Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

In correspondence with the Research Directorate, a managing partner of a Toronto-based law firm which specializes in immigration and refugee law, stated, based on consultations with senior lawyers practicing in Nigeria, that "in Nigeria, a place of origin speaks to the paternal ancestral place of birth of an individual and not the place of birth of the individual" (Managing Partner 18 Jan. 2017).

According to a 2015 report written by Bronwen Manby [1] for the UN Refugee Agency (UNHCR) and the International Organization for Migration (IOM) on nationality, migration and statelessness in West Africa,

[s]ince no law establishes another document to do so, the proof of [one's] right to be Nigerian is effectively a certificate of indigeneity, a document that has no legal basis, and for which there are no established written criteria on the basis of which a refusal could be challenged. (Manby June 2015, 37)

According to Human Rights Watch, "'Certificates of Indigeneity' are also referred to as 'Certificates of Origin' or 'Indigene Certificates'" (Human Rights Watch 25 Apr. 2006, 20).

Manby states that, according to information obtained through an interview with the Nigerian Immigration Service in July 2014,

a "certificate of indigeneity" … determined as the father's community of origin - is required for many purposes, including applications for civil service positions, government scholarships, election to public office and many other official interactions. A certificate of indigeneity is also required to obtain a passport. (Manby June 2015, 37)

In correspondence with the Research Directorate, a partner at a law firm in Ikoyi, Lagos, who specializes in employment and immigration law, stated that

[t]he Certificate of State of Origin is a prima facie evidence of the State of Origin which a person claims. It is a general means of identification. In Nigeria, this Certificate may be required for various administrative purposes viz:

1. Scholarship schemes;
2. Employment/job placements;
3. Admission into institutions of learning; and
4. Political appointment etcetera. (Partner 16 Jan. 2017)

The website of the Nigeria National Identity Management Commission indicates that a "State of Origin [C]ertificate" is required, among other documents, "as a proof of [one's] identity for [one's] [National Identity Number] enrolment" (Nigeria n.d.a).

According to the Managing Partner, local governments can also issue "Certificates of Local Government of Origin" (ibid. 18 Jan. 2017). The website of the Nigerian Defence Academy states that as a "requirement for admission into the regular course of Nigerian Defence Academy," a "Local Government certificate of origin must be presented and a certificate of State indigeneship from the Office of the State Governor is desirable" (Nigeria n.d.b.). Further and corroborating information on the Certificate of Local Government of Origin could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the same source, in further correspondence with the Research Directorate, there is no difference between the "Certificate of State of Origin" and the "Certificate of Origin/Indigene/Indigeneity," given that different states or local governments use different terminologies as there is no unified format (Managing Partner 21 Jan. 2017). He also indicated that the certificates issued by the state and by the local governments are used for the same purpose (ibid.).

Manby states that

[a]n entire infrastructure of personnel and form-filling exists to supply [certificates of indigeneity] from each of the 36 states of the federation and 774 local government areas (and the Federal Capital Territory, Abuja). (Manby June 2015, 37)

According to a 2015 report by the UN Special Rapporteur on minority issues summarizing a mission to Nigeria to the Human Rights Council, "[t]hose interviewed [for the report] described a socially entrenched distinction between those recognized as the original inhabitants of a State (indigenes) and those who are not (settlers)" (ibid., para. 20). The same report further states that "the Constitution does not provide a definition of 'indigene' or 'settler' status" and that

[c]ommunity and civil society representatives repeatedly highlighted the relevance of the categorization of indigenes/settlers at the state and local levels in today’s Nigeria, and its profound impact on people’s lives. It was pointed out that those regarded as "indigenes citizens" are given preferential access to public resources, government jobs, university education and scholarships and access to land, opportunities not provided to the "settlers." (UN 5 Jan. 2015, para. 21)

2. Requirements and Procedures

According to the Managing Partner of the Toronto-based law firm, "[t]here are no standard procedures for obtaining the Certificate of State of Origin" (Managing Partner 18 Jan. 2017).

The Partner of the Lagos-based law firm indicated that the procedure for obtaining a Certificate of State of Origin "will normally include":

• A visit by the applicant to the State Liaison Office with at least two (2) passport photographs to indicate interest in obtaining the Certificate.
• Some State offices may design an application form in which the applicant must fill necessary pieces of information…: Name, Kindred, Village, Town, Local Government Area, Autonomous Community, Contact address, Phone number, et cetera.
• Also, the applicant may be required to produce some form of identification.
• The applicant shall pay a certain fee for the processing of the certificate (this fee is not uniform across all States but normally falls within the range of 2000 - 5000 [Nigerian Naira] [approximately $C8.42 - $C21.06])
• After processing, the practice for most States is that the Certificate must be collected by the applicant personally. (Partner 16 Jan. 2017)

The same source further noted that "[t]here have been instances where applicants were required to communicate in their local dialect, or at least, explain why they cannot do so effectively" (ibid.).

The Managing Partner stated that

[a] state may require the applicant to fill some forms indicating the names and place of birth of the paternal ancestors (parents, grandparents, greatgrandparents) of the applicant, their local government area, place of birth of the applicant and whether the applicant speaks the language of the local community where the ancestors were born of has lived within the state for a considerable period of time. These questions would enable the officer to determine that the applicant is qualified to be accepted as an indigene of that state. The applicant could be required to pay a fee, submit a copy of his/her birth certificate and a sworn affidavit, affidavits of support from the applicant's parents or older relations to further support the application. Additionally, the applicant may be asked to obtain support letters (recognizing the applicant as an indigene of the community) from the traditional ruler of the applicant's city, town, village or hamlet. (Managing Partner 18 Jan. 2017)

3. Issuing Authority

According to the Managing Partner, the issuing authority for the Certificate of State of Origin is "the Governor of that state" but that the Governor "may delegate such functions to any officer in the employment of the state government" (ibid.).

The Partner stated that

[t]he issuing authority for the Certificate of State of Origin is either the State Liaison Office or the Local Government Secretariat of the applicant within the issuing State. The former shall apply where an applicant from a particular State resides in another State. He must then visit his State’s Liaison within his ordinary State of residence. For instance, an applicant from the South-Eastern State of Imo who resides in Lagos State and who wishes to obtain the Certificate must visit the Imo State Liaison Office in Lagos State. The signing authority is the Director of the State’s Liaison Office (or any duly authorised personnel signing "for the Director").

On the other hand, the Local Government Secretariat of the applicant shall be the issuing authority where the applicant resides in his State of origin. Here, the signing authority shall be the Local Government Chairman (or any duly authorised personnel signing "for the Local Government Chairman"). (Partner 16 Jan. 2017)

In correspondence with the Research Directorate, a researcher and lecturer with the Centre for Conflict Management and Peace Studies at the University of Jos, Nigeria, who has written on ethno-religious conflict in Nigeria, indicated that "the office of the secretary of government of state" issues the Certificate of the State of Origins "on behalf of the governor" (Researcher 6 Jan. 2017).

4. Decisions on Granting Certificates

The 2015 report by the UN Special Rapporteur on minority issues states that “[i]n the light of the absence of guidelines to regulate the indigeneship status, local and state governments enjoy total discretion to grant it or not” (UN 5 Jan. 2015, para. 22).

According to a 2014 policy brief by the Nigeria Research Network [2],

Local Governments are left with the administrative task of certifying who is an indigene of their respective jurisdictions. While the constitution defines an indigene of a state in terms of ancestral, nativist 'belonging' to the state, administrative rules have tended to leave the practical definition of who is an 'indigene' in the hands of local government officials. According to the Guiding Principles of the Federal Character Commission, an indigene of a Local Government Area is anyone 'accepted' as such by the Local Government. This leaves enormous discretionary powers in the hands of Local Government officials. (Nigeria Research Network 2014, 2)

According to the 2015 report by the UN Special Rapporteur on minority issues,

[t]he Special Rapporteur was informed that long-term residency in a state, even if for generations, is not considered a criterion that entitles a person or community to be considered indigenes, and therefore long-term residents are often denied indigeneship certificates. (UN 5 Jan. 2015, para. 22).

The policy brief by the Nigeria Research Network stated that, according to a research study conducted by the same organization, "administrative practices concerning indigeneity vary considerably across Nigeria's 774 [Local Government Areas]" and that "[t]here were many reports of corruption in the process of issuing certificates" (Nigeria Research Network 2014, 4).

5. Appearance and Features

According to the Researcher, "the appearance of the certificate of indigene differs from state to state," due "largely" to the "federalised nature of the [N]igerian state" (Researcher 6 Jan. 2017). The Managing Partner of the Toronto-based law firm similarly stated that "[t]he certificate of origin form is never uniform all through Nigeria. The variations could be in the use of and length of words, type of paper and the signing authority within the state" (Managing Partner 18 Jan. 2017).

The Partner of the Lagos-based law firm stated that

[a] Certificate of State of Origin is normally printed in colour with the Nigerian Coat of Arms and/or the individual State’s Coat of Arms captured on its face. Importantly, Nigeria has 36 states. Hence, it is rather unlikely that all States will issue certificates of Origin appearing exactly alike. However, the basic information contained on the face of said Certificates may be similar. (Partner 16 Jan. 2017)

The Researcher stated that

[o]ne of the major security features of the certificates is the signature of the traditional rulers who are meant to sign as an affirmation that the bearer is originally from a particular community. At that level, the person [in] question is expected to prove that he or she is a [bonafide] member of a particular community. (Researcher 6 Jan. 2017)

Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. For more information on identification certificates in Nigeria, please see Response to Information Requests NGA104216 of November 2012 and NGA102887 of August 2008.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] According to the website of the Centre for the Study of Human Rights based at the London School of Economics and Political Science (LSE), Bronwen Manby is "an independent consultant in the field of human rights, democracy and good governance, with a focus on sub-Saharan Africa" and "a particular interest" in Nigeria and South Africa (Centre for the Study of Human Rights N.d.). According to the same source, she is also a Visiting Senior Fellow at the Centre (ibid.).

[2] The Nigeria Research Network is based at the University of Oxford and the Development Research and Project Centre in Kano, Nigeria, and "connects European, American, and Nigerian academics and practitioners who have extensive experience with emperical and development-oriented research in northern Nigeria" (Nigeria Research Network 2014, 8).

References

Centre for the Study of Human Rights. N.d. London School of Economics and Political Science (LSE). "Bronwen Manby." [Accessed 26 Jan. 2017]

Human Rights Watch. 25 April 2006. "They Do Not Own This Place:" Government Discrimination Against "Non-Indigenes" in Nigeria. [Accessed 29 Dec. 2016]

Managing Partner. 21 January 2017. Topmarkè Attorneys LLP, Toronto. Correspondence with the Research Directorate.

Managing Partner. 18 January 2017. Topmarkè Attorneys LLP, Toronto. Correspondence with the Research Directorate.

Manby, Bronwen. June 2015. Nationality, Migration and Statelessness in West Africa. Presented to the UNHCR and IOM. [Accessed 29 Dec. 2016]

Nigeria. N.d.a National Identity Management Commission. "Supporting Documents." [Accessed 29 Dec. 2016]

Nigeria. N.d.b. Nigerian Defence Academy. "Application." [Accessed 30 Jan. 2016]

Nigeria Research Network. 2014. Indigeneity, Belonging, & Religious Freedom in Nigeria. Citizens' Views from the Street. [Accessed 29 Dec. 2016]

Partner. 16 January 2017. The Law Crest LLP, Lagos. Correspondence with the Research Directorate.

Researcher. 6 January 2017. Department of Conflict Management and Peace Studies, University of Jos, Nigeria. Correspondence with the Research Directorate.

United Nations (UN). 5 January 2015. Human Rights Council. Report of the Special Rapporteur on Minority Issues, Rita Izsák. Mission to Nigeria (17 to 28 February 2014). (A/HRC/28/64/Add.2). [Accessed 29 Dec. 2016]

Additional Sources Consulted

Oral sources: Abia State Government Liaison Office; Edo State Government Liaison Office; Enugu State Government Liaison Office; G. Elias & Co. Solicitors and Advocates; Human Rights Monitor, Nigeria; Jigawa State Government Liaison Office; Nigeria – High Commission in Ottawa, Ministry of Interior, Nigerian Immigration Service, Police Special Fraud Unit; Niger State Government Liaison Office; Researcher in African Politics, Fondation nationale des sciences politiques; Senior Governance Officer, Natural Resource Governance Institute.

Internet sites: Abia State Government Liaison Office; Al Jazeera; Amnesty International; BBC; Cross River State Government Liaison Office; ecoi.net; Edo State Government Liaison Office; Enugu State Government Liaison Office; Factiva; La Fédération internationale des ligues des droits de l'homme; Freedom House; The Guardian; The Guardian Nigeria; Insitute for War and Peace Reporting; International Crisis Group; IRIN; Jigawa State Government Liaison Office; Keesing's Reference Systems; Minority Rights Group International; The New York Times; Nigeria – High Commission in Ottawa, Ministry of Interior, Nigerian Immigration Service, Police Special Fraud Unit; Niger State Government Liaison Office; Premium Times Nigeria; Punch; Radio France internationale; Radio Free Europe/Radio Liberty; Transparency International; United Nations – Development Programme, Office of the High Commissioner for Human Rights, Reliefweb, UNHCR, UN Women; United States – Department of State; UPR-Info; Vanguard Nigeria.