Colonialism and apartheid sought to make traditional leaders accountable to white officials by tying them to land.
Although South Africa has taken steps to rid itself of the apartheid-era view of marriage as only heterosexual and monogamous, discrimination against religious marriages persist.
Few in Australia understand the context and true meaning of customary law. Denials of its validity are often based on ignorance or on specific examples devoid of context.
The Recognition of Aboriginal Customary Laws examined the interaction between two legal systems – one based in British law and the other in the customary laws of the Aboriginal peoples of Australia.
The ALRC report made some useful recommendations about how settler law could deal more fairly with Aboriginal people by taking their traditions and customs into account.