serac@work, may - august, 2011

Page | 1 © Social and Economic Rights Action Center, 2011

E-Newsletter, May – August, 2011 Volume 2, Issue: 2 Social and Economic Rights Action Center

Introduction

ERAC is pleased to present this edition of SERAC@work to our dear readers.

Feel free to send your thoughts, suggestions, comments and reactions to [email protected]

PURA Communities: Paying the Price for a Mega City

Maroko Communication: Pushing for Admissibility at the ACHPR

Learning and Sharing: Communities Build Capacity to Demand Housing Justice

Ketti Youth Speak Up!!! Echoes of Pain as Maroko Marks 21st Anniversary

SERAC Leads the Kick Against Flood Campaign

In the Killing Field of Maiduguri… Human Rights Learning and Sharing: The Strasbourg Experience

Litigation Surgery: Appraising Health Care Violations in Africa

Civil Society Groups Gather to Review the National Action Plan

Lekki Free Trade Zone: Reviving the Resettlement Committee

Keeping up with Port Harcourt Waterfront Communities

Ogoni Families, Communities Oppose Land Acquisition and Banana Plantation Project

PURA Communities: Paying the Price for a Mega City

The Eko Atlantic City received global acknowledgment in 2009 and since then, the Bar Beach coastline has witnessed lots of bustling activities resulting from construction and dredging of the area. Projected to accommodate about 25 million people, the Eko Atlantic City is expected to create solid foundations extending over nine square kilometers. The ‘new’ city will include social amenities such as waterways, gardens, and infrastructure that will, ease the pressure on currently over stretched facilities in Victoria Island, thereby further transforming Lagos into a mega city and Nigeria, into one of the world’s 20 largest economies. The Progressive Union Residents Association (PURA) comprise of individuals and groups who have lived as peaceful residents of the Nigerian Ports Authority (NPA) over years. When the news of Eko Atlantic City got to the residents, their expectations were for the Lagos State Government to provide compensation or relocate community members that would be affected by the project. Unfortunately, the welfare of those affected by the proposed Eko Atlantic City project was completely overlooked in all the upgrading and development plans. Sometime in 2008, a group of armed Mobile Police officers in company of Lagos State officials were reported to have stormed the PURA community, brutally demolishing and forcefully evicting the residents. As a result, over 80,000 residents, who were already trying desperately to make ends meet, were rendered homeless and further impoverished.

Few months later, PURA representatives approached SERAC through the chairman of Lagos Marginalized Community Forum (LAMCOFOR) to discuss their eviction and the demolition of their homes in order to seek redress.

S In this edition

PURA Evictees

mailto:[email protected]


On May 4, 2011, SERAC conducted further investigations into matters arising before and after the demolitions through a site visit to the community to document the situation and strategize about a possible remedy. During the tour, the SERAC team identified a lack of public facilities in what remained of the community. They also observed that the evictees live in make-shift houses created from umbrellas and other inadequate building materials thereby exposing them to the harsh weather conditions. At the meeting held with the evictees shortly after the tour, SERAC’s program coordinator Ms. Victoria Ohaeri commended their efforts to

collectively work for the welfare of their community. Ms. Ohaeri additionally informed the PURA residents of the basic procedure that the government must follow in order to lawfully acquire land for public purposes. The sensitization helped to identify steps that can be taken by communities when faced with the threat of forceful eviction. The importance of collective action in applying pressure on the government to ensure respect for the fundamental rights of residents was emphasized. SERAC’s Ms. Dinma Nwanye added that through organizing and mobilizing, communities can stand against all forms of intimidation.

Committed to follow up on PURA’s challenges, SERAC through its Community Action Program continues to work with LAMCOFOR using community sensitization, training, and empowerment programs as tools for empowering its partner communities demanding and protecting their right to adequate housing.

Maroko Communication: Pushing for Admissibility at the ACHPR Between SERAC’s Staff Attorney, Adebayo Okeowo attended the 49th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) on a two-pronged mission. First, to participate in the public sessions of the Commission which was held in the Gambia from April 28 to May 12, 2011 and secondly to lobby for consideration of Communication 370/09 filed by SERAC on behalf of the Maroko community, which is currently pending before the ACHPR. Communication 370/09 was submitted on December 3, 2008 but has yet to be considered for admissibility because the Nigerian government -- the State Party against whom the communication was filed -- is yet to fulfill the Commission’s demand for a response. After having been seized of the matter for over 18 months, Nigeria’s refusal to respond is now seen as a ploy to frustrate the complainants before the international human rights body. The subject matter of the communication is the July 1990 demolition of Maroko by the then military administrator of Lagos State. The victims of the demolition have been, with SERAC’s assistance, pursuing remedy before Nigerian courts to no avail. After over two decades of continued injustice, it therefore became imperative for SERAC to

pursue admissibility of the communication before the Commission regardless of Nigeria’s failure to respond. In view of this, SERAC’s Adebayo Okeowo met with top officials of the Commission including Dr. Dupe Atoki – Commissioner and Chairperson of the Committee for the Prevention of Torture in Africa. He also had discussions with Dr. Feyi Ogunade the Senior Legal Officer of the Commission and made cogent submissions on why the Commission should speedily consider the admissibility of the communication. An assurance was given that the communication will be

SERAC’s Program Coordinator, Victoria Ohaeri

addressing the evictees


considered at the private session of the Commission. SERAC’s representative also seized the opportunity to make a statement on the state of economic, social and cultural (ESC) rights in Nigeria during the Ordinary Session. He explained that the Nigerian government has consistently violated the right to housing of poor and marginalized communities in Nigeria through systematic demolition of their homes. The Commission was asked to urge the Nigerian government to demonstrate genuine political will to protect the right to housing and other ESC rights. As a follow up to the statement, the Nigerian delegation expressed interest in the issues raised and promised to address them upon their return.

Learning and Sharing: Communities Build Capacity to

Demand Housing Justice SERAC’s Right to City Project is an initiative developed to strengthen communities’ capacity to resist forced evictions and defend their housing rights. Accordingly, a ‘linking and learning’ visit to slum communities in Nairobi, Kenya was undertaken to offer selected Lagos Marginalized

Communities Forum (LAMCOFOR) representatives hands-on experience and understanding of different tactics of community organizing. SERAC’s

Ms. Dinma Nwanye and LAMCOFOR’s Messrs. Musbau Agbodemu and Moruff Lawal engaged on the 4-day trip between May 30 and June 2, 2011 to hold meetings with representatives of Hakijamii Trusts, Pamoja Trusts, and Shelter Forum. At one of the meetings which had members of several slum community networks (Nairobi’s People Association Network (NPSN), Muungano Wa Wanavijiji, and Soweto Forum, discussions were geared towards increasing members understanding of strategies for the reform of urban governance and housing policies; building capacity to engage in formulation and implementation of policies that affect community members as well as building solidarity and strong social networks among communities united in the commitment to promoting the common good of slum dwellers. To match theory with practice, SERAC’s team also undertook a tour of slum communities in Nairobi, Kenya beginning with Kibera, the biggest slum in Africa comprising of over 10 communities. The slum had characteristics similar to those in Nigeria with obvious signs of evictions and demolitions carried out by the government for development and upgrading purposes. A major highlight of the tour was a visit to the Decante site -- a place where the Kenyan government relocated residents of Kibera community that were affected by the evictions. The Decante site was provided by the Kenyan government as temporary housing pending the time their permanent houses were being upgraded. At another visit to a community known as ‘The Place of Fire,’ LAMCOFOR representatives were overwhelmed by the level of progress the community had achieved as the community residents had through a cooperative/savings scheme built a two storey building apartment for each member of the cooperative. Although the community leaders acknowledge that the Kenyan government gave approval to the community on the project, the cooperative/saving scheme had helped tremendously in actualizing their dreams.

The trip to Muungano Wa Wanavijiji community enabled the Nigerian team to identify similarities in the challenges facing slum dwellers all over the continent, and also filled them with renewed strength to know that positive changes can be accomplished through determination and unity of purpose within a given community. The Nigerian team left Muungano Wa Wanavijiji

Houses built by the Kenyan housing cooperative.

SERAC team met with Hakijamii staff in Nairobi


community with a pledge to go back home and begin to implement the new ideas they learned. In her closing remarks, Hakijamii director Odindo Opiata emphasized the importance of solidarity amoung the grassroots networks and thanked SERAC for facilitating the exchange visit. Filled with new ideas and more determination, the LAMCOFOR representatives left Kenya in high spirit with greater resolve to change the world as a result of the new bonds established with Kenyan communities. The learning and linking visit to Kenya provided the much needed platform for the LAMCOFOR representatives to share experiences, learn about obtainable standards in partner states and reinvest into their immediate environment by applying strategies learned for asserting their rights.

Ketti Youth Speak Up!!! Many decades after the creation of the Abuja Master plan, the implementation continues to pose a threat to the lives and livelihoods of members of indigenous communities in the Federal Capital Territory (FTC). The Federal Capital Development Agency’s (FCDA) continued eviction of community members and demolition of homes in their bid to create a model city has resulted in social dislocation suffering and mass human rights violations. Community after community, the story remains the same as indigenes and residents have suffered brutal demolitions and forced evictions without being resettled or compensated.

More recently, communities along the International Airport Road such as Galadimawa, Chika, Alieta, Kabusa, Kichigoro and Lugbe have complained that in addition to the imminent threat of forced evictions, they are also faced with the loss of their ancestral farmlands. Following the receipt of this complaint, SERAC’s staff attorney, Anietie Ewang met with members of the Ketti Community Youth Forum on May 15, 2011 to

discuss the situation and hear first hand from the members of the affected communities. Led by Abubakar Yakubu, the Ketti Youth Forum is made up of youth leaders of communities along the International Airport Road who are determined to engage the FCDA to ensure that the community members are involved in decision making as it affects their

communities and contribute to those decisions as well as the implementation processes. Speaking with pain, frustration and anger, the youths told their story, beginning with the government’s plan to evict them from their communities and have them relocated to an uninhabitable community, which lacks basic amenities and motorable access roads. They affirmed that they were neither consulted nor informed about the relocation plans but only became aware of it via radio news broadcast. They further acknowledged that pending the said relocation, the farmlands in their communities were already being allocated to private developers who build houses which community members cannot afford thereby going against the legal requirement of overriding public purpose for government’s compulsory acquisition of land. Their communal land holding is being revoked by the FCDA in favor of private property developers without due process and procedure stipulated in the Land Use Act and widely accepted international standards such as the United Nation’s Basic Principles and Guidelines on Development Based Evictions and Displacement. Amongst other things, the Land Use Act provides for acquisition of land by the government only for overriding public purpose, to which allocation to private estate developers for profit does not qualify. Furthermore, the United Nation’s Basic Principles and Guidelines on Development Based Evictions and Displacement affirms that in the event that an acquisition becomes necessary, community participation, resettlement and

Anietie Ewang with some Ketti youth


compensation must be in place, none of which have been provided for. Deepening their frustrations and anger is the fact that they had written several letters to the FCDA, asking that they be involved in developmental plans for the community, all of which have been unanswered. The FCDA had declared on several occasions that there is a resettlement program in place that provides a package comprising compensation, a fully constructed house and complementary farmland for those affected. However, the said program has never been implemented due to lack of political will as well as financial and budgetary limitations on the part of the government. Resonating amongst the youth present at the meeting was a clear stance that they are not willing to give up their ancestral lands and that they want the government to integrate the community into the Abuja Master Plan, rather than have them relocated. SERAC’s representative at the meeting urged the youth leaders present to form strong solidarity bonds and think of ways by which they can engage the government on the highlighted issues. They were also made to understand the importance of the communities to bring forth a strong collaborative platform united by a common vision and expectation of government’s attention to their priorities. The youth leaders left the meeting with a strong understanding of the important roles they all have to play in working together to achieve results and a heightened focus towards agreeing on an effective way by which they will engage the government.

SERAC continues to work with the youths in its various partner communities to ensure that strong community activism is sustained and passed down to future generations in order to protect and promote human rights.

Echoes of Pain as Maroko Marks 21st Anniversary

Exactly twenty-one years ago, on July 14, 1990, the Lagos State Government destroyed buildings and properties in a brutal display of military might and executive recklessness. Whenever that day draws near, pain-filled memories surge through the minds of Maroko residents who are till this day, united in their struggle for justice and compensation for the massive human

rights violations they endured during the July 1990 demolition exercise. The heavy rains that poured on July 14, 2011 did not deter Maroko residents as they filed out to the Maroko Information Center (MIC) to commemorate the year’s event. This year’s anniversary was marked with mixed feelings as most buildings in Ilasan community including the MIC were overtaken by flood following the July 10, 2011 Lagos downpour. According to the General Secretary of Maroko Evictees Association, Mr. Benson Oketola in his anniversary speech, Maroko residents are excited that some level of moral justice has been secured from the public. In his words “Hardly would a case of eviction threat occur in any part of Nigeria without reference to Maroko eviction. We have heard people say from time to time, “don’t demolish our homes the way you demolished that of Maroko people” or sometimes, people remark that “we are not Maroko people”… Maroko residents still seek justice and compensation for the injustices of the July 14, 1990 evictions.

PHOTOS SPEAK!!!


SERAC Leads the Kick Against Flood Campaign

A large part of Lagos State is located at or below sea level making it highly susceptible to recurrent flooding. The July 10, 2011 torrential rain which started in the early hours of the morning did not abate until late in the evening, leaving behind tales of sorrows, tears and blood as many lives were lost and properties worth billions of Naira were damaged.

The devastating effects of the flood drew the attention of the Lagos State Governor, Mr. Babatunde Fashola and prompted emergency visits to several parts of the state to assess the extent of damage. It was expected that such visits would bring relief to the flood victims, but unfortunately it did not. Residents of Odejobi Street in Agege were instead informed by the Governor that their houses would soon be demolished to give room for the construction of

canal. Investigations and research conducted by SERAC and the Lagos Marginalized Communities Forum (LAMCOFOR) to ascertain the

immediate and remote causes of the flooding revealed that both natural and human factors were responsible. Natural weather events such as heavy rainfall, thunderstorms, prolonged extensive rainfall and climate change were some of the reasons attributed to flooding, while human factors ranging from faulty sewer networks, poor or insufficient drainage networks, inadequate maintenance of watercourses, inappropriate urban planning policies and erection of structures on land in a way that prevents runoff from draining away naturally account for the highest causes of flooding in Lagos State. The Kick Against Flooding (KAF) campaign became imperative to sensitize Lagos residents generally and LAMCOFOR communities in particular on the need to maintain a clean environment by clearing their drainage canals of waste, as well as maintaining individual household waste bins. In addition, the campaign was aimed at promoting the culture of maintaining public facilities such as drainage and sewerage systems to avert future flooding. It also afforded participants the opportunity to be

informed of the provisions of the Environmental Sanitation Law of Lagos State and how the residents, especially the urban poor, can protect their health and housing rights. The maiden edition of the KAF campaign was launched in Makoko on July 28, 2011 with the campaign team comprising of SERAC staff and

LAMCOFOR executives while subsequent editions followed at Otto communities on August 4, 2011; Agege community on September 8, 2011; Ilasan community on September 15, 2011; Ijora-Badia environs on September 22, 2011; and Shomolu environs on September 29, 2011. Throughout the campaign, communities interacted, shared experiences, openly asked questions and raised issues of concern, especially on land acquisition, housing rights, urban planning and environmental sanitation.

In the Killing Fields of Maiduguri… Between July 24-27, 2011, SERAC’s Program Coordinator, Victoria Ibezim-Ohaeri embarked on a four day fact-finding mission to Maiduguri, Borno State in order to gain first-hand knowledge of the root of the instability plaguing the State, and document the social, economic and human rights abuses arising from the Boko Haram insurgency in particular. The mission forms


part of SERAC’s broader organizational strategy to gather and present useful information that can aid robust decision-making relating to a more effective security provisioning and human rights protection in Nigeria. The rising spate of insecurity and killings in Borno State has destroyed lives, businesses, deterred future investments, and frustrated important gains made in the realization of specific social and economic rights, especially the rights to housing, education, health, work and food in particular. The Joint Task Force (JTF) constituted by the Federal Government of Nigeria in June 2011 to “restore order" in Maiduguri has also perpetrated massive human rights violations, by particularly launching direct attacks on civilians as prohibited under national and international law.

On Monday July 25, 2011, SERAC visited Budum community located near the palace of the Shehu of Borno in Maiduguri where a major bomb blast had occurred about 4 p.m. on Saturday, July 23, 2011 and wounded three soldiers. In response to the attack, JTF personnel set shops numbering over 42 ablaze and shot directly at shop owners and residents while they were fleeing the scene of the blasts. Alhaji Maina Kaigama, 35, informed SERAC that soldiers conducted a

house-to-house search, forcing men suspected to be above 18 years out of their homes before shooting them. Six cars with registration numbers AA495 JRE, AA126KDQ, AM96AMG, AA415NGL, DA314FST, AE437 DKW were allegedly vandalized and burnt by the soldiers. Although the JTF authorities vehemently denied the arson and killings, SERAC’s Ms Ohaeri identified and visited the homes of one wounded victim and four persons allegedly killed by JTF soldiers: Late Mallam Goni Tijani(55), Late Babakura Zakariya (18), Late Idris M, and the woman in whose shop the improvised explosive device (IED) was planted. She also joined the family, relatives and friends of Late Mallam Goni Tijani at a fidau (funeral) prayer held on Monday, July 25, 2011 in Budum, Maiduguri. Mohammed Zakariya (20), and Mustapha Imam, elder brother and close friend of Late Babakura Zakariya who witnessed the shooting of Babakaru Zakariya wept uncontrollably as they shared the account of his brutal murder by JTF soldiers. The deceased's aged father tearfully told Ms. Ohaeri how JTF soldiers dragged the deceased out of his mother's room onto the streets. He knelt down, and pleaded with the soldiers to spare his life. He died on the spot after he was shot on the head, chest and waist by the soldiers. Severely wounded Baba Sani Mohammed, shop owner at Budum Market, is receiving treatment in his home following a life-threatening gunshot injury said to have been inflicted on him by JTF soldiers while he was fleeing from the burning market. With its personnel increasingly accused of human rights violations and involvement in criminal activities such as arson, rape and brutal killings, the JTF is struggling with image problems and there are increasing calls for its withdrawal. In all the sub-urban communities: Gomari, London Chiki, Kaleri, Budum visited, residents unanimously clamored for the soldiers to return to their barracks.

Human Rights Learning & Sharing: The Strasbourg Experience

From June 26 to July 31, 2011, SERAC’s Staff Attorney, Adebayo Okeowo participated at the formation of the International Institute of Human Rights (IIDH) based in Strasbourg, France. The 2011 edition which marked the 42nd Annual Study Session under the theme “The Effectiveness of the International Protection of Social Rights” brought together over 300 participants. The four-week human rights learning and sharing program offered participants intensive training classes taught by expert lectures drawn from the field of

SERAC’s Bayo Okeowo at a meeting of human rights

defenders Defenders


human rights. The training classes exposed participants to international struggle for the protection of human rights across various continents and across several human rights bodies. The lectures touched on how economic, social and cultural (ESC) rights could be enforced in domestic courts and before international bodies. A common theme running through each lecture was the interdependency and indivisibility of all human rights, a clear departure from the historic conception of ESC rights as less important than civil and political rights.

Notable during the lectures was how often the African Commission case of SERAC v. Nigeria was mentioned whenever the African human rights jurisprudence was the subject of discussion. At different times, SERAC’s Adebayo Okeowo offered his opinion on the situation of ESC rights enforcement in Africa, and Nigeria specifically. This also provided a platform to elaborate on SERAC’s work in promoting and protecting ESCR in Nigeria. In addition to the lectures at the training program, participants also broke up into smaller groups for seminars sessions which offered the opportunity to discuss hypothetical cases. The training confirmed that SERAC is not alone in its pursuit to ensure due

regard is given to ESC rights. With jurisprudence constantly progressing on how and why ESC rights should be enforced, countries will soon not be able to hide under the provision of Art 2 of the ICESCR which allows for progressive realization. Also once countries ratify the Optional Protocol to the ICESCR it will be possible for ESC rights violations to be submitted for adjudication before the Committee on Economic Social and Cultural Rights. This will go a long way in ensuring that countries are held accountable for violations, thereby making them more responsible towards the promotion and protection of fundamental human rights.

Litigation Surgery: Appraising Health Care Violations in Africa Over the years, SERAC has actively worked to promote and protect the human right to health in Nigeria. Despite the dearth in health right jurisprudence, SERAC has investigated and litigated cases bordering on violations of the right to health, most of which occur in the public healthcare systems. Citizens are unjustly faced with denials to appropriate healthcare professionals and facilities, which most often than not lead to irreparable physical harm or even death. To this end, SERAC Staff Attorney, Anietie Ewang participated at “Litigation Surgery on Violations Arising in Healthcare Settings in Africa” organized by Interights in Mombasa, Kenya between August 10 - 12, 2011. The Litigation Surgery which had in attendance lawyers from around Africa involved in public interest litigation, Interights Lawyers as well as representatives from Amnesty International, Centre for Reproductive Rights and Harvard School of Public Health was convened to engage participants on the use of law to provide effective remedies for victims of abuses committed in public healthcare systems as well as to brainstorm on developing health’s right jurisprudence in Africa. At the Surgery, presentations made focused on Strategic Litigation, Relevant International & Comparative Standards and Use of the African Regional System. These presentations helped to build the participants capacity to use International and Regional Human Rights Law in the enforcement of health rights. Through case presentations, participants shared various cases bordering on the right to health they had either litigated, or were actively litigating at the time. Cases being

After a meeting with officials at FIDH

Justice Antonio Trinidade of the International Court of

Justice with Bayo Okeowo

Participants at the Litigation surgery


considered for litigation were also not left out, as the participants extensively discussed each and every case, highlighting their strengths, weaknesses, and the best way forward for each case presented. SERAC’s representative at the litigation surgery presented two cases that are currently being litigated, namely: Miss Kehinde Hassanat Babalola Vs. University College Hospital Board of Management (Suit No.FHC/IB/CS/32/2008) and Mrs. Victoria Mahaja & 2 others Vs. National Orthopedic Hospital Management Board & Olabisi Onabanjo University Teaching Hospital Management Board (Suit No. FHC/L/CS/128/11). The former concerns failure to provide professional care and treatment leading to irreparable body harm while the latter concerns on lack of access to emergency care leading to death. Other cases treated, were cases dealing with denial of access to essential medicines for people living with HIV/AIDS, including prisoners; responsibility for health provision in a post conflict situation; FGM (write in full) committed by medical staff; high levels of maternal and child mortality; failure to provide specialist care and treatment to vulnerable groups; treatment of mental illness and forcible treatment for patients with tuberculosis. Interight’s Ian Bryne elaborated on the linkages between failure in healthcare systems/abuses and torture, cruel, inhuman or degrading treatment. Participants were also made to avert their minds to other salient issues such as public health concerns versus individual rights and determining whether some cases are

better framed as medical malpractice suits or public interest claims. The 3-day high-level interaction with human rights lawyers within and outside Africa provided SERAC’s Anietie Ewang with enhanced knowledge of litigation strategies to be employ in litigating the right to health in Nigeria. She also left Mombasa full of zeal to implement strategies learned and experiences shared towards the promotion and protection of the right to health.

Civil Society Groups Gather to Review National Action Plan

SERAC’s Staff Attorney, Emmanuel Nwaghodoh on August 17, 2011 participated in a roundtable on “The Implementation of the National Action Plan (NAP) on the Promotion and Protection of Human Rights in Nigeria” organized by the National Human Rights Commission (NHRC) in Abuja. In line with its mandate and the resolve to ensure the promotion, protection of human rights of all Nigerians and safe guard the human right posture of Nigeria within the comity of nations, the NHRC convened the meeting to bring Nigerian Civil Society Groups together towards reviewing the existing NAP document; discussing the role of civil societies in its implementation; identifying challenges as well as building partnerships to address the perceived challenges. The NAP document is the Federal Government’s response to the recommendations of the Vienna Declaration and Programme of Action 1993 that has been affirmed by the United Nations General Assembly which requested that each state considers the desirability of drawing up a National Action Plan identifying steps to improve the promotion and protection of Human Rights. In addition, the roundtable explored opportunities of situating the NAP document for funding advantages as it was expected that the NAP document after review would serve as a reference guide for all human rights issues. CSOs were therefore implored to use the NAP document as the bases for sourcing funds from donors, tailor proposals in line with the provisions of the NAP document, ensure that government agencies live up to their responsibilities as provided for in the NAP document and that government agencies should mainstream human rights into their work so as to address the concerns of all in a given society. They were also encouraged to collaborate with development partners to advocate for change in budget implementation. High point of the meeting was the review of the NAP document section; SERAC participated in examining the social, economic and cultural (ESC) rights in the NAP document with emphases on problems and challenges facing the implementation of ESC rights in Nigeria; the role of CSOs and strategies for addressing identified challenges. The group identified the right to employment, right to health, right to water,


right to food, right to shelter and right to education as Social, Economic and Cultural rights contained in the NAP document. These rights under the Nigerian Constitution are identified as fundamental objectives and directive principles of State policy and not fundamental rights and is currently posing serious challenge for the enforceability of such rights in the local courts. Addressing ways of overcoming the problems/challenges, CSOs were urged to carry out aggressive lobbying of the National Assembly for the NAP document to be included in the Constitution as an act of Law, or be made an existing law. In addition, participants were to embark on creating awareness on ESC rights, monitoring and evaluating the implementation of these rights, and holding the violators of these rights accountable. To accomplish this task, participants may likely encounter challenges like funding, the non inclusion of ESC rights as fundamental rights in the Constitution, lack of political will by the government, unequal access to public goods, overdependence of government, lack of capacity and corruption. The social and economic rights group mapped out some strategies for overcoming the possible challenges that were identified during the meeting. Among the strategies are the use of volunteers like undergraduates and youth corp members in carrying out assignments to minimize cost, engage in fund raising activities in campuses and other institutions and to be ambitious in revenue generation. As a way forward, the inclusion of human rights education into the educational curriculum was also

proposed while civil society representatives were urged to deploy the use of new social media – Facebook, Twitter, and Blackberry Messenger -- for information dissemination.

Lekki Free Trade Zone: Reviving the Resettlement Committee

Recent activities surrounding the Lekki Free Trade Zone (LFTZ) Project has shown that strong community activism has been imbibed by SERAC’s partner communities. Communities that play host to the multibillion dollar LFTZ Project aimed at establishing a Free Trade Zone in the

Ibeju –Lekki Local Government Area of Lagos State has been put under serious scrutiny in a bid to assert their human rights, demand accountability and be a part of the decision making process on issues concerning them. Taking their stand from the landmark Memorandum of Understanding (MoU) drafted by SERAC and executed in March 2007, the communities have constantly demanded from both the Lagos State Government and the Officials of the Lekki Free Trade Zone Project, that the project be executed in accordance with the provisions of the MoU. This has become necessary as certain provisions in the MoU which specify that the lives of the community members are not disrupted are being ignored. Some of the concerns raised by the community members include: the government’s deviation from the MoU by presenting a certificate of occupancy for 375 hectares of resettlement farmlands as against the agreed 750 hectares; the marking up of LFTZ acquired land with beacons, the provision of certain important infrastructure in the communities and; the total breakdown of the resettlement committee. This had led to high profile meetings between the Lagos State Government, the Lekki Free Trade Zone Project Officials, the host communities, and SERAC. One of such meetings took place on the March 8, 2011 following threats by the community members to disrupt ongoing construction work on the LFTZ site. At the meeting, community leaders stated their grievances and demanded that the necessary steps needed to address the problems confronting their communities be taken. LFTZ Chairman, Mr. Jawando in his response solicited the patience of the community members while emphasizing that most of the commitments in the MoU will take time to achieve as the LFTZ is a joint

Typical Lekki community before the project


venture and as such has a lot of internal issues to deal with including delays due to government’s bureaucracy regarding decision making. SERAC’s Executive Director, Dr. Felix Morka and Staff Attorney Anietie Ewang representing the community members at the meeting acknowledged the complexity of the project stating that the challenges facing the project are obvious especially as the Lagos State Government is involved. Mr. Morka affirmed that the community members’ grievances are understood but also made it clear that the conflict on ground was one which could have easily been avoided by adhering to the mechanisms provided in the MoU which is a model in conflict management. Laying emphasis on the importance of the resettlement committee, Dr. Morka emphasized that it is a vehicle to make the issues that have arisen less complex as they should rightly be discussed at the monthly resettlement committee meeting to ensure that all parties reach an understanding. He urged all parties to value the committee as a vehicle to ensure sustained engagement and a coherent path to discuss blow by blow the obligations arising from the MoU, failure of which could lead to chaos as each party will never be on the same page on any issue. The Lagos State Government, LFTZ Officials and members of the resettlement committee have since then worked with the communities to ensure that the monthly resettlement meetings take place as and when due. These engagements have become a watershed when referring to forging viable partnerships between local communities and

government. The government itself has recognized that cooperation is the fastest means to getting mega city projects executed. This was been reflected in government’s response at the resettlement committee meetings held on August 18, 2011 during which officials from different government departments were brought in and questioned on their responsibility as it pertains to executing the MoU.

Keeping up with Port Harcourt Waterfront Communities

On Wednesday, August 24, 2011, SERAC’s team comprising of the executive director, Dr. Felix Morka, program coordinator, Ms. Ohaeri Victoria and personal assistant to the ED, Ms. Dinma Nwanye organized a Community Assembly to chronicle the fears and concerns of local residents, communities and villages across Port Harcourt. The event united representatives of civil society

groups and members of various waterfront communities in Rivers State with a view to articulate a common response to the state’s demolition policy and formulate a coordinated strategy for both challenging the waterfront demolitions. The participating communities at the assembly include residents of Abonnema wharf, Afikpo, Aboama, Elechi, Igbesi Kalama, Okriika, Njemanze, Tom Ipiri-ama, Alasia-ama, Idagaama and Bunduama waterfront communities. They were joined by several members and leaders of the Nyokhana, Tai, and Babbe Kingdoms of Ogoniland. The Ogoni community has been ravaged by historical environmental degradation, oppression and land grabs by state authorities. In his address, SERAC’s executive director stated his awareness of the alarming rate of forced evictions and demolitions in the State and that there is no amount of injustice that cannot be overcome when people affected by that injustice feel a lot of outrage to engage that which is wrong and change it. The country has a framework which is its Constitution and it is within the framework, that government exercises its powers and meets its responsibilities. He also spoke on how there is so much lawlessness in the State and how during elections, those in charge of handling the affairs of the state promise to uphold the Constitution but instead turn around to abuse the Constitution thereby using arbitrariness in dealing with affairs of the State especially with regard to matters and policies that affect the masses. He explained how state governments use the Land Use Act as an instrument to take over community land in the name of overriding public interest without following due


processes. Continuing, he urged community members to make use of their mobile phones for taking pictures and videos when they witness and are privy to acts of violation because these data in future will be useful for litigating cases in courts. The information would also be used to make claims for

compensation and redress. He emphasized that SERAC cannot work alone but with the collaboration and cooperation of communities to solve emerging problems. The community assembly provided the Waterfront communities the much needed opportunity to present updates on recent developmental activities in their communities and they further recommended that such meetings could be held regularly so that SERAC’s direct impact can be felt. Emphasizing the Rivers State peculiarity as a result of its riverine and oil wells and the primary duty of the government to protect the welfare of its citizenry as well as its resources for the betterment of all, the SERAC team left with a reaffirmation of the organization’s commitment to promote and protect the rights of Port Harcourt waterfront communities.

Ogoni Families, Communities Oppose Land Acquisition and Banana Plantation Project

Over 700 land-owning families in the Nyokhana, Tai, and Babbe Kingdoms of Ogoniland stood to be affected by the Rivers State Ministry of Agriculture’s planned land acquisition. These families, whose farmland and homes fall within the area marked in the Ministry’s recently completed survey exercise, have not given their consent to the proposed project and are opposed to the acquisition of their land. The deliberate exclusive consultations undertaken by state authorities have significantly failed to take into account the widespread opposition in the affected communities, including Zor Sogho, Luusue Sogho, Barakaani Sogho, Teka Sogho, Okwole, Ueken, Korokoro, and Kaani.

Previously, the Federal Government wanted to take large portions of Ogoni land to establish a military base. However, the communities refused, stating that too much of their land had already been taken for various reasons. The Rivers State Ministry of Agriculture has now acquired their lands claiming that it wants to create a large commercial banana plantation. Members of the community question the purposes put forward by the state government and suspect that the land grab was in fact a punishment on the Ogoni communities for refusing to allow further oil exploration.

Most of the affected families interviewed disclosed that they only learned of the land acquisition when large numbers of military men with the Joint Task Force came to survey and mark their lands. Those who were present when the military came were subjected to abuses and threats. For instance, many farmers were forced to sit on the ground with their hands raised in the air and to stare at the sun for many hours while the military completed the survey, which resulted in severe sickness for days after. Others were threatened with guns while some were detained for hours. Some women

who received rape and death threats were forced to flee from the community. The traditional chiefs in some communities have also forbidden farmers from speaking with the military.

Since May 16, 2011, heavily-armed military men have been patrolling the area weekly in numerous vehicles to survey new lands. They force anyone in

their way to lie on the ground and people report being afraid to challenge the military for fear of the consequences. Young boys from the communities have been forced to assist the military in cutting crops. Although farmers have been explicitly forbidden by the military to return to the land, some now sneak back onto the land to harvest the few crops that remain in order to feed their families. During the course of the surveying, many crops have been destroyed in order to clear a path for the survey teams and concrete posts/beacons were laid to mark the boundaries of lands taken.


Based on the discussions SERAC had with the Honourable Commissioner for Agriculture Rivers State, Mr. Emmanuel Chinda, on Tuesday, August 16, 2011, it was confirmed that some traditional chiefs agreed to the land transfer for some undisclosed reasons without informing or consulting with the vast majority of members of the affected communities whose farm lands are actually at stake. The documents delivered by the Ministry of Agriculture do, however, include signatures from a number of community members who have been nominated by the chiefs to sit on a purported survey and compensation/negotiation committees.

In another letter written to the Ministry of Agriculture on August 22, 2011, SERAC requested that the agency releases all documents relevant to its plans (most especially its underlying land acquisition, environmental and social impact assessments and survey plans for the proposed banana plantation) so that it may independently verify that the community members’ economic, social and cultural rights are not adversely affected under the terms of the initiative. The letter became necessary because independently conducted inspection of the lands within the surveyed area indicates that they are almost entirely farmlands or rivers in productive use for community subsistence, rather than primary forest as the Commissioner mentioned. Secondly, farmland in the affected communities is held by individual families in plots with commonly recognized boundaries, which have passed through inheritance for generations.

Thus, the traditional chiefs do not have the authority to allocate land or consent to its sale without consultation and ratification from those who own and make use of this land. Since July 2011, the state authorities have intensified the harassment, intimidation and molestation of the aggrieved members of the communities. Several local chiefs including Elder Lucky Agbe have received numerous invitations and threats from the local authorities and the Nigerian Police Force regarding this matter. At a press briefing organized by SERAC in collaboration with Social Action (SA), Ogoni Solidarity Forum (OSF) and Ogoni Civil Society Platform (OCSP), SERAC urged the Ministry of Agriculture, and the Rivers State government to cease all ongoing survey, plants’ destruction, intrusions into privately-owned farmlands as well as the impending seizure of the farm lands in Ueken, Korokoro, Luusue Sogho, Zor Sogho, Barakaani Sogho, Teka Sogho, Akporo Sogho, Okwale, Kaani in the Tai and Khana local government areas of Rivers State until due process provisions have been complied with. The state government was also urged to conduct an immediate, public and inclusive consultation with the affected communities about the already executed and forthcoming steps by the Rivers State government, including dissemination of full information about the project in written format and in a language accessible to all affected communities (e.g. by radio broadcast in Ogoni as well as in English language); make publicly available the land survey and social and environmental impact assessments conducted in preparation for the banana plantation. If no such assessments have yet been undertaken, conduct them before the project proceeds and issue a public notice that fully explains why a commercial venture undertaken by a private foreign investor should satisfy the requirements of an “overriding public purpose” under the Land Use Act so as to warrant the substantial negative impact on so many subsistence farmers.


ABOUT SERAC

Established in May 1995, the Social and Economic Rights Action Center (SERAC) is a Lagos-based non-governmental, non-partisan and non-profit organization concerned with promotion and protection of economic, social and cultural rights (ESC rights) in Nigeria. Through its four highly-intergrated models -- the Monitoring and Advocacy Program (MAP), the Community Action Program (CAP), the Legal Action Program (LAP) and the recently introduced Policy Advocacy Program (PAP) -- SERAC seeks to create awareness about specific rights and integrated economic, social and cultural rights issues. Through research, education, advocacy and community mobilization, SERAC's projects explore strategies for broadening individuals' and communities' participation in the design and implementation of policies and programs that affect them. SERAC's work is predicated on the standards contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR) that was ratified by Nigeria in 1993, other human rights instruments, and local legislation.

Staff Members Executive Director Felix C. Morka, Esq. Program Coordinator Victoria Ibezim-Ohaeri, Esq. Senior Legal Officer Kalu Kalu Obuba, Esq Staff Attorneys Emmanuel Nwaghodoh, Esq Adebayo Okeowo, Esq. Anietie Ewang, Esq. Program Officer Dr. Lilian Ibe (Right to Health) Accountant Bolaji M. Ibrahim, ACA Administrator Oluwatoyin Gbadegesin PA to the ED Dinma M. Nwanye Estate Officer Joseph Odekhian Cashier Victoria Chukwura Protocol Officer Jerome Utomi Interns Funmi Showole Fadekemi Pinmo Andrew Maki Office Assistant Kate Ovas Drivers Rasheed Shittu David Okafor Seun Odukoya Security Officers Clement Okafor Jonathan Okafor Cleaner Justina Odimegwu

Board of Directors Laila Maher, Esq.

Emmanuel C. Ukala, Esq. (SAN) Professor Patience Elabor-Idemudia Professor Balarabe A. Haruna, Esq

Osaze Iyamu Anka Amurawaiye

Felix. C. Morka, Esq

serac@work, may - august, 2011

Documents

pura community

new city

news of eko atlantic

pura representatives

edition of serac

mega city maroko communication

anniversary serac

serac team