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 The last census dates to 2006 and is outdated.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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