A/HRC/43/43/Add.1
country’s GDP per capita). Instead of catering to the needs of the majority of the
population, a large part of housing supply is concentrated in luxury houses. 26
19.
Not only is purchasing a home in the private market unaffordable for most
Nigerians, there are many other barriers hindering access to rented accommodation: supply
is scarce, landlords require tenants to pay one to two years’ rent in advance, discrimination
by landlords affects single women, lesbian, gay, bisexual and transgender persons, persons
living with HIV/AIDS and others, and no effective rent control or caps have been
implemented. Landlord-tenant relations are loosely governed and state-level rent control
laws and other legislation protecting the rights of tenants are frequently violated. 27
20.
Private sector housing developers target upper-income households; middle-, lowerand no-income households depend on government initiatives to build social or affordable
housing. However, public efforts in this regard are manifestly insufficient given the evergrowing needs, with the housing deficit increasing by approximately 600,000 units per
year.28 On 23 October 2019, the Ministry of Power, Works and Housing announced that its
budget would increase from 35 billion Naira (96 million US$) in 2019 to 60 billion Naira
(165 million US$) in 2020.29 This will allow for the construction of 2,383 housing units as
part of the National Housing Programme in the nation’s 36 states and the capital. This
represents less than 0.5 per cent of the actual yearly increase in housing need and around
0.01 per cent of the current total housing deficit of 22 million units. Even when adding the
yearly production of 100,000 housing units by private investors (which mostly target the
upper-income minority in the country), the deficit will keep growing at a rate of almost half
a million homes per year.
21.
Another concern is that no government housing programme targets persons with no
income or living in homelessness. The housing projects that were presented to the Special
Rapporteur were aimed at public sector employees. While providing housing for
government workers is commendable, a human rights-based approach to housing policy
cannot ignore the needs of those who are unemployed (27 per cent of the population and 37
per cent of youth) 30 or those working in the informal sector (over 60 per cent of the
economy).31
22.
There is a consensus that the legal framework for land administration, especially the
1978 Land Use Act, is exacerbating the pressures on the housing sector. The Act vests
excessive powers in state Governors, making it necessary for landholders to obtain the
Governor’s permission to transfer their landholding rights and creating bureaucratic
obstacles and delays. Some of the Act’s provisions are also incompatible with international
standards: section 28, for example, gives Governors broad powers to grant a right of
occupancy, but also to revoke it on the basis of “public purposes”, which include the
construction of oil pipelines, mining and the extraction of materials for use in building. The
manner in which the Land Use Act has been used and implemented has had severe
consequences for the enjoyment of the right to housing. The Special Rapporteur received
many reports of Governors abusing their land administration powers, including by granting
occupancy rights to family and friends and by defining “public purpose” in such a manner
as to result in the forced eviction of impoverished communities in violation of international
human rights law, including for luxury developments that often stand vacant. The Act also
makes land title registration cumbersome and onerous.
23.
It is well established that in Nigeria real estate is used as a convenient place to
launder money gained through corrupt practices, to park excess capital and to provide
26
27
28
29
30
31
6
World Bank, Nigeria: Developing Housing Finance (Washington, D.C., 2016), p. 34.
Nasir Imam, “Nigeria: ineffective rent control laws in country”, Daily Trust (2 May 2012).
http://documents.worldbank.org/curated/en/278041531299329812/pdf/Concept-Project-InformationDocument-Integrated-Safeguards-Data-Sheet-Nigeria-Affordable-Housing-Project-P165296.pdf.
http://africahousingnews.com/2019/10/24/housing-sector-to-get-n60-87-billion-allocation-in-2020budget/.
https://tradingeconomics.com/nigeria/unemployment-rate.
Vivian Malta and others, “Informality and gender gaps going hand in hand”, IMF Working Paper
(May 2019), p. 18.
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