Published 20 June 2017
In recent times, there has been agitation for legislative recognition of indigenous land rights across different parts of the globe. There seems to be an awakening that mere reliance on the cooperation and goodwill of companies, without more, does not offer a lasting solution to calming the fear of indigenous peoples. This article, therefore, considers the proposition that indigenous groups benefit more from resource extraction with a solid legal framework. This article aligns with this proposition and argues that entrenching the rights of indigenous people as well as making an Impact and Benefit Agreement (IBA) a statutory requirement to extracting mineral resources would go a long way in further protecting the indigenous peoples rights in accordance with the United Nations Declaration on the Right of Indigenous People (UNDRIP), and other international human rights instruments. The article argues that the relative success of IBAs in Canada and some other jurisdictions notwithstanding, there is still more that can be done to ensure that IBAs not only address the ‘resource curse’ in countries blessed with mineral resources, but also become tools in empowering the indigenous peoples and protecting their rights as affirmed under relevant international legal instruments.