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27 Soc. & Legal Stud. 3 (2018)

handle is hein.journals/solestu27 and id is 1 raw text is: Article Articulations of Aboriginal Title, Indigenous Rights, and Living Customary Law in South Africa Social & Legal Studies 2018, Vol. 27(l) 3-24 @ The Author(s) 2017 Reprints and permission: sagepub.co.u k/journalsPermissions.nav DOI: 10.1177/0964663917710986 journals.sagepub.com/home/sls OSAGE Daniel Huizenga York University, Canada Abstract 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 recognition and subjects indigenous peoples to oppressive forms of government. In this article, I challenge this view by focusing on the application of Aboriginal title in the South African land restitution program. I use theories of articu- lation and assemblage to illustrate how, in conditions of neoliberalism, Aboriginal title, indigenous rights, and living customary law are co-constituted through litigation and social activism involving both self-identified indigenous peoples and rural peoples who live by customary law. By tracking how Aboriginal title is brought into the efforts of indigenous and rural peoples to assert natural resource rights, we begin to see that this area of international common law is used much more creatively and expansively than is often acknowledged. Keywords Aboriginal title, articulation, assemblage, indigenous rights, living customary law, neo- liberalism, Richtersveld, South Africa Corresponding author: Daniel Huizenga, Department of Social Science, York University, S737 Ross, 4700 Keele St., Toronto, Ontario, Canada. Email: huizenga@yorku.ca

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