Indigenous cultural heritage and artistic expressions: “Localizing” intellectual property rights and UNESCO claims

Abstract

This paper examines the protection of indigenous peoples’ intangible heritage at the international level. It addresses the problem of appropriation and commodification of traditional and artistic cultural expressions (‘TCEs’) through the multiplicity of existing international legal regimes. These include general and indigenous-specific human rights rules, UNESCO conventions and guidelines, as well as international norms of general application such as those pertaining to Intellectual Property (‘IP’). The paper adopts a sceptical approach towards the suitability of international norms and processes to address the question of indigenous heritage. Drawing upon the efforts of regional bodies and national paradigms from Australia, New Zealand, Canada and the U.S., it argues that priority in legal planning and decision-making be given to the “localization” of indigenous claims and peoples’ local empowerment.