The Potential Implications of United Nations Declarations on the Rights of Indigenous People (UNDRIP): A Case Study of the Tsilhqot'in Nation and the Indigenous People of Biafra

Abstract

This thesis explores the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and its implications for resolving Indigenous issues. This thesis focuses on Aboriginal title issues in British Columbia and the self-determination issues in Nigeria to consider the application of UNDRIP in different political and geographic contexts. It is important to look at both jurisdictions because of the historical similarities they share as well as the distinctions between them. Each nation has a particular history and experience with British colonization that has shaped how they interact with Indigenous nations. Yet Canada and Nigeria have responded differently to their own colonial histories. Interestingly, in 1969, Canada sent aid to provide food for the Biafrans in Nigeria during the Nigerian Civil War of 1967 – 1970. The incident will be discussed in-depth in this thesis. Furthermore, in this thesis, I argue that the application of UNDRIP can enable for the elimination of the aboriginal title test to which Indigenous peoples in Canada are subjected in Canadian courts. I argue that the courts should apply UNDRIP principles in resolving aboriginal title claims. I also argue that Nigeria should adopt and implement UNDRIP to enable the Indigenous People of Biafra (IPOB) to exercise their right to self-determination. UNDRIP provides a form of recognition for Indigenous nations that leaves state territorial integrity in place. As such, IPOB exercise of the right to self-determination will not threaten Nigeria’s territorial integrity in accord with article 46 of UNDRIP.