The Rights of Indigenous People in Oil Producing Communities: A Case Study of the Niger-Delta People of Nigeria

Abstract

The notion that human rights are to be enjoyed on individual basis no longer holds sway in both international, regional and domestic laws. Human rights jurisprudence has evolved to recognize the existence of rights to be enjoyed by a group of people. This recognition is indeed necessary noting the massive human rights violation of ethnic and national groups in various climes and neglect of these groups in the scheme of development. A result of the aforementioned is the growing advocacy for what is termed Rights of Indigenous People. Globally, human rights advocates, observers and even groups identifying as indigenous people have embraced the task of carving out these rights within an existent human rights framework and seeking the special recognition of these rights in novel legal instruments. However, this growing advocacy has not successfully resolved the agitations of the indigenous Niger Delta people in Nigeria, who are plagued by abject poverty and environmental hazards despite being the Nigerian resource hub. The re-echoing question has been whether the Niger Delta people can be considered as indigenous people, thus entitling them to benefit from the rights enjoyable by such a group. This paper advocate for the recognition of the Niger Delta people as indigenous people, drawing inspiration from international law and Canadian jurisprudence.