instalment in the series. In the paper I highlighted the interplay between regional and national migration policies, emphasising Nigeria's role in the Economic Community of West African States .

The study reveals progress in legal frameworks and institutional policies aimed at enabling migration while addressing security and economic challenges.

It also underscores the importance of coordinated efforts and robust governance to improve the ease of movement and economic integration in the region.

Read more: Free movement in west Africa: three countries leaving Ecowas could face migration hurdles

Historically Nigeria has experienced substantial inflows and outflows of people.

Being a member of Economic Community of West African States (Ecowas) has played a role. The bloc's protocols give citizens the right to move between countries in the region without a visa. It also gives them right of residence and to set up businesses. The protocols have long been seen as a positive example of a free movement regime on the continent.

Domestically, Nigeria has made strides in migration governance, passing several laws and policies. Laws include the Immigration Act , immigration regulations , migration policy and a new visa policy adopted in 2020.

There are also policies to promote good governance of labour migration, protect displaced populations, ensure diaspora engagement and a law to combat human trafficking.

But the policies lack coherence, and there's poor implementation.

The introduction and then withdrawal of the Expatriate Employment Levy is an example.

The levy mandated businesses employing expatriates to pay US$15,000 for a director and US$10,000 for other workers. The idea was that this would drive economic growth and foster local workforce development.

The levy had potential benefits, like encouraging local content and skills transfer. But it wasn't well planned.

Laws and regulations also suffer from poor execution. These include the 2015 National Migration Policy and the 2014 National Policy on Labour Migration .

The National Migration Policy aims to protect the human, civil and economic rights of Nigerians abroad, and encourage orderly migration of Nigerians.

The National Policy on Labour Migration is supposed to protect migrant workers and their families left behind, and use labour migration to benefit development.

But applying regional frameworks like the Ecowas protocols to the national level lacks consistency. It creates gaps in migration governance.

Nigeria has no legal framework directly addressing the Ecowas protocols' clauses on equality of treatment. It has introduced the Ecowas travel certificate and common passport, and created a revised national identity number . The idea is to eventually make cross-border movement easier.

But, as noted in my paper , what's missing are the migration laws and policies that would underpin employment security of migrant workers, including Ecowas citizens.

Also, the country's frameworks are silent on the reemployment and training of community citizens or giving them preferential treatment over other migrant employees in case of job loss.

The gaps stem from an inadequate translation of policy documents into actionable programmes. The reasons for that include insufficient funding and a lack of coordination among the many stakeholders involved in migration management.

Read more: Free movement in West Africa: the culture of mobility still matters despite challenges

Nigeria's migration challenges have far-reaching implications. They affect its socio-economic development, regional stability and international relations.

The country's sizable diaspora contributes significantly to remittances. But it also represents a loss of skilled labour. The internal displacement crisis, fuelled by conflict and economic hardship, strains resources and adds to socio-political tensions.

Nigeria must be more proactive about these challenges. This begins with seamless coordination among government agencies, the private sector and civil society. Regular stakeholder consultations would help to align policies with real-world needs.

Adequate funding and specialised training for immigration officers are crucial to deliver an efficient service.

Robust data systems, backed up by regular censuses and surveys, should inform policy decisions.

Simplifying visa and work permit processes and ensuring transparency would create safe, legal migration pathways.

Socio-economic reforms tackling unemployment, poverty, insecurity and regional development would create sustainable livelihoods.

Finally, honouring Ecowas commitments would foster regional integration and stability. So would working with regional partners on common migration challenges.

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