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

Plot 758

Chief Thomas Adeboye Drive

Omole Phase 2

Isheri

Lagos

Postal

P.O. Box 13616

Ikeja-Lagos

Nigeria

Tel: 234.1.764.4299

info@serac.org

www.serac.org

February 27, 2013 Marie Francoise Marie-Nelly Country Director, Nigeria 102 Yakubu Gowon Crescent Opposite ECOWAS Secretariat P.O. Box 2826, Garki Abuja Nigeria Dear Mrs. Marie-Nelly: MASS FORCED EVICTION OF INTENDED BENEFICIARIES OF “SLUM UPGRADE” ACTIVITIES UNDER WORLD BANK-FUNDED PROJECT IN LAGOS; CLEAR VIOLATIONS OF WORLD BANK OPERATIONAL POLICIES I write urgently regarding an ongoing demolition of the Badia East community in the Apapa-Iganmu Local Government Area of Lagos State. The Social and Economic Rights Action Center (SERAC) stands as Counsel of record to members of the community. We have been instructed to report the Lagos State Government’s repeated failure to abide by the World Bank Safeguard Policies and the specific Resettlement Policy Framework that forms part of its agreement with the World Bank for the $200m Lagos Metropolitan Development and Governance Project (LMDGP). Badia is one of nine communities selected for “urban upgrading” activities under the LMDGP. Sadly, while accepting World Bank funding for such activities, the Lagos State Government continues to forcefully evict the very slum residents who are the Project’s intended beneficiaries. On Saturday, February 23, 2013, the Lagos State Government began a massive demolition exercise on the Oke-Ilu-Eri area and neighboring portions of the Badia East community. None of the residents whose homes have been demolished – numbering in the thousands thus far – received prior notice of the demolition. For further details, please find attached a press release SERAC issued the day after the demolition began, including eyewitness reports, and several news articles published in recent days. This demolition follows on similar unlawful and unnecessary forced evictions of residents in Badia and other host communities to “urban upgrading” activities under the LMDGP. In March 2012, over 300 houses in Badia were set ablaze by the Lagos State Kick against Indiscipline (KAI) Brigade or otherwise demolished without notice to make way for the construction of a drainage canal built under the Project. The LMDGP has only just paid compensation to residents displaced by the KAI Brigade. From July 16-21, 2012, the Lagos State Government carried out another massive demolition of houses built on water in Makoko and Iwaya, two other slum communities meant to benefit from “urban upgrading” activities under the LMDGP. Thousands of residents were left homeless and further impoverished in a violent demolition exercise in which police killed one man, arrested twelve unarmed residents, and injured numerous others. In April and December 2010, the Lagos State Government carried out two forced evictions in other portions of Makoko. In all instances, notice was grossly inadequate and there was no prior consultation with affected persons. No compensation or alternative accommodation whatsoever has been provided.

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

From all of the above, it is clear that the Lagos State Government has absolutely no intention of carrying out good faith “urban upgrading” for the benefit of slum residents as envisioned in the LMDGP. The mass forced evictions described above not only constitute grave violations of international law, they are also clear contraventions of the Resettlement Policy Framework that the Lagos State Government committed itself to for purposes of obtaining World Bank funding. This framework, in line with the World Bank’s Operational Policy 4.12 on Involuntary Resettlement, mandates the Lagos State Government to avoid and minimize involuntary resettlement of project-affected persons. When absolutely unavoidable, involuntary resettlement should proceed only with important safeguards, including prior notice and consultation, provision of compensation and resettlement, and availability of grievance mechanisms for those affected. The Lagos State Government’s repeated violations of the LMDGP Resettlement Policy Framework and Operational Policy 4.12 are of grave concern to SERAC and to me as a personal matter. I personally served on the Project Steering Committee for the LMDGP for over five years until, in July 2012, I resigned from the Steering Committee in protest over the ongoing demolition of the Makoko / Iwaya waterfront communities by the Lagos State Government. Please find attached a copy of my resignation letter, which was sent to the World Bank at that time. Please note that a team of SERAC staff will be in Abuja from February 28 – March 4, 2013 and would very much appreciate an opportunity to meet with members of the World Bank’s Nigeria Country Office to discuss these concerns. To arrange a meeting, please communicate with Megan Chapman at megan.c@serac.org or 08169845410. Thank you in advance for your prompt attention to this urgent matter. Yours sincerely,

Felix Morka, Esq. Executive Director Cc: Indira Konjhodzic

1818 H Street NW Washington DC 20433 USA