45 per cent increase in electricity tariffs will violate UN ruling-SERAP
Socio-Economic Rights and Accountability Project (SERAP) has advised
Minister of Power, Mr. Babatunde Fashola to “ensure that regulatory
authorities are not allowed to get away with 45 percent increase in
electricity tarrifs by promoting compliance with the November 2013 ruling
on the matter by two UN special rapporteurs.”
This followed a nationawide protest on Monday by the Nigeria Labour
Congress and Trade Union Congress against the increase in electricity
tariffs, demanding an immediate reversal of the hike.
In a statement today signed by SERAP executive director Adetokunbo Mumuni
the organisation said, “Nigeria is an important member of the UN and have
voluntarily accepted its Charter and treaties. Therefore, any effort to
increase electricity tarrifs should be guided by the recommendations by
the UN and dialogue with organised labour and other stakeholders.”
The organisation noted that “The United Nations published the Joint Letter
of Concern sent to the government of former President Goodluck Jonathan in
which they expressed concerns that “access to electricity (and regularity
of supply) is a significant problem in Nigeria,” and raised eight
questions for the government to answer within 60 days.”
The letter with reference No NGA 5/2013 and dated 26 November 2013, and
signed by two special rapporteurs expressed concerns that “at the end of
2012, Nigeria with a population of about 160 million people only generated
about 4,000 megawatts of electricity, which is ten times less than some
other countries in the region with less population.”
The UN special rapporteurs argued that “all beneficiaries of the right to
adequate housing should have sustainable access to energy for cooking,
heating and lighting. The failure of States to provide basic services such
as electricity is a violation of the right to health.”
The rapporteurs Ms. Magdalena Sepúlveda Carmona, Special Rapporteur on
extreme poverty and human rights and Ms. Raquel Rolnik Special Rapporteur
on adequate housing sent the letter following a petition lodged last year
by a coalition of human rights activists, labour, journalists and lawyers
led by SERAP. The petition alleged that increase in electricity tarrifs
would “have detrimental impact on the human rights of those living in
poverty in the country.”
Consequently, the special rapporteurs wanted
answers to the following questions:
1.Are the facts alleged by SERAP and others accurate?
2.What kind of impact assessments were conducted to gauge the potential
impact of the electricity tariff increases on the human rights of people
living in extreme poverty in Nigeria? If so, provide details
3.Did public consultations take place, including with potentially affected
persons and especially people living in extreme poverty? If yes, please
give details of the dates, participants and outcomes of the consultations.
4.Was accessible and culturally adequate information about the measure
actively disseminated through all available channels prior to
consultation?
5.What measures have been put in place to ensure that the human rights of
people living in extreme poverty in Nigeria will not be undermined by the
increase in electricity tariffs? In particular, what measures are in place
to ensure that they can enjoy their right to adequate housing, including
sustainable access to energy for cooking, heating and lighting, which is
a component of this right?
6.Are there any accessible independent review or complaint mechanisms in
place, such as administrative mechanisms through the NERC Power Consumer
Assemblies (PCA), available for individuals to challenge the
classification of customers and/or the corresponding tariffs? If such
mechanisms exist, please give details.
7.What mechanisms exist to ensure transparency, accountability and regular
monitoring over the use of tariff revenue within the government? What
mechanisms are available to address allegations of corruption, or other
complaints? What mechanisms are in place to monitor and regulate service
provision by private actors, as required under the State's duty to
protect?
8.Please describe any existing policies or measures aimed to promote
affordability of electricity provision for people living in extreme
poverty. Are any subsidies already available and implemented? What is
being done to mitigate the hardship imposed by increased tariffs,
especially for persons living in poverty?
The special rapporteurs also wanted answers to the alleged “mismanagement
throughout the privatization process, and around 3.5 billion USD that has
been mismanaged annually over the last ten years, and a total of 16
billion USD released to improve electricity supply in the country that has
not been properly accounted for. The Business Units which have taken over
from the PHCN participate in large-scale corruption such as graft from
exorbitant consumer bills, rejection of payment to independent third
parties such as banks to keep management of funds secret, unprecedented
disconnection of consumers' power lines, general bribery and fraud amongst
staff, adding up to over NGN 1 billion extra charged to consumers
annually.”
According to them, “The increases in electricity tariffs, problems with
measuring electricity usage, lack of improvement in the quality of the
service and lack of transparency in the use of funds, reportedly
disproportionately impact on those with little disposable income, as well
as exacerbate the scarcity of energy supply for those who already cannot
afford electricity even if connected to the grid.”
They pointed to Nigeria's international obligations “under various
international human rights instruments and in particular: the
International Covenant on Economic, Social and Cultural Rights (ICESCR,
acceded to by Nigeria in 1993), the International Covenant on Civil and
Political Rights (ICCPR, ratified by Nigeria in 1993), the Convention on
the Elimination of All forms of Discrimination against Women (CEDAW,
ratified by Nigeria in 1985) and the African (Banjul) Charter on Human
Rights and People’s rights (ratified by Nigeria in 1983).”
“The human rights framework does not dictate a particular form of service
delivery and leaves it to States to determine the best ways to implement
their human rights obligations. However, the State cannot exempt itself
from its human rights obligations when involving non-State actors in
service provision. On the contrary, when non-State actors are involved in
service provision, there is a shift to an even stronger focus on the
obligation of the State to protect,” the special rapporteurs added.
They further argued that, “As part of its obligation to protect, the State
must safeguard all persons within their jurisdiction from infringements of
their rights by third parties. Involving non-State actors in service
provision requires, inter alia, clearly defining the scope of functions
delegated to them, overseeing their activities through setting regulatory
standards, and monitoring compliance.”
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