ABSTRACT
The protection of sacred sites and territories of indigenous peoples is safeguarded by international human rights law instruments under the auspices of the United Nations and at the African Union (AU) regional level. Aside from the constitutional provisions which ensure the application of international law, there is specific legislation on the protection and management of sacred sites of indigenous peoples in South Africa. Whether or not the protection afforded by law is substantially beneficial to the Bethany Griqua community of South Africa is the main focus of this chapter. Through their worldview on pre- and post-apartheid experiences, the chapter establishes that contrary to the guarantees under international and national law, the Bethany Griqua community’s right to lands, and in particular, their water, groves and customary governance is undermined in South Africa. The chapter recommends that there is the need for government, its organs and civil society to observe and enforce international and domestic legal instruments for the recognition, protection, realisation and strengthening of the Griqua community’s established interests and customary governance of their sacred sites and territories in South Africa.
