State Power, Vulnerability, And Indigenous Peoples In International Law

Abstract

Recent trends show that rather that the management of populations through life, States such as Kenya have adopted power that ensures that the populations are better managed through death. This power ensures that life closer to it is of higher value and worth protecting while those farthest from it are left to die. Therefore, this study adopts a socio-legal approach to analyse the vulnerability of indigenous peoples. Using this approach will help explain how dispossession of indigenous peoples from their lands and territories in Kenya results from continued colonialism and neopatrimonialism. The findings show that States’ political and economic power have led to the vulnerability of indigenous peoples by legitimizing death-exposing developments projects using the legal frameworks adopted from colonial powers.