The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria and Kenya: A Comparative Perspective

This chapter explains the role of international law in protecting land rights of indigenous peoples (IPs) in Africa. It examines selected decisions of the United Nations Human Rights Committee and human rights treaty-based Monitoring Bodies such as Committee on the Elimination of All Forms of Racial Discrimination and Committee on Economic Social and Cultural Rights on land rights of IPs. It uses the case study of Abuja, Nigeria and a comparative approach to developments in relation to IPs’ land rights in Kenya in the context of some concluding observations of the human rights treaties Monitoring Bodies, the African Commission on Human and Peoples’ Rights as well as the decision of African Court on Human and Peoples’ Rights to illustrate the significance of international human rights treaties and the African Charter on Human and Peoples’ Rights in protecting land rights of IPs in Africa. The research method is largely doctrinal, it uses a case study method and it is comparative in its approach to Nigeria and Kenya in the context of how both countries engage with international law as well as the observations and decisions of relevant international human rights bodies on both countries discussed in this chapter.