On the Politics of the Politics of Origins: Social (In)Justice and the International Agenda on Intellectual Property, Traditional Knowledge, and Folklore

Abstract

It is a great pleasure to read Valdimar Hafstein's essay, and I applaud the Journal of American Folklore for publishing an article that raises critical issues at the intersec- tions of folkloristics, cultural conservation, political economy, and social justice. Hafstein's essay nicely echoes the conclusion of Peggy Bulger's recent AFS presiden- tial address (2003:388) in focusing attention on an international debate and arena of great importance to the cultures folklorists study and champion. I believe Hafstein's most significant contribution is his emphasis on the political and economic ecolo- gies of formalized agendas in fora on cultural conservation and protection. National and international governmental agencies, as well as nongovernmental organizations, have attended to legal issues regarding the commerce and protection of traditional culture for at least the past seventy years; however, the number of actors and institu- tions, as well as the levels (especially national and international) at which this debate occurs, has greatly increased over the past two decades (Drahos and Mayne 2002). The history and arenas vary according to particular categories of knowledge and folklore, but today an overview of even relevant United Nations groups would include not only the target of Hafstein's essay—the World Intellectual Property Organization (WIPO)—but also, among others, the Convention on Biological Diversity (CBD), Food and Agriculture Organization (FAO), and United Nations Educational, Scientific and Cultural Organization (UNESCO). 1 Each of these latter three institutions has established international discussions, as well as international instruments, 2 with significant implications for traditional knowledge and folklore and, most important, the holders of these traditions. 3