SERAC's Letter to the Governor on Makoko Demolitions

7/30/2019 SERAC's Letter to the Governor on Makoko Demolitions

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social and economic rights action center social and economic rights action center social and economic rights action center

Plot 758

Chief Thomas AdeboyeDrive

Omole Phase 2

Isheri

Lagos

Postal

P.O. Box 13616

Ikeja-Lagos

Nigeria

Tel: 234.1.764.4299

[email protected]

www.serac.org

July 23, 2012

His ExcellencyBabatunde Raji Fashola (SAN)The Executive Governor of Lagos StateGovernors OfficeAlausa-IkejaLagos

Dear Governor Fashola:

RE: DEATH AND DESTRUCTION IN MAKOKO BY THE LAGOS STATGOVERNMENT

I write to express my strongest condemnation of the despicable acts of violence, crueand extreme lawlessness demonstrated by your government in the treatment of residents Makoko community. It is even more disturbing that these acts are being perpetrated high ranking officials of your government, seemingly, with your condonation if napproval. Mr. Governor, I humbly urge you to end the crass impunity of your urbdevelopment and management officials.

On Monday July 16, 2012, the Lagos State government commenced the demolition of tMakoko Waterfront following a 72 hour quit notice, dated July 12, 2012, issued to somresidents by the Ministry of Waterfront Infrastructure Development. Between MondJuly 16 and Saturday July 21, 2012 the Lagos State demolition squad, backed by heavarmed policemen, destroyed the homes and properties of Makoko residents.

On Saturday July 21, 2012, the demolition took on an even more violent dimensioWithout justification, a citizen, Mr. Timothy Azinkpono, a resident of Makoko was shdead by the police. Gruesomely, police bullets ripped through his stomach discharging hintestines and other internal organs. (Please see attached photograph of the deceased.)

In the notice to quit, the Lagos State government accused the residents of developishanties on the waterfront and impeding economic and gainful utilization of the waterfrofor navigation, entertainment and recreation. Continuing, the notice declared that tLagos State Government is desirous of restoring the amenity and value of the waterfroprotect life and property, promote legitimate economic activities on the waterfront, restosecurity, improve water transportation and beautify the Lagos waterfront/coastline underline the mega city status of the Lagos State and has decided to clear all illegal aunauthorized developments on its waterfront and water bodies.

So far, over 30,000 residents, including women, children, and the elderly have lost th

homes. Over 120,000 residents face imminent displacement. The evictees are furthendangered as many of them are now forced to live and sleep in their canoes. The Socand Economic Rights Action Center (SERAC) is investigating a report of the drowning 3 children of a family when their canoe capsized as they slept during the night Wednesday July 18, 2012.

At a meeting with Mr. Adesegun Oniru, Commissioner for Waterfront InfrastructuDevelopment, on Friday July 20, 2012, he informed me that he was committed


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completing the destruction of Makoko. He stated that the Lagos State Government had no intention compensating or resettling the Makoko evictees. Mr. Oniru declared that Makoko residents are not indigenof Lagos State and that they should return to their states of origin. He further declared that demolishing thehomes will force their exit from Lagos. When I suggested to him that his statements were capable of beiperceived as a declaration of a policy of ethnic cleansing through forced migration, a crime against humanunder international law, he responded I dont care. Mr. Oniru has been visible and vocal in the news medon his intolerance for citizens, like Makoko residents, that he has adjudged as expellable.

These acts and utterances of a high ranking official of your government are uncivil and unacceptable inconstitutional democracy. They are capable of promoting ethnic tension and social strife. Lagos states ethnand cultural diversity is what makes Lagos a uniquely global city. The Constitution of the Federal Republic Nigeria affords protection to all persons to move freely and reside in any part of the country withodiscrimination or state-sponsored violence to compel their removal from their places of abode.

Makoko is well documented and globally recognized as an ancestral fishing settlement that has flourishsince the 1860s. It is comprised predominantly of Yorubas, Eguns, I lajes and Ijaws. The lifestyles, occupatiocultures and identity of majority of the residents are intricately connected to access and use of open water ffishing and transportation of wood from the hinterland to Lagos. The people of Makoko have coexistpeacefully despite the communitys ethnic and religious diversity. The community also boasts of highdeveloped structures of organization that ensure the security and overall cohisiveness of the community.

domestic economy is equally vibrant. Over 40% of all smoked fish consumed in Lagos is processed in tcommunity. The tourism potential of Makoko is immense and can be harnessed through thoughtful aparticipatory planning.

It is unsconscionable to give 72 hours notice to anyone to vacate their home under any circumstance. That isviolation of the due process of law. Further, under the laws of the land, it is unlawful to forcibly evict anyofrom their home without appropriate statutory notice and without an order of a court of competent jurisdictioMakoko residents were in possession of their land and properties. It is unlawful for the state to dispossethem of their properties without a valid order of court. That the Lagos state government can improperly utilithe coercive powers of the state to brutalize poor citizens and grab their land does not and will never makelawful.

The governments actions in Makoko are remarkably invidious because of the very reasons it has advancedjustification of the demolition. Pushing the poor deeper into poverty by seizing their land in favor of the riand powerful in society is economic violence and a recipe for urban strife.

The ongoing demolition of Makoko is yet another episode of violent eviction in Makoko. You will recall thon December 23, 2010, officials of the Lagos Task Force on the Environment demolished the homes of ov2,000 people on a private land in Makoko. Citizen Waheed Saka was shot dead during that demolition. Thincident was the subject matter of SERACs letter dated January 28, 2011. The inquiry that Your Excellenordered through the Ministry of Justice was never carried out because Task Force officials treated the procewith contempt by their persistent absence at the inquiry. Till date, no one has been held accountable for t

mindless violence inflicted on Makoko residents by officials of the Task Force.

Makoko and Iwaya are two of nine communities targeted for upgrading under the 200 Million US DolWorld Bank-funded Lagos Metropolitan Development and Governance Project (LMDGP). Under the projethe Lagos State government is obligated to observe safeguard standards in accordance with the Bankoperating policies that mandate the provision of effective remedies for involuntary displacements.


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Notwithstanding its contractual commitments under the LMDGP and its legal obligations to respect the humrights of all citizens under the Constitution and international law, the Lagos State government has continued treat residents of impoverished communities as expendable people. The recent demolition and burning of thomes of I jora Badia residents by the Kick Against Indiscipline (Kai Brigade) remains unaddressed.

As a member of the Steering Committee of the LMDGP, I am utterly disappointed by the betrayal of the lofgoals for which the project was designed. I can no longer see any justification for my continued service on tSteering Committee. I do hereby tender my resignation from the Committee. I shall take prompt steps formalize my resignation under a separate cover. I thank you for the opportunity to serve.

SERAC remains committed to defending the rights of these citizens in accordance with the Constitution ainternational law. In addition to exploring all legal avenues to obtain full and effective remedies for the victimof these eggregious violations, SERAC will bring a petition before the World Bank Independent InspectiPanel to ask for an immediate review of the LMDGP to ascertain whether or not the Lagos state governmehas violated its contractual and legal obligations in the treatment of communities targeted by the project, and recommend appropriate measures to bring the Lagos state government into compliance with terms of tproject.

We remain available to offer ideas and suggestions regarding possible expeditious, fair and just resolution these concerns.

Yours sincerely,

Felix C. MorkaExecutive Director

CC:1. Minister for Finance2. President, World Bank3. World Bank Country Director for Nigeria4. Inspector General of Police5. Commissioner of Police, Lagos State6. Area Commander, Area H Police Command7. Commissioner for Waterfront Infrastructure Development8. The Chairman LMDGP9. The Director LMDGP10. The Media

SERAC's Letter to the Governor on Makoko Demolitions

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