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Theory of Knowledge - Course Companion for Students Marija Uzunova Dang Arvin Singh Uzunov Dang

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IV. Ethics

intellectual property has been used

Indigenous

a legal term to identify collective intellectual

as

rights for specific cultural knowledge.

property

has been promoted by the World Intellectual

It

Organization of the United Nations

Property

more fairly value Indigenous knowledge

to

cultural heritage. In 2007, the UN General

and

accepted the Declaration on the Rights

Assembly

Knowledge and access—

IV.3

peoples

uncontacted

referred to as lost or isolated tribes,

Variously

the term “uncontacted peoples” rings

even

misconceptions about these groups living

with

voluntary isolation across the world today.

in

they may not have peaceful contact with

While

groups at the moment, this does not mean

other

they never have had. Still, very little is

that

about them. Only about 100 such groups

known

in the world today and their survival is

exist

threat. Their predicament poses urgent

under

are some of the practical challenges to

What

collective intellectual property,

implementing

or otherwise? Advocates of collective

Indigenous

rights seek a new legal system that

property

Indigenous Peoples’ rights over their

protects

cultural heritage and

property—including

Knowledge—as formsof intellectual

Traditional

that are collectiveresources.

property

11:] States shall provide redress … which may include restitution, developed in

[Article

with Indigenous peoples, with respect to their cultural, intellectual, religious and

conjunction

property taken without their free, prior and informed consent or in violation of their

spiritual

traditions and customs. …

laws,

31:] Indigenous peoples have the right to maintain, control, protect and develop

[Article

cultural heritage, traditional knowledge and traditional cultural expressions, as well as

their

manifestations of their sciences, technologies and cultures, including human and genetic

the

seeds, medicines, knowledge of the properties of fauna and flora, oral traditions,

resources,

designs, sports and traditional games and visual and performing arts. They also have

literatures,

right to maintain, control, protect and develop their intellectual property over such cultural

the

about sharing and having access to

questions

One perspective argues that we have

knowledge.

responsibility to share knowledge with them

a

could improve their lives.

that

idea, combined with popular stereotypical

This

of their lives, has motivated all sorts

depictions

people to initiate “first contact”—sometimes

of

tragic consequences. Missionary work is

with

common motivation for contacting these

another

Refer to the Washington Post article “‘God,

tribes.

Don’t Want to Die’ US Missionary Wrote Before

I

was Killed” (Slater, Allan 2018) for how one

he

5

of Indigenous Peoples, including the following.

heritage, traditional knowledge, andtraditional cultural expressions.

Making connections

which powerfully inuenced colonial attitudes to

Indigenous art in the early 20th century, are owned and

Indigenous art and artefacts in museums

held in London by the British Museum, though a small

In Chapter 10, section II, we examine the issue of

selection was temporarily loaned back to Nigeria in

Indigenous art and artefacts held in museums in

late 2018. Refer to Chapter 10 for further discussion on

advanced industrialized nations, and the related issues

of appropriation and repatriation. The Benin Bronzes,

patrimony and the repatriation of Indigenous art.

recent story ended badly.

136

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