User:Bruceanthro/Sandbox

Declarations regarding Indigenous Intellectual Property

Over the two decades that it took for the above Declaration to be negotiate and agreed, a number of conferences of both indigenous and non-indigenous specialists were held at different places around the world, and a number of declarations to draw attention to, and define the full nature and extent of 'indigenous intellectual property'^[4]. Some of these declarations include:

• Declaration of Belem

(Belem,Brazil July 1988)

A meeting of anthropologists, biologists, chemists, sociologists, and indigenous peoples at Belem (Brazil) first identified themselves collectively as 'ethnobiologists', then announced that (amongst other matters) since "Indigenous cultures around the world are being disrupted and destroyed.":

"Mechanisms [ought to] be established by which indigenous specialists are recognized as proper Authorities and are consulted in all programs affecting them, their resources and their environment"

"Procedures must be developed to compensate native peoples for the utilization of their knowledge and their biological resources"

* Kari-Oca Declaration (Brazil, May 1992; reaffirmed in Indonesia, June 2002)

This is a declaration and a charter agreed by indigenous peoples from the America's, Asia, Africa, Australia, Europe and the Pacific who, at Kari-Oca Villages, united in one voice to collectively express their serious concern at the way the world was exploiting the natural resources upon which indigenous peoples depend. Specific reference is made within this declaration and charter to the perceived abuse of indigenous people's intellectual and cultural properties.^[5].

Under a heading,"Culture, Science and Intellectual Property", amongst other matters, it was explained and asserted:

"95. Indigenous wisdom must be recognized and encourage.."

"99. The usurping of traditional medicines and knowledge from Indigenous peoples should be considered a crime against peoples .."

"102. As creators and carriers of civilizations which have given and continue to share knowledge, experience, and values with humanity, we require that our right to intellectual and cultural properties be guaranteed and that mechanisms for each be in favour of our peoples .."

"104. The protection, norms and mechanism of artistic and artisan creation of our peoples must be established and implemented in order to avoid plunder, plagiarism, undue exposure, and use.."

* Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples (June 1993)

On 18 June 1993, 150 delegates from fourteen countries, including indigenous representatives from Aiun (Japan), Australia, Cook Islands, Fiji, India, Panama, Peru, Phillipines, Surinam, USA and Aotearoa (New Zealand) meeting at Whakatane (Bay of Plenty region of New Zealand):

Affirmed indigenous peoples' knowledge is of benefit to all humanity; Recognised indigenous peoples are willing to offer their knowledge to all humanity provided their fundamental rights to define and control this knowledge is protected by the international community; Insisted the first beneficiaries of indigenous knowledge mustbethe direct indigenous descendants of such knowledge; Declared all forms of exploitation of Indigenous knowledge must cease.

Under Section 2 of this declaration: State, National and International Agencies are specifically asked to:

"2.1 Recognise that Indigenous peoples are the guardians of their customary knowledge and have the right to protect and control dissemination of that knowledge.'

"2.2 Recognisethat indigenous peoples also have the right to create new knowledge based on cultural traditon"

"2.3 Accept that the cultural and intellectual property rights of Indigenous peoples are vested with those who created them."

Usefully, this Declaration advises that an effective indigenous intellectual property rights regime should incorporate the following:

- collective (as well as individual) ownership and origin.

- retroactive coverage of historical as well as contemporary works

- protection against debasement of cultural significant items

- co-operative rather than competitive framework

- first beneficiaries to be the direct descendants of the traditional guardians of that knowledge

- multi-generational coverage span

* Julayinbul Statement on Indigenous Intellectual Property Rights^[6]
(Australia, November 1993)

This declaration arose out of a meeting of indigenous and non-indigenous specialists from around the world, who, at Jingarrba, in north-eastern Australia, agreed indigenous intellectual property rights are best determined from within the [[Custom_%28law%29|customary law] of the indigenous groups' themselves. Within the declaration indigenous customary laws are (re)named 'Aboriginal common laws', and it is insisted these laws must be acknowledged and treated as equal to any other systems of law:

"..Indigenous Peoples and Nations reaffirm their right to define for themselves their own intellectual property, acknowledging ..the uniqueness of their own particular heritage.."

"..Indigenous Peoples and Nations .. declare that we .. are willing to share [our intellectual property] with all humanity provided that our fundamental rights to define and control this property are recognised by the international community.."

"Aboriginal intellectual property, within Aboriginal Common Law, is an inherent, inalienable right which cannot be terminated, extinguished, or taken .. Any use of the intellectual property of Aboriginal Nations and Peoples may only be done in accordance with Aboriginal Common Law, and any unauthorised use is strictly prohibited.

* Kimberley Declaration (August 2002)

"Our traditional knowledge systems must be respected, promoted and protected; our collective intellectual property rights must be guaranteed and ensured. Our traditional knowledge is not in the public domain; it is collective, cultural and intellectual property protected under our customary law. Unauthorized use and misappropriation of traditional knowledge is theft"

United Nations Declaration on the Rights of Indigenous Peoples

At the United Nation's General Assembly's 61st session, in September 2007, an overwhelming majority of members resolved to adopt the United Nations Declaration on the Rights of Indigenous Peoples. With regard to the intellectual property rights of indigenous peoples, the General Assembly first:

Recognized "..the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources;"^[7]

Recognized and reaffirmed "..indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples;"^[8]

Then "solemnly" proclaimed, as a standard for members to pursue:

Article 11:^[9]

"Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature."

"States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs."

Article 24^[10]

"Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals..."

Article 31^[10]

"Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions."

"In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights."

Indigenous Intellectual Property: International Law

Indigenous Intellectual Property: National Legislation

Indigenous Intellectual Property: Customary Law

See also

*Biopiracy and Bioprospecting *Intellectual Property *Traditional knowledge

External links

*WIPO Database of Indigenous Intellectual Property Codes, Guidelines, and Practices Accessed 28 November 2007

Bibliography

* DODSON, Michael (2007) Report of the Secretariat on Indigenous traditional knowledge. Report to the United Nation's Economic and Social Council's Permanent Forum on Indigenous Issues, Sixth Session, New York, 14-25 May

* DRAHOS, Peter (2001) The Universality of Intellectual Property Rights: Origins and Decelopment. World Intellectual Property Organisation. Geneva (DOC) Accessed 28 November 2007.

* UNITED NATIONS GENERAL ASSEMBLY (2007) Declaration on the Rights of Indigenous Peoples(PDF)Accessed 26 November 2007.

* WORLD INTELLECTUAL PROPERTY ORGANISATION (2001) Intellectual Property Needs and Expectations of Traditional Knowledge Holders: WIPO Report on Fact-finding Missions on Intellectual Property and Traditional Knowledge (1998-1999) World Intellectual Property Organisation. Geneva (Web Page) Accessed 28 November 2007.

DAVIS, Michael (1998) Biological Diversity and Indigenous Knowledge. Parliament of Australia Research Library Research Paper 17.

Canadian intellectual property resource manual

WIPO (2007) 'Intellectual Property and Traditional Knowledge'

WIPO (2007)WIPO-UNEP STUDY ON THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN THE SHARING OF BENEFITS ARISING FROM THE USE OF BIOLOGICAL RESOURCES AND ASSOCIATED TRADITIONAL KNOWLEDGE

References

http://ise.arts.ubc.ca/_common/docs/DeclarationofBelem.pdf

GFDL Invariant Content

This is just an experimental section, exploring a little the possibilities and potential of using GFDL invariant sections . part of licence .. in the manner outlined on the copyright page at the bottom of every document.

GFDL invariant content in this article is listed in CAPITALS here:

eg:Special:Contributions/Bruceanthro 11:03 23 November 2007

Australian Aboriginal mythology: Generalizations

There are up to 400 distinct Aboriginal groups from across Australia (most commonly known as Aboriginal tribes or nations) listed within the Encylopaedia of Aboriginal Australia, each distinguished from one anther by unique names most often identifying the particular languages, dialects, or distinctive speech mannerisms they possess.

There are so many distinct Aboriginal groups, languages, beliefs and practices it doesn't seem proper nor possible to attempt to characterise, under a single heading, the full range and enormous diversity of myths being told, developed, eleborated upon, performed, and experienced by members of each and all of these groups, across a whole continent. The Encyclopaedia never-the-less observes:

"One intriguing feature [of Aboriginal Australian mythology] is the mixture of diversity and similarity in myths across the entire continent.

All 400 Aboriginal groups, each with their own mythologies, may be classed together under the single heading, "Australain Aboriginal) simply because they generally share the same, single continent (Australia), formally governed by a single national government (Commonwealth Government of Australia)

Not only do mpost of these Aboriginal groups share, geographically, the same continent and/or region of the world

passed; informing Aboriginal peoples understandings and experience of the world ; layering the continent's topography with deep meaning and significances

Australian Aboriginal mythology: Some Pan-Australian Themes

Australian Aboriginal mythology: Some Individual group level

Murrinh-Patha People

Approx location of Murrinh-patha people's country <[8]

Of the Murrinh-Patha people (whose country is the saltwater country immediately inland from the town of Wadeye^[8] it's been observed the Dreamtime they tell of in their myths, is in fact a religous belief equivalent to, though wholly different from, most of the world's other significant religious beliefs^[9].

In particular, it has been suggested the Murrinh-patha have a oneness of thought, belief, and experession unequalled within Christianity, which sees all aspects of their lives, thoughts and culture as under the continuing influence of their Dreaming.^[9]. Within this Aborigianl religion, no distinction is drawn between things spiritual/ideal/mental and things material; nor is any distinction drawn between things sacred and things profane: rather all life is 'sacred', all conduct has 'moral' implication, and all life's meaning arises out of this eternal, everpresent Dreaming^[9].

"In fact, the isomorphic fit between between the natural and supernatural means that all nature is coded and charged by the the sacred, while the sacred is everywhere within the physical landscape. Myths and mythic tracks cross over .. thousands of miles, and every particular form and feature of the terrain has a well developed 'story' behind it"^[10]

Animating and sustaining this Murrinh-patha mythology, is an underlying philiosphy of life that has been characterised by one of Australia's most influential writers on Aboriginal religion, W.E.H Stanner as a belief that life is "..a joyous thing with maggots at its centre."]]^[9]. Life is good and benevolent, but throughout lifes journey their are numerous painful sufferings that each individual must come to understand and endure as they grow. This is the underlying message repeatedly being told within the Murrinh-patha myths, and it is this philosophy that gives Murrinh-patha people motive and meaning in life]]^[9].

See also

• Dreamtime

Current Into

Prof. Peter Sutton is an anthropologist and linguist, now Australian Research Council (ARC) Professorial Fellow at the School of Social Sciences at the University of Adelaide and within the Division of Anthropology in the South Australian Museum. Also an Honorary Research Fellow. Institute of Archaeology, University College London.

Professor Sutton has lived and worked with Aboriginal people in remote areas of Cape York Peninsula and the Northern Territory, but also in urban and rural centres, since 1969. He assisted with over fifty indigenous land claim cases in many different parts of Australia 1979-2005.

Peter is also an author or editor of eleven books and has published over a hundred academic and other papers, mainly in the fields of Aboriginal land tenure, languages, art, and indigenous policy.

New Proposed Intro

Introduction: Professor Peter Sutton is an Australian linguist and social anthropologist who has, over a period of almost 40 years (since 1969), significantly contributed to: recording Australian Aboriginal languages; promoting Australian Aboriginal art; mapping Australian Aboriginal cultural landscapes; and increasing societies' general understanding of contemporary Australian Aboriginal social structures and systems of land tenure.

Peter Sutton now holds a position as Australian Research Council (ARC) Professorial Fellow at the University of Adelaide's School of Social Sciences and within the South Australian Museum's Division of Anthropology. He is also an Honorary Research Fellow at the Institute of Archaeology, University College London.

History

Contributions

Possible dimensions:

• Recording Aboriginal languages of Queensland

(refer here to linguistic survey's and manual for Aust. Anthropological Society)

• Recording Aboriginal cultural landscapes

(refer here, particularly, to videos, mapping manuals, Wik mapping (Wik claim)

• Developing Land Rights Era Research Theory, Practices and Methods, in the shadow of the law

Australian Aboriginal Anthropology in the shadow of the law Australian Aboriginal art and material culture

• Professional Anthropology's Moral Angst and Ethical Dilemmas

(including work on Aust. Anthropological Society's code of ethics)