COHRE Community Guide Nigeria 2011

Centre on Housing Rights & Evic tions

Community Guide to asserting and defending housing rights in Nigeria

August 2011

Centre on Housing Rights & Evic tions

contentS

Abstract

I. YOUR RIGHTS UNDER INTERNATIONAL LAW INTRODUCTION P4 DEVELOPMENT AND DISPLACEMENT P11 INTRODUCTION TO HUMAN RIGHTS P14 THE RIGHT TO ADEQUATE HOUSING p21 EVICTIONS AND YOUR RIGHTS P27 II. YOUR RIGHTS UNDER THE NIGERIAN CONSTITUTION CLASSIFICATION OF LAND IN THE NIGERIAN CONTEXT P32 ASSERTING AND DEFENDING YOUR HOUSING RIGHTS P38 APPENDIX: LAND USE ACT 1978 P44

This Community Guide to Asserting and Defending Housing Rights in Nigeria is intended to be a new resource book for communities threatened by forced eviction and displacement in Nigeria and for COHRE staff to train grassroots activists on steps to follow in defending community land and housing rights and to facilitate interactive community training workshops.

their rights. It is aimed at helping communities threatened with forced eviction and displacements to access information about their rights, thereby empowering them to take collective action to seek redress. This, together with COHRE’s already existing training manuals, will help impart the knowledge, skills and values contained in the Community Guide.

The information and activities contained in the guide will help communities facing eviction understand their rights under the constitution of the Federal Republic of Nigeria and international law, and provide them with advocacy strategies they can use to assert and defend these rights.

While this Community Guide is broadly based on a review of COHRE’s Cambodian Guide to Defending Land and Housing Rights, it is primarily written for a Nigerian context. Many of the topics in Section I: Your Rights Under International Law can be used in the rest of Africa, with slight adaptations from country to country.1

The Community Guide is intended to bridge the information gap facing communities regarding their housing rights and the means of defending these rights, as most communities in Nigeria hardly know

1 Most of the content of this Community Guide, especially Chapters 1 and 2, was adapted from the Cambodian Guide to Defending Land and Housing Rights, published by COHRE in September 2009.

Centre on Housing Rights & Evic tions

Acknowledgements A ‘how to’ manual such as this cannot be compiled unaided.

This community guide draws on the Cambodian Community Guide to Defending Land and Housing Rights, published by the Centre on Housing Rights and Evictions (COHRE) in September 2009, in conjunction with Bridges Across Borders Southeast Asia and the International Accountability Project. It is also based on COHRE’s experience of working in the field of land and housing rights in Nigeria.

COHRE believes that awareness of economic, social and cultural (ESC) rights as a whole in Nigeria is low, partly because the amended provisions in Chapter II of the 1999 Constitution of the Federal Republic of Nigeria—which deal with ESC rights—are deemed ‘non-justiciable,’ and due to the fact that communities threatened by forced eviction and displacement in Nigeria have little access to information about their housing rights and the means of defending these rights.

The production of this community guide has been made possible through the financial support of Cordaid, the Swedish International Development Agency (Sida), Misereor, and The Ford Foundation.

Thanks are also due to COHRE’s colleagues at the Social and Economic Rights Action Center (SERAC), who have helped to focus COHRE on the problems and the opportunities of blighted communities in Nigeria, and to those who provided COHRE with information from the National Human Rights Commission of Nigeria, the Federal Capital Development Authority and the Federal Ministry of Lands, Housing and Urban Development. COHRE IS also indebted to Eyong Sunday, COHRE Programme Officer for Nigeria; Esther Kodhek, COHRE Africa Regional Director; and Eliane Drakopoulos, who reviewed and edited the guide and provided feedback.

COMMUNITY GUIDE TO ASSERTING AND DEFENDING HOUSING RIGHTS IN NIGERIA

I. Your rights under international law: Introduction

Introduction Combating poverty is one of the major challenges the world faces. Today, between 1.5 and 2 billion people are trapped in extreme poverty, with less than a dollar a day to provide for their needs. In many countries, including Nigeria, poverty is deeply Today, between 1.5 and 2 entrenched, prebillion people are trapped venting the vast in extreme poverty. majority of people in the developing world from realizing their economic and human potential. The majority of Nigeria’s 140 million people live in squalor, with 16 million Nigerians either landless, inadequately housed, or living in shacks and slums due to a huge housing deficit. Hundreds of thousands of people have been displaced from their homes and farms annually to make way for development projects, city “beautification,” road expansion and infrastructural upgrad-

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ing, urban renewal, implementation of development master plans etc— thereby pushing people further into chronic poverty.

Sometimes projects are for the benefit of the country, but often the main benefits go to the powerful individuals and companies that take the land. Frequently, the people living on and using the land do not have secure rights to their land because the procedures for obtaining legal titles are so cumbersome, expensive, and laden with irregularities and deceit that ultimately they are forced to abandon the process or not engage in it at all. Similarly, people are not given the opportunity to participate in decision-making about development projects that implicate them.

However, due to efforts by international organizations, non-governmental organizations (NGOs) and community-based organizations (CBOs), there is a growing

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YOUR RIGHTS UNDER INTERNATIONAL LAW awareness of ESC rights in Nigeria and people are beginning to demand accountability from public officials and to resist the injustices of forced displacement. COHRE is part of this growing movement of people and organisations working to defend the rights of those facing forced displacement. COHRE is working to make governments and private actors listen to the voices of the people, believing that everyone should benefit from and make decisions about development in their domain. Similarly, people should be able to benefit from development projects rather than sacrificing their homes for development that will benefit only a sector of society.

The Community Guide to Asserting and Defending Housing Rights in Nigeria is designed to be a resource book for communities threatened by forced eviction and displacement in Nigeria, as well as for COHRE staff to train grassroots activists on steps to follow in defending community land and housing rights and facilitate interactive community training workshops. The information and activities contained in the Guide will help communities facing eviction understand their rights under the Constitution of the Federal Republic of Nigeria and international law, and provide them with advocacy strategies they can use to assert and defend these rights.

The Community Guide is intended to bridge the information gap between communities regarding their land and housing rights and the means of defending these rights. It is aimed at helping communities threatened with forced eviction and displacement to access information about their rights and learn about the risks and dangers of dis-

placement. It contains information on many different topics related to forced displacement and activities that help people understand their roles, take part in discussions, and learn important skills, even if they cannot read or write. This way, everyone can participate in planning what actions to take to defend their rights and those of their neighbors.

It is our sincere hope that the information, strategies and stories contained in this guide will help communities, CBOs and grassroots community activists in the struggle for the full realisation of the human right to adequate housing in Nigeria and, with greater collaboration, make communities and peoples’ movements a powerful force for change in our world. This guide is intended to help strengthen a truly global movement to stop the injustice of forced displacement, and to defend communities’ land and housing rights, as well as ways of life.

1. How to use the Community Guide for asserting and defending housing rights in Nigeria This guide is meant to be accessible to communities, including those who have had limited access to education and have little or no knowledge of the subjects. The language used is simple and straightforward, and the exercises used are interactive and enjoyable.

The guide can be used by people who want to facilitate a training workshop and by people who would like to use it simply as an information resource. The guide can be used by facilitators and participants alike, and can be used as a stand-alone resource.

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YOUR RIGHTS INDER INTERNATIONAL LAW This module explains the basics on how to use the Guide and how to organize and deliver a community training.

1.1 Organising a training First, you will need to organise a training workshop. It is important that everything—from the venue to the selection of modules you will be teaching—is prepared well in advance, and that you are organised. If things do not run smoothly, the training will not be as effective. When organising a training workshop you should consider the following points: (a) Booking a venue: A community hall, a hired room or hall in a hotel is idea to ensure a quiet and bright environment for learning. This should be secured well in advance—at least two weeks before the training. (b) Participants: Decide who should participate in the training. They may be communities threatened with eviction, members of a community network or NGOs, policy officials or the media, who will be ready to stay throughout the duration of the training. The number of participants is important (15-25 participants would constitute an ideal number), and the group should contain a good mix of men and women, different ages and different ethnic groups to ensure equity and fairness. (c) Notification and invitations: Ensure that participants are well-informed ahead of time about the training dates.

Also remember to send reminders when the date gets closer. (d) Participants’ situations: Ensure that the training targets specific needs of participants and where necessary, ask a few community representatives what topics they think would be most useful to enable you decide on the relevant sections of the Guide that are most im-

portant to teach. (e) Agenda: Prepare an agenda based on the feedback you have received. The agenda sets out the daily plan of the workshop and the specific timelines. Ensure that you allocate enough time to teach the selected lessons. Also include time for breaks, meals and energizers. (f) Informing authorities: Think carefully about whether it is necessary to inform the local authorities of your plan to conduct a community training. (g) Participant’s guide: At the end of the training it is a good idea to provide the participants with all the information that you have covered. To do this, you will need to photocopy the relevant sections of the Participant’s Guide. (h) Be prepared: Ensure that you are familiar with the material that you will teach, and ensure that all the materials that are necessary for the workshop are ready before the commencement of the training. If there are other facilitators, make sure you have decided who will be responsible for each lesson and activity.

1.2 Starting a training On the day of the training, arrive at the training space or room early, to make sure everything is ready. Arrange the materials neatly so that you can access them easily when you need them during the lessons. If tables and chairs are available, think about how you would like them to be arranged. Sometimes it is a good idea to arrange the tables in a circle so that everyone can see each other and no one has to sit behind someone else.

Ensure that you: 1. Introduce yourself to the group and give participants the chance to introCENTRE ON HOUSING RIGHTS AND EVICTIONS P.6

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YOUR RIGHTS UNDER INTERNATIONAL LAW duce themselves; 2. Explain the main objectives of the workshop to the participants, explain the rules of the training, e.g. turn off mobile phones, everyone should be considerate of other people, there should be no discrimination, and everyone should have a chance to speak.

3. Ask the participants about their expectations of the workshop at the beginning and find out if

Training checklist: Before conducting a training, make sure you do the following: • • • • • • • • •

Organize a venue Decide who the participants will be and how many will attend Invite the participants well in advance, and send a reminder closer to the date Learn about the participants’ background, situation and their topics of interest Choose the modules you will teach and make an agenda Inform the authorities, if you think it is necessary Photocopy relevant parts of the Participant’s Guide Prepare the materials—for example, paper, pens and handouts Revise the lessons so you feel confident to teach them

those expectations were met during the evaluation at the end of the workshop.

1.3 Interactive facilitation The most effective methods for sharing any information are interactive, based on active participation, and focus on the participants, rather than the

facilitator. These techniques help people to learn faster and remember more than if they are taught using traditional methods, like lectures.

There have been many studies and experiments that have shown that the amount and quality of information participants remember depends on the facilitation methods used. Research has shown that the lecture style of teaching is less effective for passing on knowledge. Examples of interactive methods of teaching include: • • • •

role-play demonstrations stories focused group discussions

One of the best ways for you to improve your understanding of new information and skills is to share it with others. By sharing with others, you will gain a better understanding, know how to explain things using simple language and be able to show how the information and skills can be used. Community trainings are therefore a two-way learning process.

As you facilitate, the participants learn, and you will also become more confident and increase your understanding of the issues you are facilitating.

You will also have a valuable opportunity to learn from the experiences and stories of the participants.

1.4 Facilitation methods There are many different facilitation methods that can be useful for sharing information in communities. These methods are aimed at making those attending the workshop active participants and not passive observers. The methods recognize that participants always come to training workshops with knowledge and experience from their own lives and that they have much to contribute to the learning that will happen in the room. Below are some examples of interactive facilitation methods: (a) BRAINSTORMING: This allows participants to

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YOUR RIGHTS UNDER INTERNATIONAL LAW think freely about ideas. There are usually no right or wrong answers, and it allows them to express their ideas freely.

each other. Games are also often used as ‘energizers’ to refresh people when they are feeling unfocused or sleepy between lessons.

(b) FOCUS GROUP DISCUSSIONS: Focus group discussions should be carefully planned and participants should be given clear rules and instructions that allow enough time for discussion. If possible, the groups should usually not have more than ten participants so that everyone has a chance to speak.

Games can also be used to teach more difficult topics such as the law, and to help people remember new information. Games might involve teams and competitions, but be careful not to embarrass anyone if they do not know the answers to questions, as winning is not the primary goal.

(c) CASE STUDIES: Case studies are stories or descriptions of events that can be real or made-up and can be used to help understand how information and skills can be applied. Case studies can be used during group discussions to help participants analyze and think critically about how to use new information and skills in practice.

Why interactive learning is best:

(d) ROLE-PLAYS: In role-plays, participants (or sometimes facilitators) act out a situation. Participants can either be given the situation through a case study or they can be asked to make it up themselves. Role-plays are useful because participants are able to be creative, which will make them feel more involved in the lesson, and keep them active and interested. (e) QUESTION AND ANSWER: A discussion through questions and answers can often be used instead of lecturing. This way everyone is talking and needs to think carefully about the issues, not just the facilitator. Participants almost always know some information about the issue or the subject that is being taught and how it relates to their lives.

Good facilitators will draw out the knowledge and experience of participants and build on it by asking polite questions. (f) GAMES: Adults and children learn from games.

Games may sometimes be used as ‘ice breakers’ that are fun activities to help participants know each other and become more comfortable with

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If lectures are used, participants remember approximately 5% of information.

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If participants read the information, they remember approximately 10%.

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If audio-visual methods are used (a video or PowerPoint presentation), participants remember approximately 20% of information.

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If participants watch a demonstration, they remember approximately 30%.

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If participants discuss issues in small groups, they will remember approximately 50%.

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If participants are shown a demonstration and then practice it themselves, they will remember approximately 75%.

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If participants teach others, they will remember approximately 90%.

(g) PARTICIPANT PRESENTATION: According to popular Chinese saying, “I hear and I forget…I see and I remember...I do and I understand.” Participants can be given a topic, case study or question

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YOUR RIGHTS UNDER INTERNATIONAL LAW to work on in small groups and then present to the rest of the class. Groups can be asked to prepare and present drawings, songs, role-plays, plans, ideas, or answers to questions. Presentations can be made by the whole group, or a group spokesperson can be chosen to present. Afterwards, all the participants (both presenters and observers) can discuss the presentation. (h) VISUAL AIDS: Objects, photographs, pictures, drawings, posters and films are all examples of visual aids that are used to reinforce learning and leave a lasting impression on the learner. Visual aids help focus participants’ attention and are an effective way to bring real life experiences from Nigeria and around the world into the training room.

Visual aids are also helpful in expressing ideas, concepts and plans.

1.5 Lesson plans A lesson plan is like a road map that shows the direction of the lesson from start to finish. It serves as a guide and indicates all relevant points that must be highlighted during the lesson. The starting point is usually the aim of the lesson, and the final destination is achieving that aim.

1.6 Facilitation skills As a facilitator, there are many things to consider before facilitating a training, including the lesson content, exercise instructions, and what materials are needed. At the same time, you must be conscious of your behavior and the presentation of the lessons. It is important that participants respect you and feel respected, and feel comfortable to join in the exercises and contribute. Below are several tips on how to be a good Facilitator: (a) PREPARATION: A good knowledge of the lesson will boost your confidence and increase your chances of delivering a good training. It is important to be confident about the information you are teaching, and to know the materials you will need and the instructions you should give to par-

ticipants. Ensure that the venue, meals, handouts, materials and all equipment needed are organized at least one week before the actual training. (b) TIME MANAGEMENT: Effective time management is important, especially when many topics have to be taught. However you also need to be flexible. If the lesson is difficult for instance, you may need to take more time and vice versa. (c) BODY LANGUAGE: Let the participants know that you are enthusiastic and want to teach.

It is important to stand up straight and move around the class as you teach. Make sure you look at all of the participants—not at the floor, or out of the window, and not just at the participants directly in front of you. Your body language should not make the participants feel uncomfortable—for example, you should not point at people. (d) TRY NOT TO LECTURE: As discussed above, lecturing is the least effective way to teach and learn. All the training methods described above are ways to teach the information without lecturing. If you find yourself speaking for too long, stop and ask some questions or introduce an activity to enable participants to discover the information themselves. (e) CHECK FOR UNDERSTANDING: Good facilitators will check for understanding throughout the lesson. However, do not teach for one hour and then ask at the end “Do you understand?” You can check participants understanding every few minutes by asking questions or asking for volunteers to summarize. (f) BUILD A GOOD RELATIONSHIP WITH PARTICIPANTS: Try to develop a friendly relationship with participants. You can do this by greeting and welcoming them as they enter the training room; calling them by their name; asking them questions about themselves and telling them something about yourself; encouraging the participants to

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YOUR RIGHTS UNDER INTERNATIONAL LAW become involved in lessons; talking to them on a one-on-one basis before and after lessons and during breaks (especially some of the quieter participants); giving them a chance to share personal stories; joining them for lunch; and praising good work and contributions by shy participants. (g) ENERGIZERS: It is important that you make participants listen and interested in the lessons at all times to ensure that they remember what they have been taught. A way to achieve this is by doing short “energizer” exercises between lessons, or whenever you feel that participants are getting tired or losing interest. You may often need to do energizers towards the end of the day or just after lunch, when participants are feeling tired. Energizers include songs, dances, games, stories, and any other activities that get the participants to move around and have fun.

1.7 Evaluations At the end of the training, it is important to get feedback from participants about the training. This can be done in a number of ways and at different times. The best time to evaluate is usually at the end of each training day. Sometimes it is also a good idea to evaluate the training several weeks or even months later, so that you can check what the participants have remembered. Evaluations can be conducted by simply asking the participants questions orally.

This can be done with the whole group, with smaller focus groups, which is usually advisable if participants are illiterate, or with the aid of evaluation forms. Either way, the following questions will provide adequate feedback for your evaluation: Did you understand the lesson? Was the information useful? Which lessons were most useful and which were least useful?

You can also ask participants to rank the lessons and as whether the facilitator did a good job.

By asking these questions, you will be able to adapt and improve for future trainings. Additionally, trainers and observers can evaluate the train-

ing by making their own notes on how successful they thought the exercises were and how well the participants appeared to understand.

1.8 Keeping records Finally, it is important to keep records when you conduct training. It is useful for yourself and also useful to share with others if you are a member of a network or working at an NGO. After a training you should record: who you have trained (including how many men and how many women); where you held the training (province, district, village, and venue); which topics you taught; how you think the training went (for example: Did participants understand the lessons? Were the lessons enjoyable?); and what response you had from the participants (positive or negative evaluations).

ACTIVITY 1: WHAT DO YOU UNDERSTAND BY THE TERM DEVELOPMENT? AIM: Participants will come up with different ideas about development of their community and how these are similar to or differ from government development plans.

MATERIALS: Whiteboard or flipchart, markers.

METHOD(S) USED: Silent brainstorm, discussion, group drawing, presentation, question and answer.

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Silent brainstorm: Let participants think of some projects that would help improve people’s lives in the community. What types of things would help families and community members to be healthier, happier and to have more opportunities?

Give the participants a minute to think in silence.

After that, give them an opportunity to share and discuss their ideas in groups.

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Small group discussion and drawings: As they split into groups, walk around the groups to make sure that participants understand what they need to do, giving explanation where necessary.

At the end of the 10 minutes group discussion and drawing, participants return to their seats and begin the general class discussion. Participants will think about and discuss the kinds of development projects being promoted in their community and region by the government or companies (positive and negative).

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Development and displacement

Defining development We all have ideas for ways we can improve living conditions in our communities. For example, maybe in your community, people would like to build a new school, a health clinic, or a housing estate. Maybe there are some roads that need to be repaired or expanded, slums that need to be cleared, drainage channels that need to be dredged or constructed and pipes that need to be laid to improve access to clean drinking water. Maybe members of your community are interested in a new job training program or developing irrigation systems to provide water for crops and animals during the dry season.

These are all examples of ideas for development of your community—ways to improve the quality of life, opportunity and well-being. Different communities and individuals will have many different ideas about what good development means to them. Government officials, companies and other groups may have different ideas for development. For example, sometimes governments and

companies declare that big projects— such as roads, mines, oil refinery, recreational parks, stadiums, hydropower dams, or modern buildings—are necessary for the development of the whole country. Sometimes these big projects can have negative impacts on local communities. If local people say they do not want these projects, they are often

Different communities and “ individuals will have many different ideas about what good development means to them.

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told that they are opposed to the development of their country.

But are these projects always really development? What happens if you disagree with a proposed development project because of the harm it will cause? Who should decide what kinds of projects and policies would be best for the future of your communities and country? There are many different ideas and models for development, so there CENTRE ON HOUSING RIGHTS AND EVICTIONS P.11

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YOUR RIGHTS UNDER INTERNATIONAL LAW is no single definition or type of project that is development. The decisions that are made about the development of one area will have a big impact on the lives of all people in that area. For this reason, everyone should have a voice

that focus on improving people’s quality of life. This may include projects that help to support families, build homes, protect the environment, improve access to food, preserve culture and increase opportunities to learn and work.

This might involve small projects within a community or it might involve big projects Definition of terms: carried out by the government or companies.

Development: Improvement of the quality of life, opportunity and well-being. Development can Sometimes, development happen at the community level or at the country projects and policies can be level. It can be anything from building schools, beneficial to some people houses and improving access to health care to but impact negatively on building the economy and improving trade with others. Good development other countries. projects include the ideas of

Inclusive development: An approach to development that includes local people in planning and decision-making and focuses on improving the lives and opportunities of affected people. Inclusive development also respects people’s rights.

all people who may be implicated by the project and find ways of mitigating negative impacts.

For example, if a company decides to build a factory in Non-inclusive development: Development that a rural community to create does not take affected communities’ ideas and jobs and reduce the negative problems into account. Non-inclusive developimpact of rural-urban migrament projects can involve taking natural retion, such a company should sources away from local communities, or forcing also consider ways to mitipeople to move from their homes so that more gate the negative impact of modern buildings can be built. pollution on the community and its environs. The rivers Forced displacement: When people or commuand land may be polluted, nities are made to leave their homes and lands. thereby impacting negatively Forced displacement often happens because of on fishermen and farmers, non-inclusive development. whereas jobs are created for the youths. For the factory to be a good development in defining what kind of development project, the company will need to find happens in their community and their a ways of mitigating pollution in the country. community and its environs and talk to local farmers and fishermen about ways Different approaches to development of preserving their livelihoods and the Whenever plans for development are environment. considered, people think about projects CENTRE ON HOUSING RIGHTS AND EVICTIONS P.12

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YOUR RIGHTS UNDER INTERNATIONAL LAW This approach to development is called inclusive development, because it includes local people in planning and decision-making and focuses on directly improving the lives and opportunities of local people.

Unfortunately, in many parts of the world, including Nigeria, several development projects are conceived, planned and executed in secrecy, without taking into account local communities’ ideas and problems. These projects often exploit natural resources from local communities and lead to displacement and forced eviction, to give way for more modern buildings. These are often non-inclusive projects that, rather than solving problems of local communities, only lead to the creation of new ones.

These projects often do not have much benefit for poor people, but mainly benefit people who are already rich and powerful.

Development and forced displacement One of the worst impacts of non-inclusive development is forced displacement. In the name of development, people are sometimes evicted from their homes and forced to move out of the way. Many people around the world have become poorer due to forced displacement. This is because in addition to losing their homes, they lose access to the land or resources they depend on for many aspects of their lives, including

their food and livelihoods.

When people are displaced, in addition to losing their homes, they often lose access to local resources and services.

Lost resources might include forests, rivers and farmland. Lost services might include community centers, markets, schools or health clinics. Displacement often leads to the breakdown of communities and social and support networks.

When inclusive development processes are used by communities, governments and companies, there is less risk of forced displacement and these negative impacts happening. This is because local communities that are affected by development projects are asked for their opinions and ideas about the project and how they would like to see their problems being solved.

If people are required to move/relocate because of a project, inclusive development ensures that they are included in the discussions and decisions about moving/relocation. Consultations should happen and action should be taken so that the living conditions of affected people are not negatively affected, or there could even be discussion on how they can be made better. With this approach to development, people’s human rights are respected. In the next sections of this guide, you will learn about

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Introduction to human rights

What are human rights?

Human rights allow people to live happy, healthy and free lives. In our daily lives, we all have basic needs, such as enough food to eat, clean water to drink and healthcare when we get sick.

We also need some basic freedoms, such as the freedom to express our opinions and to practice our religion.

Having these freedoms are our basic rights as human beings. Everyone, everywhere has these human rights—men and women, young and old, rich and poor—no matter where they were born or what they believe. These rights cannot be taken away from us and must be respected at all times.

Where do human rights come from?

Human rights come from the common values of cultures and communities around the world. These values have developed in many different societies and countries because most people around the world believe that they, and the people around them, should be treated with respect.

Unfortunately, throughout history, people have experienced or witnessed terrible suffering, often caused by very bad treatment by government, military and other people. Many people have lived through wars and violence, under oppressive and cruel governments, or have not had enough food to eat or medical care when they are sick. For example, Nigerians who lived through the period of the civil war from 1967 to 1970 and between 1983 to 1998, during the military era, experienced various forms of human rights abuses.

Under the Military regime of 1983-1998, many people were murdered while others were tortured to death, including Ken Saro Wiwa, for asserting their rights and protesting injustices of the government. Some people who spoke out against injustices of the government were either arrested, tortured or killed in cold blood. These events and experiences have made people believe even more that rules must exist to prevent this bad treatment of human beings.

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The Universal Declaration of Human Rights The United Nations is an international organisation made up of most of the world’s nations. Its aim is to achieve world peace by preventing conflicts, promoting human rights, and helping with economic development.

In 1948, representatives from many nations came together at the United Nations to talk about human rights. At this important meeting, these representatives made a promise to their people, to each other, and to the world that their governments would respect human rights. This statement was called the Universal Declaration of Human Rights (UDHR). The UDHR lists the basic rights of all human beings.

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Some of these rights, also contained in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria, include: 6.

1. The right to life:1 This is provided for in Section 33(1) of the Constitution of the Federal Republic of Nigeria.

“Every person has the right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”

2. The right to the dignity of human persons: Section 34(1) of the Constitution states that ever individual is entitled to respect for dignity of his person, and accordingly; (a) no person shall be subject to torture or to inhuman or degrading treatment; (b) no person shall be held in slavery or servitude; and (c) no person shall be required to perform forced or compulsory labour.

1 Universal Declaration of Human Rights, Article 3.

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YOUR RIGHTS UNDER INTERNATIONAL LAW The right to personal liberty: This is contained in section 35(1) of the Constitution of the federal Republic of Nigeria.

The Right to fair hearing: 36(1) of the constitution states that “In determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.”

The Right to private and family life: This is contained in section 37 of the constitution and it states that “the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”

The right to freedom of thought, conscience and religion: In section 39(1) of the Constitution, every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

The right to freedom of expression and the press: Under 39(1), every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

The right to peaceful assembly and association: Section 40 of the Constitution states that every person shall be entitled to assemble freely and associate with other persons, and in particular they may form or belong to any political party, trade union or any other association for CENTRE ON HOUSING RIGHTS AND EVICTIONS P.15

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YOUR RIGHTS UNDER INTERNATIONAL LAW the protection of their interests.

9. The right to freedom of movement: This is contained in Section 41(1), which states that “every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit thereof.”

10. The right to freedom from discrimination:2 Section 42(1) states that “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person: (a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or (b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

11. The right to acquire and own immovable property: Section 43 stipulates that every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria. This also contained in Section 44(1) of the Constitution of the Federal Republic of Nigeria.

2 Universal Declaration of Human Rights, Articles 2 and 7.

Other rights contained in the UDHR include: 1. The right to health:3 Governments have a responsibility to ensure that “there are adequate medical and health facilities for all persons.”

2. The right to be free from slavery 3. The right to education:4 According to Section 18(1), government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.

4. The right to be free from torture 5. The right to an adequate standard of living5 6. The right to work: everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment (Article 23(1) of the UDHR6 and Section 17(3a) of the 1999 Constitution of the Federal Republic of Nigeria), all citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment 7. The right to vote and be voted for.

The UDHR is very important because it was the first time that the nations of the world collectively recognized that we all share a common set of values about how human beings should be treated and that these are, in fact, human rights.

However, the UDHR is only a statement 3 Universal Declaration of Human Rights, Article 25.

4 Universal Declaration of Human Rights, Article 26.

5 Universal Declaration of Human Rights, Article 25.

6 Universal Declaration of Human Rights, Articles 23(1).

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YOUR RIGHTS UNDER INTERNATIONAL LAW made by governments about the basic rights of human beings and does not have the force of law. Nearly twenty years later, this became the basis for two very important international laws: • •

The International Covenant on Civil and Political Rights (ICCPR); and The International Covenant on Economic, Social and Cultural Rights (ICESCR).

Why should we know and assert our rights?

Even though everyone has basic fundamental human rights, very often these rights are violated by government agencies and private actors. When people do not know what their rights are and how to assert these rights, it is much easier for the government and private actors to violate their rights without any consequences. Knowing your rights is the first step to asserting them. In this guide, people will learn about their rights, how to assert them and what to do to protect the rights.

Throughout history, and around the world, people have worked together to ensure that governments keep their promises to respect, protect and fulfill human rights. People have taken great risks and struggled to defend human rights and overcome injustice. People across the world have benefited from the victories of these human rights defenders.

Government duties and human rights Governments of countries have the power to pass laws and take actions that affect many people’s lives. Because of this power, governments of all countries are responsible for doing all they can to make sure that people are able to

live happy, healthy and free lives. That means that governments have a duty to make sure that human rights are respected.

Governments must pass laws and take action to ensure that people are able to enjoy their human rights. For example, to respect the human right to education, governments must pass laws and take steps to try to make sure that all children are able to go to primary school.

To do this, they might open new schools in remote rural villages and train more teachers.

Governments must not pass laws or take actions that violate human rights. For example, if a government builds a large dam that prevents a community’s access to water for farming, fishing, or drinking, it may be committing a violation of the people’s right to water. Governments also have a duty to protect people’s rights from violations by other people.

For example, in order to respect the right to life, governments must pass laws that punish murderers. If someone commits murder, that person should be punished according to those laws. The duty to respect human rights is recognized in both international and national law.

Government duties to respect human rights are recognized in international law The UDHR is a statement made in 1948 by most of the nations in the world that they would respect people’s human rights. However, this did not have the force of law. Because human rights were still being violated, the United Nations decided that laws were needed in order to protect the rights contained in the UDHR and to put obligations on governCENTRE ON HOUSING RIGHTS AND EVICTIONS P.17

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YOUR RIGHTS UNDER INTERNATIONAL LAW ments to protect them.

In the 1960s two international human rights conventions were created. These are called: • •

The International Covenant on Civil and Political Rights (ICCPR); and The International Covenant on Economic, Social and Cultural Rights (ICESCR).

Most of the rights listed in the UDHR are protected by these laws. Because the Covenants are laws, governments that agree to them by signing them have the legal duty to respect and follow them.

When governments ratified these international treaties, they made a commitment to their people and to other governments of the world that they will respect human rights. This means that respect for human rights in a country is the concern of the whole international community, not just the government of that country.

The United Nations monitors the human rights situation in all countries that have signed the international human rights laws. The United Nations writes reports about human rights violations and also makes recommendations about how governments can make sure that human rights are respected.

tions can decide to send armed forces into that country to stop the human rights violations from continuing. (b) Government duties to respect human rights are recognized in Nigerian law The Federal Republic of Nigeria has signed and ratified most of the international and regional human rights instruments, including the ICCPR and the ICESCR, ratified on July 29, 1993.

Milestones regarding the incorporation of United Nations and regional human rights treaties include the domestication of the African Charter on Human and Peoples’ Rights (ACHPR), through the enactment of the ACHPR Enforcement and Ratification Act, 1990, as well as the Child Rights Act of 2003. The 1999 Constitution of the Federal Republic of Nigeria has human rights provisions in Chapter IV. It also recognized the African Charter on Human and People’s Rights and the Convention on the Elimination of Discrimination Against Women (CEDAW). This implies that the government has a legal duty to: • • • •

When a government does not respect international law, it cannot be sent to jail, but other countries and the United Nations can do something about it. For example, other countries can refuse to give the government aid or refuse to trade or communicate with that government. If there are very serious violations of people’s human rights, the United Na-

respect the human rights of its citizens; protect the human rights of its citizens; promote the human rights of citizens; fulfill the human rights of its citizens

However, people can help to ensure that the government respects its legal commitment to respect and protect these human rights by: • •

knowing what their rights are; demanding that the government does not pass laws or take any ac-

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Definition of terms: Constitution: The highest law of the land in the Federal Republic of Nigeria. The 1999 Constitution sets the rules for the system of government in Nigeria. All laws passed by the legislature in Nigeria and all decisions of government institutions must be in accordance with the provisions of the Constitution of the Federal Republic of Nigeria.

Discrimination: Treating a certain group of people in a way that shows marginalization due to certain characteristics, such as sex, religion, race, or ethnicity.

Duties (of the government): Things the government must do or must not do, for example the government must not torture people. These duties exist because people have human rights that must be respected.

Human rights: Human rights are those inalienable rights that every person is entitled to enjoy as a result of being human. It allows people to live happy, healthy and free lives. Having access to our basic needs, such as adequate food, water and housing, and enjoying basic freedoms, such as the freedom to express our opinions and to practice our religion, are our rights as human beings. Everybody, everywhere has these rights, no matter what their age, sex, religion, or wealth.

International Covenant on Economic, Social and Cultural Rights (ICESCR): One of the most important international human rights laws. It protects human rights like people’s right to education, healthcare and adequate housing.

International human rights law: Law that recognizes the human rights of individuals around the world and that places legal duties on governments to respect those rights. The 1999 Constitution of the Federal Republic of Nigeria recognizes international human rights law.

Unfair detention: When people are arrested and held in jail without a good reason and against legal provisions.

United Nations: An international organisation created by the world’s governments in 1945. The United Nations works for peace and security in the world. 192 countries are currently members of the United Nations.

Universal Declaration of Human Rights (UDHR): One of the most important international texts on human rights. The UDHR was adopted by the United Nations in 1948. It is a list of human rights that governments have promised to respect and protect.

International Covenant on Civil and Political Rights (ICCPR): One of the most important international human rights laws. It protects human rights such as people’s rights to life, to be free from discrimination, to vote and to be free to express opinions.

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ACTIVITY 2: WHAT DO HUMAN RIGHTS MEAN TO YOU? AIM: Participants will think about what human rights are, where they come from and why it is important to know and assert them.

MATERIALS: Flipchart or whiteboard, markers, copies of the Universal Declaration of Human Rights (if available), large pictures of human rights topics.

METHOD(S) USED: Brainstorming, small group discussion.

Start the exercise by asking the participants the following questions: i. ii.

What do “human rights” mean to you?

Why do you have human rights?

1. BRAINSTORMING AND GROUP DISCUSSION: Write the following question on the flipchart: What do you think you need to live happy, healthy and free lives? Include basic things (such as food, shelter, clothing), as well as freedoms (such as being able to express yourself freely).

NOTE: When teaching be passed around for 2. SMALL GROUP DISCUSSION ON THE UNIVERSAL DECLARATION OF HUMAN RIGHTS: Ask the Participants if they have heard of the UDHR. If they have heard about it, ask them to explain what they think it is. If they have not heard of the UDHR or cannot fully explain what it is, then be ready to explain in detail during the lesson.

this section, examples

participants to identify

should be given to en-

what right the pictures

able the participants

show. If copies of the

to fully understand the

UDHR and Nigerian

many rights included

Constitution are avail-

in the UDHR. Where

able, hand them out at

they exist, large cop-

the end of the day so

ies of pictures should

that participants can

3. WHY IS IT IMPORTANT TO KNOW YOUR RIGHTS? Cite an example of South Africa as a country that struggled for independence, for participants to appreciate how people can successfully advocate for human rights. Cite also the current efforts of the people of Maroko in Lagos, Nigeria.

4. DEBRIEF: Finish the exercise by explaining that human rights cannot be taken away from anyone.

When they are not fulfilled it does not mean people do not have these rights. It means that the government is failing to meet its duty to respect or protect them. In the following lesson we will discuss governments’ responsibilities to respect human rights.

Participants should understand that: • • •

Although everyone has these rights, they are not always respected—but this does not mean that they are meaningless.

If people do not know what their rights are, they cannot work to ensure that they are respected.

Over the years, many people have struggled for their human rights and the human rights of others to be respected.

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The right to adequate housing

What is the right to adequate housing?

The UN Committee on Economic, Social and Cultural Rights has underlined that the right to adequate housing should not be interpreted narrowly to mean four walls and a roof; rather, it should be seen as the right to live somewhere in security, peace and dignity. The characteristics of the right to adequate housing are clarified mainly in the Committee’s General Comments No. 4 (1991) on the right to adequate housing and No. 7 (1997) on forced evictions. 1 The right to adequate housing contains freedoms. These freedoms include: 1. protection against forced evictions and the arbitrary destruction and demolition on people’s homes; 2. the right to be free from arbitrary interference with one’s home, privacy and family; and 3. the right to choose one’s residence, to determine where to live and to freedom of movement.

1 General comments as adopted by the treaty bodies based on their monitoring experience.

The right to adequate housing contains entitlements. These entitlements include: 1. security of tenure; 2. housing, land and property restitution; 3. equal and non-discriminatory access to adequate housing; 4. participation in housing-related decision making at the national and community levels.

Adequate housing must provide more than four walls and a roof: A number of conditions must be met before particular forms of shelter can be considered to be “adequate housing.’’ These elements are just as fundamental as the basic supply and availability of housing. According to international human rights law, for housing to be adequate, it must, at a minimum, meet the following criteria:2

2 Committee on Economic, Social and Cultural Rights, General Comment 4, 1991.

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YOUR RIGHTS UNDER INTERNATIONAL LAW 1. Security of tenure: housing is not adequate if occupants do not have some degree of security of tenure that guarantees legal protection against arbitrary forced eviction, harassment and other threats.

2. Availability of services, materials, facilities and infrastructure: housing is not adequate if its occupants do not have safe drinking water, adequate sanitation, energy for cooking, heating, lighting, food storage or refuse disposal.

3. Affordability: housing is not adequate if its cost threatens or compromises the occupants’ enjoyment of other human rights.

4. Habitability: housing is not adequate if it does not guarantee physical safety or provide adequate space, as well as protection against the cold, damp, heat, rain, wind, other threats to health and structural hazards.

5. Accessibility: housing is not adequate if the specific needs of disadvantaged and marginalized groups are not taken into account.

6. Location: housing is not adequate if it is cut off from employment opportunities, health-care services, schools, child care centres and other social facilities, or if located in pol-

of cultural identity e.g. traditional houses built with local raw materials, and homes that are close to one another.

Protection against forced evictions: Protection against forced eviction is a key element of the right to adequate housing and is closely linked with security of tenure. Forced evictions are defined as the “permanent or temporary removal against their will of individuals, families and/or communities from their homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection.” 3 Government obligations and the right to adequate housing By virtue of its ratification of the ICCPR and the ICESCR, on July 29, 1993, as well as the domestication of the ACHPR through the enactment of the ACHPR Enforcement and Ratification Act of 1990 and the Child Rights Act of 2003, the Nigerian government has three main legal duties to: •

Respect citizens’ right to adequate housing: Government must refrain from interfering directly or indirectly in activities that hinder the enjoyment of the right to adequate housing. For example, the government should not destroy people’s houses or forcibly evict people without a very good reason. If evictions must take place, the evictees must not end up living in worse conditions.

•

Protect the people’s right to ad-

Protection against forced “ eviction is a key element of the right to adequate housing and is closely linked with security of tenure.

„

luted or dangerous areas.

7. Cultural Adequacy: housing is not adequate if it does not respect and take into account the expression

3 General comment No. 7 states that “the prohibition does not apply to forced evictions carried out in accordance the law and para. 4 of the ICHR.”

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equate housing: Government must prevent third parties, including individuals and corporations, from interfering with the enjoyment of the right to adequate housing. This must be done by passing appropriate laws and punishing people who damage other people’s houses or illegally encroach into other people’s houses and land.

•

Fulfill the human rights of its citizens: While government cannot provide adequate housing to all its citizens, it has an obligation to ensure that all necessary actions are taken to help people with inadequate housing to improve their housing over time. For instance, the government may be able to give small loans that could help people develop their houses or improve on existing housing conditions.

Common misconceptions about the right to adequate housing 1. The right to adequate housing requires the State to build housing for the entire population.

One of the most common misconceptions associated with the right to adequate housing is that it requires the state (government) to build housing for the entire population—an entirely State-based, State-determined and State-driven approach to housing.

While most governments are involved to some degree in housing construction, the right to adequate housing clearly does not oblige the government to construct a nation’s entire housing stock.

Demolitions in Dagiri, FCT, Abuja in March 2011 (© COHRE).

Rather, the right to adequate housing covers measures that are needed to prevent homelessness, prohibit forced evictions, address discrimination, focus on the most vulnerable and marginalized groups, ensure security of tenure to all, and guarantee that everyone’s housing is adequate. Government intervention in this regard can be in the form of legislative, administrative, policy or spending priorities. Additionally, government can play the role of a facilitator of the actions of all participants in the production and improvement of shelter.

2. The right to adequate housing must be fulfilled immediately by States.

Another misconception is that the right to adequate housing does not impose immediate obligation on the state. On the contrary, States must make every possible effort, within their available resources, to realize the right to adequate housing and take steps in that direction without delay. Notwithstand-

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YOUR RIGHTS UNDER INTERNATIONAL LAW ing resource constraints, some obligations have immediate effect, such as the undertaking to guarantee the right to adequate housing in equal and non-discriminatory manner, to develop specific legislation and plans of action to prevent forced evictions or to guarantee a certain degree of security of tenure to all.

3. The right to adequate housing prohibits development projects that entail displacement.

It is sometimes believed that at the protection against forced evictions implies a prohibition on development projects that entail displacement. There are inevitable needs for the redevelopment of certain areas in growing cities and for public agencies to acquire land for public interest and infrastructural development. The right to adequate housing does NOT prevent such development from taking place, instead it imposes conditions and procedural limits on it.

It is the way in which such projects are conceived, developed and implemented that is important. Very often, they are carried out with little or no consultation with those affected, limited consideration of their needs and little attempt to develop solutions that can minimize the scale of the eviction and the disruption caused.

4. The right to adequate housing is the same as the right to property and land.

It is sometimes believed that the right to adequate housing equates to the right to property and land. Yet some argue that the right to adequate housing threatens the right to property. The right to own property is enshrined in the Universal Declaration of Human Rights and other human rights treaties such as the International Convention on the Elimination of All Forms of Racial

Discrimination [Article 5(d)(v)] and the Convention on the Elimination of All Forms of Discrimination against Women [Article 16(h)], although it is absent from the two Covenants.4 The right to adequate housing is broader than the right to own property as it addresses rights not related to ownership and is intended to ensure that

Property marked for demolition in Dagiri, FCT, Abuja in March 2011 (Š COHRE).

everyone has a safe and secure place to live in peace and dignity, including non-owners of property. Similarly, access to land constitutes a fundamental element of the realization of the right to adequate housing, notably in rural areas or for indigenous peoples. Inadequate housing or the practice of forced evictions can be the consequence of denial of access to land and common property resources. Hence, the enjoyment of the right to adequate housing might require, in certain cases, securing access to and control over land.

5. The right to adequate housing is only necessary in developing countries.

Most people view the right to adequate housing as an issue solely affecting 4 The right to property is also enshrined in Article 14 of the African Charter on Human and Peoples’ Rights.

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YOUR RIGHTS UNDER INTERNATIONAL LAW developing countries where housing rights are denied to often massive portions of society. The reality, however, is that every nation in the world faces at least some housing rights challenges, including the countries making up the European Union, the United States, Canada and Australia.

For example, in its 1998 review of Canada, the Committee on Economic, Social and Cultural Rights stated that they were “gravely concerned that such a wealthy country as Canada has allowed the problem of homelessness and inadequate housing to grow to such proportions that the mayors of Canada’s ten largest cities have now declared homelessness a national disaster.” This implies that both developed and developing countries share a number of housing problems including rapidly growing homelessness; domestic violence; discrimination in the housing sector, particularly against the poor; forced evictions; harassment of tenants; and an increased reliance on market mechanisms to fulfil housing needs without a corresponding alteration of State policy to provide access to accommodation for those unable to access private housing.

The link between the right to adequate housing and other human rights Human rights are interdependent, indivisible and interrelated. In other words, the violation of the right to adequate housing may affect the enjoyment of a wide range of other human rights and vice versa.

Definition of terms: Constitution: The highest law in Nigeria. The 1999 Constitution of the Federal Republic of Nigeria sets the rules for the system of government in Nigeria. All laws passed by the government and all decisions of State institutions must follow the Constitution.

International Covenant on Economic, Social and Cultural Rights (ICESCR): One of the most important international human rights laws. It protects human rights like people’s right to education, healthcare and adequate housing.

International human rights law: Law that recognizes the human rights of individuals around the world and that places legal duties on governments to respect those rights. The 1999 Constitution of the Federal Republic of Nigeria recognizes international human rights law as part of Nigerian law.

Security of land tenure: Legal guarantees that people will not be forced to leave their homes and land (unless it is absolutely necessary and allowed under the law). This applies to everyone— including owners, possessors, renters and occupiers. Without this guarantee, people would be living in fear of being pushed from their homes at any time.

Access to adequate housing can be a precondition for the enjoyment of several human rights, including the right to work, health, social security, vote, privacy or education. The possibility of earning a living can be seriously impaired when a person has been relocated following a forced eviction to a place removed from employment opportunities. Without proof of registration in such an area, homeless persons may not be able to vote, enjoy social services or receive health care services, depending on the society. Inadequate housing can have repercussions on the right to health; for instance, if houses and settlements have limited or no drinking water and sanitation, their residents may fall ill frequently.

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Similarly, forced evictions can have implications for the enjoyment of several human rights, including the right to education and the right to personal security. Forced evictions often result in children’s schooling being interrupted or completely stopped. The traumatic experience faced by children due to evictions can also impair a child’s capacity to attend classes. For example, after the July 14, 1990 forced eviction of Maroko in Lagos, many children dropped out of school as their parents could not afford their school fees, while others who had to relocate to different areas could not be re-admitted into school. During forced evictions, people are frequently

harassed or beaten and occasionally even subjected to inhumane treatment or killed. Women and girls are particularly vulnerable to violence, including sexual violence, before, during and after evictions.

Apart from this, the right to adequate housing can be affected by the extent to which other human rights are guaranteed. Access to housing is most at risk for those denied the right to education, work or social security. Improving housing conditions and protecting against forced evictions are often dependent on claims made by those affected. Where the right to freedom of expression, assembly or association are not respected,

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Evictions and your rights

Evictions As previously stated, forced evictions are defined as the “permanent or temporary removal against their will of individuals, families and/or communities from their homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection.” 1 Forced evictions are carried out for a variety of reasons and under different circumstances. To make way for development, for instance; provision of urban infrastructure; urban redevelopment or city beautification; prestigious international events; armed conflict; or conflict over land.

In each or most of these cases, forced evictions may be violent and disproportionately affect the poor, who often suffer further human rights violations as a result. In many instances, forced 1 General comment No. 7 states that “the prohibition does not apply to forced evictions carried out in accordance with the law and para. 4 of the ICHR.”

evictions compound or relocate the problem they were ostensibly aimed at solving, implying that forced evictions are not always the best way of solving the problem of slums in urban areas.

Regardless of their cause however, forced evictions may be considered a gross violation of human rights and a prima facie violation of the right to

Forced evictions may be “ violent and disproportionately effect the poor, who often suffer further human rights violations as result.

„

adequate housing. Large-scale evictions can, in general, be justified only in exceptional circumstances and only if they take place in accordance with the relevant principles of international law. 2

2 Fact Sheet 21/Rev.1 UN-HABITAT and the UN Office of the High Commissioner for Human Rights.

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YOUR RIGHTS UNDER INTERNATIONAL LAW Safeguards in cases where evictions are inevitable If evictions may be justifiable, the state must ensure that it is carried out in a lawful, reasonable and proportional manner, and in accordance with international law. Effective legal recourses and remedies should be available to those who are evicted, including adequate compensation for any real or personal property affected by the eviction. Evictions should not result in individuals becoming homeless or vulnerable to further human rights violations.

In general, international human rights

should be exercised in evaluating the need and opportunity for such plan. Is the project really indispensible? Who will benefit from it? What will be its impacts? Are there less harmful alternatives? All these questions must be answered with a profound respect for the human rights of all parties involved.

This requires the following: 1. An opportunity for genuine consultation: Clear criteria for an eviction impact assessment must be developed through a genuine consultative process, and must be carried out with the participation of the affected population. The affected population may include owners and nonowners, tenants, occupants and lessees. Women must be given equal opportunities to participate and to express their views and concerns.

2. Adequate and reasonable noProperties demoished in Garki, Abuja, 30 October 2010 (© COHRE). tice: The community law requires Governments to explore all must be notified, in writing, of the exact feasible alternatives before carrying out date of the eviction and such decisions any eviction, so as to avoid, or at least should be announced in the local lanminimize, the need to use force. When guage to all individuals concerned. The evictions are carried out as the last eviction notice should contain a detailed resort, those affected must be accorded justification for the decision, including effective procedural guarantees, which information on proposed alternatives. may have a deterrent effect on planned In the absence of reasonable, non-disevictions. placing alternatives, it must be demonstrated that the eviction is “unavoidBefore evictions able” and that all measures have been When a development project that may foreseen and will be taken to minimize require the eviction of individuals and any adverse effects of the evictions and communities is conceived, even before to protect the human rights of the afplanning for it begins, great caution fected.

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3. Information on alternatives/resettlement plan: The affected community should be well informed about planned alternatives to the eviction, including a resettlement plan. A resettlement site must be ready with infrastructure in place before the community is moved there.

4. Provision of legal, technical and other advice: The eviction authorities should ensure that efforts are made to create opportunities to facilitate the provision of legal, technical and other advice to affected persons about their rights and options.

The affected community has the right to defend its rights and views and challenge the evictions, including before the courts.

out eviction: Formal communication of eviction should be delivered in advance and in writing to all those who will be evicted. On the day of the eviction, identified government officials should present formal authorization to carry out the eviction as issued by a law court, the governor, or the minister, in the case of the Federal Capital Territory (FCT).

2. Presence of government officials: No eviction should take place without the presence of authorized and duly identified persons or government representatives, who should effectively watch for the safety of the population that is being evicted.

3. Timing of the eviction: The date and time of the evictions should be reasonable, adequate and previously agreed upon, and:

5. Baseline survey: The community must be given (a) evictions cannot take place at night, during bad weather (such as rain, intense cold and heat); (b) evictions must not affect the educational activities of children, adolescents and youth—they cannot take place during or before school examinations; (c) religious holidays and festivals must be respected—evictions cannot take place on such days; (d) crops and harvest cycles must be respected.

Home demolished in Dagiri, FCT, Abuja, March 2011 (© COHRE).

time to make a detailed survey (inventory) of affected assets and rights. Where there is disagreement between the affected community and the evicting authority, the final decision concerning the eviction must be taken and communicated to the affected community before the eviction is carried out.

4. Assistance to affected people to leave: Evicted persons shall receive assistance for leaving their homes and moving to the resettlement site. Special assistance should be given to groups with special needs.

During evictions The following procedures must be followed during evictions:

5. Presence of independent observers: During evictions, duly identified independent observers (from NGOs and CBOs) should be present to monitor the eviction and guide against the use of force, violence or intimidation, and ensure transparency and compliance with international human rights principles.

1. Formal communication of authorization to carry

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YOUR RIGHTS UNDER INTERNATIONAL LAW All persons, groups and communities have the right to resettlement, which includes the right to alternative land of better or equal quality and adequate housing. The return or resettlement plans must be developed in consultation with the affected people and must be widely publicized, including with details on the number and identification of all those affected.

• •

The affected people, groups and communities must agree to the resettlement.

The affected persons, groups and communities have a right to be consulted prior to their relocation and they must consent to the relocation plan before their resettlement in a new housing location.

Temporary housing: Measures must also be taken to ensure that temporary/emergency housing does not become permanent, as often happens in the case of people living for years in temporary shelters or containers.

Human rights based approach to resettlement: The resettlement plan must ensure that the human rights of women, children, indigenous peoples and other vulnerable groups are equally protected, including their right to property ownership and access to resources.

Availability of remedy: All evicted persons must be provided with just compensation; sufficient alternative accommodation; and safe access to: • essential food, potable water and sanitation; • provisional shelter and basic housing; • appropriate clothing;

•

essential medical services; livelihood sources and fodder for livestock; education and childcare facilities.

Availability of legal aid/remedy: Legal assistance in the form of access to legal counsel and legal aid should be provided to those in need to be able to seek judicial redress.

Violence and discrimination against some groups: During and after the evictions, it should be ensured that women: • •

• • •

are not subject to violence and discrimination; have access to female health-care providers where necessary, and services such as reproductive health care and appropriate counselling for victims of sexual and other abuses; are joint beneficiaries, together with men, in all compensation packages; single women and widows are entitled to their own compensation; have an equal and effective voice in all planning and decision-making processes, including the return or restitution processes, in order to

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Definition of terms: Adequate and reasonable notice (of an eviction): Information about a planned eviction, in particular the date and time of the eviction. The information should be given to the affected community in a language and way that they understand and enough time in advance so that they have a chance to plan what to do in reaction to the eviction.

Adequate/just compensation: An amount of money or other things, such as housing, land and property, given to someone whose possessions were damaged or lost. Compensation can also be given for things such as earnings from jobs and businesses that were lost, or crops and trees that were destroyed or lost because of an eviction.

Adequate compensation is enough to replace the housing, land and other things lost and to ensure affected people have access to adequate housing, including basic facilities and livelihood options.

Genuine consultation: The government has a duty to ensure that people’s ideas, opinions and concerns about the eviction and reason for the eviction are listened to and considered. People’s ideas about compensation, alternative adequate housing and land and livelihood opportunities should also be considered. Consultations usually happen through community or individual meetings and sometimes people can also write down their opinions and concerns.

Eviction: An eviction occurs when people are made to leave their homes and lands. Evictions can be legal or illegal. Evictions are legal only when they are absolutely necessary and international human rights law regarding people’s rights is followed.

Illegal forced evictions: An illegal forced eviction occurs when people are forced to leave their homes and lands against their will, without their rights being respected. An eviction is illegal when it is not absolutely necessary and/or the rules to make sure people’s rights are respected are not followed.

International human rights law: Law that recognizes the human rights of individuals around the world and that places legal duties on governments to respect those rights. The 1999 Constitution of the Federal Republic of Nigeria recognizes provisions of international human rights law.

Livelihood options: People must be able to earn a living and provide themselves and their family with everything they need to live, such as food, water, housing, healthcare and education. To do this, people must have access to jobs, farmland, markets to sell things, or other small businesses.

Public interest: Something that will help many members of society improve their standard of living, provide an important public service, or keep them safe. A public interest project should not cause serious harm to people or the environment.

Relocation or resettlement site: A new place to live for people who are evicted. Providing a relocation site is one way that the government can respect its duty under international human rights law to make sure that evicted people are able to find another adequate place to live. Relocation sites must meet all the elements of the right to adequate housing in order to be legal under international human rights law.

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II. Your rights under the Nigerian Constitution: Classification of land

Prior to the promulgation of the Land Use Act of 1978, land in Nigeria was owned by the people—families and communities. Though there were regional differences, commonly the community leaders and family heads held the land in trust for their subjects, who made use of the land on request—either for cultivation of crops, grazing or for residential development.

In Southern Nigeria for instance, customary law land was organized largely around the community or the family. An individual could rarely lay claim to any portion of land and therefore could not alienate it without the consent of the head. This is because the land was seen as belonging not only to the living but the dead, and those yet unborn.

In Northern Nigeria, the situation was markedly different, as land was held and administered for the use and common benefit of the people who held a right of occupancy over it and such rights were subject to the control and disposition of

the native authority.

The need to modify the traditional land tenure arrangement was felt following the discovery and exploitation of minerals, which led to the growth of new towns in Nigeria. The introduction of British rule at the turn of 20th century

Prior to the Land Use Act of “ 1978, land in Nigeria was owned by the people - families and communities.

„

saw the emergence of land legislation in the southern and the northern parts of the country. These included the Land Proclamation Act of 1900, the Land and Native Ordinance of 1916, the Land Acquisition Ordinance of 1917, the Public Land Acquisition Act of 1956, and the Land Tenure Law of 1962, amongst others. This eventually paved the way for the emergence of the Land Use Act of 1978.

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YOUR RIGHTS UNDER THE NIGERIAN CONSTITUTION The Land Use Act of 1978, which is the current legislation governing land use in Nigeria, is made up of eight parts of fifty-one sections. It addresses four important issues arising from the former land tenure systems in Nigeria: the problem of lack of uniformity in the laws governing land-use and ownership; the issue of uncontrolled speculation in urban land; the question of access to land rights by Nigerians on an equal legal basis; and the issue of fragmentation of rural lands arising from either the application of traditional principles of inheritance and/or population growth and the consequent pressure on land. It approaches these issues via three related strategies: the vesting of proprietary rights in land in the State; the granting of the right to enjoy the use of land without owning it to individuals; and the use of an administrative system rather than market forces in the allocation of rights inland. The adequacy or inadequacy of this legislation lies in its operational procedure.

The general principle of the Act states that: subject to the provisions of this Decree, all lands comprised in the territory of each State in the Federation are hereby vested in the Military Governor of the State and such land shall be held in trust and administered for the use and common benefit of all Nigerians. (See Nigeria Land Use Act 1978: Part 1: A. 49 in the Appendix).

However, for the purpose of this discussion, land in Nigeria is defined on the basis of the following concepts: • state/government land • private/individual land • communal/indigenous community land

State/government land in Nigeria State/government land, according to the Land Use Act includes “all land situated in the territory of each state in the country, vested in the Governor of the state, to hold in trust and administer for the use and common benefit of all Nigerians.” 1 For southern Nigeria in particular, this means state appropriation of land from families and communities without any compensation, except for economic crops and other betterment on the land.

Such land is available for use in the interest of the public, or for development that provides a service to the public, and the only possible owner is the State, implying that it cannot be bought or sold by people or companies. Before the introduction of the Land Use Act, however, state ownership of land in Nigeria was practiced in the parts of the west, following the 1861 Treaty of Cession, which ceded the colony of Lagos to the British Crown, subject to the customary rights of the local people—thus vesting land in the colony before 1963 in the Queen. When Nigeria became a Republic in 1963, land was vested in the Federal Government.

In Part I, titled “General,” apart from the vesting of all land in the State, the Land Use Act also distinguishes between two types of land—urban and other lands (presumably rural lands). Urban land is all land situated in the cities, including the state capital, while other land (rural lands) are those situated in the villages.

While urban lands were placed under the control and management of the 1

Section 1 of the Land Use Act, 1978.

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YOUR RIGHTS UNDER THE NIGERIAN CONSTITUTION Governor of the State with a “Land Use and Allocation Committee” as an advisory body, “other lands” were placed under the control and management of the Local Government in which the land is situated, with the “Land Allocation Advisory Committee” [Land Use Act 1978: Sections 2(1 )a and b]. Two radical changes flow from Part 1 of the Act. The legal status of the Nigerian land user becomes that of statutory occupancy, not one of ownership, and the economic interests and benefits of statutory rights of occupancy are severely limited by law, since proprietary interests in land are lost and claims are restricted to improvements made on the land.

Private land in Nigeria Private or individual land includes all land that has already been developed and that has remained in the possession of the person in whom it was vested before the Land Use Act became effective. It also includes land that is owned or possessed (bought) by a private individual or company. Even where such land is bought by private individuals, the Governor’s consent is needed for the assignment of title to use, occupy, and improve the property with a statutory certificate. This is because the legal status of the land user is that of statutory occupancy, not one of ownership (under the Act), and the economic interests and benefits of “statutory rights of occupancy” are severely limited by law, since proprietary interests in land are lost and claims are restricted to improvements made on the land [see 35(1) of the Land Use Act 1978].

Sometimes, private land as described above can be compulsorily acquired by the State for over-riding public interest, subject to the payment of appropriate

compensation. Such public interest purposes must be stated clearly and may include development of hospitals, a stadium, public schools, etc. For example, under Section 44 (1a and 1b) of the 1999 Constitution of the Federal Republic of Nigeria, no moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by a law that, among other things: (a) requires the prompt payment of compensation therefore, and (b) gives to any person claiming such compensation a right of access for the determination of his interest in the property and the amount of compensation to a court of law or tribunal or body having jurisdiction in that part of Nigeria.

To complement this provision, legislation such as the Land Use Act, Public Lands Acquisition (Miscellaneous Provisions) Act, and the Public Land Acquisition Law, were enacted by the National Assembly and the State House of Assembly, respectively. But Section 4 (2) of the Public Lands Acquisition (Miscellaneous Provisions) Act states that: where acquired land is undeveloped, compensation payable is limited to the actual cost of the land or the existing use value of the land, whichever is greater, and the assessment of the compensation payable must be based on the value of the landed property at the time when notice of acquisition was served.

Communal land in Nigeria Communal land in Nigeria is land that belongs to the indigenous community.

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YOUR RIGHTS UNDER THE NIGERIAN CONSTITUTION is held in trust for the people by community leaders. Rights to such land are usually recognized under customary law, with the community holding a customary right of occupancy for the land.

It is illegal to alienate a customary right of occupancy (see Part IV, Section 21 of the Appendix). This means that indigenous communities can continue to: • • • •

live on and use the land; stop other people from outside the community coming onto the land; build homes on the land and make improvements to the land; and use forests for burial grounds and religious purposes, according to traditional customs.

The Land Use Act No.6 of 1978 The Nigerian Land Use Act evolved from a decree promulgated on 29 March 1978. The Act is currently the major legislation governing the use of land in Nigeria and is aimed at ensuring an even distribution of land resources to all Nigerians. The Act has many social, economic and political objectives.

The objectives, provisions and other aspects of the Act are treated only in so far as they relate to the facilitation of housing provision in the country.

Basically, there are four main objectives derivable from the Act. These are: 1. to effect structural change in the system of land tenure; 2. to achieve fast economic and social transformation; 3. to negate economic inequality caused by the appropriation of rising land values by land speculators;

and 4. to make land available easily and cheaply, to both the government and private individual developers. 2 Hence, the means to achieve these objectives are many and varied. The decree provides for all rights to lands in each state to be vested in the respective states—with a military (or civilian) governor, to hold them in trust and administer them for the common benefit of all Nigerians. The governor is assisted in the administration and control of urban land by the Land-Use and Allocation Committee and, at the local level, in the administration and control of non-urban land, by the Land Allocation and Advisory Committee.

Where an individual has been granted a certificate of occupancy (legal title), the holder of the land cannot alienate that right or any part thereof by assignment, mortgage, transfer or possession, sub-lease or otherwise without the consent of the military / civilian governor. Significantly, the provision of Section 43, Sub-Section 1, which states that “no person shall, in an urban area erect any building, wall or other structure upon or enclose, obstruct, cultivate or do any act on or in relation to any land which is not the subject of occupancy or license lawfully held by him and in respect of which he has not received the permission of the military governor to enter and erect improvement prior to the grant to him of a right of occupancy.” The decree stipulates severe penalties for contravening this particular provision of the decree.

2 Implications of Land-Use Act Operation in Lagos State, SERAC.

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Essentially, in view of the provisions of the Act, the following inferences could be drawn: 1. The decree removed corporate groups, chiefs and families from the trusteeship of land and replaced them with the state governor. By this act, Nigeria now operates a contractual system of tenure validated by a certificate of occupancy, which sets out terms of tenure including access, succession, duration and rents.

2. Through the breaking of local sovereignty in land, access to land, under a system of uniform rules, may be facilitated anywhere in Nigeria.

3. Proprietary rights under the traditional tenure are now replaced by possible claims to improvements on the land.

For the effective management of land in Nigeria, the Land Use Act provides that the land tenure law of Northern Nigeria or the State law of Southern Nigeria shall have effect with modifications as will bring these laws in conformity with the Act. Furthermore, in Part II of the Act, which introduces the new land tenure law, distinctions are made between statutory and customary rights of occupancy leading to the changing of the traditional system or rules of inheritance to land.

The new tenure system introduced by the Act is not only contractual but also a dependent type of tenure. While the governor is empowered to grant statutory rights of occupancy within his State, the local governments may grant customary rights of occupancy essentially for agricultural purposes.

The grant, however, may not exceed 500 hectares if used for agricultural purposes or 5,000 hectares if used for grazing. Part III of the Act deals with rents, its provisions being dictated by two important policy issues: the political necessity to remove land from market speculation and the economic imperative of ensuring that available land is not held for speculative purposes, but used productively.

6.5 Land acquisition and compensation under the Land Use Act of 1978 Nobody seriously doubts or would challenge the government’s need for land in certain cases for projects to assist the overall development of the nation. In past years, as noted above, the government was compelled to compulsorily acquire the land of communities and families for agricultural and industrial development. The Land Acquisition Act of 1917 was the first law empowering the government to compulsorily acquire land in Nigeria.

Since then, there have been several public lands acquisition laws apart from the 1976 Public Lands Regulation Decree. Unfortunately, a survey of how the government has gone about exercising their statutory power reveals that it is for reasons other than for public purposes.

Under the Act, a person’s right of occupancy may be revoked by the government for overriding public interest, which the Act declares as (i) alienation contrary to provisions of that Act or its regulations, (ii) Federal, State or Local Government’s request of land for public purpose, (iii) requirement of land for mining purposes or oil pipelines (see Appendix for details).

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Definition of terms: Public Interest: Public interest is anything that is done for the benefit of the people and that improves their living standard or keeps them safe.

Public interest under Nigerian law (Section. 51 of the Land Use Act) includes: • •

• •

•

•

•

exclusive government use or general public use; use by a body corporate directly established by law or under the Companies and Allied Matters Act, in which the government owns shares, stock, or debenture; in connection with sanitary improvements of any kind; for controlling land contiguous to land that would be enhanced by the construction of railway tracks, or other public works or conveniences about to be undertaken by the government; for controlling land required for the development of telecommunications, electricity or mining purposes; for controlling land required for planned urban or rural development of settlement;for controlling land for economic industrial or agricultural development; for education and other social services.

Compensation: Compensation is money or something of value paid to make up for damage or loss caused. In the case of an eviction, compensation can be money, replacement land, new housing or any combination of the three. For example, if the government compulsorily acquires privatelyowned land for public purposes, the person who holds interest in the land is entitled to compensation for the loss of the land and improvements thereof.

Fair and just compensation: The term fair compensation is not clear in Nigerian law. The Land Use Act states that there would be compensation for the value of “unexhausted improvements.”

Although Section 29 (4)(b) of the Act prescribes the replacement cost of acquired buildings or improvements—less depreciation, together with interest at bank rate for delayed payment—in practice, this is hardly complied with.

Certificate of occupancy (C of O): A legal title document that is issued in favour of the person holding a right of occupancy. It does not, however, confer a title, or create a right, but is merely evidence of title and presumes that one exists.

The possession or otherwise of the document, however, has serious implications for commercial transactions in Nigeria.

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Asserting and defending your housing rights

Defending your housing rights through registration and regularization The invasion and illegal development of government-acquired lands in several parts of Nigeria, and the occupation of lands in urban areas based on customary title, necessitated a land policy administration in all states of the federation, which approved that all such developments that were not blocking roads, drainage and not within committed areas should be regularized. Under the arrangement, building plan approval would be granted to occupants subject to the payment of a penal fee among other Statutory Processing Fees. This is described as the process of “ratification and regularization” of land holdings within non-committed government acquisition.

In essence, land registration and regularization (previously referred to as ratification) is a policy of various state governments and is the process whereby squatters on uncommitted government

land are given an opportunity to obtain legal title to the land they are occupying from the state government. It is the process of allocating government land to someone who had previously occupied landed property without lawful authority from the state.

In Lagos State, for instance, the regularization of landholding involves registration under three types of deeds, or titles. These are: • • •

registration under the Registration of Titles Act; registration of deeds under the Land Instrument Registration Law; registration of Certificate of Occupancy under the Land Use Act and Land Land Instrument Registration Law.

Regularization is subject to two basic conditions: 1. that the property is situated in a

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YOUR RIGHTS UNDER THE NIGERIAN CONSTITUTION government scheme, estate or committed area; 2. that the property is situated within an area that conforms with urban and regional planning regulations and state standards.

Initially, the regularization exercise was based on the conformity of properties with prepared schemes/layout plans for some of the ratification areas. Thereafter, property regularization was extended to areas without development schemes/layout plans, hence the emergence of unplanned developments.

(h) Sketch map of site location (i) Original survey Ppan (j) Where building plan approval is required, the additional requirements are as follows: • • • • • • • •

Requirements for registration and regularization of land in Lagos Following are the requirements for registration and regularization of land in Lagos: (a) A covering letter by the agent or person completing the application for regularization must accompany the application. This covering letter must contain the following contact details: address, telephone numbers, mobile phone numbers and where possible an e-mail address (b) A completed Land Regularization Form 1 application, obtainable from the Lands Bureau. Alternatively, the form is available by downloading from the Ministry of Lands website at www. lagoslands.net. The form must be dated and signed by the applicant and sworn to before a magistrate or notary public (c) Four passport sized photographs of the applicant (d) Land Information Certificate (e) A stamped photocopy of the Purchase Receipt (f) Current Special Development Levy (g) Tax Clearance Certificate or Electronic Tax Clearance Certificate

• •

Five sets of architectural drawings Five sets of structural drawings Clearance letter in lieu of Title Documents Sunprint copy of survey Plan Coren letter of supervision Calculation sheet Sworn affidavit in lieu of tenement rate EIA report if land title to be granted is commercial (two copies) Payment of processing fee for building plan approval Photograph of property1

Factors to be considered before granting approval for regularization It must be noted that only applications that meet specific criteria will be approved for regularization. Thus, applications that are not in line with certain basic requirements will not be approved for regularization. Some of the basic requirements include (but are not limited to) the following: • •

•

The appropriate distance from the road (set-back) must be observed.

The appropriate distances from drainage systems, canals, NNPC pipelines, gas pipelines, PHCL transformers, high tension wires, electricity and telephone poles, water pipelines, etc, as laid down by physical planning and town planning laws, must be observed.

The beacons on the survey plan must conform with what is on the

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• • • •

subject site.

The subject site must not fall on a road alignment.

The subject site must not fall within a forest reserve.

The subject site must not fall within a committed government area.

The subject site must fall within the permitted regularization areas.

illegal eviction has already happened.

There are several ways that communities can access legal remedies to try to protect their land and housing rights.

These include submitting complaints to the National Human Rights Commission, Office of the Public Defender, housing rights NGOs or to the courts.

Defending your housing rights through legal remedies

Making a complaint to the National Human Rights Commission, NGO or Court Apart from making complaints to the What are legal remedies?

Cadastral department of the Federal When your land and housing rights have and State ministries of Lands and Housbeen violated, you have the right under ing, the law also provides that all forms the 1999 Constitution of the Federal Re- of human rights violations be reported public of Nigeria and international law to the National Human Rights Commission either in person or in writing to the Head office or any of the zonal offices of the Commission.

The Commission through its recently established Public Interest Litigation Unit takes up cases of human rights violations in the court on behalf of Property of displaced people in Abuja, March 2011 (© COHRE). affected individuals. to seek a legal remedy or redress. A legal remedy or redress is a legal solution The NHRC also refers complaints to othto violations of legal rights or a legal er relevant stakeholders, such as Legal way of seeking compensation for harm Aid Council and other private lawyers that is done when a law is violated. A for representation in the court. At the legal remedy in the case of an eviction federal and state ministries of land and might be a court order to stop the evichousing, the relevant department also tion from happening or a ruling awardinvestigates cases of violations, solves ing compensation for damages and or land disputes, registers and regularizes losses incurred after an eviction. It could unregistered land and issues certificates also be an order to return land to evictof occupancy (C of O). ed people or to pay compensation if an

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Complaints of violations may be reported directly to a lawyer, who may represent the individual or the whole community. He or she can help you understand your legal rights. The lawyer will also be able to give you advice on taking the case to court, meeting with authorities, any negotiations taking place, and what other options you have.

talking to the press or holding a peaceful demonstration. It is usually best to first share your concerns privately with the people you want to influence, and if this is not successful, you may then want to change your advocacy methods. All situations are different though, and it is good to plan an advocacy strategy that is appropriate for your situation.

Unfortunately, a lawyer’s fees are expensive, and it may be difficult to find a lawyer who is willing to represent you in a land dispute. In that case, it may help to contact a legal or housing rights NGO. Such an NGO may be able to provide legal advisory services or help you to find a lawyer at no cost. In Nigeria, such NGOs, include the Social and Economic Rights Action Center (SERAC), SocioEconomic Rights and Accountability Project (SERAP), Social and Economic Rights Initiative (SERI), Baobab for Women Human Rights, Women’s Aid Collective among others.

An advocacy strategy is a plan that sets out:

Defending your housing rights through advocacy Advocacy means delivering a message through words or actions to try to influence the decisions that affect people’s lives. For example, some human rights organizations advocate for the government to protect people’s human rights by publishing reports about human rights violations. People can also use advocacy to help protect their land rights and challenge forced displacement.

There are many different types of advocacy methods. Advocacy can be quiet and private, for example, by meeting with officials to raise your concerns, or it can be vocal and public, for example, by

• • • •

the goal you or your community wants to achieve; the people you are trying to influence; the types of advocacy methods you will use; and how you will use those methods.

An advocacy strategy also includes the roles and responsibilities of different people for carrying out the advocacy.

It might also include a list of whom you will contact to join or support your advocacy, such as other communities and NGOs. Non-violent collective action Communities affected by forced evictions can employ several non-violent community organizing strategies to assert and defend their right to adequate housing. Some of these strategies include the following: 1. Organizing a demonstration: Affected communities have the right to organize non-violent demonstrations within the framework of the law to protest against or demand government or corporate action in their favour. Such demonstrations should

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YOUR RIGHTS UNDER THE NIGERIAN CONSTITUTION be peaceful and are often held at a good time and place, with the protesters carrying posters with pictures and write-ups conveying specific messages.

2. Writing petitions: Similarly, communities can write petitions and letters about their situation to government officials, individuals or company directors to draw their attention to developments in their communities and ask them to take steps to protect their housing rights. Where necessary, such letters and petitions can equally be shared with the media to raise awareness about their situation.

3. Intercommunity solidarity visits: Marginalized communities can encourage each other, especially during forced evictions, through inter-community exchange and solidarity visits. When they work together, each community strengthens the others and the whole group is stronger.

4. Organizing a media briefing: Communities facing eviction threats can use different types of media strategies to tell their story to the public and send messages to the people alerting them about eviction threats in their community.

Government officials and companies do not want the local or international public to think that they are violating human rights and the law. Using the media also helps to raise public awareness about the situation in such communities. This will attract public attention and sympathy, which could help drum up support from different groups, thereby increasing the pressure on government to do the right thing in the community.

Definition of terms: Advocacy: Delivering a message through words or actions to try to influence the decisions that affect people’s lives.

Advocacy methods: Different things that you and your community can do to influence the way things happen and achieve your objective. Examples include meeting with officials, organizing peaceful demonstrations and speaking to the media.

Advocacy strategy: A plan agreed upon by the group that sets out the outcomes they are trying to achieve, who they are trying to influence, the types of advocacy methods they will use and how they will use them. It should also include the roles and responsibilities for carrying out the advocacy, and whom they will contact to join or support their advocacy, such as other communities and NGOs. Forced displacement: When people or communities are made to leave their homes and lands. Forced displacement often happens because of non-inclusive development.

Legal remedy: A legal remedy is a legal solution that prevents a violation of the law from happening or compensates for harm that is done when a law is violated.

Petition: A written protest or request signed or thumbprinted by many people, asking that the government or a private person or company does something or stops doing something.

Title: An official record that states that a person legally owns a piece of land.

5. Holding meetings with relevant government officials: Community representatives can arrange meetings with relevant government officials or company directors to ask questions relating to their land and make necessary demands in defence of their rights.

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6. Research and publications: Research into housing rights practices and best practices in other countries and regions can be published and used for housing rights education in communities.

8. Establishment of housing movements and networks: Communities can form themselves into groups for solidarity and collective action prior to and after evictions.

7. Advocacy using regional mechanisms: Regional mechanisms like the ECOWAS Court and the African Commission on Human and People’s Rights are institutions where petitions/complaints can be heard.

Cover photo / Forced evictions in Ijora Badia, Lagos, June 2010 © SERAC. P4 / The impact of forced evictions on residents of Makoko, Lagos, 2010 © SERAC. P11 / Forced evictions in Ijora Badia, Lagos, June 2010 © SERAC. P14 / Nigerian women waiting to vote in 2011 Presidential elections; Jaji, Kaduna State © Eliane Drakopoulos. P21 / Man preparing food outside in Zaria, Kaduna State, April 2011 © Eliane Drakopoulos. P27 / Livelihoods destroyed in Garki, Abuaj, October 2010 © COHRE. P32 / Forced evictions to make way for development in Abuja, 2007 © COHRE. P38 / Demolished structures in Dagiri, FCT, Abuja, March 2011 © COHRE.

COHRE 83, rue de Montbrillant 1202 Geneva Switzerland cohre@cohre.org www.cohre.org

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LAND USE ACT 1978

APPENDIX

LAND USE ACT, 1978 ACT NO. 6

29TH MARCH 1978

Commencement

Whereas it is in the public interest that the rights of all Nigerians to the land of Nigeria be asserted and preserved by law: And whereas it is also in the public interest that the rights of all Nigerians to use and enjoy land in Nigeria and the natural fruits thereof in sufficient quantity to enable them to provide for the sustenance of themselves and their families should be assured, protected and preserved: NOW THEREFORE, THE FEDERAL MILITARY GOVERNMENT hereby decrees as follows:

Part I – General Vesting of all land in the State.

1. Subject to the provisions of this Decree, all land comprised in the territory of each State in the Federation are hereby vested in the Military Governor of that State and such land shall be held in trust and administered for the use and common benefit f all Nigerians in accordance with the provisions of this Decree.

Control and management advisory bodies.

2. (1) As from the commencement of this Decree – (a) all land in of land; urban areas shall be under the control and management of the Military Governor of each State; and b) all other land shall, subject to this Decree, be under the control and management of the Local Government within the area of jurisdiction of which the land is situated.

(2) There shall be established in each State a body to be known as ‘the Land Use and Allocation Committee’ which shall have responsibility for – (a) advising the Military Governor on any matter connected with the management of land to which paragraph (a) of subsection (1) above relates: (b) advising the Military Governor on any matter connected with the resettlement of persons affected by the revocation of rights of occupancy on the ground of overriding public interest under this Decree; and (c) determining disputes as to the amount of compensation payable under this Decree for improvements on land.

(3) The Land Use and Allocation Committee shall consist of such number of persons as the Military Governor may determine and shall include in its membership – (a) not less than two persons possessing qualifications approved for appointment to the public service as estate surveyors or land officers and who have had such qualification for not less than five years; and (b) a legal practitioner.

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(4) The Committee shall be presided over by such one of its members as may be designated by the Military Governor and, subject to such directions as may be given in that regard by the Military Governor, shall have power to regulate its proceedings.

(5) There shall also be established for each Local Government a body to be known as ‘the Land Allocation Advisory Committee’ which shall consist of such persons as may be determined by the Military Governor acting after consultation with the Local Government and shall have responsibility for advising the Local Government on any matter connected with the management of land to which paragraph (b) of subsection (1) above relates.

Designation of urban Areas

3. Subject to such general conditions as may be specified in that behalf by the National Council of States, the Military Governor may for the purposes of this Decree by order published in the State Gazette designate the parts of the area of the territory of the State consisting land in an urban area.

Applicable law for the interim Management of land.

4. Until other provisions are made in that behalf and, subject to the provisions of this Decree, land under the control and management of the Military Governor under this Decree shall be administered –

(a) in the case of any State where the Land Tenure Law of the former Northern Nigeria applies, in accordance with the provisions of that Law; and (b) in every other case, in accordance with the provisions of the State Land Law applicable in respect of State land in the State.

And the provisions of the Land Tenure Law or the State Land Law, as the case may be, shall effect with such modifications as would bring those Laws into conformity with the Decree or its general intendment.

Powers of the Military Governor in relation to land.

5. (1) It shall be lawful for the Military Governor in respect of land, whether or not in an urban area – (a) to grant statutory rights of occupancy to any person for all purposes; (b) to grant easements appurtenant to statutory rights of occupancy; (c) to demand rental for any such land granted to any person; (d) to revise the said rental – i. at such intervals as may be specified in the certificate of occupancy; or ii. where no intervals are specified in the certificate of occupancy at any time during the term of the statutory right of occupancy; (e) to impose a penal rent for a breach of any covenant in a certificate of occupancy requiring the holder to develop or effect improvements on the land the subject of the certificate of occupancy and to revise such penal rent as provided in section 19; (f) to impose a penal rent for a breach of any condition, express or implied, which precludes the holder of a statutory rights of occupancy from alienating the right of occupancy or any part thereof by sale, mortgage, transfer or possession, sub-lease or bequest or otherwise howsoever without the prior consent of the Military Governor.

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(g) to waive, wholly of partially, except as otherwise prescribed, all or any of the covenants or conditions to which a statutory right of occupancy is subject where, owing to special circumstances, compliance therewith would be impossible or great hardship would be imposed upon the holder; (h) to extend as otherwise prescribed, the time to the holder of a statutory right of occupancy for performing any of the conditions of the right of occupancy upon such terms and conditions as he may think fit.

(2) Upon the grant of a statutory right of occupancy under the provisions of subsection (1) of this section, all existing rights to the use and occupation of the land which is the subject of the statutory right of occupancy shall be extinguished.

Powers of Local Government in relation to land not in urban areas.

6. (1) It shall be lawful for a Local Government in respect of land not in an urban area – (a) to grant customary rights of occupancy to any person or organization for the use of land in the Local Government area for agricultural, residential and other purposes; (b) to grant customary rights of occupancy to any person or organization for the use of land for grazing purposes and such other purposes ancillary to agricultural purposes as may be customary in the Local Government area concerned.

(2) No single customary right of occupancy shall be granted in respect of an area of land in excess of 500 hectares if granted for agricultural purposes, or 5,000 hectares if granted for grazing purposes, except with the consent of the Military Governor.

(3) It shall be lawful for a Local Government to enter upon, use and occupy for public purpose any land within the area of its jurisdiction which is not – (a) land within an area declared to be an urban area pursuant to section 3 of this Decree; (b) the subject of a statutory right of occupancy; (c) within any area compulsorily acquired by the Government of the Federation or of the State concerned; (4) The Local Government shall have exclusive rights to the lands so occupied against all persons except the Military Governor.

(5) The holder and the occupier according to their respective interests of any customary right of occupancy revoked under subsection (2) shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements.

(6) Where land in respect of which a customary right of occupancy is revoked under this Decree was used for agricultural purposes by the holder, the Local Government shall allocate to such holder alternative land for use for the same purpose.

(7) If a Local Government refuses or neglects within a reasonable time to pay compensation to a holder and an occupier according to their respective interest under the provisions of subsection (5), the Military Governor may proceed to the assessment of compensation under section 29 and direct the Local Government to pay the amount of such compensation to the holder and occupier according to their respective interests.

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Restriction on rights of Persons under age of 21.

7. It shall not be lawful for the Military Governor to grant a statutory right of occupancy or consent to the assignment or subletting of a statutory right of occupancy to a person under the age of twenty-one years: Provided that – (a) where a guardian or trustee for a person under the age of 21 has been duly appointed for such purpose the Military Governor may grant or consent to the assignment or subletting of a statutory right of occupancy to such guardian or trustee on behalf of such person under age; (b) a person under the age of twenty-one years upon whom a statutory right of occupancy devolves on the death of the holder shall have the same liabilities and obligations under and in respect of his right of occupancy as if he were of full age notwithstanding the fact that no guardian or trustee has been appointed for him.

Special contracts.

8. Statutory right of occupancy granted under the provisions of section 5(1)(a) shall be for a definite term and may be granted subject to the terms of any contract which may be made by the Military Governor and the holder not being inconsistent with the provisions of this Decree.

Certificates of occupancy

9. (1) It shall be lawful for the Military Governor – (a) when granting a statutory right of occupancy to any person; or (b) when any person is in occupation of land under a customary right of occupancy and applies in the prescribed manner; or (c) when any person is entitled to a statutory right of occupancy, to issue a certificate under his hand in evidence of such right of occupancy.

(2) Such certificate shall be termed a certificate of occupancy and there shall be paid therefore by the person in whose name it is issued, such fee (if any) as may be prescribed.

(3) If the person in whose name a certificate of occupancy is issued, without lawful excuse, refuses or neglects to accept and pay for the certificate, the Military Governor may cancel the certificate and recover from such person any expenses incidental thereto, and in the case of a certificate evidencing a statutory right of occupancy to be granted under paragraph (a) of subsection (1) the Military Governor may revoke the statutory right of occupancy.

(4) The terms and conditions of a certificate of occupancy granted under this Decree and which has been accepted by the holder shall be enforceable against the holder and his successors in title, notwithstanding that the acceptance of such terms and conditions is not evidenced by the signature only or, in the case of a corporation, is evidenced by the signature only of some person purporting to accept on behalf of the corporation.

Conditions and provisions Implied in certificates of occupancy.

Every certificate of occupancy shall be deemed to contain provisions to the following effect – (a) that the holder binds himself to pay to the Military Governor the amount found to be payable in respect of any unexhausted improvements existing on the land at the date of his entering into occupation; (c) that the holder binds himself to pay to the Military Governor the rent fixed by the Military Governor and any rent which may be agreed or fixed on revision in accordance with the provisions of section 16.

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Power of Military Governor or Public Officer to enter and inspect land and improvements.

11. The Military Governor or any public officer duly authorized by the Military Governor in that behalf shall have the power to enter upon and inspect the land comprised in any statutory right of occupancy or any improvements effected thereon at any reasonable hours in the day time and the occupier shall permit and give free access to the Military Governor or any such officers so to enter and inspect.

Powers of Military Governor to grant licences to take building materials.

12. (1) It shall be lawful for the Military Governor to grant a licence to any person to enter upon any land which is not the subject of a statutory right of occupancy or of a mining lease, mining right or exclusive prospecting licence granted under the Minerals Act or any other enactment, and remove or extract there from any stone, gravel, clay, sand or other similar substance (not being a mineral within the meaning assigned to that term in the Minerals Act) that may be required for building or for the manufacture of building materials.

(2) Any such licence may be granted for such period and subject to such conditions as the Military Governor may think proper or as may be prescribed.

(3) No such licence shall be granted in respect of an area exceeding 400 hectares.

(4) It shall not be lawful for any licensee to transfer his licence in any manner whatsoever without the consent of the Military Governor first had and obtained and nay such transfer effected without the consent of the Military Governor shall be null and void.

(5) The Military Governor may cancel any such licence if the licensee fails to comply with any of the conditions of the licence.

Duty of occupier of statutory right of occupancy to maintain beacons.

13. (1) The occupier of a statutory right of occupancy shall at all times maintain in good and substantial repair to the satisfaction of the Military Governor, or of such public officer as the Military Governor may appoint in that behalf, all beacons or other land marks by which the boundaries of the land comprised in the statutory right of occupancy are defined and in default of his so doing the Military Governor or such public officer as aforesaid may by notice in writing require the occupier to define the boundaries in the manner and within the time specified in such notice.

(2) If the occupier of a statutory right of occupancy fails to comply with a notice served under subsection (1) of this section, he shall be liable to pay the expenses (if any) incurred by the Military Governor in defining the boundaries which the occupier has neglected to define.

Exchange rights of Occupancy.

14. Subject to the other provisions of this Decree and of any laws relating to way leaves, to prospecting for minerals or mineral oils or to mining or to oil pipelines and subject to the terms and conditions of any contract made under section 8, the occupier shall have exclusive rights to the land the subject of the statutory right of occupancy against all persons other than the Military Governor.

The right to improvements.

15. During the term of a statutory right of occupancy the holder – (a) shall have the sole right to and absolute possession of all the improvements on the land; (b) may, subject to the prior consent of the Military Governor, transfer, assign or mortgage any improvements on the land which have been effected pursuant to the terms and conditions of the certificate of occupancy relating to the land.

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PART III – RENTS Principles to be observed in fixing and revising rents.

16. In determining the amount of the original rent to be fixed for any particular land and the amount of the revised rent to be fixed on any subsequent revision of rent, the Military Governor – (a) shall take into consideration the rent previously fixed in respect of any other like land in the immediate neighbourhood, and shall have regard to all the circumstances of the case; (b) shall not take into consideration any value due to capital expended upon the land by the same or any previous occupier during his term or terms of occupancy, or any increase in the value of the land the rental of which is under consideration, due to the employment of such capital.

Power of Military Governor to grant rights of occupancy free for rent or at reduced rent.

17. (1) The Military Governor may grant a statutory right of occupancy free of rent or at a reduced rent in any case in which he is satisfied that it would be in the public interest to do so.

(2) Where a statutory right of occupancy has been granted free of rent the Military Governor may, subject to the express provisions of the certificate of occupancy, nevertheless impose a rent in respect of the land the subject of the right of occupancy if and when he may think fit.

Acceptance of rent not to operate as a waiver of forfeiture.

18. Subject to the provisions of sections 20 and 21, the acceptance by or on behalf of the Military Governor of any rent shall not operate as a waiver by the Military Governor of any forfeiture accruing by reasons of the breach of any covenant or condition, express or implied, in any certificate of occupancy granted under this Decree.

Penal rent.

19. (1) When in any certificate of occupancy the holder has covenanted to develop or effect improvements on the land the subject of the certificate of occupancy and has committed a breach of such covenant, the Military Governor may – (a) at the time of such breach or at any time thereafter, so long as the breach remains unremedied, fix a penal rent which shall be payable for twelve months from the date of such breach; and (b) on the expiration of twelve months from the date of such breach and on the expiration of every subsequent twelve months so long as the breach continues revise the penal rent to be paid.

(2) Such penal rent or any revision thereof shall be in addition to the rent reserved by the certificate of occupancy and shall be recoverable as rent: Provided that the first penal rent fixed shall not exceed the rent so reserved and any revised penal rent shall not double the penal rent payable in respect of the twelve months preceding the date of revision.

(3) If the Military Governor fixes or revises a penal rent he shall cause a notice in writing to be sent to the holder informing him of the amount thereof and the rent so fixed or revised shall commence to be payable one calendar month from the date of the receipt of such notice.

(4) If the breach for which a penal rent has been imposed is remedied before the expiration of the period for which such rent has been paid, the Military Governor may in his discretion refund such portion of the penal rent paid for such period as he may thing fit,

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LAND USE ACT 1978 (5) The fact that a penal rent or a revised penal rent has been imposed shall not preclude the Military Governor, in lieu of fixing a subsequent penal rent, from revoking the statutory right of occupancy: Provided that the statutory right of occupancy shall not be revoked during the period for which a penal rent has been paid.

Additional penal rent for unlawful alienation.

20.(1) If there has been any breach of any of the provisions of section 22 or 23 the Military Governor may in lieu of revoking the statutory right of occupancy concerned demand that the holder shall pay an additional and penal rent for and in respect of each day during which the land the subject of the statutory right of occupancy or any portion thereof or any buildings or other works erected thereon shall be or remain in the possession, control or occupation of any person whomsoever other than the holder.

(2) Such additional and penal rent shall be payable upon demand and shall be recoverable as rent.

(3) The acceptance by or on behalf of the Military Governor of any such additional and penal rent shall not operate as a waiver by the Military Governor of any breach of section 22 or 23 which may continue after the date up to and in respect of which such additional and penal rent has been paid or is due and owing and the Military Governor shall accordingly be entitled to exercise in respect of any such continuing breach all or any of the powers conferred upon him by this Decree.

PART IV – ALIENATION AND SURRENDER OF RIGHTS OF OCCUPANCY Prohibition of alienation of customary right of occupancy except with requisite consent or approval.

21 It shall not be lawful for any customary right of occupancy or any part thereof to be alienated by assignment, mortgage, transfer of possession, sublease or otherwise howsoever – (a) without the consent of the Military Governor in cases where the property is to be sold by or under the order of any court under the provisions of the applicable Sheriffs and Civil Process Law; or (b) in other cases without the approval of the approval of appropriate Local Government.

Prohibition of alienation of statutory right of occupancy without consent of Military Governor.

22. It shall not be lawful for the holder of a statutory right of occupancy granted by the Military Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Military Governor first had and obtained: Provided that the consent of the Military Governor – (a) shall not be required to the creation of a legal mortgage over a statutory right of occupancy in favour of a person in whose favour an equitable mortgage over the right of occupancy has already been created with the consent of the Military Governor; (b) shall not be required to reconveyance or release by a motgagee to a holder or occupier of a statutory right of occupancy which that holder or occupier has mortgaged to that mortgagee with the consent of the Military Governor; (c) to the renewal of a sub-lease shall not be presumed by reason only of his having consented to the grant of a sub-lease containing an option to renew the same.

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LAND USE ACT 1978 (2) The Military Governor when giving his consent to an assignment, mortgage or sub-lease may require the holder of a statutory right of occupancy to submit an instrument executed in evidence of the assignment, mortgage or sub-lease and the holder shall when so required deliver the said instrument to the Military Governor in order that the consent given by the Military Governor under subsection (1) may be signified by endorsement thereon.

Sub-under-leases.

23. (1) A sub-lease of a statutory right of occupancy may, with the prior consent of the Military Governor and with the approval of the holder of the statutory right of occupancy, demise by way of sub-under-lease to another person the land comprised in the sub-lease held by him or any portion of the land.

(2) The provision of subsection (2) of section 22 shall apply mutates mutandis to any transaction effected under subsection (1) of this section as if it were a sublease granted under section 22.

Devolution of rights of occupancy on death.

24. The devolution of the rights of an occupier upon death shall – (a) in the case of a customary right of occupancy, unless non customary law or any other customary law applies be regulated by the customary law existing in the locality in which the land is situated; and (b) in the case of a statutory right of occupancy (unless any non-customary law or other customary law applies) be regulated by the customary law of the deceased occupier at the time of his death relating to the distribution of property of like nature to a right of occupancy: Provided that – (a) no customary law prohibiting, restricting or regulating the devolution on death to any particular class of persons or the rights to occupy any land shall operate to deprive any person of any beneficial interest in such land (other than the right to occupy the same) or in the proceeds of sale thereof to which he may be entitled under the rules of inheritance of any other customary law; (b) a statutory right of occupancy shall not be divided into two or more parts on devolution by the death of the occupier, except with the consent of the Military Governor.

Effect of deed or will where Non-customary law applies.

25 In the case of the devolution or transfer of rights to which any non-customary law applies, no deed or Will shall operate to create any proprietary right over land except that of a plain transfer of the whole of the rights of occupation over the whole of the land.

Null and void transactions and instruments.

26. Any transaction or any instrument which purports to confer on or vest in any person any interest or rights over land other than in accordance with the provisions of this Decree shall be null and void.

Surrender of statutory rights of occupancy.

27. The Military Governor may accept on such terms and conditions as he may think proper the surrender of any statutory right of occupancy granted under this Decree.

PART V – REVOCATION OF RIGHTS OF OCCUPANCY AND COMPENSATION THEREFOR Power of Military Governor to revoke rights of occupancy.

28. (1) It shall be lawful for the Military Governor to revoke a right of occupancy for overriding public interest.

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LAND USE ACT 1978 (2) Overriding public interest in the case of a statutory right of occupancy means– (a) the alienation by the occupier by assignment, mortgage, transfer of possession, sublease, or otherwise of any right of occupancy or part thereof contrary to the provisions of this Decree or of any regulations made thereunder; (b) the requirement of the land by the Government of the State or by a Local Government in the State, in either case for public purposes within the State, or the requirement of the land by the Government of the Federation for public purposes of the Federation; (c) the requirement of the land for mining purpose or oil pipelines or for any purpose connected therewith.

(3) Overriding public interest in the case of a customary right of occupancy means – (a) the requirement of the land by the Government of the State or by a Local Government in the State, in either case for public purposes within the State, or the requirement of the land by the Government of Federation for public purpose of the Federation; (b) the requirement of the land for mining purpose or oil pipelines or for any purpose connected therewith; (c) the requirement of the land for the extraction of building materials; (d) the alienation by the occupier by sale, assignment, mortgage, transfer of possession, sublease, bequest or otherwise of the right of occupancy without the requisite consent or approval.

(4) The Military Governor shall revoke a right of occupancy in the event of the issue of a notice by or on behalf of the head of the Federal Military Government if such notice declares such land to be required by the Government for public purposes.

(5) The Military Government may revoke a statutory right of occupancy on the ground of – (a) a breach of any of the provisions which a certificate of occupancy is by section 10 deemed to contain: (b) a breach of any term contain in the certificate of occupancy or in any special contract made under section 8; (c) a refusal or neglect to accept and pay for a certificate which was issued in evidence of a right of occupancy but has been cancelled by the Military Governor under subsection (3) of section 10.

(6) The revocation of a right of occupancy shall be signified under the hand of a public officer duly authorized in that behalf by the Military Governor and notice thereof shall be given to the holder.

(7) The title of the holder of a right of occupancy shall be extinguished on receipt by him of a notice given under subsection (5) or on such later date as may be stated in the notice.

Compensation payable on

29. (1) If a right of occupancy is revoked for the cause set out in paragraph (b)

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LAND USE ACT 1978 revocation of right of occupancy

by Military Governor in certain cases.

of subsection (2) of section 28 or in paragraph (a) or (c) of subsection (3) of the same section, the holder and the occupier shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements.

(2) If a right of occupancy is revoked for the cause set out in paragraph (c) of subsection (2) of section 28 or in paragraph (b) of subsection (3) of the same section the holder and the occupier shall be entitled to compensation under the appropriate provisions of the Minerals Act or the Mineral Oils Act or any legislation replacing the same.

(3) If the holder or the occupier entitled to compensation under this section is a community the Military Governor may direct that any compensation payable to it shall be paid – (a) to the community; or (b) to the Chief or leader of the community to be disposed of by him for the benefit of the community in accordance with the applicable customary law; or (c) into some fund specified by the Military Governor for the purpose of being utilized or applied for the benefit of the community.

(4) Compensation under subsection (1) of this section shall be, as respects – (a) the land, for an amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked; (b) buildings, installation or improvements thereon, for the amount of the replacement cost of the building, installation or improvement, that is to say, such cost as may be assessed on the basis of the prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interest at the bank rate for delayed payment of compensation and in respect of any improvement in the nature of reclamation works, being such cost thereof as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer; (c) crops on land apart from any building, installation or improvement thereon, for an amount equal to the value as prescribed and determined by the appropriate officer.

(5) Where the land in respect of which a right of occupancy has been revoked forms part of a larger area the compensation payable shall be computed as in subsection (4)(a) above less a proportionate amount calculated in relation to that part of the area not affected by the revocation but of which the portion revoked forms a part and any interest payable shall be assessed and computed in the like manner.

(6) Where there is any building, installation or improvement or crops on the land to which subsection (5) applies, then compensation shall be computed as specified hereunder, that is as respects – (a) such land, on the basis specified in that subsection; (b) any building, installation or improvement or crops thereon (or any combination of two or all of those things) on the basis specified in that subsection and subsection (4) above, or so much of those provisions as are

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LAND USE ACT 1978 applicable, and any interest payable under those provisions shall be computed in like manner.

(7) For the purposes of this section, ‘installation’ means any mechanical apparatus set up or put in position for use or materials set up in or on land or other equipment, but excludes any fixture in or on any building.

Reference to dispute as to compensation.

30. Where there arises any dispute as to the amount of compensation calculated in accordance with the provisions of section 29, such dispute shall be referred to the appropriate Land Use and Allocation Committee.

Exclusion of the application of the Public Lands Acquisition (Miscellaneous Provisions) Decree 1976. 1976 No. 31.

31. The provisions of the Public Lands Acquisition (Miscellaneous Provisions) Decree 1976 shall not apply in respect of any land vested in, or taken over by, the Military Governor or any Local Government pursuant to this Decree or the right of occupancy to which is revoked under the provisions of this Decree but shall continue to apply in respect of land compulsorily acquired before the commencement of this Decree.

Debt due to Government not extinguished by revocation.

32. The revocation of a statutory right of occupancy shall not operate to extinguish any debt due to the Government under or in respect of such right of occupancy.

Option to accept resettlement in case of revocation of right of occupancy.

33. (1) Where a right of occupancy in respect of any developed land on which a residential building has been erected is revoked under this Decree, the Military Governor or the Local Government, as the case may be, may in his or its discretion offer in lieu of compensation payable in accordance with the provisions of this Decree resettlement in any other place or area by way of a reasonable alternative accommodation (if appropriate in the circumstances).

(2) Where the value of any alternative accommodation as determined by the appropriate officer or the Land Use and Allocation Committee is higher than the compensation payable under this Decree the parties concerned may by agreement require that the excess in value in relation to the property concerned shall be treated as a loan which the person affected shall refund or repay to the Government in the prescribed manner.

(3) Where a person accepts a resettlement pursuant to subsection (1) of this section his right to compensation shall be deemed to have been duly satisfied and no further compensation shall be payable to such person.

PART VI – TRANSITIONAL AND OTHER RELATED PROVISIONS Transitional provisions on land in urban areas.

34. (1) The following provisions of this section shall have effect in respect of land in an urban area vested in any person immediately before the commencement of this Decree.

(2) Where the land is developed the land shall continue to be held by the person in whom it was vested immediately before the commencement of this Decree as if the holder of the land was the holder of a statutory right of occupancy issued by the Military Governor under this Decree.

(3) In respect of land to which subsection (2) of this section applies there shall be issued by the Military Governor on application to him in the prescribed form a certificate of occupancy if the Military Governor is satisfied that the land was, immediately before the commencement of this Decree, vested in that person.

(4) Where the land to which subsection (2) of this section applies was subject to any mortgage, legal or equitable, or any encumbrance or interest valid in law such land shall continue to be so subject and the certificate of occupancy issued,

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LAND USE ACT 1978 shall indicate that the land is so subject, unless the continued operation of the encumbrance or interest would in the opinion of the Military Governor be inconsistent with the provisions, or general intendment of this Decree.

(5) Where on the commencement of this Decree the land in undeveloped then – (a) one plot or portion of the land not exceeding half hectare in area shall subject to subsection (6) below, continue to be held by the person in whom the land was so vested as if the holder of the land was the holder of a statutory right of occupancy granted by the Military Governor in respect of the plot or portion as aforesaid under this Decree; and (b) all the rights formerly vested in the holder in respect of the excess of the land shall on the commencement of this Decree be extinguished and the excess of the land shall be taken over by the Military Governor and administered as provided in this Decree.

(6) Paragraph (a) of subsection (5) above shall not apply in the case of any person who was on the commencement of this Decree also the holder of any undeveloped land elsewhere in any urban area in the State and in respect of such a person all his holdings of undeveloped land in any urban area in the State shall be considered together and out of undeveloped land so considered together (a) one plot or portion not exceeding ½ hectare in area shall continue to be held by such a person as if a right of occupancy had been granted to him by the Military Governor in respect of that plot or portion; and (b) the remainder of the land (so considered together) in excess of ½ hectare shall be taken over by the Military Governor and administered in accordance with this Decree and the rights formerly vested in the holder in respect of such land shall be extinguished.

(7) No land to which subsection (5)(a) or (6) above applies held by any person shall be further subdivided or laid out in plots and no such land shall be transferred to any person except with the prior consent in writing of the Military Governor.

(8) Any instrument purporting to transfer any undeveloped land in contravention of subsection (7) above shall be void and of no effect whatsoever in law and any party to any such instrument shall be guilty of an offence and liable on conviction to imprisonment for one year or a fine of N5,000.00.

(9) In relation to land to which subsection (5)(a) or (6)(a) applies there shall be issued by the Military Governor on application therefore in the prescribed form a certification of occupancy if the Military Governor is satisfied that the land was immediately before the commencement of this Decree vested in that person.

Compensation for improvements in certain cases.

35. (1) Section 34 of this section shall have effect notwithstanding that the land in question was held under a leasehold, whether customary or otherwise, and formed part of an estate laid out by any person, group or family in whom the leasehold interest or revision in respect of the land was vested immediately before the commencement of this Decree so however on group of family in whom the leasehold interest or reversion was vested that if there has been any improvements on the land effected by the person; as aforesaid the Military Governor shall, in respect of the improvements, pay to that person, group or family compensation computed as specified in section 29 of this Decree.

(2) There shall be deducted from the compensation payable under subsection (1) of this section any levy by way of development or similar charges paid in respect

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LAND USE ACT 1978 of the improvements on the land by the lessee to the person, group or family in whom the leasehold interest or reversion was vested and the amount to be deducted shall be determined by the Military Governor taking into consideration all the circumstances of the case.

Transitional provisions on land not in urban areas.

36. (1) The following provisions of this section shall have effect in respect of land not in an urban area which was immediately before the commencement of this Decree held or occupied by any person.

(2) Any occupier or holder of such land, whether under customary rights or otherwise howsoever, shall if that land was on the commencement of this Decree being used for agricultural purposes continue to be entitled to possession of the land for use for agricultural purposes as if a customary right of occupancy had been granted to the occupier or holder thereof by the appropriate Local Government and the reference in this subsection to land being used for agricultural purposes includes land which is, in accordance with the customary of the locality concerned, allowed to lie fallow for purposes of recuperation of the soil (3) On the production to the Local Government by the occupier of such land, at his discretion, of a sketch or diagram or other sufficient description of the land in question and on application therefore in the prescribed from the Local Government shall if satisfied that the occupier or holder was entitled to the possession of such land whether under customary rights or otherwise howsoever, and that the land was being used for agricultural purpose at the commencement of this Decree register the holder or occupier as one to whom a customary right of occupancy had been issued in respect of the land in question.

(4) Where the land is developed, the land shall continue to be held by the person whom it was vested immediately before the commencement of this Decree as if the holder of the land was the holder of a customary right of occupancy issued by the Local Government, and if the holder or occupier of such developed land, at his discretion, produces a sketch or diagram showing the area of the land so developed the Local Government shall if satisfied that that person immediately before the commencement of this Decree has the land vested in him register the holder or occupier as one in respect of whom a customary right of occupancy has been granted by the Local Government.

(5) No land to which this section applies shall be subdivided or laid out in plots and no such land shall be transferred to any person by the person in whom the land was vested as aforesaid.

(6) Any instrument purporting to transfer any land to which this section relates shall be void and of no effect whatsoever in law and every party to any such instrument shall b guilty of an offence and shall on conviction to a fine of N5,000.00 or to imprisonment for one (1) year.

Penalty for false claims, etc. in respect of land.

37. If any person other than one in whom any land was lawfully vested immediately before the commencement of this Decree enters any land in purported exercise of any right in relation to possession of the land or makes any false claim in respect of the land to the Military Governor or any Local Government for any purpose under this section, he shall be guilty of an offence and liable on conviction to an imprisonment for one (1) year or to a fine of N5,000.00

Preservation of power of Military Governor to revoke

38. Nothing in this Part shall be construed as precluding the exercise by the Military Governor or as the case may be, the Local Government concerned of the

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powers to revoke, in accordance with the applicable provisions of this Decree, rights of occupancy, whether statutory or customary, in respect to any land to which this Part relates.

PART VII – JURISDICTION OF HIGH COURTS AND OTHER COURTS Jurisdiction of High Court

39. (1) The High Court shall have exclusive original jurisdiction in respect of the following proceedings:(a) proceedings in respect of any land the subject of a statutory right of occupancy granted by the Military Governor or deemed to be granted by him under this Decree; and for the purposes of this paragraph proceedings include proceedings for a declaration of title to a statutory right of occupancy. (b) proceedings to determine any question as to the persons entitled to compensation payable for improvements on land under this Decree.

(2) All laws, including rules of court, regulating the practice and procedure of the High Court shall apply in respect of proceedings to which this section relates and the laws shall have effect with such modifications as would enable effects to be given to the provisions of this section.

Special provisions in respect of pending proceedings.

40. Where on the commencement of this Decree proceedings had been commenced or were pending in any court or tribunal (whether at first instance or no appeal) in respect of any question concerning or pertaining to title to any and or interest therein such proceedings may be continued and be finally disposed of by the court concerned but any order or decision of the court shall only be as respect the entitlement of either of the parties to the proceedings to a right of occupancy, whether statutory or customary, in respect of such land as provided in this Decree.

Jurisdiction of area courts or customary courts, etc.

41. An area court of customary court or other court of equivalent jurisdiction in a State shall have jurisdiction in respect of proceedings in respect of a customary right of occupancy granted by a Local Government under this Decree; and for the purposes of this paragraph proceedings include proceedings for a declaration of title to a customary right of occupancy and all laws including rules of court regulating practice and procedure of such courts shall have effect with such modifications as would enable effect to be given to this section.

Proceedings for recovery of rent in respect of certificate of occupancy, etc.

42. (1) Proceedings for the recovery of rent payable in respect of any certificate of occupancy may be taken before a Magistrates Court of competent jurisdiction by and in the name of the Chief Lands Officer or by and in the name of any other officer appointed by the Military Governor in that behalf.

(2) Proceedings for the recovery of rent payable in respect of any customary right of occupancy may be taken by and in the name of the Local Government concerned in the area court or customary court or any court of equivalent jurisdiction.

PART VIII - SUPPLEMENTAL Prohibition of and penalties for unauthorized use of land.

43. (1) Save as permitted under section 34 of this Decree, as from the commencement of this Decree no person shall in an urban area – (a) erect any building, wall, fence or other structure upon; or (b) enclose, obstruct, cultivate or do any act on or in relation to, any land which is not the subject of a right of occupancy or licence lawfully held by him or in respect of which he has not received the permission of the Military CENTRE ON HOUSING RIGHTS AND EVICTIONS P.57

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LAND USE ACT 1978 Governor to enter and erect improvements prior to the grant to him of a right of occupancy.

(2) Any person who contravenes any of the provisions of subsection (1) shall on being required by the Military Governor so to do and within the period of time fixed by the Military Governor, remove any building, wall, fence, obstruction, structure or thing which he may have caused to be placed on the land and he shall put the land in the same condition as nearly as may be in which it was before such contravention.

(3) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and liable on conviction to imprisonment for one year or to a fine of N5,000.00.

(4) Any person who fails or refuses to comply with a requirement made by the Military Governor under subsection (2) shall be guilty of an offence and liable on conviction to a fine of N100.00 for each day during which he makes default in complying with the requirement of the Military Governor.

Service of notices.

44. Any notice required by the Decree to be served on any person shall be effectively served on him – (a) by delivering it to the person on whom it is to be served; or (b) by leaving it at the usual or last known place of abode of that person; or (c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode; or (d) in the case of an incorporated company or body, by delivering it to the Secretary or Clerk of the company or body at its registered or principal office or sending it in a prepaid registered letter addressed to the Secretary of Clerk of the company or body at that office; or (e) if it is not practicable after reasonable inquiry to ascertain the name or address of a holder or occupier of land on whom it should be served, by addressing it to him by the description of ‘holder’ or ‘occupier’ of the premises (naming them) to which it relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

Delegation of powers.

45. (1) The Military Governor may delegate to the State Commissioner all or any of the powers conferred on the Military Governor by this Decree, subject to such restrictions, conditions and qualifications, not being inconsistent with the provisions, or general intendment, of this Decree as the Military Governor may specify.

(2) Where the power to grant certificates has been delegated to the State Commissioner such certificates shall be expressed to be granted on behalf of the Military Governor.

Power to make regulations.

46. (1) The National Council of States may make regulations for the purpose of carrying this Decree into effect and particularly with regard to the following matters – (a) the transfer by assignment or otherwise howsoever of any rights of occupancy, whether statutory or customary, including the conditions applicable to the transfer of such rights to persons who are not Nigerians; CENTRE ON HOUSING RIGHTS AND EVICTIONS P.58

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(b) the terms and conditions upon which special contracts may be made under section 8; (c) the grant of certificates of occupancy under section 9; (d) the grant of temporary rights of occupancy; (e) the method of assessment of compensation for the purposes of section 29 of this Decree.

(2) The Military Governor may, subject to subsection (1) make regulations with regard to the following matters:(a) the method of application for any licence or permit and the terms and conditions under which licences may be granted; (b) the procedure to be observe in revising rents; (c) the fees to be paid for any matter or thing done under this Decree; (d) the forms to be used for any document or purpose.

Exclusion of certain proceedings.

47. (1) This Decree shall have effect notwithstanding anything to the contrary in nay law or rule of law including the Constitution of the Federation or of a State and, without prejudice to the generality of the foregoing, no court shall have jurisdiction to inquire into: (a) any question concerning or pertaining to the vesting of all land in the Military Governor in accordance with the provisions of this Decree; or (b) any question concerning or pertaining to the right of the Military Governor to grant a statutory right of occupancy in accordance with the provisions of this Decree; or (c) any question concerning or pertaining to the right of a Local Government to grant a customary right of occupancy under this Decree.

(2) No court shall have jurisdiction to inquire into any question concerning or pertaining to the amount or adequacy of any compensation paid or to be paid under this Decree.

Modification of existing laws.

48. All existing law relating to the registration of title to, or interest in, land or the transfer of title to or any interest in land shall have effect subject to such modifications (whether by way of addition, alteration or omission) was will bring those laws into conformity with this Decree or its general intendment.

Exemption with respect to Federal Government lands, etc.

49. (1) Nothing in this Decree shall affect any title to land whether developed or undeveloped held by the Federal Government or any agency of the Federal Government at the commencement of this Decree and accordingly, any such land shall continue to vest in the Federal Government or the agency concerned.

Interpretation.

(2) In this section, ‘agency’ includes any statutory corporation or any other statutory body (whether corporate or unincorporate) or any company whollyowned by the Federal Government.

50. – (1) In this Decree, unless the context otherwise requires:- ‘agricultural purpose’ includes the planting of any crops of economic value;

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LAND USE ACT 1978 ‘appropriate officer’ means the Chief Lands Officer of a State and in the case of the Federal Capital Territory means the Chief Federal Lands Officer; ‘customary right of occupancy’ means the right of a person or community lawfully using or occupying land in accordance with customary law and includes a customary right of occupancy granted by a Local Government under this Decree; ‘developed land’ means land where there exists any physical improvement in the nature of road development services, water, electricity, drainage, building, structure or such improvement that may enhance the value of the land for industrial, agricultural or residential purpose; ‘easement’ means a right annexed to land to utilize other land in different holding in a particular manner (not involving the taking of any part of the natural produce of that land or of any part of its soil) or to prevent the holder of the other land from utilizing his land in a particular manner; ‘Government’ means the government of the Federation or the government of a State; ‘grazing purposes’ includes only such agricultural operations as are required for growing fodder for livestock on the grazing area; ‘High Court’ means the High Court of the State concerned; ‘holder’ in relation to a right of occupancy, means a person entitled to a right of occupancy and includes any person to whom a right of occupancy has been validly assigned or has validly passed on the death of a holder but does not include any person to whom a right of occupancy has been sold or transferred without a valid assignment, nor a mortgage, sub-ease or sub-leasee or subunderleasee; ‘improvements’ or ‘unexhausted improvements’ means anything of any quality permanently attached to the land, directly resulting from the expenditure of capital or labour by an occupier or any person acting on his behalf, and increasing the productive capacity, the utility or the amenity thereof and includes buildings, plantations of long lived crops or trees, fencing, wells, roads and irrigation or reclamation works, but does not include the result of ordinary cultivation other than growing produce; ‘interest at the bank rate’ means a simple interest payable at the rate per cent per annum at which the Central Bank of Nigeria will rediscount bills of exchange; ‘Local Government’ means the appropriate Local Government or any other body having or exercising the powers of a Local Government as provided by law in respect of the area where the land in question is situated; ‘Military Governor’ means the Military Governor of the State concerned; ‘mortgage’ includes a second and subsequent mortgage and equitable mortgage; ‘occupier’ means any person lawfully occupying land under customary law and a person using or occupying land in accordance with customary law and includes the sub-lease or sub-underlease of a holder; ‘public purpose’ includes – (a) for exclusive Government use or for general public use;

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LAND USE ACT 1978 (b) for use by anybody corporate directly established by law or by anybody corporate registered under the Companies Decree 1968 as respects which the Government owns shares, stock or debentures; (c) for or in connection with sanitary improvements of any kind; (d) for obtaining control over land contiguous to any part or over land that value of which will be enhanced by the construction of any railway, road or other public work or convenience about to be undertaken or provided by the Government; (e) for obtaining control over land required for or in connection with development of telecommunications or provision of electricity; (f) for obtaining control over land required for or in connection with mining purposes; (g) for obtaining control over land required for or in connection with planned urban or rural development or settlement; (h) for obtaining control over land required for or in connection with economic, industrial or agricultural development; (i)

for education and other social services;

‘statutory right of occupancy’ means a right of occupancy granted by the Military Governor under this Decree; ‘urban area’ means such area of the State as may be designated as such by the Military Governor pursuant to section 3 of this Decree; ‘sub-lease’ includes a sub-underlease.

(2) The powers of a Military Governor under this Decree shall, in respect of land comprised in the Federal Capital Territory or any land held or vested in the Federal Government in any State, be exercisable by the Head of the Federal Military Government or any Federal Commissioner designed in him in that behalf and references in this Decree to Military Governor shall be construed accordingly.

Citation.

51. This Decree may be cited as the Land Use Decree 1978.

MADE at Lagos this 29th day of March 1978.

LT-GENERAL O. OBASANJO, Head of the Federal Military Government, Commander-in-Chief of the Armed Forces, Federal Republic of Nigeria

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