FIWON Condemns Clampdown on Street Traders in Lagos
The Federation of Informal Workers’ Organizations of Nigeria (FIWON) hereby condemns in
unequivocal terms the new frenzy with which the Lagos Government is implementing the
vexatious 2003 Lagos State Street Trading and Illegal Markets Law. In a press release made available to SECURITY MONITOR by Gbenga Komolafe, FIWON Secretary General, the group noted that such a
law since its enactment and the gestapo methods and structures that were established to
implement it among which is the obnoxious Kick Against Indiscipline (KAI) Brigade as well as
the Black Maria trucks used to ferry ‘captured’ traders to prison, has been nothing but one long
gross violation of the fundamental rights of Nigerians, to move around freely and earn their
livelihoods. The Black Maria, historically used to ferry hardened criminals has found new use to
transport street vendors abducted by the so called KAI brigades to prisons in Lagos state and
various organization as well as men and women of conscience have found reasons to condemn
this terrible assault on the poor.
The FIWON leadership finds it shocking and absolutely reprehensible that at a time that
overwhelming numbers of Nigerians are groaning under a biting economic depression
occasioned by Government’s failure to develop the productive forces of the society through
sensitive investment in critical sectors of the economy including refineries, electricity, roads etc
while leading functionaries of Government at all levels have been fingered in various financial
heists and theft of public resources in the magnitude of trillions of naira, the Lagos state
government would be engaged in acts capable of inflicting more pain on the poor and vulnerable
members of the society. We also find it necessary to emphasize that the 2003 law which is now
being viciously implemented violates both international law especially Article 25 of the
Universal Declaration on Human Rights and Sections 14 and 16 of the Nigerian 1999
Constitution. It is also pertinent to note that the 2016 African Regional Meeting on the UN
Habitat 111 which held in Abuja recently under the auspices of the Federal Minister of Housing,
Hon. Babatunde Fashola expressly condemns acts that inflict violence on the rights of the poor to
access public spaces for the purpose of carrying out their legitimate livelihoods. The Meeting
also made far reaching recommendations for equitable and sustainable use of public spaces.
According to Habitat 111 Policy Paper on the Right to the city and Cities for All, Feb. 2016,
“The Right to the City envisions a socially and spatially just distribution and planning of
material resources, ensuring good living conditions across the human settlement continuum.
These resources, accessible in both formal and informal sectors and areas, are defined by
acceptable quality standards, and include: public space and the urban commons; investments in
basic infrastructures and services (e.g. water, electricity, waste, and sanitation); appropriate,
accessible and affordable transportation options; appropriate and dignified housing and
settlements; equitable livelihoods, opportunities, and decent jobs, including solidarity and
circular economy initiatives; education; healthcare; and investments in the preservation of
ecosystems and biodiversity, and in climate change protection. This pillar envisions all
inhabitants, particularly women, as caretakers and as protagonists in the delivery and enjoyment
of these resources for a full life. In this respect, it also requires recognition and specific
measures targeting marginalized groups (e.g. young people, migrants and refugees,
informal workers, and the differently abled).”
Finally FIWON wishes to publicly state that often quoted resolve of the Lagos State government
to build a ‘mega city’ while seemingly attractive is actually extremely backward, alienating,
repressive, insensitive and capricious policy when interpreted to mean that the poor and
vulnerable are to be excluded from making use of public spaces to earn meager livelihoods. We
wish to expressly state that even in advanced, developed societies, street vending is not only
allowed but government strives to make inclusive, laws that allow participatory regulation of the
use of public spaces. For instance, a 2015 government policy on street trading in the U.K.
recommends inter alia that:
? “amending street trading legislation so that undue restrictions on licences for pedlars and
street traders are removed
? removing the requirement for a pedlar to have lived in the area where he or she wants to
operate…”
Commenting on the new policy, the British Consumer Affairs Minister Jo Swinson said:
“Street traders play a vital role in vibrant marketplaces right across the UK. These changes will
ensure that shoppers can have confidence that street traders have undergone proper checks before
trading, while making those checks simple and straightforward.
Street trading stalls are an important part of British culture and offer a great place to shop. We
want a system that is fair for everyone who wants to sell and buy goods.”
Proposed amendments to the British Pedlars Act strives to ensure that –
“The reforms will also remove a requirement for traders to prove that they have lived in an area
they wish to trade in for at least one month. This was not compliant with European law and
restricted enterprise unnecessarily.
The changes will help to reduce barriers to street traders and pedlars by making it easier to trade,
boosting retail and helping small traders – including many young entrepreneurs – to expand and
grow. (See https://www.gov.uk/government/news/street-trading-and-pedlary-laws-to-be-
modernised .
Also in India, following a judgment of the Supreme Court of India in 2010 which recognized
street vending as a source of livelihood, the Government of India worked out a central
legislation, and a draft of same was unveiled on November 11, 2011. India is the first country to
create and adopt a progressive, centralized legislation relating to street trading.
The Bill has several provisions to protect social security and human rights while delegating some
responsibilities to local decision making bodies. The law represents an important milestone in
recognizing street vendors as important members of the urban economy while guaranteeing then
representation in urban planning processes. (See http://wiego.org/informal_economy_law/street-
vendors-and-law)
If indeed this is a democracy, the enactment of spurious laws to satisfy the hackneyed taste of our
neo-elites in flagrant violation of the constitution must be discontinued. While we concede that
government has a responsibility to regulate the use of public spaces, we also insist such effort at
regulation should strive at positive engagement of all stakeholders while policies and programs
must be inclusive and participatory. FIWON therefore uses this space to call on the Lagos State
Government to:
- Abrogate the so called 2003 Lagos State Street Trading and Illegal Markets Law
immediately.
- Commence a genuinely participatory process of drawing up a new public policy that
would regulate the use of public spaces with relevant government investment in the
creation of easily accessible modern open markets as we have all over the world, simple
neighbourhood markets and sales clusters as well as construction of more side – walks
and setbacks on urban community roads.
- Stop forthwith the spate of indescriminate arrests of traders and the use of the inhuman
Black Maria trucks to convey hapless Nigerians whose only crime is to try and survive on
the streets, to jail.
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