Indigenous Heritage

Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.

Whether in Canada, the United States, Australia, India, Peru, or Russia, the approximately 500 million Indigenous Peoples in the world have faced a similar fate at the hands of colonizing powers. Assaults on language and culture, commercialization of art, and use of plant knowledge in the development of medicine have taken place all without consent, acknowledgement, or benefit to these Indigenous groups worldwide. Battiste and Henderson passionately detail the devastation these assaults have wrought on Indigenous peoples, why current legal regimes are inadequate to protect Indigenous knowledge, and put forward ideas for reform. Looking at the issues from an international perspective, this book explores developments in various countries including Canada, the United States, Australia, New Zealand, and also the work of the United Nations and relevant international agreements.

Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.

Staging Indigenous Heritage examines the cultural politics of four Indigenous cultural villages in Malaysia. Demonstrating that such villages are often beset with the politics of brokerage and representation, the book shows that this reinforces a culture of dependency on the brokers. By critically examining the relationship between Indigenous tourism and development through the establishment of Indigenous cultural villages, the book addresses the complexities of adopting the ‘culture for development’ paradigm as a developmental strategy. Demonstrating that the opportunities for self-representation and self-determination can become entwined with the politics of brokerage and the contradictory dualism of culture, it becomes clear that this can both facilitate and compromise their intended outcomes. Challenging the simplistic conceptualisation of Indigenous communities as harmonious and unified wholes, the book shows how Indigenous cultures are actively forged, struggled over, and negotiated in contemporary Malaysia. Confronting the largely positive rhetoric in current discourses on the benefits of community-based cultural projects, Staging Indigenous Heritage should be essential reading for academics and students in the fields of museum studies, cultural heritage studies, Indigenous studies, development studies, tourism, anthropology, and geography. The book should also be of interest to museum and heritage professionals around the world.

This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.

Just when you think you have nothing left to lose, they come for your dreams. Humanity has nearly destroyed its world through global warming, but now an even greater evil lurks. The indigenous people of North America are being hunted and harvested for their bone marrow, which carries the key to recovering something the rest of the population has lost: the ability to dream. In this dark world, Frenchie and his companions struggle to survive as they make their way up north to the old lands. For now, survival means staying hidden — but what they don't know is that one of them holds the secret to defeating the marrow thieves.

For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.

Following the surge of regional multiculturalism and indigenous political mobilization, how are indigenous Latin Americans governed today? Addressing the Mexican flagship tourist initiative of ‘Magical Villages,’ this book shows how government tourism programs do more than craft appealing tourist experiences from ideas of indigeneity, tradition, and heritage. Rather, heritage-centered tourism and multiculturalism are fusing into a strategy of government set to tame and steer indigenous spaces of negotiation by offering alternative multicultural national self-images, which trigger new modes of national belonging and participation, without challenging structural political and social asymmetries. By examining contemporary Mexican tourism policies and multiculturalist ideals through policy analysis and ethnographic research in a mestizo municipalcapital in a majority indigenous Nahua municipality, this book shows how mestizo nationalism is regenerated in tourism as part of a neoliberal governmentality framework. The book demonstrates how tourism initiatives that center on indigenous cultural heritage and recognition do not self-evidently empower indigenous citizens, and may pave the way for extracting indigenous heritage as a national resource to the benefit of local elites and tourist visitors. This work is of key interest to researchers, advanced students, and critically engaged practitioners in the fields of Latin American studies, indigenous studies, social anthropology, critical heritage studies, and tourism.