AN INITIATIVE OF CRAFT REVIVAL TRUST.  Since 1999
Heritage (of Indigenous Peoples)

Intellectual Property Rights

Heritage (of Indigenous Peoples)

Heritage (of Indigenous Peoples)

The “heritage of indigenous peoples” (and other peoples) or “indigenous cultural heritage” refers broadly to the items described in the Draft Principles and Guidelines for the Protection of the Heritage of Indigenous People, 2000,

Paragraph 12 states that:  “The heritage of indigenous peoples has a collective character and is comprised of all objects, sites and knowledge including languages, the nature or use of which has been transmitted from generation to generation, and which is regarded as pertaining to a particular people or its territory of traditional natural use.  The heritage of indigenous peoples also includes objects, sites, knowledge and literary or artistic creation of that people which may be created or rediscovered in the future based upon their heritage. “ Paragraph 13 is to the effect that:  “The heritage of indigenous peoples includes all moveable cultural property as defined by  the relevant conventions of UNESCO; all kinds of literary and artistic creation such as music, dance, song, ceremonies, symbols and designs, narratives and poetry and all forms of documentation of and by indigenous peoples; all kinds of scientific, agricultural, technical, medicinal, biodiversity-related and ecological knowledge, including innovations based upon that knowledge, cultigens, remedies, medicines and the use of flora and fauna; human remains; immovable cultural property such as sacred sites of cultural, natural and historical significance and burials.”  Paragraph 14 stipulates that:  “Every element of an indigenous peoples’ heritage has owners, which may be the whole people, a particular family or clan, an association or community, or individuals, who have been specially taught or initiated to be such custodians.  The owners of heritage must be determined in accordance with indigenous peoples’ own customs, laws and practices.”  For the purposes of these Guidelines, “indigenous cultural heritage” means both tangible and intangible creations, manifestations and production consisting of characteristic elements of the culture of an indigenous people, and developed and maintained by that people, or by indigenous individuals if the creation reflects the traditional literary, artistic or scientific expressions of the people.  Such creations, manifestations and productions include the practices, representations, expressions – as well as the instruments, objects, artifact, sites and cultural spaces associated therewith – that indigenous peoples and individuals recognize as part of their cultural heritage.  It further includes the knowledge that is the result of intellectual activity and insight in a traditional context, and includes the know-how, skills, innovations, practices and learning that form part of traditional knowledge systems, as well as knowledge that is embodied in the traditional lifestyle of an indigenous people, or is contained in codified knowledge systems passed between generations.  Cultural heritage, transmitted from generation to generation, is constantly recreated by indigenous peoples in response to changes in their environment and their interaction with nature and their history, and provides them with a sense of identity and continuity.