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Cultural and Intellectual Property Rights Cultural And Intellectual Property Rights Economics, Politics & Colonisation Volume Two Cultural And Intellectual Property Rights Economics, Politics & Colonisation Volume Two A Series of Readers Examining Critical Issues in Contemporary Maori Society ISBN 0-9598045-7-9 © IRI First Published in 1997 by the International Research Institute for Maori and Indigenous Education (IRI), Private Bag 92019, University of Auckland, Tamaki Makaurau. CONTENTS Mataatua Declaration ................................................................................................... 4 Acknowledgments ......................................................................................................... 6 Introduction................................................................................................................... 7 Section One: Nga Patai ........................................................................................................................ 9 Section Two: Articles Colonising Airspace by Cherryl Waerea-i-te-rangi & Kuni Jenkins .............................. 12 Controlling Knowledge: The Implications of Cultural and Intellectual Property Rights An Interview with Graham Hingangaroa Smith ............................................................ 16 Cultural and Intellectual Property Rights of Indigenous Peoples Of the Pacific by Aroha Te Pareake Mead ........................................................................................... 20 Intellectual Property Rights and Implications for Maori: An Inteview with Moana Jackson.................................................................................. 30 The Travesty of Waitaha: The New Age Piracy of Early Maori History by Toni Liddell ............................................................................................................. 32 Hands Off Our Genes: A Case Study on the Theft of Whakapapa by Donna Ngaronoa Gardiner........................................................................................ 44 Re-presenting Maori: Broadcasting and Knowledge Selection by Leonie Pihama.......... 57 References .................................................................................................................... 64 Contact List................................................................................................................... 66 MATAATUA DECLARATION on Cultural and Intellectual Property Rights of Indigenous People Nine Tribes of MATAATUA in the Bay of Plenty Region In the development of policies and practices , of Aotearoa, New Zealand, convened the First indigenous peoples should: International Conference on the Cultural and Intellectual Property Rights of Indigenous Peoples from June 12-18, 1.1 Define for themselves their own intellectual and 1993 in Whakatane. Among the indigenous cultural property. representatives in attendance were those from Japan, 1.2 Note that existing protection mechanisms are Australia, Cook Islands, Fiji, India, Panama, Peru, insufficient for the protection of Indigenous Philippines, Surinam, USA and Aotearoa. Peoples Intellectual and Cultural Property Rights. 1.3 Develop a code of ethics which external users must PREAMBLE observe when recording (visual, audio, written) Recognising that 1993 is the United Nations International their traditional and customary knowledge. Year for the World’s Indigenous Peoples; 1.4 Prioritise the establishment of indigenous Reaffirming the undertaking of the United Nation education, research and training centres to Member States to: promote their knowledge of customary “Adopt or strengthen appropriate policies and/or environmental and cultural practices. legal instruments that will protect indigenous intellectual 1.5 Reacquire traditional indigenous lands for the and cultural property and the right to preserve customary purpose of promoting customary agricultural and administrative systems and practices' - United production. Nations Conference on Environmental Development; 1.6 Develop and maintain their traditional practices UNCED Agenda 21 (26.4b); and sanctions for the protection, preservation and Noting the Working Principles that emerged from the revitalisation of their traditional intellectual and United Nations Technical Conference on Indigenous cultural properties. Peoples and the Environment in Santiago, Chile from 18- 1.7 Assess existing legislation with respect to the 22 May 1992 E/CN.4/sub2/1992/31. protection of antiquities. Endorsing the recommendations on Culture and 1.8 Establish an appropriate body with appropriate Science from the World Conference of Indigenous Peoples mechanisms to: a) preserve and monitor the on Territory, Environment and Development, Kari-Oca, commercialism or otherwise of indigenous cultural Brazil, 25-30 May 1992; properties in the public domain; b) generally WE advise and encourage Indigenous Peoples to take Declare that Indigenous Peoples of the world have the steps to protect their cultural heritage; c) allow a right to self determination; and in exercising that mandatory consultative process with respect to right must be recognised as the exclusive owners of their any new legislation affecting Indigenous Peoples’ cultural and intellectual property cultural and intellectual property rights. Acknowledge that Indigenous Peoples have a 1.9 Establish international indigenous information commonality of experiences relating to the exploitation of centres and networks. their cultural and intellectual property"; 1.10 Convene a Second International Conference (Hui) on the Cultural and Intellectual Property Rights of Affirm that the knowledge of the Indigenous Peoples of Indigenous Peoples to be hosted by the the world is of benefit to all humanity; Coordinating Body for the Indigenous Peoples Recognise that Indigenous Peoples are capable of Organisations of the Amazon Basin (COICA). managing their traditional knowledge themselves, but are willing to offer it to all humanity provided their 2. RECOMMENDATIONS TO STATES, fundamental rights to define and control this knowledge NATIONAL AND INTERNATIONAL are protected by the international community; Insist that AGENCIES the first beneficiaries of indigenous knowledge (cultural In the development of policies and practices, and intellectual property rights) must be the direct States, National and International Agencies must: indigenous descendants of such knowledge; 2.1 Recognise that Indigenous Peoples are the Declare that all forms of discrimination and guardians of their customary knowledge and have exploitation of Indigenous Peoples, indigenous knowledge the right to protect and control dissemination of and indigenous cultural and intellectual property rights that knowledge. must cease. 2.2 Recognise that Indigenous Peoples also have the right to create new knowledge based on cultural 1. RECOMMENDATIONS TO INDIGENOUS traditions. PEOPLES 4 2.3 Note that existing protection mechanisms are CULTURAL OBJECTS insufficient for the protection of Indigenous 2.12 All human remains and burial objects of People’s Cultural and Intellectual Property Indigenous Peoples held by museums and other Rights. institutions must be returned to their traditional 2.4 Accept that the cultural and intellectual property areas in a culturally appropriate manner. rights of Indigenous Peoples are vested with those 2.13 Museums and other institutions must provide, to who created them. the country and Indigenous Peoples concerned, an 2.5 Develop in full co-operation with Indigenous inventory of any indigenous cultural objects still Peoples an additional cultural and intellectual held in their possession. property rights regime incorporating the 2.14 Indigenous cultural objects held in museums and following: other institutions must be offered back to their * collective (as well as individual) ownership traditional owners. and origin * Retroactive coverage of historical as well as 3 RECOMMENDATIONS TO THE UNITED contemporary works NATIONS IN RESPECT FOR THE RIGHTS OF * protection against debasement of culturally INDIGENOUS PEOPLES, THE UNITED significant items NATIONS SHOULD: * co-operative rather than competitive 3.1 Ensure the process of participation of Indigenous framework Peoples in the United Nations fora is strengthened * first beneficiaries to be the direct so their views are fairly represented. descendants of the traditional guardians of 3.2 Incorporate the MATAATUA Declaration in its that knowledge entirety in the United nations Study on Cultural * multigenerational coverage span and Intellectual Property of Indigenous Peoples. 3.3 Monitor and take action against any States whose persistent policies and activities damage the BIODIVERSITY AND CUSTOMARY cultural and intellectual property rights of ENVIRONMENTAL MANAGEMENT Indigenous Peoples. 2.6 Indigenous flora and fauna is inextricably bound 3.4 Ensure that Indigenous Peoples actively contribute to the territories of indigenous communities and to the way in which indigenous cultures are any property right claims must recognise their incorporated into the 1995 United Nations traditional guardianship. International Year of Culture. 2.7 Commercialisation of any traditional plants and 3.5 Call for an immediate halt to the ongoing “Human medicines of Indigenous Peoples, must be Genome Diversity Project” (HUGO) until its moral, managed by the Indigenous Peoples who have ethical, socio-economic, physical and political inherited such knowledge. implications have been thoroughly discussed, 2.8 A moratorium on any further commercialisation of understood
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