Open grazing legislations and the protection of ethnic minority rights in Nigeria

Abstract

ABSTRACT The approach to curbing the conflict between the Fulani pastoralists and farmers in Nigeria assumed a new dimension with the adoption of open grazing prohibition and establishment of ranches legislations in some Nigerian States. The legislations have implications not only on the relationship between the conflicting parties but also the protection of human rights of the indigenous and ethnic minority population. This article examines some pertinent provisions of the legislations and their implications from human rights perspectives, particularly concerning the obligations to respect, protect and promote human rights of an indigenous and ethnic minority population. The article argues that the legislations not only shielded their vicious objective of identity destruction and forced cultural assimilation, but have also adopted an approach that is discriminatory, retrogressive and violent. The legislations undermine critical human rights norms that protect an indigenous and ethnic minority against marginalisation and identity destruction. The legislation will foment rather than curb the conflict. The article recommends a revision that takes into consideration the human rights obligations of Nigeria, the cultural dynamics, and the social and economic conditions of the affected group.