Aboriginal Title, Indigenous Rights and the Right to Culture

@article{Lehmann2004AboriginalTI,
  title={Aboriginal Title, Indigenous Rights and the Right to Culture},
  author={Karin Lehmann},
  journal={South African Journal on Human Rights},
  year={2004},
  volume={20},
  pages={118 - 86}
}
  • K. Lehmann
  • Published 1 January 2004
  • Law
  • South African Journal on Human Rights
Abstract The doctrine of aboriginal title has been the subject of considerable academic commentary in South Africa in the past few years. The generaltenor of this commentary has been approving of the doctrine. Proponents of the doctrine are of the view that it provides a means for communities to obtain ownership of land when they are not able to do so through the Restitution of Land Rights Act 22 of 1994. This article questions whether the doctrine really is of value for South African… 

Articulations of Aboriginal Title, Indigenous Rights, and Living Customary Law in South Africa

Contemporary postcolonial scholarship often argues that common law Aboriginal title and the rights of indigenous peoples are regulated by colonial legal regimes that determine the limits of

Contextual Application of Indigenousness in Africa

In the previous analysis, indigenousness was discussed in more general terms, the emphasis being put on historical evolution of the concept and related claims. The rise of indigenous identity was

Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title

  • J. Gilbert*
  • Law
    International and Comparative Law Quarterly
  • 2007
Abstract Within common law systems a body of jurisprudence has developed according to which indigenous peoples' land rights have been recognized based upon historical patterns of use and occupancy

The History of Dispossession at Orania and the Politics of Land Restitution in South Africa

This article takes for its subject a small piece of land on the southern banks of the middle Orange River, which has been known in the last few decades as ‘Orania’. A human history of its longue

Land, Memory, Reconstruction, and Justice: Perspectives on Land Claims in South Africa

In South Africa land is one of the most significant and controversial topics. Land restitution has been a complex, multidimensional process that has failed to meet the expectations with which it was

Documenting “Community” in the ≠khomani San Land Claim in South Africa

In this article I explore how documents created in support of ≠khomani San land claimants, located in the southern Kalahari Desert, represent a specific way of knowing that contributes to a

On Transnational Discussion of Indigenous Rights and its Methodology

Research Council of Canada for Standard Research Grant funding for my project on ‘Theorizing Aboriginal Rights’, within which I have written this review. 1 UNGA Res 61/295 (13 September 2007). For

Overview of Narratives on Indigenousness

The last two decades of the twentieth century have seen the expansion of indigenous claims worldwide. Numerous groups presented as being in the margins of societies in which they live, with

Socio-economic rights and anthropology? The case of Deaf people who use South African Sign Language (SASL) in a university setting

As a response to Van der Waal and Ward's (2006) invitation, this article suggests human rights, particularly socio-economic rights, as a conceptual framework to take forward anthropology in

Khoisan identity, politics, and representation in post-apartheid South Africa (1994-2022)

Together with global shifts in the fields of postcolonial studies, anthropology, and history, the democratic transition of 1994 invigorated debates about Khoisan identity, politics, and

References

SHOWING 1-8 OF 8 REFERENCES

For example Nama, which is the only surviving Khoe language in South Africa, and of which estimated that there are only about 5000-10 000 remaining speakers

    Ethnic Groups and the Right to Self-Determination

    • 1996

    Recognition of Indigenous Peoples in International Law: Recent Developments' in B de Villiers (ed) The Rights of Indigenous People: A Quest for Co-existence

    • 1997

    See in particular the arguments with regard to cultural, linguistic and religious minority rights by Sachs J in Gauteng School Education Bill (note 55 above)

      To the chagrin of writers such as M Seleoane 'Recognition of Indigenous Peoples in International Law: Recent Developments' in B de Villiers (ed) The Rights of Indigenous People: A Quest for

      • Co-Existence
      • 1997

      Compare Wilson (note 73 above), who does regard the Zulu as a nondominant minority

      • Constitutional Framework' in LAWSA

      Gauteng School Education Bill (note 55 above) paras

        Khoe (the Nama spelling) means 'person', while the plural Khoekhoe has been translated as 'real people/real men' or 'men of men