History shows that travellers sought to experience the unfamiliar and exotic cultures and traditions of Indigenous peoples, with early examples of Indigenous tourism in the United States, Canada, Scandinavia, Australia, New Zealand and countries throughout Asia and Latin America. Similarly, contemporary travellers demonstrate a desire to seek out opportunities to experience Indigenous peoples and their cultures. Thus, we are witnessing worldwide growth in the awareness of, and interest in, Indigenous cultures, traditions, histories and knowledges. Engagement in the tourism sector is regularly advocated for Indigenous peoples because of the socio-economic opportunities it provides; however, there are a range of cultural benefits including the maintenance, rejuvenation and/or preservation of Indigenous cultures, knowledges and traditions for Indigenous peoples who choose tourism as a vehicle to showcase their cultures. Consequently, tourism is regularly acknowledged as a means for facilitating the sustainability of tangible and intangible Indigenous cultural heritage including languages, stories, art, dance, rituals and customs. Importantly, however, the history of Indigenous peoples’ engagement in tourism has provided a range of examples of the threats to Indigenous culture that can accrue as a result of tourism (i.e., cultural degradation, commercialisation and commodification, authenticity and identity, among others). This book presents an exploration of the intersection between tourism and Indigenous culture. The chapters in this book were originally published as a special issue of the Journal of Heritage Tourism.
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.
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.
Throughout 2020 and 2021, the Victorian Aboriginal Heritage Council has progressed broad community consideration of the practical application of the Aboriginal Heritage Act 2006 (VIC), its failures and successes. Through this process, Council has been forced to reassess the commitment of both the community and the government to self-determination.The time has come for Traditional Owners to do more than play a part, they must realise their rights to control their Cultural Heritage through the law that governs the protection and management of that Cultural Heritage. Council has made 24 recommendations to the Victorian Minister for Aboriginal Affairs for fundamentally necessary reforms of the Aboriginal Heritage Act 2006 (VIC). It is essential that, as a society, we truly understand that Traditional Owners are the only comprehensive knowledge holders of their Cultural Heritage. Once we understand that one, fundamental truth, then the changes we now recommend for their management of that Cultural Heritage are clear and purposeful. Such understandings are in step with the international benchmark set by the United Nations Declaration on the Rights of Indigenous Peoples. If these reforms are affected, the positive change for protection, management and lived engagement with Cultural Heritage will be profound.
First Nations Cultural Heritage and Law explores First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and a self-reflective critique on the challenges of collaborative and intercultural research. Although the volume draws on specific First Nation experiences, it covers a wide range of topics of concern to Inuit, Metis, and other indigenous peoples.
A beautiful and important story about the passing of historical and cultural knowledge from a grandfather to his grandsons. Gunai artist, Steaphan Paton, along with his brothers and cousins, are shown how to make a traditional bark canoe by their 'Pop', Albert Mullett, senior Gunai/Kurnai Elder.
Internationally, Australia has the most developed heritage jurisprudence because of the use of the World Heritage Convention in Federal and State disputes, and at the State and Territory level, the laws have achieved a rare consistency across the jurisdictions. Until now, however, there has been no comprehensive treatment of this subject. Heritage Law in Australia fills this gap. It is a clear and concise text that will be of use to anyone wanting a general overview of the development of heritage law in Australia. The text offers a systematic analysis of the range of natural and cultural heritage law by discussing heritage law not only by reference to a limited sets of Acts of the Australian Parliaments, the Heritage Acts, but as illustrating what is happening more generally in environmental law and regulation.
"The standards and guidelines in this kit are a NPWS initiative to promote predictability, transparency, and best practice in Aboriginal heritage management. While written for heritage practitioners, it is hoped this kit will also prove useful to development proponents who wish to know the standard of work which consultants are expected to produce."--Standards and guidelines.