Legal Frameworks for Refugee Protection and Internal Displacement in West Africa: Challenges of Forced Migration in Conflict and Climate-Affected Regions

Abstract

West Africa experiences significant forced displacement driven by armed conflicts, terrorism, political instability, communal violence, environmental degradation, and climate change impacts. This research paper examines legal frameworks governing refugee protection and internal displacement in West Africa, analyzing their effectiveness in addressing contemporary displacement crises. The study investigates international refugee law instruments including the 1951 Refugee Convention and 1969 OAU Refugee Convention, regional frameworks such as the ECOWAS Protocol on Free Movement, national refugee legislation, and emerging legal responses to climate-induced displacement. Through comparative analysis of displacement situations in countries including Nigeria (Boko Haram insurgency), Mali (armed conflict), Burkina Faso (terrorism), and Senegal (Casamance conflict), this research identifies gaps between legal protections and lived realities of displaced populations. The paper examines critical issues including refugee status determination procedures, encampment policies versus urban refugee integration, protection of internally displaced persons (IDPs) under the Kampala Convention, durable solutions including voluntary repatriation and local integration, and the particular vulnerabilities of women, children, and other groups within displaced populations. Employing doctrinal legal analysis, empirical case studies, and human rights monitoring data, the research reveals that while international and regional legal frameworks provide comprehensive protection standards, implementation suffers from inadequate resources, security concerns, political sensitivities around sovereignty, and limited coordination among humanitarian actors. The paper concludes with recommendations for strengthening refugee and IDP protection including enhanced implementation of the Kampala Convention, development of regional protection frameworks addressing climate displacement, improved asylum procedures ensuring fair refugee status determination, increased support for host communities, and durable solutions emphasizing rights-based approaches to displacement resolution.