A/HRC/43/43/Add.1
financial security for the wealthy. Some argue that evidence of this can be found in the
ongoing development of luxury units throughout the country, thousands of which sit empty.
24.
The Special Rapporteur is not convinced that the federal and state governments fully
appreciate the nature and extent of the crisis at hand. While the Government provided
information on some new housing programmes, they are market-driven, based on publicprivate partnerships, depend on private investment and are often abandoned midway or left
vacant. Without robust public funding, transparency, the participation of rights holders and
accountability mechanisms, housing programmes are unlikely to meet the needs of
individuals and families with no or little income. Given their modest scale, existing
programmes will hardly make a dent in the ever-growing housing needs. While officials
agreed with the Special Rapporteur’s overall assessment of the Nigerian housing sector, the
urgency of this human rights crisis, which is resulting in human suffering and premature
death due to grossly inadequate housing conditions for many Nigerians, seemed not to have
registered. Many officials were at a loss as to what steps to take to resolve the housing
crisis, stating that only international assistance would make a difference.
V. Issues in focus
A.
Lack of data
25.
One of the core obligations that States have regarding the right to housing, which
they must fulfil immediately, is to ascertain the full extent of homelessness and inadequate
housing. 32 Nevertheless, the Government acknowledges that it has no data regarding its
homeless population, the number of persons living in informal settlements or the number of
those lacking the basic conditions of adequate housing. The Government has also admitted
that the lack of data is an impediment to the development and implementation of an
effective housing policy. Without this information, there can be no accurate measure of
progress or implementation of effective housing policies, or public accountability for the
implementation of the right to housing at the local, state and federal levels. The last census
dates to 2006 and is outdated. While the National Bureau of Statistics collects data every
two to three years in conjunction with the World Bank, it does not compile housing
statistics.
B.
Forced evictions
26.
Under international law, forced evictions constitute a gross violation of human
rights, including the right to housing. Evictions should be carried out only as a last resort,
once all feasible alternatives have been explored, and those affected must be genuinely and
meaningfully consulted at all stages. Legal remedies and legal aid should be provided to
affected people who are seeking redress in court. 33 Where eviction is unavoidable, persons
evicted should be given adequate notice and receive adequate compensation or adequate
alternative housing. Evictions are contrary to human rights law where they render
individuals homeless. 34 Although prohibited under international human rights law and
binding on Nigeria, forced evictions have been practised systematically in the country.
While the total number of individuals affected is difficult to calculate, the United Nations
Human Settlements Programme (UN-Habitat) has estimated that over 2.3 million persons
were evicted in Nigeria between 1995 and 2005,35 and mass evictions have continued ever
since.
32
33
34
35
Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on the right to
adequate housing, para. 13.
Ibid., general comment No. 7 (1997) on forced evictions.
Basic principles and guidelines on development-based evictions and displacement (A/HRC/4/18,
annex I, para. 43).
UN-Habitat, Forced Evictions – Towards Solutions?: Second Report of the Advisory Group on
Forced Evictions to the Executive Director if UN-Habitat, (Nairobi, 2007), p. 9.
7
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