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ECOWAS Court Orders Côte d’Ivoire to Pay CFA50 million for Violation of Citizens Rights
ECOWAS Court Orders Côte d’Ivoire to Pay CFA50 million for Violation of Citizens Rights
By: Michael Mike
The ECOWAS Court of justice on 30th of November, 2023, declared the State of Côte d’Ivoire liable for violation of rights of Adou Kouamé and nine other Ivorians, and ordered the Ivorian government to pay 50 million CFA Francs to each of them as compensation.
In its judgement delivered by Hon Justice Ricardo Claúdio Monteiro Gonçalves, Judge Rapporteur, the Court declared that the Respondent – State of Côte d’Ivoire violated the right to healthy environment and health, right to private and family life, right to adequate standard of living and food, right to freedom of religion and right of minorities to have their own culture.
However, the Court dismissed the Applicants – Adou Kouame and Others’ claim that their right to property was violated, for lack of sufficient evidence of ownership. The Court also declared the second, thirteenth and fourteenth Applicants in the suit as improper parties before the Court, stating that they did not present evidence showing their relationship with the parents they claimed to be representing respectively. The Applicants request for collective compensation was dismissed by the Court too.
In the case with suit number ECW/CCJ/APP/08/21, the Applicants – Adou Kouame, village head of Similimi and 14 other residents, claimed that the State of Côte d’Ivoire’s failure to protect them from the negative effects of the mining activities in their community violated their right to healthy and sustainable environment, and health, right to religious and cultural freedom, right to private and family life, right to adequate standard of living and food, and right to property guaranteed under international laws cited in the application.
The Applicants’ lead counsels, Mr Rashidi Ibitowa, Ms Geneviève Aïssata Diallo and Mr Jonathan Kaufman argued that the Ivorian government did not “take measures to give effect to human rights protected by international law,” adding that the mining operations have had adverse effects on plantations, forests, rivers and places of worship causing them health hazards from polluted water, polluted air, explosions, noise pollution and ground tremors. And that their ancestral places of worship were destroyed by the mining activities including altars for sacrifices and they are of the opinion their ancestors are angry with them because their prayers and invocations were no longer answered.
They also asked the Court to hold the State liable for failure to validate the impact assessment results of 2010 that would have resettled them, adding that the Ministry of Mining and Geology renewed the mining licence of the company in 2018 despite the fact that the environmental damage persisted, and the company had not fulfilled its obligations.
They demanded 12 billion CFA francs as compensation for the estimated 600 residents of Similimi, and another 3 billion CFA francs for the Applicants for the prejudice suffered, and an order for their resettlement, among other reliefs.
The Respondent – State of Côte d’Ivoire said that following the exploitation of the mines, and the residents’ demand for compensation from the mining company as well as complaint of adverse effect on water and human health, the Minister of Environment engaged its agencies – Ivorian Anti-Pollution Centre (CIAPOL) and the National Environment Agency (ANDE) and that their reports led to the suspension of the activities of the mining company by an Order of 11 November 2015.
However, the company was allowed to resume activities in 2016 while implementing corrective measures, adding that periodic meetings between all parties continued until 2020 and that a general meeting was also held in 2021.
The Respondent asked the Court to declare the case inadmissible arguing that the matter was within the jurisdiction of national courts and that the claims of the Applicants were ill-founded and should be dismissed.
In the judgment, the Court which held that the matter was within its jurisdiction, also asked the State of Côte d’Ivoire to ensure the residents of Similimi community located in Bondoukou district in Côte d’Ivoire were resettled in compliance with relevant laws, ensure a healthy environment is restored rapidly, end the ongoing environmental degradation, and hold the perpetrators responsible for the environmental degradation.
The State of Côte d’Ivoire was ordered to bear the cost of litigation, and submit to the Court within three months, measures taken to implement this judgment.
Also on the bench were Justices Edward Amoako Asante (presiding) and Dupe Atoki (Member).
ECOWAS Court Orders Côte d’Ivoire to Pay CFA50 million for Violation of Citizens Rights
News
Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA
Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA
By Zagazola Makama
Troops of the 1 Brigade of the Nigerian Army operating under Operation FANSAN YANMA have neutralised a suspected terrorist and recovered arms during an offensive operation in Shinkafi LGA.
Security sources told Zagazola Makama that the operation was carried out on March 13 by troops of CT 5, who launched a deliberate clearance mission targeting terrorist camps located at Tubali and Zangon Danmaka.
The sources said the operation followed credible intelligence on the presence of armed bandits and other criminal elements using the locations as operational hideouts.
During the operation at Tubali, troops made contact with the suspected terrorists and engaged them in a brief gun battle, forcing the criminals to flee into nearby forested areas.
“During the engagement, one terrorist was neutralised, while others escaped with possible gunshot wounds,” the source said.
Following the encounter, troops conducted exploitation of the area and recovered one AK-47 rifle, a magazine containing two rounds of 7.62mm special ammunition, and a motorcycle believed to belong to the fleeing terrorists.
The recovered items were secured by the troops while further search operations were carried out around the camp to ensure that no other threats remained in the vicinity.
The sources added that when troops advanced to Zangon Danmaka, no contact was made with terrorists as the suspects were believed to have fled the area ahead of the troop arrival.
However, troops maintained dominance in the general area while conducting further patrols and surveillance operations aimed at preventing the terrorists from regrouping.
Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA
News
Troops arrest suspected ISWAP spy in Kanama, Yobe
Troops arrest suspected ISWAP spy in Kanama, Yobe
By Zagazola Makama
Troops of 159 Battalion in collaboration with members of the Civilian Joint Task Force have arrested a suspected spy linked to terrorists operating in the North-East in Kanamma Yobe state.
Security sources told Zagazola Makama that the suspect, identified as Malam Fantami, a native of Dikwa was apprehended during a security operation by troops deployed in the area.
The sources said the suspect was intercepted following credible intelligence indicating that he might be working as an informant for terrorists affiliated with the ISWAP.
According to the sources, items recovered from the suspect at the time of his arrest included a mobile phone, a smart watch, prayer beads, a motorcycle key, and a cash sum of ₦7,000.
Preliminary examination of the suspect’s mobile phone by security personnel reportedly revealed several suspicious materials, including photographs of motorcycles, large sums of cash, AK-47 rifles and other items believed to be linked to terrorist activities.
“The discovery of these materials has raised serious suspicion about the suspect’s role as a possible logistics informant or intelligence asset for insurgent elements operating in the region,” the source said.
The suspect is currently in military custody, where he is undergoing further interrogation to determine the extent of his involvement with terrorist networks and to identify possible collaborators.
The military high command said the arrest forms part of ongoing counter-terrorism efforts by troops in the North-East aimed at dismantling the intelligence and logistics networks that support insurgent operations.
Kanama, located in Yunusari Local Government Area of Yobe State near the border with Niger Republic, has remained an important corridor frequently exploited by insurgent groups for movement and supply activities.
Troops arrest suspected ISWAP spy in Kanama, Yobe
News
Troops repel ISWAP attack in Bita, Borno
Troops repel ISWAP attack in Bita, Borno
By: Zagazola Makama
Troops of Operation HADIN KAI successfully repelled an attack by terrorists suspected to be members of ISWAP in Bita area of Borno state following a fierce overnight encounter.
Security sources said the attack began at about 1:09 a.m. on Saturday, when the insurgents launched a coordinated assault on troops of the 26 Task Force Brigade deployed in the Bita axis.
According to the sources, the terrorists attempted to overwhelm the troops’ position but were met with stiff resistance from the soldiers who engaged them in a sustained gun battle.
“In a decisive and coordinated operation, gallant troops of Operation Hadin Kai launched a simultaneous land and air assault on terrorist positions in Bita in the early hours of today,” the source said.
The coordinated response involved ground troops engaging the insurgents while aerial support conducted precision strikes and surveillance over the battlefield, forcing the attackers to retreat.
The intense engagement compelled the terrorists to withdraw towards their enclaves after suffering heavy pressure from the combined land and air assault.
Following the withdrawal of the insurgents, troops immediately commenced exploitation operations to pursue fleeing elements of the terrorist group and prevent them from regrouping.
Troops repel ISWAP attack in Bita, Borno
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