Protecting indigenous knowledge and heritage : a global challenge


Protecting indigenous knowledge and heritage : a global challenge

Marie Battiste and James [Sákéj] Youngblood Henderson

(Purich's aboriginal issues series)

Purich Publishing, 2000

大学図書館所蔵 件 / 2



Includes bibliographical references (p. 294-312) and index



Whether the approximately 500 million Indigenous Peoples in the world live in Canada, the United States, Australia, India, Peru, or Russia, they have faced a similar fate at the hands of colonizing powers. That has included assaults on their language and culture, commercialization of their art, and use of their plant knowledge in the development of medicine, all without consent, acknowledgement, or benefit to them. The authors paint a passionate picture of the devastation these assaults have wrought on Indigenous peoples. They illustrate why current legal regimes are inadequate to protect Indigenous knowledge and put forward ideas for reform. This book looks at the issues from an international perspective and explores developments in various countries including Canada, the United States, Australia, New Zealand, and also at the work of the United Nations and all relevant international agreements. Some of the specific topics covered in this book include: Eurocentric views on what constitutes cultural and intellectual property; what constitutes Indigenous knowledge and who may use it; the importance of preserving Indigenous languages; the relationship between Indigenous languages and culture; how knowledge is transmitted in Indigenous communities; issues in performing arts and artwork; and proposals for creating a legal regime that will help revive and protect Indigenous knowledge and require consent for its use. This book received the 2000 Saskatchewan Book Award for First Peoples Publishing.


Part I: The Lodge of Indigenous Knowledge in Modern Thought 1. Eurocentrism and the European Ethnographic Tradition Assumptions About the Natural World Assumptions About Human Nature Assumptive Quandaries The Ethnographic Tradition 2. What is Indigenous Knowledge? Decolonizing the Eurocentric Need for Definitions Entering Uncharted Territory Locating Indigenous Knowledge Traditional Ecological Knowledge The Transmission of Indigenous Knowledge Part II: Towards an Understanding of the Rights of Indigenous Peoples to Their Knowledge and Heritage 3. The Concept of Indigenous Heritage Rights International Definition of Indigenous Indigenous Knowledge and Heritage Sacred Ecologies and Legal Corollaries Interconnected Rights Indigenous Knowledge as Intellectual Property Indigenous Legal Systems 4. The Importance of Language for Indigenous Knowledge Indigenous Languages and the Natural World The Eurocentric Illusion of Benign Translatability Consequences of the Eurocentric Illusion 5. Decolonizing Cognitive Imperialism in Education The School System Cognitive Clashes Decolonizing the System Educational Contexts 6. Religious Paradoxes Divine Order and Secular Law Correcting False Translations Freedom from Missionaries Sacred Healing Sites Tourism, Vandalism, and Problems of Privacy Right to Harvest and Use Ceremonial Materials in Religious Practices Indigenous Burial Grounds Return and Reburial of Ancesters' Remains and Artifacts 7. Paradigmatic Thought in Eurocentric Science Medical Research and "Biopiracy" Genetic Diversity in Agricultural Biotechnology 8. Ethical Issues in Research Eliminating the Eurocentric Bias in Research RCAP Ethical Guidelines for Research in Canada Canadian Research Councils Policy Statement of Ethical Conduct on Research on Human Subjects Breaches of Confidentiality of Sacred Knowledge Community Control of Research Professional Organizations and Ethics 9. Indigenous Heritage and Eurocentric Intellectual and Cultural Property Rights Culture Versus Nature Recovery of Sacred and Ceremonial Objects Authenticity Communal Rights to Traditional Designs in Modern Artworks Cultural Appropriation Exhibitions Issues in the Performing Arts Advertising Use of Indigenous Peoples and Arts Part III: Exising Legal Regimes and Indigenous Knowledge and Heritage 10. The International Intellectual and Cultural Property Regime UN Human Rights Conventions and Covenants The International Intellectual Property Regime Technology, "Know-how", and Trade Secrets International Trade and Aid Measures Protection of Folklore Special International Instruments Concerned with Indigenous Peoples 11. The Canadian Constitutional Regime Interpreting the Constitution of Canada Indigenous Knowledge and Heritage as an Aboriginal Right 12. The Canadian Legislative Regime Federal Cultural Property Law Federal Intellectual Property Law Federal Common Law Provincial Law Part IV: The Need for Legal and Policy Reforms to Protect Indigenous Knowledge and Heritage 13. Rethinking Intellectual and Cultural Property Moral Rights Personality or Publicity Rights Patents, Trademarks, and Passing Off The Commodification of Culture 14. Current International Reforms United Nations Decade of the World's Indigenous Peoples (1995-2004) Draft Declaration on the Rights of Indigenous Peoples (1994) Protecting Traditional Ecological Knowledge 15. Enhancing Indigenous Knowledge and Heritage in National Law National Protection Strategies Fair and Equitable Sharing of Benefits The Importance of Indigenous Use and Management of Ecosystems Present Status of Ecologically Related Knowledge Effective Protection of Knowledge and Practices 16. Canadian Policy Considerations National Protection Strategies Report of the Royal Commission on Aboriginal Peoples Operational Principles Canadian Reforms International Reforms Part V: Conclusion Acronyms References Acts, Regulations, and Guidelines Legal Cases Index

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