ABSTRACT

This chapter appraises the 2002 judgment delivered by the International Court of Justice (ICJ) in the case of Cameroon v. Nigeria. It considers the meaning of indigeneity and indigenous peoples in international law and shows whether the peoples and communities within the Bakassi Peninsula can be regarded as indigenous communities. The chapter evaluates the significance of the link between land and the cultural heritage of indigenous peoples and communities. It explores whether the resettlement of indigenous peoples as required by the Greentree Agreement constitutes a forceful removal of indigenous peoples from their land and cultural heritage. The chapter also addresses the role that an award of fair and just compensation can play in ensuring that the removal of indigenous peoples from their land is not in breach of international law. It also appraises the relevance of free prior informed consent (FPIC) on matters impacting the rights of indigenous peoples in the Bakassi Peninsula.