Tuesday, 7 July 2015

Housing Right policies as lesson for nigeria


                                                                                       



Nigeria, the most populous black nation in Africa and the fourth largest economy in the continent have much to be desired when it comes to housing rights, overcrowding has for long characterized living accommodation in urban areas of Nigeria. Reports in common country assessment in united nation national system in 2001 indicate that there is enormous Nigerian population living in slum and still increasing continuously. 


The environment and standard of hygienic in a significant proportion of the houses in Nigeria urban centers are very poor as rightly observed in that report , majority of the houses provided by the private developers besides being expensive are deficient in providing the required minimum standards that mean healthy and comfortable living. A recent study in NEEDS 2004 shows that about 77 percent of Lagos households are living in substandard housing characterized by over crowding and is lacking basic amenities. 

The growing number of
homelessness in Lagos, and the scarcity of suitable accommodation for various cadres of civil servant including senior staffs in Abuja are further evidence of the problems of housing right in major Nigerian city. The problem according to reports on human factor in National Development indicates that urban centers manifest various developmental issues such as scarcity, cost the poor quality and over stressful environment. Apart from this, the breakdown of public structures and infrastructure is another major feature of Nigeria urban areas where it pointed out that in rural areas; there is virtually no overcrowding in demand for housing except the seasonal one experienced during the festival when people come to their roots for celebration. It went further that housing problem synonymous with rural housing is a qualitative issue where they display acute deficiency and are central to the issue of rights.


 The ratification and adoption of the millennium
development goal for decent shelter and the reduction in the number of slum dwellers has made it more glaring that many countries, Nigeria inclusive, has much to do. This is because of the far cry and failure in housing delivery when in the year 2000; it’s adopted “housing for all” strategy. The lesson to learn from the past and future started manifesting in 1992 when it was reported that Nigeria needed to construct 700,000 housing units per annum in order to attain the target of 8 million by the year 2000. 

Obviously then, far less number of building were constructed during that eight years period. Accordingly, the number of building that government had put up was very low, particularly as government seek less and less to be directly involved in housing programmes. Consequently, with the poor salary in Nigeria and high rate of poverty which is put at 76 percent presently, coupled with rising inflation and increased cost of building materials only
a negligible proportion of Nigerian can build a house or buy one from the private mortgage companies. 


Also, the provision of the National Housing Fund Decree (NHFD) requiring worker to pay 2.5 percent of their basic salary to fund another operation in the civil service, it is estimated that the lowest categories of civil servant of about 17,300 are to purchase a two bedroom house under the scheme and the highest paid civil servant may need up to 258 years contribution to pay for such a house excluding interest.


 Obviously, in the long run, the NHFD was unable to effectively achieve this aim to facilitate the mobilization of fund for the provision of houses at affordable price and to ensure constant supply of loans for the purpose of building, purchasing and improvement of residential houses,  “With-which the economic, political and social condition remains the upper most challenges in the 1990s in Nigeria,”. 


A recent report in 2009 on the review of
housing delivery effort in Nigeria, put the existing housing situation to 23 per 100 inhabitants, housing deficit is at 15 million, while 12 trillion will be required to finance the deficit. This is about four (4) times the annual budget of Nigeria. Home price rent on the other hand, has grown ahead of rent in the market, and has been inexhaustibly shifting towards expensive home. When Ministry of Housing and Urban Development discovered that the country needs about 10 million housing units before all Nigerians can be sheltered, the then administration of Olusegun Obasanjo came up with vision 2020 as one of its point agenda, one area that is to be addressed is the issue of housing, this policy eventually fall short of expectation during that period. There were many alleged cases of forceful eviction and demolition of houses which already, is making it more inadequate, some of which is Abuja and Ijora Badia experience. It was reported that not less than
300,000 rendered homeless mostly women and children, as expressed by UNCH in 2005. There were also clear evidences of forceful eviction that has been extensively used in Nigeria as a tool for urban re-engineering. In recent past, it was reported that 300,000 resident houses in July 1990 of Maroko in Lagos State are also victim under such claim that their community was prone to flooding and” unfit for human habitation. There was also a reported case of  government of Rivers State for allegation of forceful eviction of over 1,000,000 rainbow town resident in 2001, where it claim that the community harbor too many criminal. Also, the tragedy of eviction in built houses apartment of about 3,000 Maroko residents in April 2005, where it also claimed that it was helping citizen to flush out undesirable squatters. 


 Also in April 2005, Agip water community in Port-Harcourt, 5,000 to 10,000 was rendered homeless. Expectedly, as precarious as the situation, it
pushes for housing right and the need for the internationally acceptable best practice in housing best practice as a lesson as the case may be. It was against this backdrop housing becomes the right that must be attached with adequate importance that is  already been existing ever since it was indicated in article 25 of 1948 universal declaration of human right during the late 80s, it appears again in the United Nation general assembly (resolution 42/146), which reiterated the need to take at national and international levels, measures to protect the right of all persons  within adequate standard of living for themselves and their family, (including adequate housing). It also reaffirm these in Vienna declaration on human right paragraph 31 of 1993 that the right of everyone to standard of living, adequately shelter for health and well-being must include food and medical care, housing and the necessary social service” the Istanbul human settlement
summit (paragraph 8) of 1996 further reinforce  the commitments to full progressive realization of the right to adequate housing as provided for in international instrument.


 To this end, it state that “we shall seek the active participation of our problem, private and non-governmental partners at all levels to ensure legal security of tenure protection from discrimination and equal access to affordable adequate housing, land and property. international law in Nairobi in 2006,  also reiterate  the progressive legal obligation that entrusted the cornerstone of the international convention on economy, social and cultural right, which urge all states to make every effort towards achieving the full realization of the rights of citizens to  that convention. This indicate that the state will perform it fulfillment of realizing housing right in all the states levels  such that a status in which any significant numbers or individual is deprive of basic
shelter is prima-fasci falling to perform it obligation under the convention. In addition, any retrogressive measure such as false eviction are violation of the right to housing should be voided, state have a duty to respect, protect and fulfill housing right. Respecting obligations that state should not do anything that violate those rights, protecting their obligation; the state to prevent any other agency from violating people’s rights to housing, incorporating obligation both to facilitators or be enabled through national housing policy to provide for those whose housing is possible with their resources. 


On the right to adequate housing as enlarged by the committee on economic, social and cultural rights in 1991 in it general comment of number 4. It emphasized the right to adequate housing, the right to life, somewhere in security, peace and dignity. This consist of it element on legal security of tenure, availability of several material facility
and infrastructure, affordability, habitability, accessibility, location and cultural adequacy. Constitutional claims from different countries should realize that housing is recognized as national laws. This indicate the importance of best practiced housing right in Armenia’s (article 31) when its stipulate that every citizen is entitled to adequate standard of living for himself and his family, (article 23/3) in Belgium, says everyone has the right to enjoy a life in conformity with human dignity, their right in particular, is emphasizing the need to adequate housing.


 Article 178 of Laws of Honduras submitted that all Hondurans has the right to decent housing, the state, its reads’’ the state shall design and implement housing programme for social interest. Article 4 of Mexico says every family has the right to enjoy decent and proper housing, the law shall established the instrument and necessary support to reach its set of goals. 


Nicaragua
(article 64) outlined that Nicaraguans has the right to decent comfortable and safe housing that guarantee family privacy.  It stipulates that the state shall promote the fulfillment of this right. The Philippians article 13(9) states; that the state shall by law and for the common good undertake, incorporate with private sector a continuing programme of urban land reform and housing, which will make all available at affordable cost, decent housing and basic service to under-privileged and homeless citizens in urban and resettlement areas. Article 65(1) of Portugal says; everyone shall have right to himself and family to a dwelling of adequate size, satisfying standard of hygienic, comfort,  preserving, personal and family privacy. Article 47(1) of the Russian Federation stipulates that each person has a right to housing and that no one may be arbitrarily deprived of housing. Article 47 of Spain reads; all Spaniards have the right to enjoy decent and
adequate housing. 


This law indicates that the state should setup legal, social and economic environment in which household have adequate chance to fulfill their housing need. Indeed, Nigeria remain a signatory to article 14 of the African Charter on Human and People Right in 1981 on right to property but the Charter does  not provide right to adequate housing.


 Its indicate that section 30 – 42 chapter iv of the constitution of the federal republic of Nigeria grant right as follows; the right to life, the right to human dignity, the right to personal liberty, the right to fair hearing, the right to private and family life, the right to freedom of movement, the right to freedom from discrimination and the right to acquire and own property and the right to adequate payment and compensation for private property, compulsory taken by the government, it also explain the establishment of the federal housing authority and Nigerian building society which was
later renamed to federal Mortgage Bank of Nigeria, the promulgation of a law in 1990 mandating employers with 500 employees to establish, execute and maintain a housing scheme for it employee.


 `But In-spite of all these efforts, there are much to be done since no justifiable and claimable right to housing is entrenched in both international, continental and national housing right, an example is the Nigerian Land-use Decree of 1978, which was with the aim of promoting right to housing by providing accessibility to land for all Nigerians, and has being faulted in various quarters, in their quest to ameliorate these lingering challenges that still stands unresolved. The present administration acknowledge the need for its reform in its transformation agenda and indeed, its on going constitutional reform due to its perceived anomalies and ineffectiveness. At the end, it is hoped that we borrow a leave from those identified countries with having robust policies on
housing delivery for its people`    

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