ll-CONSIDERATION OF THE ALLEGED VIOLATIONS 63. The Plaintiff alleged violation of Articles 1, 2,3, 4,5, 9, 14, 15, 16, 17, 21, 22, 23 and 24 of the Charter, Articles 1, 2, 6, 9, 10, 11, 12.1, 12.2, 12.2(b) of the International Covenant on Economic, Social and Cultural Rights, Articles 1, 2, 6, 7 and 26 of the International Covenant on Civil and Political Rights, Article 15 of the Universal Declaration of Human Rights. The Plaintiff particularly brings claims in respect of violation of the right to an adequate standard of living — including adequate food — and the violation of the right to economic and social development. Argument advanced by the Plaintiff 64. Plaintiff argues that Article 11 of the International Covenant on Economic Social and Cultural Rights establishes “the right of everyone to an adequate standard of living-- including adequate food”. The right to adequate food requires States to ensure the availability and accessibility of food. Availability includes being able to feed oneself directly from productive land or other natural resources. They submit that the Nigerian natural resource upon which has contravened its government has clearly failed to protect the people depend obligation to ensure for food in the Niger Delta, and the availability of food in that thousands of oil spills and other environmental damage to fisheries, farmland and crops have occurred over decades without adequate clean-up. They referred to African Commission’s decision in the Ogoni case to the effect that Nigeria had violated the right to food by allowing private oil companies to destroy food sources and submitted that several years after this decision, the government Covenant and of Nigeria the has African continued Charter to violate its obligations by failing to take effective under measures the to enforce laws to prevent contamination and pollution of the food sources (both crops and fish) by private oil companies in the Niger Delta. 65. They submit that Article 6 of the ICESCR obliges State Parties to recognize the right of everyone to the opportunity to earn their living by work and as such the Government of Nigeria is obliged to take all necessary measures to prevent infringements of the right to earn a living through work by third parties. 18|Page

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