A/HRC/43/43/Add.1
Rapporteur was appalled that the construction of luxury homes would deprive some of the
poorest communities in the country from their ancestral economic activity, absurdly forcing
them to buy frozen fish imported from one of the richest countries in Europe. This
demonstrates the critical need for consultation with communities on any project that may
affect their human rights, before the projects are approved, and to ensure that any adverse
impacts on their rights are prevented and mitigated.
38.
In her meetings with government officials, the Special Rapporteur noted that
incremental in-situ upgrades – now fairly standard in other jurisdictions – are not seen as a
viable option for improving the lives of the inhabitants of informal settlements no matter
how vibrant, organized and well-structured their community is. Many officials claimed that
Nigeria lacked the resources for improving the material conditions of those communities.
However, such a position fails to acknowledge the human capital at hand. Residents of
informal settlements who met with the Special Rapporteur said they were willing and able
to take up the task themselves if provided with modest materials, or even loans to help
finance upgrading and a guarantee of security of tenure from the Government. This option,
which would prevent forced evictions, offers an opportunity to improve living conditions in
informal settlements and, generally, would ensure that affected residents have improved
access to housing, water and sanitation, health, education and other services, and thus be
able to enjoy a life of dignity and in conformity with the right to adequate housing and
other fundamental human rights.
D.
Homelessness
39.
During the Special Rapporteur’s visit, government officials and civil society
organizations acknowledged homelessness as a growing problem, although no statistics had
been collected to quantify its extent. The Special Rapporteur observed people living under
bridges in Lagos and many in informal settlements in conditions equivalent to
homelessness. In most cities, few or no emergency shelters were available. Homelessness is
the failure of the State to implement the right to housing and is considered an egregious
violation. The Human Rights Committee has acknowledged that failing to address the
problem of homelessness can amount to a violation of the right to life. 40
40.
The Government is failing to uphold its human rights obligations in relation to
homeless persons. 41 First, it does not have any information on the number of homeless
persons in Nigeria and, second, it lacks a strategy to eliminate homelessness, with clear
goals, targets and timelines.
41.
By failing to prevent forced evictions, the Government is directly contributing to
homelessness. Although in their meetings with the Special Rapporteur government officials
generally rejected the notion that they engaged in forced evictions, many communities were
under threat of forced eviction because the fundamental legislative and policy reforms that
are required to prevent them did not exist.
42.
As discussed below (see paras. 45–50), homeless persons and other persons in
poverty suffer discrimination, stigma, criminalization and negative stereotyping in Nigeria.
43.
The capacity of homeless persons to seek remedies for the human rights violations
they suffer is hindered by the right to housing not being fully justiciable in court, and also
by the lack of legal aid that could assist them in protecting their rights.
44.
The Government is also failing to prevent abuses by third-party actors rendering
persons homeless: in many forced evictions, the Nigerian security forces cooperate with
groups of armed men in brutal attacks against residents, and public institutions fail to hold
them accountable.42
40
41
42
10
CCPR/C/79/Add.105, para. 12.
A/HRC/31/54.
Amnesty International, The Human Cost of a Megacity, pp. 7–8, 24–25, 27, 43 and 53–54.
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