pursuant

to Articles 55, 56 and 58 of the African Charter on Human and Peoples’ Rights;

regarding
actions of the Federal Military Government of Nigeria, a member state of the Organization of African Unity and a state party to the African Charter on Human and Peoples’ Rights, having ratified the Charter on 22nd July 1983;

involving
the widespread contamination of soil, water and air; the destruction of homes; the burning of crops and killing of farm animals; and the climate of terror that has been visited upon the Ogoni communities in violation of their rights to health, a healthy environment, housing and food;

alleging

• violations of Articles 2, 4, 14, 16, 18, 21, and 24 of the African Charter, in addition to violations of corresponding provisions of the:
• Universal Declaration of Human Rights (UDHR) U.N. Doc. A/810, 71 (1948)
• International Covenant on Economic, Social and Cultural Rights (ICESCR), U.N. Doc. A/6316 (1966) ratified by Nigeria Oct. 1993)
• The International Convention on the Elimination of all Forms of Racial Discrimination (ICERD), U.N.T.S. 195 (1966) (ratified by Nigeria, Oct. 1967)
• Convention on the Elimination of All Forms of Discrimination Against Women, U.N. Doc. A/RES34/180 (1980) ratified by Nigeria June 1985)
• International Convention on the Rights of the Child (CRC), U.N. Doc. A/RES/44/25, 1989 (ratified by Nigeria Apr. 1991);

seeking
consideration of the Complaint by the African Commission under Articles 55 and 56, and special attention by the Assembly of Heads of State and Government of the O.A.U. and an in-depth study by the African Commission pursuant to Article 58, based on the series of serious and massive violations alleged;

noting
that domestic remedies do not bar the communication because of the futility of legal action in Nigeria resulting from the operation of ouster clauses contained in military decrees removing jurisdiction of the courts from entertaining human rights cases (see e.g. Federal Military Government of Nigeria, Decree No. 114, 18th November, 1993, art. 13(1): Notwithstanding anything contained in the Constitution of the Federal Republic of Nigeria, 1979, as amended, the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act or any other enactment, no proceeding shall lie or be instituted in any court for or on account of any act, matter or thing done or purported to be done in respect of this Decree);

brought by
The Social and Economic Rights Action Centre (SERAC), a non-governmental, non-partisan and voluntary initiative concerned with the promotion of economic and social rights in Nigeria. And The Centre for Economic and Social Rights (CESR), a New York-based, non-governmental organization devoted to the promotion of economic and social rights on a global scale.

BACKGROUND