eagle island ust/agip waterfront communities petition to nhrc

8/12/2019 Eagle Island UST/Agip Waterfront Communities Petition to NHRC

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March 21, 2014

Prof. Bem Angwe

Executive Secretary

National Human Rights Commission

9 Aguiyi Ironsi Street

Maitama Abuja, Federal Capital Territory

Re: COMPLAINT TO THE NATIONAL HUMAN RIGHTS COMMISSION OF NIGERIACONCERNING FORCED EVICTION OF EAGLE ISLAND U.S.T./AGIP WATERFRONT COMMUNITY PORT HARCOURT DECEMBER 2004 APRIL2005Dear Prof. Angwe:

We write regarding the December 2004 April 2005 demolitions and forced evictions of the Eagle

Island U.S.T./Agip Waterfront community, comprising Ogoni Village, Alhaji Village and Ibioma

Village, (together, Agip Waterfront) in Port Harcourt, Rivers State.

Justice and Empowerment Initiatives (JEI), working in collaboration with the Social Development

Integrated Centre (Social Action), the Collaborative Media Advocacy Platform (CMAP), the Movement

for the Survival of the Ogoni People (MOSOP), and the Ogoni Solidarity Forum (OSF), has been

mandated to file the present complaint with the National Human Rights Commission (NHRC) on behalf

of Agip Waterfront evictees to seek an investigation into and adjudication of the violation of

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COMPLAINT RE:THEFORCED EVICTION OF EAGLE ISLAND U.S.T./AGIPWATERFRONT COMMUNITY,PORT HARCOURT,DECEMBER 2004APRIL 2005SUBMITTED ON MARCH 21,2014

1.0. INTRODUCTIONBetween December 2004 and April 2005, the Rivers State Government demolished and

forcibly evicted thousands of residents from the Eagle Island U.S.T./Agip Waterfront(Agip Waterfront) community in Port Harcourt, Rivers State. The Agip Waterfront

evictees hereby file a petition to the National Human Rights Commission (NHRC) to

seek an investigation into and adjudication of the violation of thousands of Agip

Waterfront residents fundamental and human rights, including the right to adequate

housing/shelter, right to fair hearing, right to dignity, right to food, right to work, right

to adequate standard of living, and right to private and family life.

2.0. BACKGROUND ON EAGLE ISLAND U.S.T./AGIP WATERFRONTCOMMUNITYBefore the forced evictions that occurred in 2004 and 2005, Agip Waterfront comprised

three villages Alhaji, Ogoni, and Ibioma respectively1 and was home to at least

30,000 people living and working in over 842 structures. The three villages were

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to construct a road running along the U.S.T. wall from the Agip Gate to Eagle Island.

Under then Commissioner for the Ministry of Lands, Dr. Kimse Okoko, Ministry officials

enumerated and compensated the landlords located along the U.S.T. wall, and seeing

the residents plight, told them to go resettle at the land that later became Ogoni

village. Many Agip Waterfront community members also received permission to reclaim

and build on the land from families who claimed to be traditional landlords through

traditional agreements and later through agreements to pay rent based on the number

of rooms. See Affidavit of Anthony Ngerebor. 3.0. STATEMENT OF FACTS:DEMOLITION AND FORCED EVICTIONFollowing on all these assurances, the Agip Waterfront community was understandably

thrown into panic and confusion when the Rivers State Government began demolishing

in December 2004, and completely destroyed the three Agip Waterfront villages by

April 2005. The destruction extended from Agip Gate to Eagle Island Town, razingdown at least 842 structures, including at least 15 churches and schools, as well as over

18 boreholes, a Central Market and two smaller markets. See Exhibit I1-I4, showingsatellite images of the area pre-demolition, again in January 2005 after the first

demolition, and after the entire area had been razed, along with an image showing the

combined count of demolished structures. See also Expert Affidavit of DanielObriango and Affidavit of Edwin Lenyie.


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The demolition lasted for over one week, by which time about 70% of the entire Agip

Waterfront was destroyed during this period. The remainder of the Agip Waterfront was

destroyed by April. During this month of demolitions, Australian journalist Eric Campbell

came to report on and film the demolitions of Agip. While filming, he was arrested

together with another journalist, but was later released. After the eviction, he compiled

the footage of the demolition for the community. See Exhibit F3 , film footage of thedemolition of the Agip Waterfront; Exhibit F2, Journalists Freed In Nigeria, April 14,2005; Exhibit E1, Ogoni: The Demolition of the Agip Waterside, UNPO, 13 March2005; and Affidavit of Edwin Lenyie .The demolition of Agip Waterfront displaced over 30,000 residents of Ogoni Village,

Alhaji Village and Ibioma Village. There was no consultation, notice, or information to

prepare the communities for the total demolition of their homes, businesses and

community facilities. There was no emergency shelter, resettlement or compensation

offered by the Rivers State Government to the tens of thousands of people whosehomes, properties, and livelihoods were destroyed. See Expert Affidavit of DanielObriango and Exhibits I1-I4; and Affidavit of Edwin Lenyie.

4.0. ACTIONS TAKEN TO SEEK REDRESS FROM THE GOVERNMENTSi 2005 th l f A i W t f t h ti l ht d f th


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- August 23, 2010: Letter from Mitee & Co to Rt. Hon. Governor Amaechi regardingcompensation to residents of Agip Waterfront, Port Harcourt (see Exhibit H1);

- March 25, 2013: Letter of protest from Freedom Fighters International to Rt. Hon.Governor Amaechi over the Forceful Acquisition and Use of Agip/Eagle Island

Waterside in Port Harcourt by Rivers State Government(see Exhibit H2).The Rivers State Government has failed to respond to any of these letters or provide the

compensation it promised during the course of the demolitions or any other form of

relief or resettlement to evictees. See Affidavit of Edwin Lenyie. 5.0. LACK OF PROCEDURAL PROTECTIONS PRIOR TO/DURING THE DEMOLITIONS

5.1. Absence of Adequate Notice

The people of Agip Waterfront were not provided with adequate notice prior to any ofthe demolition exercises; they were therefore unable to take steps to challenge the

governments decision (i.e. launching court action) or to mitigate the harms done to

person and property during the forceful evictions. As a consequence, many community

members were working or at school when each phase of demolition began, and were

unable to save the majority of their property, including housing goods, generators,

furniture, and business supplies. In the chaos and subsequent homelessness, what

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and military caused chaos and panic and further endangered those attempting to save

their property. See Affidavit of Edwin Lenyie. 5.4. Absence of Emergency Shelter, Resettlement, or Alternative Housing

The Rivers State Government made no provision for emergency shelter or any other

form of relief to the evictees of the Agip Waterfront community, forcing families to sleep

outside with no protection from the elements, exposing them to malaria, typhoid,

pneumonia, and other forms of illness. The extreme shock of the eviction was especiallyharmful to individuals who were already ill or those affected by high blood pressure and

hypertension. As a result, many people suffered strokes and heart attacks. Many

persons fell sick after the demolitions due to excessive exposure to cold, mosquito

bites, and gruesome environmental health hazards. Many people died in the aftermath

of the demolition from these terrible conditions. See Affidavit of Edwin Lenyie.The Rivers State Government further made no provision for resettlement or alternative

housing for those forcefully evicted, thereby pushing the people of Agip Waterfront

further into poverty. Without alternative housing, those who were not left outside were

forced to squat with friends and family members or return to family homes outside of

Port Harcourt. Women who often worked as petty traders and were the primary

breadwinners for their families particularly felt the negative impact. Whole families

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Whether the Rivers State Government violated the fundamental and

human rights of the residents of Agip Waterfront including the rights to

adequate housing/shelter, property, fair hearing/due process, privacy in

the home, and livelihood, as guaranteed under the 1999 Constitution of

the Federal Republic of Nigeria, the African Charter of Human and

Peoples Rights, the International Covenant on Economic Social and

Cultural Rights, among other regional and international instruments

ratified by the Federal Republic of Nigeria when it demolished theirhomes, businesses, and community facilities without any safeguards.

7.0. V IOLATIONS OF FUNDAMENTAL HUMAN R IGHTSThe December 2004 March 2005 demolitions were carried out with a total absence of

procedural safeguards, including adequate notice, consultation, compensation andresettlement. The absence of notice further prevented people from accessing their right

to due process of law. Additionally, the demolitions resulted in the deaths of at least 14

residents of the Agip Waterfront community during or after the demolition. The

demolitions caused the destruction and loss of valuable property of approximately

30,000 residents who were also rendered homeless and left to live on the streets.

Meanwhile, the demolitions destroyed the livelihoods of thousands of members of the

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ICESCR, Articles 14, 16, 18 of the African Charter (as domesticated), and the 1999

Constitution.

Article 11.1 of the ICESCR states that all parties to the ICESCR must recognize the

right of everyone to an adequate standard of living for himself and his family, including

adequate food, clothing and housing, and to the continuous improvement of living

conditions. The States Parties will take appropriate steps to ensure the realization of this

right, recognizing to this effect the essential importance of international co-operation

based on free consent.

The UN Committee on Economic, Social and Cultural Rights, the body of independent

experts established to interpret the ICESCR and monitor state parties compliance, has

further elaborated the normative contents of the right to adequate housing. The

Committee provides authoritative interpretation of the content of the right to adequate

housing and the obligations of states in General Comment 4 (on the right to adequatehousing) and General Comment 7 (on forced evictions).

In its General Comment 7, the Committee defines a forced eviction as the permanent

or temporary removal against their will of individuals, families and/or communities from

the homes and/or land which they occupy, without the provision of, and access to,

appropriate forms of legal or other protection.


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evictions not to take place in particularly bad weather or at night unless theaffected people consent otherwise;

provision of legal remedies; provision, where possible, of legal aid to people who are in need of it to seek

redress from the courts;

provision of adequate alternative housing to those who cannot provide forthemselves; and

compensation for all losses.

The facts of the December 2004 April 2005 demolitions at Agip Waterfront, described

above, demonstrate the Rivers State Governments failure to put in place the aboveprocedural protections. Notably, although the Rivers State Government gave

inadequate notice that they were going to enumerate and later demolish stalls along

the Agip Wall Fence Road for purposes of road expansion in a 7.5-meter setback, the

demolition of the entire community came as a total surprise, without any consultation

with or notice to persons who suddenly found themselves homeless. There was no

compensation or alternative shelter emergency or otherwise made available to any

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contained in Sections 43 and 44 the right to privacy in Section 37. These rights can be

read in light of Chapter II, Section 14(2)(d) of the Constitution, which states that the

Government shall direct its policies toward ensuring suitable and adequate shelter.

We respectfully urge the National Human Rights Commission to adopt the same line of

reasoning as the learned African Commission, finding the right to housing and shelter

implicit in these provisions of the Nigerian Constitution and finding that the same right

has been violated by the Rivers State Governments demolitions carried out in the Agip

Waterfront community.

7.2. Violations of Right to Acquire and Own PropertyIn the course of the Rivers State Governments total demolition of the Agip Waterfront

community, thousands of persons rights to acquire and own property were affectedthrough the forcible taking and/or destruction of their homes, business places, markets,

and community structures. Due to the lack of notice, most residents also lost valuable

belongings that were inside the structures.

We submit that the forced acquisition and demolition of homes, business premises, and

community facilities, causing large-scale loss of property without due process, adequate

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(a) Requires the prompt payment of compensation thereof 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.

We submit that the combined force of Sections 43 and 44 of the Nigerian Constitutionensure the sanctity of all property, both movable and immovable, by prohibiting the

taking of such property without cover of law, compensation, and access to the courts.

By implication, Section 44 reaffirms the right to own, possess, use and enjoy both

movable and immovable property, since without such rights there would be no need for

a prohibition on the taking of property. These protections are also consistent with the

common law conception of property, which has long recognized that the right toproperty includes the right to use and enjoyment, to the exclusion of all others.

The protections offered by Section 44 of the Constitution are broad, covering all types

of property and any form of interest. As such, these protections extend not only to land,

but also to immovable property, such as buildings and fixed structures, and to

moveable property, including household items. Consequently, forced evictions and

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public need/general interest of the community and was carried out

in accordance with appropriate law.

Thus, the African Charter reiterates the right to compensation already guaranteed by

the Nigerian Constitution, adding the requirement that such compensation be not only

prompt, but also adequate. The African Charter also reiterates that the taking of

property must be in accordance with the provisions of appropriate laws, which

reinforces the guarantee in the Nigerian Constitution that a person affected by the

taking of property must have access to a court of law for the determination ofcompensation. We submit that adequate compensation must compensate not only the

value of the property taken or destroyed, but also the other harms they may suffer as a

consequence of having their property taken/destroyed by Government.

Finally, the African Charter supplements the overriding public purpose requirement in

the Land Use Act, stating that the right to property any form of property may only beencroached in the interest of public needor in the general interest of the community.

We submit that, for the Commission to determine that a taking of property is justified by

such a public need or the general interest of the community, the Government must

demonstrate that measured in the balance of equity, the urgency of the public need or

and the importance of the general interest outweighs the harm suffered by the persons

who are deprived of their property and thus are most immediately affected. This

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The summary demolition of homes, business premises, community structures, causing

loss of immovable property and movable property contained therein, without due

process of law, is a clear violation of the right to property under the Nigerian

Constitution and the African Charter. In order to take property, whether through

compulsory acquisition, destruction or otherwise, and not run afoul of the Constitution

and its international human rights obligations, the Rivers State Government must

proceed only in accordance with appropriate law and with available recourse to the

courts of law, with payment of prompt and adequate compensation, and for

demonstrated public need and in the general interest of the community.

Without taking such steps in the course of forceful acquisition and by further carrying

out a surprise demolition without enabling affected persons to remove or protect the

movable properties the Rivers State Government violated the property rights of

thousands of members of the Agip Waterfront community. We respectfully urge the

National Human Rights Commission to so hold.7.3. Violations of Right to Fair Hearing / Due ProcessWe submit that the procedures employed by the Rivers State Government in the

December 2004 April 2005 demolitions of the Agip Waterfront do not meet even the

minimum requirements of due processunder Section 36 of the Constitution, as arenecessary in a democratic state to limit the power of government vis--vis its people, or

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and involves a determination of the Agip Waterfront communitys civil rights by a

government authority. Indeed, a civil proceeding is the normal path to eviction. In point

of fact, there are procedures prescribed at law under the Land Use Act for compulsory

acquisition or under the Recovery of Premises Act for occupiers of premises that

ensure the opportunity to be heard and to have access to a court of law. Such a civil

proceeding are more in line with the requirements of Section 36(1) of the Constitution,

which would entitle affected residents to a fair hearing within a reasonable time by an

impartial and independent court of law or other tribunal established by law. In short,

evictions even by government should require a valid court order to proceed.

Even if the present action is characterized merely as an administrative action, i.e. an

executive determination of Agip Waterfront communitys civil rights, which would ignore

the enormity of the penalty being imposed by the demolitions/forced evictions, the

Constitution at Section 36(2) requires at a minimum that those affected have (1) an

opportunity to be heard and (2) the right to appeal the agency determination before itbecomes final and may be acted upon. The procedures laid out in laws such as the

Rivers State Urban and Regional Planning and Development Law, attempt to comply

with these minimum due process requirements before executive agency demolitions.

Why should demolitions of Agip Waterfront follow such grossly different standards?

For all the foregoing reasons, we submit that the methods by which the Rivers State

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Section 37 of the Constitution declares: The privacy of citizens, their homes is hereby

guaranteed and protected. We submit that the summary demolitions without adequate

notice or due process of law, which displaced thousands of residents and left them

homeless, living in the open, with families scattered and separated in search of any

available shelter, is clearly a violation of the right to private and family life . InAliyu Ibrahim v The Commissioner of Police , the Court found that forcefullydragging the applicant out of his home amounted to a violation of Section 37. Surely

the events here are at least as extreme we urge the National Human Rights

Commission to so hold.

We submit that the demolition exercise of the business premises and community

facilities in the Agip Waterfront has destroyed the livelihoods of thousands and thereby

threatens their non-derogable right to life as guaranteed by Section 34 of the

Constitution of the Federal Republic of Nigeria 1999, Article 4 of the African Charter,

and Article 6 of the International Convention on Economic, Social and Cultural rights(ICESCR). The right to livelihood is a vital component of the right to life because,without a livelihood, living itself becomes impossible. The Indian Supreme Court inOlga Tellis v. Bombay Municipal Corporation (2007) CHR 241, at page 22, a case dealing with the demolition of slum structures near Bombay, India, held as

follows:

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that [e]very individual has a right to education. Moreover, the Child Rights Act No. 26

of 2003, which gives domestic affect to Nigerias ratification of the Convention on the

Rights of the Child, includes numerous provisions on the rights of the child, including

the childs right to protection and care as necessary for the well-being of the child under

Section 2, right to survival and development under Section 4, and the right to the best

attainable state of physical, mental and spiritual health under Section 13, and the right

to education under Section 15. These rights are undergirded by the directive principle

contained in Article 18 of the Constitution. Lastly, Article 13 of the ICESCR protects the

right of everyone to education.

Relying on such authorities, the Community Court of Justice of the Economic

Community of West African States in the case of SERAP Vs. Federal Republic ofNigeria and Universal Basic Education Commission , ECW/CCJ/APP/08/08,recognized this right to education as enforceable in Nigeria. By virtue of the ECOWAS

Treaty, this decision is binding law in Nigeria.

By disrupting livelihoods and displacing thousands from their homes, we submit that the

demolitions have also jeopardized the ability of many children to attend school. We

submit, therefore, that these demolitions have violated the right to education of the

children evicted from Agip Waterfront and respectfully urge the National Human Rights

Commission to so hold.


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PETITION REGARDING FORCED EVICTION OF AGIP WATERSIDE COMMUNITIES BY THE RIVERS

STATE GOVERNMENT,DECEMBER 2004APRIL 2005

Submitted by:

Justice & Empowerment Initiatives (JEI) Nigeria

Social Development Integrated Center (Social Action)

Collaborative Media Advocacy Platform (CMAP)

Movement for the Survival of the Ogoni People (MOSOP)

ffidavit of nthony NgereborI, Anthony Ngerebor, Nigerian, Christian, Male, a retired civil servant in Rivers State,

residing in Opuoko, in Khana Local Government Area (LGA) of Rivers State do

hereby state as follows:

1. I was a resident of Eagle Island/U.S.T. Agip Waterfront (Agip Waterfront) atthe time of the December 2004-April 2005 demolitions and, therefore, I am

conversant with the facts below. Except where otherwise noted, the facts

below are based on my personal knowledge.

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were demolished, I paid them 500N per room per month. This was the same

arrangement for all the landlords in Ogoni Village.

5. That I lived in 10 rooms and rented out 42 rooms from my own structures. Bythe time of the demolition, I was charging tenants 1,000N per room per

month.

6. That right from the time I entered Ogoni Village, I became a chief. Therewere two other chiefs of Ogoni Village, and we were part of the broaderCouncil of Chiefs for all of Eagle Island/U.S.T. Agip Waterfront. Every month

we met and discussed rent, the village, and other community matters.

7. That in December 2004, on the day of the demolition, I was at work when aperson came to inform me that the government was demolishing Ogoni

Village. When I arrived, I saw some people running helter-skelter and therewas no way for people to pack their things out. My home was already

destroyed, and they were even destroying the churches. The children in the

nursery school were even driven out by a bulldozer. None of my property was

recovered.

8. That that same night I sent my family to Opuoko and I went to the buildingh k d f l d h b d f


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Submitted by:





AFFIDAVIT OF EDWIN LENYIE

I, Edwin Lenyie, Nigerian, Christian, Male, businessman, of 1 Empress Close, Ada

George in Port Harcourt Local Government Area (LGA) of Rivers State, do hereby

state as follows:

1. That I was born in the area known as Alhaji Village, located in at EagleIsland/U.S.T. Agip Waterfront (Agip Waterfront), in 1984.

2. That I was a resident of Alhaji Village, and my father (Late Chief Lenyie) wasone of the chiefs of Alhaji Village at the time of the December 2004-April

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Exhibit are some photographs of structures in the community at the timeof the demolition, evidencing the quality of construction that was common.

6. That my father first settled in the area that became known as Alhaji Village inthe mid 1970s, reclaiming some land from the creek using mud and sand.

Some other people did the same, and eventually the Ahorlu family came to

him and told him that the area belonged to them. He bought them a drink

and was given permission to use the land. Later, in the 1990s, the Ahorlu

family returned and demanded rent for use of the land, which all of thelandlords of Alhaji Village agreed to pay. At the time of the demolition, we

were paying 200N per room per month to the Ahorlu family.

7. That my father eventually built 5 structures using mud and zinc with a total of45 rooms. Our family my mother and father plus my two brothers and two

sisters lived in 5 rooms, while my father rented out the remaining 40 rooms.In the early 1990s my father dug a borehole as well.

8. That in 199697 my father acquired more waterfront for me to startreclaiming using mud and sand. By 1999 I was able to build my first 8-room

structure out of mud. I moved into the structure in 2001 and occupied 2

rooms, and in 2002 I started renting out the remaining 6 rooms. I planned to


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policemen. We thought the man had come to address the people, so some

of us went back. I heard the man tell the demolition squad that he wanted to

see the whole place demolished, right down to the river. I do not know who

this man was, but after he gave this order, the demolition squad was not

willing to listen to or discuss with anyone else from the community.

18.That, after hearing this order and seeing how the demolition squadresponded, I ran back to my house to try to salvage my belongings. By the

time I arrived, a swamp buggy in front of my house and the demolition wasunderway. I was only able to take one bag out from my house, which I ran up

to the road, before I ran to my fathers house to help my family. I helped my

younger brother to bring out one bag to the road where I discovered that my

other bag had been stolen. So I left my younger brother with the bag we had

carried out and ran back to my fathers house. By the time I returned, my

fathers house had been destroyed. My family and I lost most of ourpossessions, including our important documents, the stove, generators,

clothes, televisions, CDs, a music set, foams, and so on.

19.That the police and MOPOL tried to prevent returning residents of AgipWaterfront from reaching their houses to collect their belongings. As a

consequence, many people lost most of their properties to the demolition.


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23.That on that first night I slept on the ground with my family, including myyounger siblings who were between 9 and 16 years, because there was

nowhere else for us to go. We slept there for over a week before we found a

one-room bacha at Mgbuosimini that we rented.

24.That as a result of the demolition, a number of people fell ill and died.Amongst those who died are those detailed below and others, include one

Mr. Yormii, Chef T.O. Jaja

25.That my father, Chief Taekor Lenyie, was badly affected from the timesleeping outside; he fell ill and he never fully recovered. We took him to the

hospital several times and were told that his sickness was a result of the cold

he got while sleeping outside. He died in May 2006.

26.That my mother, Mrs. Lekara Christina Lenyie, died in 2011 due to highblood pressure and grief over my fathers premature death.

27.That around 1:30 p.m. on February 8, 2014 at the Social Action office onKaani Street in Bori, Rivers State, one Thankgod Yaabar, told me and I verily

believe:


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c. That Barkpon was a landlord with three buildings in Alhaji Village, andhe was not compensated for any of those buildings;

d. That after Alhaji Village was demolished, they had nowhere to go, andwere forced to squat where ever they could;

e. That, as a result of this devastation and the terrible living conditions,her son fell very sick;

f. That they eventually returned to their village of Baen; however,because he could not afford medical care, her son did not improve;

g. That in 2008, Barkpon Fanor died as a result of that illness, leavingbehind his wife and their three children; and

h. That, since his death, Nena, Barkpons wife, and his three childrenhave been struggling to survive.

29.That at around 2pm on February 8, 2014 at the Social Action office on KaaniStreet in Bori, Rivers State, one Lawrence Gbarawii, born in 1993 and aformer resident of Alhaji Village, told me and I verily believe:

a. That before the demolition, Lawrence resided in Alhaji Village with hismother, Yellow Gbarawii, and his elder brother;

b. That his mother was a landlady and owned a building and a hotel,which she ran as her business;

c. That Yellow was not compensated for either structure and lost her


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31.That at around 2:30pm on February 8, 2014 at the Social Action office onKaani Street in Bori, Rivers State, one Charity Noah of the village of Wawa

told me and I verily believe:

a. That Charitys sister, Blessing Noah Domine was a resident of Alhajivillage, where she ran a provisions store;

b. That one day Blessing went to market to buy provisions to sell at herstore, and when she returned she found that the government had

demolished her business and scattered everything she owned;

c. That she came to Wawa Village to squat with Charity shortlythereafter, and became very sick with hypertension;

d. That she kept saying that the money she had invested and lost wastoo much and, after just six months, Blessing died; and

e. That Blessing was only 26 at that time.32.That at about 2:30pm on February 8, 2014 at the Social Action office on

Kaani Street in Bori, Rivers State, one Samuel Gbignaa, born in 1988 and

former resident of Alhaji Village, told me and I verily believe:

a. That before the demolition Samuel lived with his mother, PatientGbignaa, in Alhaji village; and

b. That Patient became very sick with hypertension after the demolition,and that she died in May 2005.


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Annexed hereto and marked Exhibits E1 E2 are two statements fromMOSOP about the demolition posted on the Unrepresented Nations and

Peoples Organization (UNPO) website on March 13 and April 14, 2005.

35.That during and after the demolition, radio and newspapers reported on thedestruction; various human rights organizations, such as MOSOP and the

Institute of Human Rights and Humanitarian Law (IHRHL), issued press

statements condemning the demolition. An Australian journalist, Eric

Campbell, and videographer were able to take extensive video coverage ofthe demolition before they were arrested. Annexed hereto and marked

Exhibits F1 F3 is a press statement form IHRHL, a news article about thearrest of Eric Campbell during the demolition, and a DVD of video footage.

36.That, in 2008, we decided to pursue the matter before the Truth andReconciliation Committee (TRC) set up by Governor Amaechi. Annexedhereto and marked Exhibit G1 G3 is our submission to the TRC submittedon 23 May 2008, a subsequent letter to the Rivers State Governor dated 20

November 2008, and a request for an audience with the Rivers State

Commissioner of Urban and Rural Development dated 25 November 2008.

37.That the Rivers State Government did nothing in response to the


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Submitted by:





Expert ffidavit of Daniel ObriangoI, Daniel Obriango, Nigerian, Male, Christian, Geospatial Analyst, of 3 Oku Close,

Federal Housing Estate Rumeme, Port Harcourt Local Government Area, Rivers

State, do hereby assert the following:

1. That I obtained my Bachelors in Science in Geography in 2001 from theUniversity of Lagos, Nigeria.

2. That in 2007 I obtained my Masters of Science in Geographical InformationSystems with Remote Sensing from the University of Greenwich in Kent,


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Submitted by:





Expert ffidavit of Daniel ObriangoI, Daniel Obriango, Nigerian, Male, Christian, Geospatial Analyst, of 3 Oku Close,

Federal Housing Estate Rumeme, Port Harcourt Local Government Area, Rivers

State, do hereby assert the following:

1. That I obtained my Bachelors in Science in Geography in 2001 from theUniversity of Lagos, Nigeria.

2. That in 2007 I obtained my Masters of Science in Geographical InformationSystems with Remote Sensing from the University of Greenwich in Kent,


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3/17/2014 UNPO: Ogoni: The Demolition of the Agip Waterside


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March 13, 2005

Ogoni: The Demolition of the Agip Waterside

Between 80-90 percent of the shanty town known as Agip waterside in Port Harcourt has been demolished by theRivers State government in an exercise in which it is accused of giv ing inadequate notice and no compensation tolong and short term resident Summary

Between 80-90 percent of the shanty town known as Agip waterside in Port Harcourt has been demolished by theRivers State government in an exercise in which it is accused of giving inadequate notice and no compensation tolong and short term residents.

The demolition has affected poor shanty residents, churches, schools and small businesses which have developedin the area over a period of around fifteen years.

Human rights groups have raised an alarm over drastic impacts on families displaced by the demolition withthousands facing serious problems finding replacement shelter, disruption to marginal employment, and disruptionto schooling for those able to afford even basic education.

There has been no response to date from the Rivers State Government or Nigerian Agip Oil Company to appeals forassistance to those who are displaced from the waterside or who are still clustered in one or two remainingbuildings. The State government is breaching both the legal rights of many residents and is certainly ignoringInternational Conventions on the Rights to Shelter and Adequate standards of living.

Introduction

The AGIP waterside shanty town is located immediately behind and adjacent to the AGIP Industrial Area in PortHarcourt Rivers State and the University of Science and technology (UST) of Port Harcourt. The land occupied ismarginal, mostly falling between the road to Eagle Island and the expanse of creeks immediately behind the AGIPpremises with houses stretching from the fence line of the company several kilometres towards Eagle Island whichis the main road through the area.

The exact population of the Agip Waterside is unknown but by 2005 it had become one of the most denselypopulated areas of Port Harcourt, competing only with shanty towns in the Abonnemma wharf and other marginalareas of Port Harcourt. A typical s ingle room accommodation of 6m x 4m might sleep 3-4 people or more if childrenare involved. Estimates of the population are all in the thousands with the low end being around a conservative5,000 and most towards 10,000 or higher.

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3/17/2014 UNPO: Ogoni: The Demolition of the Agip Waterside


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Members

Ogoni

that AGIP had an interest in having the waterside area demolished. Residents reported being rebuffed and abusedby company representatives.

Monday, 28th February ,2005

Homans Engineering Company with a representative from the Department of Lands and Housing began demolitionwork which continued throughout the week with a small mobile police escort providing security.

Numerous accounts of residents only having time to retrieve clothing [or nothing at all if absent] before theirproperties are demolished.

Friday,5th March, 2005

MOSOP and other third parties make urgent efforts to contact AGIP over the increasing impact of the demolition.Copies of earlier correspondence provided to company staff and the head of Public Affairs is informed of concernsthat there is an urgent need to suspend the demolition. Visitors to the site are told by representatives from theState government that the exercise is being carried out as a part of Urban Development of Port Harcourt.

A pastor for the Apostolic Church ' reportedly arrested at the order of the State Director of Lands when presenting acopy of a Certificate of Occupancy dating to 1993 from the Rivers State government.Only released same evening on the community presenting the landlord who was immediately arrested and onlyreleased on the payment of bail to the Mobile Police who held him in Port Harcourt. Reportedly no interviewconducted or charges preferred.

Saturday,6th March ,2005

MOSOP President Ledum Mitee raises the matter of the demolition in person with the Rives State governor[receives assurances that people will be compensated]Third parties assured that AGIP Head of Public Affairs will call MOSOP President [no such call is ever received]

Demolition continues on Saturday 6th March and Sunday 7th March,2005

Monday, 8th March, 2005

A number of human rights groups based in Port Harcourt issue a public appeal to the Rivers State Government andto AGIP to suspend the demolition and pay urgent attention to the needs of people without adequate means ofsurvival being displaced by the demolition.

Agip Oil Public Af fairs manager writes in responds to correspondence of MOSOP f rom February 14th with an offer

to conduct a Joint Investigation to the area. No mention of any response from AGIP on humanitarian concernsregarding their immediate neighbours.

By this time around 70% to 80% of the waterside area has been demolished with areas which can only beaccessed by boat being the only with temporary immunity

Tuesday, 9th March,2005

MOSOP writes to AGIP Head of Public Affairs to suggest a meeting for Wednesday 10th March with AGIPmanagement as preliminary to any further step.No response is received

Members of the Agip waterside report that around 200- 300 persons without means to relocate are sleeping in oraround 2 churches which have not yet been demolished. Reports also indicate repeated declarations from officials


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UNPO: Ogoni: Nigerian Bulldozers Smash Shanty Town in Oil City http://www.unpo.org/article/2329


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3/16/2014 Journalists freed in Nigeria - National - www.theage.com.au


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Journalists freed in NigeriaBy Jesse Hogan

April 14, 2005 - 11:43AMTwo Australian journalists were arrested and held for three hours when they tried to film a shantytown inNigeria.

Foreign Correspondentexecutive producer Mark Corcoran told theage.com.authat the pair were not hurt

or troubled by the incident, despite claims by ABC camera operator Ron Foley that police kicked him inthe shin when they tried to seize his camera.

Foley, along with reporter Eric Campbell, was arrested in the southern city of Port Harcourt whilecompiling a story for Foreign Correspondenton Nigeria's oil industry.

The journalists had approached armed police officers guarding bulldozers that were destroying mud brickand corrugated iron shacks housing more than 5000 people near the Agip waterside neighbourhood.

When they asked if they could film, they were arrested.

A spokeswoman for the Department of Foreign Affairs told theage.com.authat local embassy staff wereaware of the arrests, but were not expecting requests for help.

"They have not received any request for consular assistance, probably because they (the journalists)have been released, and they don't anticipate they will," she said.

Mr Corcoran was immediately notified of the arrests by on-site producer Maryann Jolley, who was notarrested. He said the situation was not serious.

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State Government, saying they unduly target shanty towns inhabited by the Ogoni ethnic minority.

The movement charges the state and federal governments as well as oil multinationals have degradedtheir environment while offering few job options for farmers and fishers whose lands and waters havebeen polluted.

The movement was founded by activist-writer Ken Saro-Wiwa, who was executed along with eight others

by Nigeria's former military government in 1995.Port Harcourt is the main operational base for oil multinationals that produce Nigeria's daily oil exports of2.5 million barrels, making it the world's seventh largest petroleum producer.

Mr Campbell previously gained attention when he was injured in a bomb blast in Iraq in 2003. Freelancecamera operator Paul Moran, 39, was killed in the blast.

- with AP

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Copyright 2005. The Age Company Ltd.


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eagle island ust/agip waterfront communities petition to nhrc

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