A/HRC/43/43/Add.1
E.
Criminalization and stigmatization of the poor
45.
The Special Rapporteur was appalled to observe that those who have the greatest
need to be protected and assisted by the State are instead stigmatized, persecuted, extorted
and even arrested and jailed without having committed a crime.
46.
In Lagos, the Special Rapporteur was informed that a police “task force” conducted
“raids” and carried out “mass arrests” of poor people found walking in the streets. These
people were put in trucks and delivered to a “mobile court” and encouraged to plead guilty
to the offence of “wandering without evident means of livelihood”, a defunct criminal
offence, and forced to pay a fine of approximately 15,000 Naira (42 US$). Those who
could show a company identification document, had some money on them or were well
dressed might be released. The poorest, who could not afford to pay the fine, could face
imprisonment. Some civil society organizations claim that the “mobile courts” were in fact
“set up to exploit the urban poor and scare them out of the city”.43
47.
Vagrancy laws criminalizing the poor were introduced in Nigeria during the British
colonial regime and abolished by the military junta in 1989, after a long campaign by the
human rights movement: the 1989 Minor Offences (Miscellaneous Provisions) Act, section
1, states that a person shall not be accused of or charged with the offence of wandering (by
whatever name it is called) or with any other offence by reason only of being found
wandering (by whatever name it is called) and, accordingly, that any person accused of or
charged with such offence shall be released or discharged.
48.
The Special Rapporteur is extremely concerned about the blatant disregard of the
rule of law shown by the arrest and fining of poor people, a practice documented by NGOs
and directly observed by the Special Rapporteur during her visit to a “mobile court”. The
Special Rapporteur regrets that her concern was met with scepticism by government and
judicial officials. Officials who admitted that the practice may be taking place suggested
that lawyers should challenge in court the imposition of a law that was abolished decades
ago. The Special Rapporteur notes, however, that, first and foremost, resolute action by the
Government is required to immediately suspend the unlawful, discriminatory and exploitive
behaviour of the police and the “mobile courts”.
49.
Often, people living in informal settlements resort to hawking, the informal sale on
the streets of low-value items, to make a living. This practice is seen as a nuisance by the
Government and is therefore banned in many areas, resulting in arrests and extortion by the
police. The Special Rapporteur understands the need to regulate economic practices in
urban areas but the poorest inhabitants should not be penalized for their attempts to make a
living through street trade in a country where 60 per cent of the economy remains
informal.44
50.
Another worrying aspect of the criminalization and stigmatization of people living in
poverty was reflected in the views expressed by some government officials during meetings
with the Special Rapporteur. An informal settlement was referred to as “a den of kidnappers
and criminals”, and others jokingly doubted whether their inhabitants were “actually
human”. While forced evictions are mainly carried out for economic interests, the
stigmatization and dehumanization of inhabitants of informal settlements also provides a
pretext for forced evictions and for the brutal use of force with which they are often
conducted. Demolishing entire communities based on the alleged criminal activities of
some of their inhabitants is not only discriminatory, but also constitutes collective
punishment.
43
44
Urban Resilience Hub, “The crackdown on the informal poor: a problem or a solution?” (25
September 2018).
Vivian Malta and others, “Informality and gender gaps going hand in hand”, p. 18.
11
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