The tribal regime embedded in customary law enjoined only natives. In South Africa, customary law applied to all natives, but only natives considered indigenous within particular tribal homelands had customary rights. Other natives, deemed immigrants within these tribal homelands, were denied the protections of customary law, including customary rights to land. In the United States, too, natives considered nonindigenous within a particular reservation are denied membership and therefore customary rights. Thus tribal—customary—law has itself been made discriminatory.
