A rights-based approach to indigenous minorities : focus on the Urhobo and Ogoni peoples of the Niger Delta in Nigeria

Abstract

Indigenous people (IP) and minorities (IM)have similar problems of political, economic, and social marginalisation. The Nigerian government (hiding behind the veil of the African Union) does not recognise the indigenous status of deserving ethnic groups. This has left indigenous minorieties unprotected. Considering the situation in Africa generally, and in Nigeria specifically, this research work is aimed at answering the following questions: (1) Will the protection and promotion of the rights of IP in Africa not be effective if they are considered as IM; thereby giving the dominant majority a place in the ‘indigeneity’ of the country? (2) How can the IP of the minority tribes in the Niger Delta be entitled to legal protection from non-recognition of their status by the government? (3) Assuming, but not conceding, that everyone in Nigeria is indigenous to the country and to every region of the country, does this deprive IM in an age-long marginalised region a special attention by means of affirmative action? (4) What legal protection is accorded to minorities among IP? (5) Are there negative implications for ethnic minorities in the different regions of a country by the blanket recognition of all natives of that country as IP? (6) How can the available legal framework under the United Nations and the African Union for the protection of IP and minorities be effectively utilised to the advantage of IP despite the current position of the African Union on IP?