SERAP v. Nigeria, Ruling, Suit No: ECW/CCJ/APP/08/09 and RUL. No: ECW/CCJ/APP/07/10 (ECOWAS, Dec. 10, 2010) 1/25/21, 1:48 PM and other pollutants resulting in breathing problems, skin lesions and other health problems, but their common concerns are not taken seriously or addressed. 10. The Defendants individually and/or collectively are internationally obligated to respect, protect, promote, ensure and fulfill the right to an adequate standard of living in the Niger Delta. 11. The Federal Republic of Nigeria is a signatory to the International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights; and the African Charter on Human and Peoples' Right. The Federal Republic of Nigeria is also a signatory to the Revised Treaty of the Economic Community of West African States dated 24th July 1993. 12. Although the government of Nigeria has some regulatory systems in place, the evidence from the Niger Delta is that these do not work. By failing to deal adequately with corporate actions that harm Human Rights and the environment, the government of Nigeria has compounded the problem. A culture of impunity has been reinforced for oil companies in the Niger Delta because of lack of effective sanctions for bad practices that undermine Human Rights. 13. The failure of the government to allocate sufficient funding, via NNPC, to ensure safety and prevent pollution related to oil operations has contributed to violations of the Human Rights of the people of the Niger Delta. However, government's failure to protect rights does not absolve the non - state actors (Defendant herein) from responsibility for their actions and the human rights impact thereof. 14. When companies undermine or abuse Human Rights, it is sometimes the of genuine lack of knowledge, but more often it is a consequence of lack of due diligence and proper planning, or of deliberate actions. The defendants individually and/or collectively either actually caused the Human rights harms herein highlighted contributed to them significantly. 15. The 4th - 9th Defendant herein aided and abetted the 1st - 3rd Defendants in the violations of Human Rights highlighted above. The 4th - 9th Defendants are active participants in the serious violation of the Human Rights of the Niger Delta people. ORDERS SOUGHT BY THE APPLICANT 16. A DECLARATION that anyone in the Niger Delta is entitled to the internationally recognized human right to an adequate standard of living, including adequate access to food, to healthcare, to clean water, to clean and healthy environment, to socio - economic development and right to life and human security and dignity. 17. A DECLARATION that the failure and/or complicity and negligence of the Defendants individually and/or collectively to effectively and adequately clean up and remediate contaminated land and water; to address the impact of oil- related pollution and environmental damage on agriculture and fisheries; and to establish an effective system of monitoring the impact of oil on humans, is unlawful and a breach of international Human Rights obligations and commitments as it violates the International Covenant on Economic, social and cultural Rights, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples' Rights. http://www.worldcourts.com/ecowasccj/eng/decisions/2010.12.10_SERAP_v_Nigeria.htm Page 3 of 13