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

[摘要] 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 thesituation 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 protectionfrom non-recognition of their status by the government? (3) Assuming, but not conceding, that everyone in Nigeria is indigenous to the countryand to every region of the country, does this deprive IM in an age-long marginalisedregion 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 acountry 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?

[发布机构] University of Pretoria