A/HRC/43/43/Add.1
confirming the data gathered by UN-Habitat and the United Nations Children’s Fund
(UNICEF) in the absence of official government data. 38
33.
The first condition for housing to be adequate is legal security of tenure. However,
millions of Nigerians live in informal settlements without security of tenure, which makes
them vulnerable to forced evictions. The Special Rapporteur witnessed the great levels of
anxiety this causes to families, many of which are repeatedly subjected to forced evictions
and live in constant fear that a new eviction could come with little or no notice.
34.
General comment No. 4 also requires that appropriate services, materials, facilities
and infrastructure be made available for housing to fulfil the adequacy standard. The homes
that the Special Rapporteur visited offered very little protection from the heat and the heavy
rainfall that characterize the tropical climate in Nigeria. The availability of energy for
cooking, heating and lighting, washing facilities, drainage systems, means of food storage
and refuse disposal were severely lacking in all the communities visited. In many houses,
open fires were used for cooking, affecting the quality of air that residents breathe. The
Special Rapporteur also witnessed stagnant floodwater, which she learned was responsible
for the proliferation of mosquitos and malaria. Although her visit did not take place during
the height of the rainy season, many communities were flooded and many houses were
inaccessible as unpaved streets were flooded or full of mud, making them impassable. The
majority of the streets the Special Rapporteur saw in informal settlements were completely
inaccessible for older, less agile persons and for persons using wheelchairs or other walking
aids, even when assisted.
35.
None of the homes that the Special Rapporteur visited had running water, boreholes
or potable water, which meant that most families had to pay to access drinking water. As
those living in informal settlements are often without income or earn very low incomes,
such costs are prohibitive. Those who cannot afford fresh water must use contaminated
flood water, which results in cholera and other health issues. The Special Rapporteur
observed few houses with latrines. According to UNICEF, poor access to improved water
and sanitation in Nigeria causes high morbidity and mortality rates among children, besides
severely hampering their education as a result of absenteeism due to disease. Contaminated
drinking water and lack of sanitation expose the population to preventable water-borne
diseases, including diarrhoea, which kills more than 70,000 children under 5 annually. Only
26.5 per cent of the population uses improved drinking water sources and sanitation
facilities, and 23.5 per cent of the population defecates in the open. 39
36.
In some of the settlements visited by the Special Rapporteur, inhabitants were
exposed to serious hazards. Badia East, in Lagos, is located on a very narrow strip of land
between shipping containers and a railroad track. The continuous passing of cargo trains
exposes the settlement’s inhabitants to a high risk of accidents, as there is virtually no
separation between the houses and the track. Similarly, in several informal settlements the
lack of pedestrian crossings for roads with fast and heavy traffic results in frequent
accidents, including deaths. The Special Rapporteur received information that pedestrian
bridges were only being built in more affluent areas. The Special Rapporteur stresses that
these communities are situated in such places not by choice, but by necessity, and that their
hazardous locations do not warrant forced eviction, which is contrary to the international
human rights obligations of Nigeria. None of the communities visited by the Special
Rapporteur had public squares, playgrounds for children or any other safe public space for
social interaction except for one football field.
37.
The Special Rapporteur also observed a case where the construction of luxury
residential housing violated the rights to work and to food of a community living in an
informal waterfront settlement in Bariga, Lagos. The dredging and sand-filling undertaken
to construct the luxury housing increasingly jeopardized the ability of residents upriver to
access fishing resources, which serve both as an essential part of their diet and their main
source of income. As a result, the Special Rapporteur observed local women smoking
frozen fish imported from the Faroe Islands, in Denmark, to sell at market. The Special
38
39
Ibid. See also www.unicef.org/nigeria/water-sanitation-and-hygiene.
www.unicef.org/nigeria/water-sanitation-and-hygiene.
9
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