SB 367: Socially Displaced Persons Unit (Establishment, etc) Bill, 2016

Bill Analysis:

SHORT TITLE

Socially Displaced Persons Bill, 2016

OBJECTIVE OF THE BILL

The objective of the Bill is to establish a Social Displacement Unit (“the Unit) for the assessment, relocation, care and rehabilitation of socially displaced persons.

NUMBER OF CLAUSES/PARTS

The Bill has 4 parts and 32 clauses, including the interpretation and explanatory memo.

CONTENTS

The Bill has the following contents: -

• Part I: - Interpretation of terms
• Part II: - Establishment of the Socially Displace Persons Unit
• Part III: - Constitution of the Board and its functions
• Part IV: - Establishment of Care Centers and regulations

IMPLICATIONS OF THE BILL

1. Establishment of Socially Displaced Persons Unit (“the Unit”)

The Bill under Clause 3 provides that the Minister shall establish a Social Displacement Unit (“the Unit”) for the assessment, relocation, care and rehabilitation of socially displaced persons.

2. Functions of the Unit: - The Bill provides that the Unit shall be responsible for the following –

• Coordinating and monitoring of the voluntary and involuntary removal of socially displaced persons from the streets and other public places;
• Coordinating and monitoring activities pertinent to the rehabilitation of socially displaced persons;
• Identifying the factors that lead to social displacement and implementing educational and other programmes aimed at preventing an increase in the population of socially displaced persons;
• Establishment of the Social Displacement Fund (“the Fund”);
• Advising and making recommendation to the Board on all other matters pertaining to the care of the socially displaced and such other matters as the Minister may refer to;
• Establishment and monitoring of care standards for the socially displaced.

3. Staffing of the Unit: - Clause 5 of the Bill lists the staff members to include an executive director, executive assistant, social work specialist, psychologist, medical doctor, registered nurse, 2 social workers, research officer, psychiatrist, clerk typist and a field worker.

4. Establishment of the Social Displacement Fund (“the Fund”): - The Bill provides that the Social Displacement Fund shall be set up to finance social displacement projects identified by the unit.

The fund shall be funded by monies appropriated by the National Assembly, contributions form corporate and individual citizens, regional and international agencies and other sources. The fund shall be audited annually by the Auditor-General of the Federation.

5. Social Displacement Board: - The Board shall consist of a Chairman and 11 members to be appointed by the Minister. The term for each appointment shall be 3 years, but can be terminated by the Minister before the expiration for any reasonable cause.

6. Membership of the Board: - The board member shall be made up of representatives from the Ministry of Health, Ministry of Youth and Social development. Other members include representatives from the Trade Union Congress and a non-governmental organization, a qualified accountant and a lawyer of at least 5 years. The Executive Director shall be an ex officio member of the Board.

Any member may resign by a letter to the Chairman, forwarded to the Minister. The Chairman may write directly to the Minister at any time to resign his appointment

7. Special Meeting of the Board: - The Chairman may at any time call a meeting of the Board within 7 days of the receipt of a requisition for that purpose addressed to him by 3 members. The Chairman shall certify a copy of the minutes of the meeting at a subsequent meeting before forwarding to the Minister.

8. Responsibility of the Board: - The Bill under Clause 11 provides that the Board shall be responsible for –

• The overall policy and direction of the Unit;
• The management of the Social Displacement Fund; and
• Assisting the Unit in the attainment of the objectives of the Unit.

9. Establishment of Assessment & Care Centers: - The Minister shall establish assessment centers and may by order designate an existing facility to be an assessment center. Such center shall be under the control of the Unit. A socially displaced person may voluntarily seek admission to an assessment center.

Under Clause 18(1), the Minister may issue a certificate approving the use of any house or home as a care center authorizing the person named in the certificate to admit a socially displaced person for care and treatment. The admission may be urgent, voluntary or medically recommended. Every person admitted to a care center shall be under the care and supervision of a medical practitioner or social worker.

10. Admission into an Assessment Center: - A field officer determines upon investigation that a socially displaced person is unwilling to seek admission to an assessment center and cannot be persuaded to do so. The field officer shall submit a written report to the Unit on the case. Upon receipt of the Report, where the Unit is satisfied that all efforts to persuade the person have failed,

• The Unit shall make an application in the prescribed form to the court for an order to admit that person to the center;
• Where a court is satisfied with the evidence presented that the person is a socially displaced person, the court shall make an order requiring that person to be admitted to an assessment center;
• That person shall be served a copy of the order and the field officer shall advise him that he is entitled to legal aid in accordance to the Legal Aid Act

11. Removal of a Socially Displaced Person: - Where the court makes an order for the removal of a socially displaced person, a field officer may do so in a “humane manner” and in such a way that the dignity of that person is preserved.

A socially displaced person may be removed by the field officer accompanied by a police officer and the next of kin or closest relative informed as soon as it is reasonably practicable to do so.

12. Application for Certificate for Care Center: - A house shall not be used as a care center unless a certificate is issued by the Minister approving the use of the house as a care center. An application for a certificate shall be made if the house satisfies the criteria relating to the standards of care as set out in the regulations. A certificate issued for this reason shall be displayed in a conspicuous part of the house.

13. Non Issuance or Renewal of License: - A certificate shall not be issued or renewed unless the house, its location with regard to the neighboring premises and its proposed facilities and equipment adhere to the standards of care as established by the Unit and the Minister is satisfied with the character and fitness of the applicant. A medical practitioner shall supervise every care center.

14. Remuneration of the Care Center Manager: - The care manager shall be paid a fee in an amount to be determined by the Minister from time to time in respect of each admitted to the center.

15. Failure to Comply: - Anyone who contravenes any provision of the Bill (when signed into law) is liable on summary conviction to a fine of $5,000 and one year imprisonment (Clause 19). This Clause made reference to Sections 19(3) or 19(6) of an Act, which was not mentioned in the Bill. The offence being referred to is not clear.

16. Assessment of a Socially Displaced Person: - The Bill under Clause 20 provides that where a person has been admitted into an assessment center, the center shall undertake an initial assessment at the time of admission. Within 14 days, the Unit shall conduct a further assessment of that person to determine whether he should be discharged from the center or be admitted into a mental or medical institution, a detox or rehabilitation center or a care center.

Admission into the care center shall be the beginning of the care process that would facilitate rehabilitation and reintegration into the society.

17. Case Review of Residents: - Clause 22 of the Bill provides that the Unit shall review the case of each resident of a care center on a monthly basis to assess their suitability for discharge from the center. The Unit shall have the authority to recommend that any resident may be discharged from a care center conditionally or unconditionally.

18. Alternative to Care provided by the Care Center: - Any person who may be a friend or relative to a socially displace person, willing to provide care for the displaced person may apply to the Director to care for them. Where the Director is satisfied with the applicant’s ability to provide care for the socially displaced person, he may discharge the person into the care of the applicant.

19. Work for the Socially Displaced: - A person in a care center may be required to do some work for which they have been certified capable of doing, either with a view to fitting him for employment outside the care center or with a view to them contributing to the maintenance of the center (Clause 25).

20. Leaving the Center without Permission: - Under Clause 28, where a field officer determines that a person:

• Without permission of the manager, leaves a care center to which he was admitted;
• Leaves the care center with permission but stays longer than the time approved by the manager;
• Without reasonable excuse returns to street life, commits an offence and is liable on summary conviction to imprisonment for a term not exceeding one month.

21. Assault on Care Givers or Officers: - Any person who assaults and officer, aggravates assaults of other persons residing in the center or willfully destroys or steals property of the care center is liable on summary conviction to a term not exceeding 3 months.

22. Arrest without Warrant: - Any person reasonably suspected of having committed an offence and who refuses to accompany a police officer to appear before a Magistrate Court, may be arrested without a warrant.

23. Return to a Care Center after Sentence: - A person who has completed serving a sentence imposed on him shall be returned to a care center and the Unit shall have the authority to admit them after the sentence

24. Power to Make Regulations: - The Minister may make regulations for the purpose of giving effect to the provisions of this Bill (when signed into law). Regulations may be made for –

• Granting or withdrawal of certificate
• Prescribing fees payable in respect of the issue or renewal of a certificate
• Prescribing the constitution and functions of the Unit
• Regulating the management of assessment and care centers and admission of persons
• Prescribing standards of care
• Prescribing forms to be used for the purpose of this Bill (when signed into law)

ANY SIMILAR EXISTING BILL

This Bill is similar to a couple of Bills before the National Assembly. Three of the Bills (HB 532, HB 535 & HB 331) have been consolidated into Rights of the Internally Displaced Persons Bill, 2016.

Another similar Bill is the National Commission for Internally Displaced Persons, Refugees & Migrants Bill, 2016 (HB 603) sponsored by Hon. Mohamed Sani Zorro.

SB 335 – National Commission for Internally Displaced Persons sponsored by Sen. Muhammad Ubali Shittu is exactly the same with HB 603.

COMPARATIVE ANALYSIS OF THE BILLS

The Bills from the comparative analysis (above) seek to address social issues related to displacement, migration, relocation and rehabilitation. While HB 603 & SB 335 deal with inter and intra national movement of persons, SB 367 affects persons within Nigeria only. A consolidated Bill would encompass provisions on all these social issues and would be more comprehensive and effective.

HB 603 and SB 335 seek to repeal the National Commission for Refugees Act, Cap N21 LFN, 2004, and replace the National Commission for Refugees with the National Commission for Internally Displaced Persons. The new Commission (once the Bill is passed into law) shall have various Committees to deal with different classes of displaced persons, one of which could serve the functions of the Unit that SB 367 seeks to establish. A consolidation is definitely needed to avoid duplicating roles.

Furthermore, HB 331, which has been consolidated with HB 532 and HB 535 provides for the rights of Internally Displaced Persons (IDPs) and is consistent with the principles of Chapter 2 – Fundamental Objectives & Directive Principles of State Policy enshrined in the 1999 Constitution. The Bill provides for the freedom of movement, thought, conscience, religion, belief, opinion and expression of the IDPs, as well as protection against discrimination.

The common underlying factor among all these Bills is displaced persons (migrants, refugees, homeless persons, etc.). This should form the basis for consolidation of all the Bills listed in this section, to produce a comprehensive Bill on displaced persons generally. 

CONCLUDING ISSUES

This Bill (SB 367) seeks to cater to persons socially displaced in Nigeria. The Bill empowers the Minister assigned with the responsibility of Social Development to create a Unit within the Ministry to provide assistance to the homeless persons, mentally challenged, beggars and any other person habitually found in public places, unable to maintain himself or herself. The Unit when created will help rid the streets of beggars, street children and homeless persons.

Though the Bill is relevant today given the increased number of displaced persons around Nigeria, it is not comprehensive in interpretation. Clause 15(4)(a) mentioned “section 42” but did not clearly define which law was being referred to. Clause 19 made reference to “section 19(3)” and “section 19(6)” but is not clear on which law is being referred to.

Clause 19 stipulates that a person who contravenes the provisions of the Bill (when signed into law) shall be liable to a fine of $5,000, rather than an amount in Naira, which is Nigeria’s currency.

There are several Bills that are similar to this Bill before the House of Representatives and Senate. This Bill needs be revised to clear up the ambiguities and consolidated with other similar Bills as a single Bill. This will ensure effectiveness of the Bill as the social issues being addressed by all the Bills are related and can be consolidated as one Bill.

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