Blame yourself for poor electricity supply, SERAP tells FG
This followed disclosure this week by the Federal Government
that the nation has recorded a loss of over 2,000 megawatts in the national
grid due to shortage of gas supply to the thermal plants.
SERAP in a statement by its Executive Director, Mr
Adetokunbo Mumuni in Lagos on Tuesday, said “To date, the government has not
responded to the eight crucial questions raised by the UN on the unfair and
discriminatory electricity tariff and the pervasive level of corruption in the
electricity sector. The unfortunate result is that Nigerians are made to pay
for ‘electricity’ they never enjoy.
“The investment of over $30 billion in the electricity
sector in the past 15 years has brought nothing but darkness to millions of
Nigerians. The President-elect Muhammadu Buhari should as a matter of priority
probe where the $30 billion has gone and work with the UN mechanisms to ensure
the full and effective implementation of their recommendations.”
It will be recalled
that Ms. Magdalena Sepúlveda Carmona, Special Rapporteur on extreme poverty and
human rights and Ms. Raquel Rolnik Special Rapporteur on adequate housing
United Nations published Joint Letter of Concern sent to the government of
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 rapporteurs also said that, “Less than 50 per cent of
registered electricity customers have access to electricity meters, and ongoing
inaccuracies in measuring electricity usage will continue to hinder fair
electricity access and exchange.”
They wanted answers to the alleged “mismanagement throughout
the privatization process, and around $3.5 billion that has been mismanaged
annually over the last ten years, and a total of $16 billion 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 N1 billion extra charged to
consumers annually.”
The letter with reference No NGA 5/2013 is dated November 26, 2013, 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.
“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. Electricity must be provided without discrimination
towards people living in poverty and that no one should be denied access to
essential services because of an inability to pay.”
The rapporteurs sent the letter following a petition by a
coalition of human rights activists, labour, journalists and lawyers led by
SERAP. The petition alleged that the implementation of the Multi-Year Tariff
Order II (MYTO II) by the Nigerian Electricity Regulatory Commission (NERC) is
“having detrimental impact on the human rights of those living in poverty in
the country.”
Consequently, the special rapporteurs wanted answers to the
following questions: Are the facts alleged by SERAP and others accurate?; 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; Did
public consultations take place, including with potentially affected persons
and especially people living in extreme poverty, prior to the adoption of the
new Multi-Year Tariff Order II? If yes, please give details of the dates,
participants and outcomes of the consultations.
Was accessible and culturally adequate information about the
measure actively disseminated through all available channels prior to
consultation?
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?
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.
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?
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?
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.
"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.
“Given the fact that in Nigeria electricity provision has
been outsourced to the private sector, the obligation remains for the Nigerian
government to ensure that private sector actions do not result in violations of
the right to an adequate standard of living,” the special rapporteurs argued.
Comments
Post a Comment