further than a roof over one’s head. It extends to embody the individual’s right to be let alone and to
live in peace, whether under a roof or not.
62. The protection of the rights guaranteed in Articles 14, 16 and 18(1) leads to the same conclusion.
As regards the earlier right, and in the case of the Ogoni people, the Government of Nigeria has failed
to fulfil these two minimum obligations. The government has destroyed Ogoni houses and villages and
then, through its security forces, obstructed, harassed, beaten and, in some cases, shot and killed
innocent citizens who have attempted to return to rebuild their ruined homes. These actions constitute
massive violations of the right to shelter, in violation of Articles 14, 16, and 18(1) of the African
Charter.
63. The particular violation by the Nigerian Government of the right to adequate housing as implicitly
protected in the Charter also encompasses the right to protection against forced evictions. The African
Commission draws inspiration from the definition of the term “forced evictions” by the Committee on
Economic Social and Cultural Rights which defines this term as“the permanent removal against their
will of individuals, families and/or communities from the homes and/or which they occupy, without the
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provision of, and access to, appropriate forms of legal or other protection” . Wherever and whenever
they occur, forced evictions are extremely traumatic. They cause physical, psychological and
emotional distress; they entail losses of means of economic sustenance and increase impoverishment.
They can also cause physical injury and in some cases sporadic deaths…. Evictions break up families
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and increase existing levels of homelessness. In this regard, General Comment No. 4 (1991) of the
Committee on Economic, Social and Cultural Rights on the right to adequate housing states that “all
persons should possess a degree of security of tenure which guarantees legal protection against
forced eviction, harassment and other threats” (E/1992/23, annex III. Paragraph 8(a)). The conduct of
the Nigerian Government clearly demonstrates a violation of this right enjoyed by the Ogonis as a
collective right.
64. The communication argues that the right to food is implicit in the African Charter, in such
provisions as the right to life (Article 4), the right to health (Article 16) and the right to economic, social
and cultural development (Article 22). By its violation of these rights, the Nigerian Government
trampled upon not only the explicitly protected rights but also upon the right to food implicitly
guaranteed.
65. The right to food is inseparably linked to the dignity of human beings and is therefore essential for
the enjoyment and fulfilment of such other rights as health, education, work and political participation.
The African Charter and international law require and bind Nigeria to protect and improve existing food
sources and to ensure access to adequate food for all citizens. Without touching on the duty to
improve food production and to guarantee access, the minimum core of the right to food requires that
the Nigerian Government should not destroy or contaminate food sources. It should not allow private
parties to destroy or contaminate food sources, and prevent peoples’ efforts to feed themselves.
66. The government’s treatment of the Ogonis has violated all three minimum duties of the right to
food. The government has destroyed food sources through its security forces and state oil company;
has allowed private oil companies to destroy food sources; and, through terror, has created significant
obstacles to Ogoni communities trying to feed themselves. The Nigerian Government has again fallen
short of what is expected of it as under the provisions of the African Charter and international human
rights standards, and hence, is in violation of the right to food of the Ogonis.
67. The Complainants also allege that the Nigerian Government has violated Article 4 of the [African]
Charter which guarantees the inviolability of human beings and everyone’s right to life and integrity of
the person respected. Given the wide spread violations perpetrated by the Government of Nigeria and
by private actors (be it following its clear blessing or not), the most fundamental of all human rights,
the right to life has been violated. The security forces were given the green light to decisively deal with
the Ogonis, which was illustrated by the wide spread terrorisations [sic] and killings. The pollution and
environmental degradation to a level humanly unacceptable has made it living in the Ogoni land a
nightmare. The survival of the Ogonis depended on their land and farms that were destroyed by the
direct involvement of the government. These and similar brutalities not only persecuted individuals in
Ogoniland but also the whole of the Ogoni community as a whole. They affected the life of the Ogoni
th
society as a whole. The [African] Commission conducted a mission to Nigeria from the 7 to