‘Governments have a duty to respect their citizens, not only through
appropriate legislation and enforcement, but also be protecting them from
damaging acts that may be perpetrated by private parties.’
SERAC Case, para 57
The communities were also not consulted before the companies began operation. Security
forces were unleashed to attack, burn and destroy their villages, homes and farmlands whenever
they tried to protect. The complainants alleged that these activities of the Nigerian government
violated the rights of the Ogoni people to enjoy the best attainable state of physical and mental health,
clean environment, property, natural resources and adequate housing.
‘The right to food is inseparably linked to the dignity of human beings and is therefore
essential for the enjoyment and fulfillment of such other rights as health, education, work and political
participation….. The minimum core of the right to food requires that…government should not destroy
or contaminate food sources.’
SERAC Case, para 65
The Commission found the Nigerian government in violation of the Charter. It appealed to
the government to stop attacks on Ogoni communities, ensure adequate compensation for victims
of the violations and also to undertake appropriate environmental and social impact assessments for
future oil development.
Jonah Gbemre v. Shell, NNPC AGF (supra)
101