Aboriginal Title, Indigenous Rights and the Right to Culture

  title={Aboriginal Title, Indigenous Rights and the Right to Culture},
  author={Karin Lehmann},
  journal={South African Journal on Human Rights},
  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… 

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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