Indigenous Cultural Heritage Research Articles

ERRATUM to “climate-driven losses to Indigenous and local knowledge and cultural heritage”

ERRATUM to “climate-driven losses to Indigenous and local knowledge and cultural heritage”

On country: Identity, place and digital place

Place is central to the identity of Aboriginal and Torres Strait Islander peoples. The Narrabeen Camp Project explores the use of immersive technologies to offer opportunities to engage with Indigenous histories, Storytelling and cultural heritage in ways that privilege place. While nothing can replace being ‘on Country’, the XR technologies of AR and VR support different modalities of engagement with real, and virtual, place. The project documents the Stories, Language and Lore associated with the Gai-mariagal clan and, in particular, with the Aboriginal Camp that existed on the north-western shore of Narrabeen Lakes from the end of the last ice age to 1959 when it was demolished to make way for the Sydney Academy of Sports and Recreation. The project will investigate evolving Aboriginal Storytelling dynamics when using immersive digital media to teach culture and to document a historically important site that existed for thousands of years prior to its demolition in the mid-twentieth century. It expects to generate new knowledge about Aboriginal Storytelling and about the history of urban Aboriginals. Expected outcomes include a schema connecting Aboriginal Storytelling with immersive digital technologies, and truth-telling that advances understanding of modern Australia and urban Aboriginal people. The research should promote better mental, social and emotional health and wellbeing for Indigenous Australians and benefit all Australians culturally, socially and economically.

Documenting the Dreaming: Designs and Songs of the Present, in the Past, for the Future

This paper is based on fieldwork carried out in 1981–82 with the Warlpiri women in Willowra, Northern Territory. The basis of discussion is the documentation of women's ceremonies and the return of the data many years later to this community. My role as an ethnographer in the past, and the potential outcomes of the reintroduction of ethnographic data, indicates there is much of value in the documentation of Indigenous cultural and intellectual heritage. Documenting religious ceremonies reveals a variety of values: that of the ethnographer in the documentation of Indigenous cultural and intellectual property; the intrinsic value of these material renditions to the tradition-bearers themselves; and the value of these contributions in applied community contexts. In regard to the community benefits of research and documentation, the paper addresses archival documentation for revitalisation of culture.

The Juukan Gorge Incident: Key Lessons on Free, Prior and Informed Consent

On 24 May 2020, Rio Tinto detonated an area of the Juukan Gorge in the Pilbara in Western Australia as part of its iron ore mining operations, damaging two ancient rock shelters with profound cultural significance to the Puutu Kunti Kurrama and Pinikura (PKKP) People.1 The incident has brought international attention to the importance of Indigenous cultural heritage within broader environmental, social and governance (ESG) considerations.

Climate-driven losses to knowledge systems and cultural heritage: A literature review exploring the impacts on Indigenous and local cultures

Anthropogenic climate change is leading to widespread losses around the world. While the focus of research over the last decade has largely been on economic or tangible losses, researchers have begun to shift their focus to understanding the non-economic or intangible dimensions of loss more deeply. Loss of life, biodiversity and social cohesion are some of the losses that are beginning to be explored, along with Indigenous and local knowledge (ILK) and cultural heritage. These latter two form the basis of this systematic review of 100 studies to take stock of what we know about climate-driven losses to ILK and cultural heritage, how such losses manifest and how they are overcome, revealing gaps in our knowledge and carving a path for future research.

Colonial Rupture and Native Continuity in Indigenous Cultural Representations: Through Hawaiian Ancient Dance Kahiko

AbstractThis article discusses the role of colonial oppression in creating conflicting perspectives in the reproduction of dance as Indigenous cultural heritage. The debate on kahiko, the ancient Hawaiian dance, of which practice was severely controlled and then revived through the cultural renaissance, demonstrates that the radical deprivation of the practice has created multiple understandings of the dance among different practitioners. Of primary importance in these respects is the intergenerational divide within the dance community, manifest in the critical perspective of the post-renaissance variant of kahiko, which highlights the “continuity” of the practice through the colonial rupture.

Taiwanese Indigenous Cultural Heritage and Revitalization: Community Practices and Local Development

The continuing interest and progress in indigenous communities and local economies based on traditional, cultural, and ecological knowledge contributes to indigenous resilience. Here we report on an ongoing collaborative project investigating the process of renewal of cultural heritage through strengthening the roots of indigenous cultural traditions of knowledge and practice, and the changing concepts of tradition. The project investigates the various mechanisms for conserving indigenous culture: How the heritage of indigenous culture is reconstructed; how this heritage is related to the social frame and practice of everyday life; how power intervention affects the contestation of heritage; and in the context of heritage contestation, how cultural heritage turns into economic capital in the tourism economy of the community. The project explores the process of cultural heritagization of indigenous traditional knowledge through six individual projects in the areas of food and edible heritage, ethnic revival, weaving, solidarity economy, cultural ecotourism, and indigenous agro-products. In addition, the project examines the establishment of a constructive dialogue between the “traditional future”, cultural heritage literature and local practice in the interest of the consolidation of alternative development.

CULTURAL HERITAGE AND TRADITIONAL KNOWLEDGE: SOME REFLEXIONS ABOUT INDIGENOUS RIGHTS IN BRAZIL / PATRIMÔNIO CULTURAL E CONHECIMENTO TRADICIONAL: ALGUMAS REFLEXÕES SOBRE OS DIREITOS INDÍGENAS NO BRASIL

This paper proposes to analyze the laws that govern the protection of indigenous cultural heritage in Brazil, in the light of some theoretical reflections that help to understand the complex relationships involving the rights of native peoples with aspects of capitalist development, in a country with serious problems of social inequalities and ethnic persecution, especially by conservative federal governments. Therefore, we propose here a contribution to the debate, at a time when the indigenous peoples of Brazil are undergoing strong repression by the federal government and, consequently, the rich cultural heritage of the dozens of indigenous ethnic groups that inhabit the national territory is being put at risk.

Indigenous Cultural Heritage: Developing New Approaches and Best Practices for World Heritage Based on Indigenous Perspectives and Values

In support of advancing the recognition and inclusion of Indigenous Cultural Heritage in all its diverse forms within the UNESCO World Heritage Convention and World Heritage Site designations, this paper documents and discusses the presentations, Indigenous-led Forum, and recommendations and outcomes of the International Conference on Indigenous Cultural Heritage organized by the ICOMOS International Scientific Committee on Theory and Philosophy of Restoration and Conservation in partnership with the First Nations House of Learning, University of British Columbia, Vancouver, Canada, in November 2019.

Article 11 of the United Nations Declaration on the Rights of Indigenous Peoples – Heritage Recognition, but Little Control and No Remedies

Examining the drafting history and international and regional practice related to Article 11 of the UN Declaration on the Rights of Indigenous Peoples (2007), I show in this contribution that there is a mismatch between declaratory recognition of Indigenous rights over their heritage and actual enforcement and remedies. There is a growing body of practice on the recognition, particularly in the realm of participation in heritage management, and on declaring the importance of Indigenous heritage for cultural identity and other human rights. The connection to other human rights instrumentalizes cultural heritage concerns, which makes it harder for international practice to focus specifically on remedying cultural harm using the language and mechanisms of cultural heritage. While using heritage as instrument for other claims is not a problem, it is perfectly possible and reasonable that Indigenous peoples have claims to their heritage, which are not often captured by existing international rights frameworks. Further, in other legal contexts, heritage belongs to the state, not to (Indigenous) peoples. The lack of heritage-specific practice also translates into far less practice in terms of remedies and restitution, which needs to be guided by Indigenous voice and self-determination, and by a commitment to treating Indigenous cultural heritage as Indigenous peoples’, a right meritorious of protection beyond a broad commitment to culture or as an pathway to land rights. I argue that we need to move past declaratory engagement and put more emphasis into remedies, so that we can really deliver on the promise of Indigenous control over their heritage.

Toward Sustainable Preservation of Cultural Heritage Buildings: A Combination of Digital Mapping and Architectural mapping for Omah Pencu in the Historic Area of Kudus Kulon

This study aims to map the existence of the wooden houses of Omah Pencu and classifies their potencies as heritage buildings in the historic area of Kudus Kulon. Caring for indigenous cultural heritage will contribute to the strengthening of local identity. The traditional houses of Omah Pencu have been developing as the specific architecture since the end of the 17'th century, as a living place of the ‘Gusjigang' community, and artifacts evident of the city heyday. However, the pressure of modernization-capitalization in the city caused several changes in their built environment and decreased the number of Omah Pencu. This research concern with the GIS interpretation methods and the direct observations use the questionnaire, interview, and architectural documentation. The findings provide an important database for preservation in the digital era. The digital mapping, combined with the mapping of tangible and intangible buildings, produces digital information about the Omah Pencu building condition that has never been done before. Through this mapping, found that the participation effort of the community caused the sustainability of preservation. It is a very significant bottom-up participation. However, toward sustainable preservation, a strategy, planning, design, and management that integrated all stakeholders and resources by utilizing digital technology are needed.

Dilemmas of protection: decolonising the regulation of genetic resources as cultural heritage

ABSTRACT This article argues that since genetic resources carry cultural significance to many Indigenous communities, the protection of genetic resources should be considered in relation to the protection of Indigenous cultural heritage. It compares international regulations of genetic resources and associated traditional knowledge to those of traditional cultural expressions, focusing particularly on the Convention on Biological Diversity (CBD) and its implementation through the Nagoya Protocol. The article discusses how attempts to decolonise the regulation of genetic resources are impeded by two dilemmas that have also affected UNESCO and WIPO’s attempts to safeguard traditional cultural expressions. The first dilemma concerns the problems of promoting Indigenous self-recognition within a system of governance based on national agency and sovereignty. The second dilemma concerns how international regulations are based on a Western ontology that polarises natural and cultural resources, which has resulted in a reluctance to address intellectual property rights within the CBD. Exploring parallels between the regulation of genetic resources and traditional cultural expressions provides new perspectives on the difficulties facing the decolonisation of the protection of Indigenous resources and the implementation of Indigenous data sovereignty.

Explaining outcomes from negotiated agreements in Australia and Canada

Empirical research demonstrates the highly variable outcomes resulting from Impact and Benefit Agreements (IBAs) between industry and Indigenous peoples in Australia and Canada. Differences in outcomes are far from trivial. Some Indigenous groups are reaping substantial economic benefits from agreements, while at the same time achieving a significant role in environmental management and adding to existing legal protection of Indigenous cultural heritage. Other agreements generate few economic benefits and do little to help minimise adverse cultural or environmental impacts. Some agreements impose significant constraints on exercise of Indigenous procedural rights under general legislation, others contain no such constraints. It is vital to explain such differences in outcomes in order to establish how more positive agreements can be achieved by all Indigenous peoples. This article argues that Indigenous political mobilisation, rather than any inherent flaws in the mechanisms of IBAs or differences in legal regimes, is vital in explaining variable outcomes. It considers how Indigenous capacity for political mobilisation can be enhanced and applied to negotiation of IBAs.

PPPs and non-financial value: a critical analysis of public policy and implications for social, environmental and indigenous cultural values

PurposeThis paper investigates how contemporary public policy for public-private partnerships (PPPs) deals with non-financial values and thereby shapes the way social, cultural and environmental issues are accounted for.Design/methodology/approachA case study critically analyses PPP policy in Victoria, Australia, an acknowledged leader in the area. The investigation of the policy’s approach to non-financial value focusses on the treatment of social and environmental issues, particularly in relation to indigenous cultural heritage values.FindingsIt is found that important non-financial issues are characterised as risks to be quantified and monetised in PPP project assessment. A critical analysis shows that this approach obscures many significant dimensions of social, environmental and Indigenous cultural heritage value. The resultant relegation of non-financial values in public discourse and decision-making is seen to entrench unsustainable practices.Social implicationsThe paper shows how public policy may shape actions and outcomes that impact directly on social, environmental and indigenous cultural heritage values.Originality/valueThis study provides insights into contemporary social and environmental accounting and accountability for PPPs. It adds to the understanding of the implications of public policy framings of non-financial values.

The Visual Representation of Indigenous Cultural Identities in Australian and New Zealand Tourism Campaigns

To satisfy the desire of wealthy tourists for “exotic” locales and “unspoiled” scenery, some Australian and New Zealand organizations engage in exploiting Indigenous cultural capital and heritage. This article examines promotional video material from national tourism campaigns available on YouTube, including the Australian campaign Where the Bloody Hell Are You?, and Qantas and Air New Zealand safety videos and advertising. The analysis of textual and visual imagery demonstrates how national tourism agents utilize Indigenous cultural forms for commercial purposes, which results in cultural exploitation and expropriation as well as creation of inferior identities of Indigenous people. The study contributes to deconstructing current neocolonial models of (mis)representation of Indigenous minorities to promote emancipatory discourses about their identities.

Imagining a Maya Archaeology That Is Anthropological and Attuned to Indigenous Cultural Heritage

Taking an aspirational approach, this article imagines what Maya Archaeology would be like if it were truly anthropological and attuned to Indigenous heritage issues. In order to imagine such a future, the past of archaeology and anthropology is critically examined, including the emphasis on processual theory within archaeology and the Indigenous critique of socio-cultural anthropology. Archaeological field work comes under scrutiny, particularly the emphasis on the product of field research over the collaborative process of engaging local and descendant communities. Particular significance is given to the role of settler colonialism in maintaining unequal access to and authority over landscapes filled with remains of the past. Interrogation of the distinction between archaeology and heritage results in the recommendation that the two approaches to the past be recognized as distinct and in tension with each other. Past heritage programs imagined and implemented in the Maya region by the author and colleagues are examined reflexively.

South Africa’s settler-colonial present: Khoisan revivalism and the question of indigeneity

ABSTRACT South Africa’s settler-colonial past is widely acknowledged. And yet, commonplace understandings of the post-apartheid era and a focus on the end of segregation make an appraisal of settler colonialism in present-day South Africa difficult and controversial. Nonetheless, we argue that an understanding of South Africa’s “settler-colonial present” is urgent and needed. We suggest that settler colonialism as a specific mode of domination survives apartheid. In particular, we focus on the recent revival and political mobilisation of indigenous Khoisan identity and cultural heritage to show that settler colonialism and apartheid should be understood as distinct yet overlapping modes of domination. A settler-colonial mode of governance aiming at “the elimination of the native” in two interrelated domains, dispossession and transfer, characterises past and present South Africa. An understanding of this continuity offers opportunities for an original interpretation of both Khoisan revivalism and contemporary South African society.

Copyright, Heritage and Australian Aboriginal Art

How Australian copyright law deals with Aboriginal painting has changed since the late 1980s. Prominent cases have moved the law towards greater protection and offered some recognition of Aboriginal understandings of their cultural heritage. This paper focuses on writing about copyright and Aboriginal art and comments on four issues that may warrant closer attention: copyright, cultural heritage and self-determination; the criteria for copyright protection; appropriation of art works; and the 'common place' of law and Aboriginal art. The first point examines the value of adding ideas from cultural heritage into writing about copyright. It suggests a tension with heritage may be present in some copyright writing, and that an underlying motif for both areas is self-determination. The second section examines the criteria for copyright protection. It questions a continued concern in some copyright writing with the requirement of originality. And it explores an apparent lack of appreciation of the significance of recent case law in some of the literature, especially from North America. The third section considers appropriation of art works, both as a narrower concept that may infringe copyright and more widely. It considers how the cultural value of a work could be drawn on in arguments to limit appropriation. The final section argues that continuing to rely on copyright law, if specific indigenous cultural legislation is not achievable politically, may not be so serious a limitation as is sometimes suggested. In the paper, attention is centred on Australian Aboriginal painting and legal writing about it from Australia and internationally. References are made to the somewhat similar legal and political situations of indigenous people in Canada and the US, and some contrasts are noted with the situations in Africa and elsewhere. The paper concludes with the thought that there may be little point debating the merits of copyright (and other law) reform. It is over twenty years since high-level reform reports have emerged in Australia. They have suggested that copyright does not provide adequate protection to indigenous cultural heritage. The law, however, has not changed in response - at least it has not changed in terms of explicit law reform. As far as case law is concerned, a series of copyright cases has strengthened protection, and native title litigation in Australia has revolutionised the underlying framework. Through these developments, copyright protection of Aboriginal art has gained a greater place in legal discourse. But it seems likely that the perception has changed even more in other areas of society. What could be called the 'common place' of copyright law and Aboriginal art may be one of the most important changes in Australia since the 1980s. At one time, infringers of indigenous cultural heritage genuinely may not have considered that any legal protection could exist for the material they used. Other appropriators may have made a pragmatic decision based on the perceived unlikelihood of indigenous legal action. Now, neither approach could be nearly so likely.

Misappropriation of Indigenous Cultural Heritage – Intellectual Property Rights in the Digital Era

The digitization of cultural heritage has become a common practice among cultural and educational institutions. The Internet and the widespread of new technologies have made the heritage more accessible and facilitates cultural exchange. However, digitization both raises challenges and creates opportunities for the sustainable and appropriate treatment of Indigenous digital cultural heritage collections, as the use of new technologies may render such heritage more vulnerable to misappropriation and misuse. It is therefore vital to investigate the possibilities of Intellectual Property tools to protect, preserve, and promote such heritage. This article addresses the following questions with respect the Indigenous heritage: What is the nature of the relationship between IP protection and the safeguarding of intangible heritage?; What are the consequences of misappropriation and misuse of traditional cultural expressions for Indigenous Peoples?; and What is the impact of digitization on Indigenous cultural heritage?

Contrasting views on co-management of indigenous natural and cultural heritage – Case of Laponia World Heritage site, Sweden

Abstract This article discusses the evaluation of the management of the Laponia World Heritage site (Laponia WHS) in northern Sweden. After inscription on the World Heritage list in 1996, difficulties emerged in establishing a common understanding about the involvement of various stakeholders into the site’s management model, the key point of contention being the influence of the representatives from indigenous Sami people and how that should be organised. In 2011, the management organisation led by Laponiatjuottjudus (the Sami name for the Laponia WHS management organisation) was established and implemented. This organisation gave Sami representatives a majority in the Laponia steering board and the position as chairperson in the board. This marked a remarkable shift in the Swedish national management system of land in not only handing over a state decision-making power to the local level but also to representatives of the indigenous population. The evaluation of the management model presented by Laponiatjuottjudus resulted in a number of responses from several stakeholders participating in a consultation process. These responses, from stakeholders with conflicting positions in relation to the issue described above, are the subject of this study. The analysis of these data collected reveals the existence of four major approaches or narratives to the Laponia WHS, with narratives connected to nature, the indigenous population and local governance, the economic effects of the existing system, and lastly the local community narrative. The study concludes that present management of Laponia WHS, the Laponiatjuottjudus, is a unique attempt to widen the management and planning process that partly interferes with the existing national planning model. At the same time, the analysis reveals that the Sami demands for influence over land management in the north still faces major challenges connected to its colonial legacy.