COHRE Protest Nigeria Rivers State 2010

13 August 2010 His Excellency Goodluck Jonathan President of the Republic of Nigeria Office of the President Aso Rock Abuja Federal Capital Territory Nigeria Re:

350,000 people in Port Harcourt, Rivers State, Nigeria threatened with forced eviction

Dear President Jonathan, The Centre on Housing Rights and Evictions (COHRE) is an international human rights nongovernmental organisation based in Geneva, Switzerland. COHRE has consultative status with the United Nations and observer status with the African Commission on Human and Peoples’ Rights and works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions.

COHRE is gravely concerned about reports of an impending forced eviction of 350,000 people in Port Harcourt by the Rivers State government.

Under a Memorandum of Understanding (MOU) dated 28th January 2008 and signed by the Rivers State Governor Rotimi Chibuike Amaechi and Mr. Ben Murray-Bruce, Chairman of the Silverbird Group, the Rivers State government apparently intends to demolish the entire 2km2 radius of ObiWali Integrated Cultural Centre to enable “development” of the area by the Silverbird Group. The demolitions would result in the eviction of close to half a million families.

Previous practice indicates that such large-scale forced evictions have the potential to lead to other human rights violations, the use of excessive force, and consequent destruction of homes, informal businesses and family livelihoods.

The forced evictions sought in the MOU are not in conformity with Nigerian law, as no section of the law empowers a state government to evict anyone from accommodation, community or land for the purpose of private benefit.

Furthermore, the MOU is not in conformity with Nigeria’s international human rights obligations. As a State Party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), Nigeria is legally obliged to respect, protect and fulfil the right to adequate housing, including the prohibition on forced evictions, as guaranteed under Article 11(1). The Committee on Economic, Social and Cultural Rights, which is mandated to interpret and enforce the ICESCR, has clearly stated that everyone should enjoy a degree of security of tenure necessary to prevent forced eviction and that evictions can only occur in the “most exceptional circumstances” and after all feasible alternatives to eviction are explored with the meaningful participation of the affected community.

Even in those rare situations when evictions are otherwise justified based on the above test, the affected community must be afforded the due process protections outlined in the Committee’s General Comment No. 7, which include an opportunity for genuine consultation with those affected; adequate, reasonable notice prior to the date of eviction; and provision of legal remedies necessary to enforce national and international protections. Finally, international law requires that evictions do not render people homeless or vulnerable to other human rights violations. Consequently, States are obligated to provide alternative housing and land to those evicted, regardless of their tenure status.

Forced evictions also contravene Article 17 of the International Covenant on Civil and Political Rights (ICCPR), to which Nigeria is also a State Party, which provides for the right to the protection of the law against arbitrary or unlawful interference with a person’s privacy, family or home. The African Commission on Human and Peoples’ Rights also affirmed, in the case of SERAC v Nigeria, that forced evictions contravene the African Charter on Human and Peoples’ Rights, to which Nigeria is a party, in particular Articles 14 and 16 on the right to property and the right to health, and Article 18(1) on the State’s duty to protect the family.

The United Nations Human Settlements Programme (UN-HABITAT), in conjunction with the Federal government, undertook a mission to Port Harcourt in 2009 to probe the factors behind the evictions.

The mission's report, which faulted the State Government on several points of law, requested the State Government to institute a moratorium on further evictions pending the implementation of a set of recommendations on the issue.

In spite of this, the State government has concluded the arrangement to demolish the entire Abonnema Wharf settlement before 15 August 2010, without any plan to resettle residents. The State government recently stated on AIT and WAZOBIA media programmes that it had no obligation to resettle or compensate any resident before carrying out any demolition.

The residents of Abonnema Wharf settlement lack resources to find alternative housing and are now living in fear of being rendered homeless, in violation of international human rights law, as mentioned above. Governor Amaechi’s threat will, if carried out, throw the residents into deeper poverty and have a detrimental impact on the ability of children to access education and of families to access health care.

The State of Nigeria must ensure that forced evictions do not occur and that no other evictions occur until a legal framework is put in place to ensure that all evictions abide by international and national legal protections, including human rights protections.

I look forward to your response in relation to this serious matter. Thank you for your time and consideration.

Sincerely,

Salih Booker Executive Director Centre on Housing Rights and Evictions

CC Hon. Oladimeji Bankole Speaker of the House of Representatives Nigerian National Assembly Hon. Ndese Essien Federal Minister of Lands, Housing and Urban Development Rt. Hon. Rotimi Chibuike Amaechi Executive Governor of Rivers State Office of the High Commissioner for Human Rights Ms. Raquel Rolnik UN Special Rapporteur on the Right to Adequate Housing Mrs. Anna Tibaijuka Executive Director UN-HABITAT