Browsing by Author "Barnabas Sylvanus Gbendazhi"

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    Abuja Peoples of Nigeria as Indigenous Peoples in International Law
    (INTERNATIONAL JOURNAL ON MINORITY AND GROUP, 2018-02-02) Barnabas Sylvanus Gbendazhi
    There is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of Ips. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs' rights can learn from the evolution of international children's rights law.
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    The Legal Status of the United Nations Declaration on the Rights of Indigenous Peoples (2007) in Contemporary International Human Rights Law
    (INTERNATIONAL HUMAN RIGHTS LAW REVIEW, 2017-02-02) Barnabas Sylvanus Gbendazhi
    This article explores the legal status or effect of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in contemporary international human rights law. As a United Nations General Assembly (UNGA) resolution, the legal significance of UNDRIP may appear uncertain on the surface. However, several UNGA resolutions do carry some legal weight with far-reaching legal implications in international law. For example, the Universal Declaration of Human Rights 1948 (UDHR) has been widely ac cepted, at least in part, as forming part of customary international law. Through a criti cal examination of relevant literature and some decisions of international, regional and national courts, this article examines whether the UNDRIP, in whole or in part, reflects customary international law. It also considers the relationship of the UNDRIP with other international human rights instruments, and whether it should be applied as part of general principles of law on issues that are essential to indigenous peoples such as non-discrimination, self-identification, land rights and development