Theorising Indigenous Peoples’ Rights in International Law: Application to Non-Recognised Indigenous Communities in Nigeria

This dissertation develops an original theoretical framework for extending indigenous peoples' rights under international law to communities not formally recognised as indigenous by the Nigerian state, focusing on historically marginalised communities in the North Central and South East geopolitical zones. International indigenous rights law, anchored in UNDRIP and the jurisprudence of the African Commission on Human and Peoples' Rights, has evolved significantly in recent decades, yet its application in African states is complicated by governmental resistance to the indigenous designation and complex internal ethnic hierarchies. Drawing on critical legal theory, postcolonial scholarship, and a comparative analysis of African Commission indigenous communications, this research theorises an extended indigenous rights framework that grounds entitlements in historical marginalisation, territorial connection, and cultural distinctiveness rather than formal state recognition. It fills a gap in the literature by providing the first comprehensive theoretical framework for non-recognised indigenous peoples' rights in the African context, contributing both to international law theory and to the specific scholarly literature on minority rights in Nigeria. The dissertation applies this framework empirically to the Ogoni, Tiv, and Plateau minority communities, examining their access to indigenous rights protections under existing law and the barriers created by non-recognition. Findings indicate significant protection deficits for non-recognised communities and propose an African Commission-compatible extended recognition doctrine. Original contributions include a non-recognition typology and an African indigenous rights jurisprudential map. Keywords: indigenous peoples, UNDRIP, non-recognition, African Commission, Nigeria.