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The Social and Economic Rights Action Center, et al. v. Nigeria

Country/Territory
Nigeria
Type of court
Others
Date
Oct 27, 2001
Source
UNEP, InforMEA
Court name
African Commission on Human and Peoples’ Rights
Seat of court
Banjul
Reference number
No. 155/96 (2001)
Language
English
Subject
Waste & hazardous substances, Environment gen.
Abstract

The applicant claimed that the Nigerian government was responsible for environmental contamination in the territory of the Ogoni people caused by the Nigerian National Petroleum Company disposing hazardous wastes into the environment. The contamination of water, soil and air through occurring oil leaks led to health problems among the Ogoni people. The applicant claimed that the government neglected to require standard safety measures of the oil companies and that it made Nigerian military forces available to them which were used to attack, burn and destroy Ogani villages and food supplies.

The applicant brought forward a number of alleged rights violations of the African Charter on Human and Peoples’ Rights such as the rights to life, health and to a clean environment.

The Commission concluded that Articles 4 (right to life), 16 (right to health) and 24 (right to a clean environment) were indeed violated seeing as the government failed to prevent widespread killings of the Ogoni as well as environmental pollution and degradation.

Furthermore, it was found that Nigeria violated the right to freely dispose of the Ogoni’s wealth and natural resources under Article 21 seeing as the government “facilitated the destruction of the Ogoniland.”

The Commission also held that Nigeria systematically violated the right to adequate housing which is not itself contained in the Charter, but is derived from a combination of the rights to health, family and property.

Moreover, it was found that, in failing to prevent the oil companies from contaminating and destroying food sources of the Ogoni, Nigeria violated the right to food which is derived from Articles 4 (the right to life), 16 (the right to health) and 22 (the right to economic, social and cultural development) of the Charter.

Lastly, the Commission found that Nigeria violated Article 2 which ensures the freedom from discrimination.

 

Full text
achpr30_155_96_eng.pdf
Website
www.globalhealthrights.org