Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.

Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.

This text sets the standard for researchers working on the difficult issues raised by trade and commerce in indigenous cultural heritage.

Staging Indigenous Heritage examines the cultural politics of four Indigenous cultural villages in Malaysia. Demonstrating that such villages are often beset with the politics of brokerage and representation, the book shows that this reinforces a culture of dependency on the brokers. By critically examining the relationship between Indigenous tourism and development through the establishment of Indigenous cultural villages, the book addresses the complexities of adopting the ‘culture for development’ paradigm as a developmental strategy. Demonstrating that the opportunities for self-representation and self-determination can become entwined with the politics of brokerage and the contradictory dualism of culture, it becomes clear that this can both facilitate and compromise their intended outcomes. Challenging the simplistic conceptualisation of Indigenous communities as harmonious and unified wholes, the book shows how Indigenous cultures are actively forged, struggled over, and negotiated in contemporary Malaysia. Confronting the largely positive rhetoric in current discourses on the benefits of community-based cultural projects, Staging Indigenous Heritage should be essential reading for academics and students in the fields of museum studies, cultural heritage studies, Indigenous studies, development studies, tourism, anthropology, and geography. The book should also be of interest to museum and heritage professionals around the world.

This book demonstrates how active and meaningful collaboration between researchers and local stakeholders and indigenous communities can lead to the co-production of knowledge and the empowerment of communities. Focusing on the Asia Pacific region, this interdisciplinary volume looks at local and indigenous relations to the landscape, showing how applied scholarship and collaborative research can work to empower indigenous and descendant communities. With cases ranging across Indonesia, Thailand, Taiwan, the Philippines, Cambodia, Pohnpei, Guam, and Easter Island, this book demonstrates the many ways in which co-production of knowledge is reconnecting local and indigenous relations to the landscape, and diversifying the philosophy of human-land relations. In so doing, the book is enriching the knowledge of landscape, and changing the landscape of knowledge. This important contribution to our understanding of knowledge production will be of interest to readers across Anthropology, Archaeology, Development, Geography, Heritage Studies, Indigenous Studies, and Policy Studies.

This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.

Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?