Protocols for Cultural and Intellectual Property Rights of Iwi
A discussion document based on the Mataatua Declaration of Indigenous Rights by the late Dr. Hirini Melbourne.
Protocols for Cultural and Intellectual Property Rights of Iwi (based on the Mataatua Declaration of Indigenous Rights)
Declare that Maori iwi (traditional tribes) have the right to self-determination; and be recognised as the exclusive owners of their cultural and intellectual property and the right to determine and exercise those rights for the benefit of all humanity.
Recognise that indigenous peoples are capable of managing their traditional knowledge themselves, but are willing to offer it to all humanity provided their fundamental rights to define and control this knowledge are protected by the international community.
Insist that the first beneficiaries of indigenous knowledge (cultural and intellectual property rights) must be the direct indigenous descendants of such knowledge.
Declare that all forms of discrimination and exploitation of indigenous peoples, indigenous knowledge and indigenous cultural and intellectual property rights must cease.
Recommendations to iwi
In the development of policies and practices, iwi could:
1. Define for themselves their own intellectual and cultural property;
2. Note that existing protection mechanisms are insufficient for the protection of indigenous peoples' intellectual and cultural property rights;
3. Develop a code of ethics which external users must observe when recording (by visual, audio or written means) their traditional and customary knowledge;
4. Prioritise the establishment of indigenous education, research and training centres to promote their knowledge of customary environmental and cultural practices;
5. Develop and maintain their traditional practices and sanctions for the archiving, protection, preservation and revitalisation of their traditional intellectual and cultural properties;
6. Assess existing legislation with respect to the protection of antiquities;
7. Establish an appropriate body with appropriate mechanisms to:
- preserve and monitor the commercialism or otherwise of indigenous cultural properties in the public domain;
- generally advise and encourage indigenous peoples to take steps to protect their cultural heritage;
- allow a mandatory consultative process with respect to any new legislation affecting indigenous peoples cultural and intellectual property rights;
8. Establish iwi cultural foundations, libraries, museums, information centres and networks.
Recommendations to states, national and international agencies
In the development of policies and practices, states, national and international agencies must:
1. Recognise that indigenous peoples are the guardians of their customary knowledge and have the right to protect and control dissemination of that knowledge;
2. Recognise that indigenous peoples also have the right to create new knowledge based on cultural traditions;
3. Note that existing protection mechanisms are insufficient for the protection of indigenous peoples' cultural and intellectual property rights;
4. Accept that the cultural and intellectual property rights of indigenous peoples are vested with those who created them;
5. Develop in full cooperation with indigenous peoples an additional cultural and intellectual property rights regime incorporating the following:
- collective (as well as individual) ownership and origin;
- retroactive coverage of historical as well as contemporary works protection against debasement of culturally significant items;
- co-operative rather than competitive framework;
- first beneficiaries to be the direct descendants of the traditional guardians of that knowledge;
- multi-generational coverage span.
Biodiversity and customary environmental management
1. Indigenous flora and fauna is inextricably bound to the territories of indigenous communities and any property right claims must recognise their traditional guardianship.
2. Commercialisation of any traditional plants and medicines of indigenous peoples, must be managed by the indigenous peoples who have inherited such knowledge.
3. A moratorium on any further commercialisation of indigenous medicinal plants and human genetic materials must be declared until indigenous communities have developed appropriate protection mechanisms.
4. Companies, institutions both governmental and private must not undertake experiments or commercialisation of any biogenetic resources without the consent of the appropriate indigenous peoples.
5. Prioritise settlement of any outstanding land and natural resources claims of indigenous peoples for the purpose of promoting customary, agricultural and marine production.
6. Ensure current scientific environmental research is strengthened by increasing the involvement of indigenous communities and of customary environmental knowledge.
7. All human remains and burial objects of indigenous peoples held by museums and other institutions must be returned to their traditional areas in a culturally appropriate manner.
8. Museums and other institutions must provide, to the country and indigenous peoples concerned, an inventory of any indigenous cultural objects still held in their possession.
9. Indigenous cultural objects held in museums and other institutions must be offered back to their traditional owners.
Dr. Hirini Melbourne