The analysis driven from the above research is that there are no profound laws made by any countries regarding the protection of their heritage culture.
Please like the slide and share your comments.
UN Declaration of the Rights of Indigenous PeoplesGeoff Campbell
This document provides an outline and background information on the UN Declaration on the Rights of Indigenous Peoples. It discusses the history of the declaration, Canada's initial objection to it, why Canada later changed its position, and the declaration's authority and effectiveness. Key points include that the declaration sets out individual and collective rights for indigenous peoples, was adopted by the UN in 2007 over initial objections from Canada, Australia, New Zealand and the US, and that while non-binding, it establishes standards and legal precedent for the rights of indigenous peoples.
Climate change and land rights of Indigenous peoples CIFOR-ICRAF
Presentation by Andrea Carmen at "Indigenous Peoples’ rights and land tenure" Discussion Forum on the first day of the Global Landscapes Forum 2015, in Paris, France alongside COP21. For more information go to: www.landscapes.org.
This document is the United Nations Declaration on the Rights of Indigenous Peoples. It was adopted by the UN General Assembly on September 13, 2007. The declaration affirms that indigenous peoples have collective and individual rights, including the right to self-determination and control over their lands and resources. It also recognizes the rights of indigenous peoples to maintain and strengthen their cultures and identities. The declaration contains 46 articles that outline the specific economic, social, cultural, spiritual and political rights of indigenous peoples.
Discussions on the forests and forest resources in the archipelago (Nusantara) cannot be separated from the existence of diverse communities that have social cohesion, cultural, spiritual, ecological, economic, and political attachment with the lands, territories, and forest ecosystems.
Caliba autonomy as a mechanism to address exclusion and enhance participation...Philippine Press Institute
This document discusses regional autonomy and self-governance as mechanisms to address the historical exclusion of minorities in the Philippines and enhance their political participation. It outlines how the 1987 Constitution and Indigenous Peoples' Rights Act recognize the rights of indigenous groups to self-determination and ancestral lands. However, some court cases have challenged these rights and concerns remain regarding the draft federal constitution. The document argues that autonomy and upholding indigenous rights will strengthen inclusion and that these rights should be firmly established in the constitution.
In this powerpoint lecture presentation, Robert A. Williams, Jr., E. Thomas Sullivan Professor of Law and and Faculty Co-chair, Indigenous Peoples Law and Policy Program at the University of Arizona Rogers College of Law, discusses recent cases and developments within the Organization of American States (OAS) Inter-American human rights system on the issue of indigenous peoples' property rights under international law. This background and history provides the framework for his presentation of the case, Hul'qumi'num Treaty Group (HTG) v. Canada, presently at the Merits Stage before the Inter-American Commission on Human Rights (IACHR).
Professor Williams serves as lead counsel for the IPLP Program at the University of Arizona, which filed the petition on behalf of the six HTG First Nations to the IACHR, alleging human rights violations committed by Canada in the British Columbia Treaty Commission process. Professor Williams traces the progressive development of indigenous peoples' property rights under international law and within the inter-American human rights system, beginning with the exclusion of many of the world's indigenous tribal peoples from the United Nations (UN) decolonization process, to the adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). He concludes with an explanation of the IACHR's 2011 ruling on admissibility of HTG's human rights complaint alleging violations by Canada of the American Declaration on the Rights and Duties of Man, an OAS human rights instrument binding on Canada as a charter member of the OAS.
The document summarizes the history of indigenous peoples' engagement with the United Nations and international community over several decades. It describes how indigenous representatives first approached the League of Nations in the 1920s seeking recognition, and traces efforts over subsequent decades that led to the establishment of the UN Permanent Forum on Indigenous Issues in 2000, providing indigenous peoples an official platform within the UN. The Forum aims to discuss indigenous issues, provide advice to the UN, and raise awareness of indigenous concerns.
UN Declaration of the Rights of Indigenous PeoplesGeoff Campbell
This document provides an outline and background information on the UN Declaration on the Rights of Indigenous Peoples. It discusses the history of the declaration, Canada's initial objection to it, why Canada later changed its position, and the declaration's authority and effectiveness. Key points include that the declaration sets out individual and collective rights for indigenous peoples, was adopted by the UN in 2007 over initial objections from Canada, Australia, New Zealand and the US, and that while non-binding, it establishes standards and legal precedent for the rights of indigenous peoples.
Climate change and land rights of Indigenous peoples CIFOR-ICRAF
Presentation by Andrea Carmen at "Indigenous Peoples’ rights and land tenure" Discussion Forum on the first day of the Global Landscapes Forum 2015, in Paris, France alongside COP21. For more information go to: www.landscapes.org.
This document is the United Nations Declaration on the Rights of Indigenous Peoples. It was adopted by the UN General Assembly on September 13, 2007. The declaration affirms that indigenous peoples have collective and individual rights, including the right to self-determination and control over their lands and resources. It also recognizes the rights of indigenous peoples to maintain and strengthen their cultures and identities. The declaration contains 46 articles that outline the specific economic, social, cultural, spiritual and political rights of indigenous peoples.
Discussions on the forests and forest resources in the archipelago (Nusantara) cannot be separated from the existence of diverse communities that have social cohesion, cultural, spiritual, ecological, economic, and political attachment with the lands, territories, and forest ecosystems.
Caliba autonomy as a mechanism to address exclusion and enhance participation...Philippine Press Institute
This document discusses regional autonomy and self-governance as mechanisms to address the historical exclusion of minorities in the Philippines and enhance their political participation. It outlines how the 1987 Constitution and Indigenous Peoples' Rights Act recognize the rights of indigenous groups to self-determination and ancestral lands. However, some court cases have challenged these rights and concerns remain regarding the draft federal constitution. The document argues that autonomy and upholding indigenous rights will strengthen inclusion and that these rights should be firmly established in the constitution.
In this powerpoint lecture presentation, Robert A. Williams, Jr., E. Thomas Sullivan Professor of Law and and Faculty Co-chair, Indigenous Peoples Law and Policy Program at the University of Arizona Rogers College of Law, discusses recent cases and developments within the Organization of American States (OAS) Inter-American human rights system on the issue of indigenous peoples' property rights under international law. This background and history provides the framework for his presentation of the case, Hul'qumi'num Treaty Group (HTG) v. Canada, presently at the Merits Stage before the Inter-American Commission on Human Rights (IACHR).
Professor Williams serves as lead counsel for the IPLP Program at the University of Arizona, which filed the petition on behalf of the six HTG First Nations to the IACHR, alleging human rights violations committed by Canada in the British Columbia Treaty Commission process. Professor Williams traces the progressive development of indigenous peoples' property rights under international law and within the inter-American human rights system, beginning with the exclusion of many of the world's indigenous tribal peoples from the United Nations (UN) decolonization process, to the adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). He concludes with an explanation of the IACHR's 2011 ruling on admissibility of HTG's human rights complaint alleging violations by Canada of the American Declaration on the Rights and Duties of Man, an OAS human rights instrument binding on Canada as a charter member of the OAS.
The document summarizes the history of indigenous peoples' engagement with the United Nations and international community over several decades. It describes how indigenous representatives first approached the League of Nations in the 1920s seeking recognition, and traces efforts over subsequent decades that led to the establishment of the UN Permanent Forum on Indigenous Issues in 2000, providing indigenous peoples an official platform within the UN. The Forum aims to discuss indigenous issues, provide advice to the UN, and raise awareness of indigenous concerns.
Rights of indigenous peoples handbook for parliamentariansDr Lendy Spires
This document is a handbook for parliamentarians on implementing the UN Declaration on the Rights of Indigenous Peoples. It provides an overview of why indigenous peoples' rights are important for parliamentarians to consider, who indigenous peoples are, and what their key rights are according to international standards. The handbook also discusses the concept of free, prior and informed consent and its importance. It aims to be a practical tool for parliamentarians to strengthen their understanding and implementation of indigenous peoples' rights.
Legal, policy and institutional reforms necessary in order to safeguard and ...John Barasa
This document discusses legal, policy, and institutional reforms needed in Kenya to protect indigenous peoples' access to land and land-based resources. It notes that indigenous groups face challenges including marginalization and lack of recognition by the government. While Kenya's 2010 constitution aims to address these issues, indigenous communities continue to suffer evictions from ancestral lands due to uncertainty in laws and policies. The document calls for strengthening land tenure security and customary land rights for indigenous peoples through legal reforms, policy changes, and court rulings that are compliant with international human rights standards of free, prior, and informed consent.
The gap between indigenous peoples demand and wipo's framework on traditional...Dr Lendy Spires
This document summarizes the gap between the demands of indigenous peoples and the framework developed by WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) regarding the protection of traditional knowledge. Indigenous peoples have expressed concerns that the existing intellectual property system fails to adequately protect their traditional knowledge and has enabled misappropriation. They argue for a legally binding international instrument that recognizes their collective rights, customary laws, and right to self-determination. While the IGC has made efforts to include indigenous perspectives, indigenous groups feel their views are not fully reflected in the IGC's proposed objectives and principles.
Understanding and Implementing the UN DECLARATION ON THE RIGHTS OF INDIGENOUS...Dr Lendy Spires
The document provides an introductory overview of the UN Declaration on the Rights of Indigenous Peoples. It discusses the background of the UN Declaration, including its 20-year negotiation process and adoption by the UN General Assembly in 2007. It explains that the UN Declaration sets out minimum rights for Indigenous peoples and connects their rights to existing international human rights law and treaties. The handbook is meant to help various audiences understand the UN Declaration and its relevance in Canada.
This document summarizes the political position and plan of action of indigenous women from their 2013 global conference in Lima, Peru. It discusses their stance on several upcoming UN processes in 2014-2015, including the World Conference on Indigenous Peoples, Beijing+20, Cairo+20, and the Post-2015 Development Agenda. For the World Conference, indigenous women want the outcomes to highlight the UN Declaration on the Rights of Indigenous Peoples and focus on themes of indigenous lands/territories and free, prior and informed consent. They will advocate both within their own networks and before states and the UN on these priorities.
Silent witnesses: Implementation of international human rights as warrants for archival agenda for Indigenous Australians
Livia Iacovino
Archives without borders
August, 31st 2010
Peace Palace, The Hague
The document discusses the Crown's legal duty to consult with Aboriginal peoples in Canada. It explains that Aboriginal title and rights are recognized under section 35 of the Constitution Act, and the Crown has a fiduciary duty and obligation to uphold these rights. The duty to consult requires more than minimal consultation and must be carried out in good faith. The Supreme Court of Canada has established tests and criteria for what constitutes meaningful consultation and justification of infringements of Aboriginal rights. However, the document notes there are ongoing issues and challenges with consultation processes in Ontario.
E. Bryan - Traditional Knowledge Digital Repository - Considerations for Domi...Emerson Bryan
Description:
Traditional knowledge (TK) is knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity. The Kalinago Barana Aute has been a fixture on the landscape of Waitukubuli for years, however, aside from the direct encounter with the indigenous peoples, physical access to the Council, and limited literary and artefacts within various repositories such as the Documentation Centre, the Dominica Museum or the Ministry of Kalinago Affairs in Roseau. However, there is a clear need to expand access to not just the physical artefacts accessible via these repositories, but also through the development of a specific resource to support the work of the Kalinago Council to revive, assist and maintain Kalinago traditions through song, dances, herbal medicine and some aspects of the ancient Kalinago language. Such a repository would support Dominica’s ratification of the UNESO Convention for the Safeguarding of the Intangible Cultural Heritage, 2003. This support of a repository is especially critical for the continued survival of the Kalinago’s heritage, as the Commonwealth of Dominica is also a small island development state, and therefore has to remain competitive should it hope to realize the United Nations Sustainable Development Goals (SDGs ), and especially under goals 11 and 13.
Also, the role and participation of indigenous peoples such as the Kalinago in global concerns such as traditional medicine, oral tradition, climate change, disaster risk reduction, tourism and sustainable development require great access to resources, including in cyberspace, to drive awareness of the Kalinago, as well as provide access to perspectives specific to Dominica, and the rich cultural heritage of these indigenous people .
Objectives:
The presentation will:
• Introduce some definitions on the subject of traditional knowledge
• Discuss the global and regional initiatives aimed at addressing traditional knowledge
• Consider some “Implementable” current best practices for developing a TK Repository
• Describe some necessary stages which must be considered for a proposed Kalinago TK Repository
World heritage sites and indigenous peoples rights an introductionDr Lendy Spires
The document introduces issues regarding the impact of UNESCO World Heritage sites on indigenous peoples' rights. It notes that while over 100 World Heritage sites are located fully or partially within indigenous territories, the impact has not always been positive. The UN Special Rapporteur has highlighted concerns over indigenous peoples' lack of participation in nomination and management of sites, and the negative impacts on their lands and resources. The purpose of the book is to analyze case studies of sites to identify issues, gaps, and actions needed to ensure the Convention supports human rights and is consistent with the UN Declaration on the Rights of Indigenous Peoples.
The struggle continues uphold thr rights of indigenous peoplesDr Lendy Spires
The document discusses the struggle to uphold indigenous peoples' rights in the Philippines. It summarizes discussions from two events held by the Institute for Autonomy and Governance (IAG) to address issues facing indigenous communities. While the Indigenous Peoples' Rights Act of 1997 was meant to protect indigenous rights, communities still face issues like displacement, poverty, and lack of self-governance. Participants at the IAG events called for fully implementing laws protecting indigenous rights and mainstreaming indigenous issues into national policymaking.
Cornish National Minority Status: Implications and Opportunities at Cornwall ...Imogen Weatherly
This document discusses Cornish national minority status and its implications and opportunities. It explains that national minority status is conferred by the Council of Europe's Framework Convention for the Protection of National Minorities. The Framework Convention aims to promote equality and cultural expression for national minorities. Recognizing the Cornish as a national minority would help preserve Cornish culture and language while fostering understanding between communities in the UK. It would also create economic opportunities in tourism by distinguishing Cornwall and boosting local pride. National minority status for the Cornish could strengthen communities while celebrating their unique heritage.
Amnesty International is an international non-governmental organization that works to promote human rights. It seeks to free prisoners of conscience, abolish the death penalty and torture, and end human rights abuses. Amnesty raises awareness through letter writing campaigns and protests to pressure governments. It has over 2 million members across 150 countries.
The World Health Organization (WHO) is a specialized agency of the United Nations that works to promote health and keep the world safe. It was established in 1948 and aims to attain higher levels of health for all people through measures like safe drinking water, sanitation, immunization and reducing disease.
The United Nations Educational, Scientific and Cultural Organization (UNESCO) seeks to contribute to
This document is a resource kit on indigenous peoples' issues published by the United Nations in 2008. It was prepared by the Secretariat of the UN Permanent Forum on Indigenous Issues in cooperation with other UN agencies to provide guidance to UN country teams on engaging with indigenous peoples. The kit includes background on indigenous peoples and their development context, key issues such as lands and participation, making development goals relevant to indigenous communities, and information on international agreements and mechanisms related to indigenous peoples.
The document summarizes the activities of the 13th session of the UN Permanent Forum on Indigenous Issues, held in May 2014. Over 1,200 people attended, including indigenous peoples, UN agencies, and member state representatives. The special theme was good governance consistent with the UN Declaration on the Rights of Indigenous Peoples. Preparations were also discussed for the 2014 UN World Conference on Indigenous Peoples regarding implementation of indigenous rights and lands/resources. Two informal hearings provided opportunities for inputs on the conference's outcome document.
This document summarizes a report by the UN Special Rapporteur on the situation of indigenous peoples in Nepal. It discusses the country's ongoing transition towards democracy and constitution-making process. It notes that indigenous peoples called Adivasi Janajati make up over a third of Nepal's population but have faced marginalization. While the government has committed to advancing indigenous rights, many challenges remain, including ensuring participation in constitution drafting. The report evaluates implementation of international standards and offers recommendations to strengthen protections for indigenous peoples' rights in line with Nepal's commitments.
Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges. Presented by Krishna Prasad Oli at the "Perth II: Global Change and the World's Mountains" conference in Perth, Scotland in September 2010.
Turkey has taken several efforts to safeguard its intangible cultural heritage according to the 2003 UNESCO Convention. It established a legal and administrative framework including ratifying the convention in 2006, creating an ICH Commission of Experts and 81 Local ICH Boards. These bodies work to raise awareness, inventory elements, and implement safeguarding measures like publications, workshops, and regional cooperation. Turkey also recognizes Living Human Treasures and has nominated several elements for UNESCO's Representative List.
Truth, Justice, Reparation and Memory Process in ChileTRCofCanada
Sharing Truth- National Research Centre Forum
"Documenting and Memorializing Human Rights Abuses in Latin America"
Maria Luisa Sepulveda, Executive Director
Museo de la Memoria y los Derechos Humanos, Chile
Aila re naya daman folksong belongs to whomM S Siddiqui
Copyright protection is one such important and strong protection guaranteed under intellectual property laws. The expressions of folklore are undoubtedly a product of human genus and intellect and hence deserve adequate protection under the fast-growing system of intellectual property rights laws. The folk song Aila re naya daman is the property of the community, and not of any individual.
Debates Around Indigenous Knowledge And Intellectual Propertykelebogile komanyane
Indigenous knowledge refers to traditional knowledge developed by indigenous groups over generations that is unique to a particular geographic area. Intellectual property protects creations of the mind like inventions, artistic works, and symbols. Indigenous knowledge debates discuss protecting indigenous knowledge from misuse and ensuring indigenous groups receive fair benefits from commercial use of their knowledge. These debates have helped indigenous groups gain recognition and led to new protection methods like sui generis systems and amendment of international agreements like TRIPS.
Rights of indigenous peoples handbook for parliamentariansDr Lendy Spires
This document is a handbook for parliamentarians on implementing the UN Declaration on the Rights of Indigenous Peoples. It provides an overview of why indigenous peoples' rights are important for parliamentarians to consider, who indigenous peoples are, and what their key rights are according to international standards. The handbook also discusses the concept of free, prior and informed consent and its importance. It aims to be a practical tool for parliamentarians to strengthen their understanding and implementation of indigenous peoples' rights.
Legal, policy and institutional reforms necessary in order to safeguard and ...John Barasa
This document discusses legal, policy, and institutional reforms needed in Kenya to protect indigenous peoples' access to land and land-based resources. It notes that indigenous groups face challenges including marginalization and lack of recognition by the government. While Kenya's 2010 constitution aims to address these issues, indigenous communities continue to suffer evictions from ancestral lands due to uncertainty in laws and policies. The document calls for strengthening land tenure security and customary land rights for indigenous peoples through legal reforms, policy changes, and court rulings that are compliant with international human rights standards of free, prior, and informed consent.
The gap between indigenous peoples demand and wipo's framework on traditional...Dr Lendy Spires
This document summarizes the gap between the demands of indigenous peoples and the framework developed by WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) regarding the protection of traditional knowledge. Indigenous peoples have expressed concerns that the existing intellectual property system fails to adequately protect their traditional knowledge and has enabled misappropriation. They argue for a legally binding international instrument that recognizes their collective rights, customary laws, and right to self-determination. While the IGC has made efforts to include indigenous perspectives, indigenous groups feel their views are not fully reflected in the IGC's proposed objectives and principles.
Understanding and Implementing the UN DECLARATION ON THE RIGHTS OF INDIGENOUS...Dr Lendy Spires
The document provides an introductory overview of the UN Declaration on the Rights of Indigenous Peoples. It discusses the background of the UN Declaration, including its 20-year negotiation process and adoption by the UN General Assembly in 2007. It explains that the UN Declaration sets out minimum rights for Indigenous peoples and connects their rights to existing international human rights law and treaties. The handbook is meant to help various audiences understand the UN Declaration and its relevance in Canada.
This document summarizes the political position and plan of action of indigenous women from their 2013 global conference in Lima, Peru. It discusses their stance on several upcoming UN processes in 2014-2015, including the World Conference on Indigenous Peoples, Beijing+20, Cairo+20, and the Post-2015 Development Agenda. For the World Conference, indigenous women want the outcomes to highlight the UN Declaration on the Rights of Indigenous Peoples and focus on themes of indigenous lands/territories and free, prior and informed consent. They will advocate both within their own networks and before states and the UN on these priorities.
Silent witnesses: Implementation of international human rights as warrants for archival agenda for Indigenous Australians
Livia Iacovino
Archives without borders
August, 31st 2010
Peace Palace, The Hague
The document discusses the Crown's legal duty to consult with Aboriginal peoples in Canada. It explains that Aboriginal title and rights are recognized under section 35 of the Constitution Act, and the Crown has a fiduciary duty and obligation to uphold these rights. The duty to consult requires more than minimal consultation and must be carried out in good faith. The Supreme Court of Canada has established tests and criteria for what constitutes meaningful consultation and justification of infringements of Aboriginal rights. However, the document notes there are ongoing issues and challenges with consultation processes in Ontario.
E. Bryan - Traditional Knowledge Digital Repository - Considerations for Domi...Emerson Bryan
Description:
Traditional knowledge (TK) is knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity. The Kalinago Barana Aute has been a fixture on the landscape of Waitukubuli for years, however, aside from the direct encounter with the indigenous peoples, physical access to the Council, and limited literary and artefacts within various repositories such as the Documentation Centre, the Dominica Museum or the Ministry of Kalinago Affairs in Roseau. However, there is a clear need to expand access to not just the physical artefacts accessible via these repositories, but also through the development of a specific resource to support the work of the Kalinago Council to revive, assist and maintain Kalinago traditions through song, dances, herbal medicine and some aspects of the ancient Kalinago language. Such a repository would support Dominica’s ratification of the UNESO Convention for the Safeguarding of the Intangible Cultural Heritage, 2003. This support of a repository is especially critical for the continued survival of the Kalinago’s heritage, as the Commonwealth of Dominica is also a small island development state, and therefore has to remain competitive should it hope to realize the United Nations Sustainable Development Goals (SDGs ), and especially under goals 11 and 13.
Also, the role and participation of indigenous peoples such as the Kalinago in global concerns such as traditional medicine, oral tradition, climate change, disaster risk reduction, tourism and sustainable development require great access to resources, including in cyberspace, to drive awareness of the Kalinago, as well as provide access to perspectives specific to Dominica, and the rich cultural heritage of these indigenous people .
Objectives:
The presentation will:
• Introduce some definitions on the subject of traditional knowledge
• Discuss the global and regional initiatives aimed at addressing traditional knowledge
• Consider some “Implementable” current best practices for developing a TK Repository
• Describe some necessary stages which must be considered for a proposed Kalinago TK Repository
World heritage sites and indigenous peoples rights an introductionDr Lendy Spires
The document introduces issues regarding the impact of UNESCO World Heritage sites on indigenous peoples' rights. It notes that while over 100 World Heritage sites are located fully or partially within indigenous territories, the impact has not always been positive. The UN Special Rapporteur has highlighted concerns over indigenous peoples' lack of participation in nomination and management of sites, and the negative impacts on their lands and resources. The purpose of the book is to analyze case studies of sites to identify issues, gaps, and actions needed to ensure the Convention supports human rights and is consistent with the UN Declaration on the Rights of Indigenous Peoples.
The struggle continues uphold thr rights of indigenous peoplesDr Lendy Spires
The document discusses the struggle to uphold indigenous peoples' rights in the Philippines. It summarizes discussions from two events held by the Institute for Autonomy and Governance (IAG) to address issues facing indigenous communities. While the Indigenous Peoples' Rights Act of 1997 was meant to protect indigenous rights, communities still face issues like displacement, poverty, and lack of self-governance. Participants at the IAG events called for fully implementing laws protecting indigenous rights and mainstreaming indigenous issues into national policymaking.
Cornish National Minority Status: Implications and Opportunities at Cornwall ...Imogen Weatherly
This document discusses Cornish national minority status and its implications and opportunities. It explains that national minority status is conferred by the Council of Europe's Framework Convention for the Protection of National Minorities. The Framework Convention aims to promote equality and cultural expression for national minorities. Recognizing the Cornish as a national minority would help preserve Cornish culture and language while fostering understanding between communities in the UK. It would also create economic opportunities in tourism by distinguishing Cornwall and boosting local pride. National minority status for the Cornish could strengthen communities while celebrating their unique heritage.
Amnesty International is an international non-governmental organization that works to promote human rights. It seeks to free prisoners of conscience, abolish the death penalty and torture, and end human rights abuses. Amnesty raises awareness through letter writing campaigns and protests to pressure governments. It has over 2 million members across 150 countries.
The World Health Organization (WHO) is a specialized agency of the United Nations that works to promote health and keep the world safe. It was established in 1948 and aims to attain higher levels of health for all people through measures like safe drinking water, sanitation, immunization and reducing disease.
The United Nations Educational, Scientific and Cultural Organization (UNESCO) seeks to contribute to
This document is a resource kit on indigenous peoples' issues published by the United Nations in 2008. It was prepared by the Secretariat of the UN Permanent Forum on Indigenous Issues in cooperation with other UN agencies to provide guidance to UN country teams on engaging with indigenous peoples. The kit includes background on indigenous peoples and their development context, key issues such as lands and participation, making development goals relevant to indigenous communities, and information on international agreements and mechanisms related to indigenous peoples.
The document summarizes the activities of the 13th session of the UN Permanent Forum on Indigenous Issues, held in May 2014. Over 1,200 people attended, including indigenous peoples, UN agencies, and member state representatives. The special theme was good governance consistent with the UN Declaration on the Rights of Indigenous Peoples. Preparations were also discussed for the 2014 UN World Conference on Indigenous Peoples regarding implementation of indigenous rights and lands/resources. Two informal hearings provided opportunities for inputs on the conference's outcome document.
This document summarizes a report by the UN Special Rapporteur on the situation of indigenous peoples in Nepal. It discusses the country's ongoing transition towards democracy and constitution-making process. It notes that indigenous peoples called Adivasi Janajati make up over a third of Nepal's population but have faced marginalization. While the government has committed to advancing indigenous rights, many challenges remain, including ensuring participation in constitution drafting. The report evaluates implementation of international standards and offers recommendations to strengthen protections for indigenous peoples' rights in line with Nepal's commitments.
Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges. Presented by Krishna Prasad Oli at the "Perth II: Global Change and the World's Mountains" conference in Perth, Scotland in September 2010.
Turkey has taken several efforts to safeguard its intangible cultural heritage according to the 2003 UNESCO Convention. It established a legal and administrative framework including ratifying the convention in 2006, creating an ICH Commission of Experts and 81 Local ICH Boards. These bodies work to raise awareness, inventory elements, and implement safeguarding measures like publications, workshops, and regional cooperation. Turkey also recognizes Living Human Treasures and has nominated several elements for UNESCO's Representative List.
Truth, Justice, Reparation and Memory Process in ChileTRCofCanada
Sharing Truth- National Research Centre Forum
"Documenting and Memorializing Human Rights Abuses in Latin America"
Maria Luisa Sepulveda, Executive Director
Museo de la Memoria y los Derechos Humanos, Chile
Aila re naya daman folksong belongs to whomM S Siddiqui
Copyright protection is one such important and strong protection guaranteed under intellectual property laws. The expressions of folklore are undoubtedly a product of human genus and intellect and hence deserve adequate protection under the fast-growing system of intellectual property rights laws. The folk song Aila re naya daman is the property of the community, and not of any individual.
Debates Around Indigenous Knowledge And Intellectual Propertykelebogile komanyane
Indigenous knowledge refers to traditional knowledge developed by indigenous groups over generations that is unique to a particular geographic area. Intellectual property protects creations of the mind like inventions, artistic works, and symbols. Indigenous knowledge debates discuss protecting indigenous knowledge from misuse and ensuring indigenous groups receive fair benefits from commercial use of their knowledge. These debates have helped indigenous groups gain recognition and led to new protection methods like sui generis systems and amendment of international agreements like TRIPS.
The document discusses cultural heritage and cultural appropriation in the context of Philippine cultural policies. It defines cultural heritage as property passed down through generations that is protected as cultural property, whether natural or man-made, tangible or intangible. Cultural appropriation is defined as the unacknowledged or inappropriate adoption of customs, practices, or ideas of one culture by members of another, dominant culture. The document outlines several Philippine laws and policies that aim to protect cultural heritage and property, foster cultural diversity, and prevent inappropriate cultural appropriation. It emphasizes the importance of cultural education and sensitivity in the use and sharing of cultural elements.
This presentation provides an overview of key concepts from the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. It defines intangible cultural heritage as oral traditions, performing arts, social practices, knowledge of nature, and traditional crafts that communities recognize as part of their cultural heritage. The convention takes a flexible approach, with few obligations or definitions. It emphasizes the role of communities in identifying, inventorying, and safeguarding their own intangible cultural heritage through transmission, awareness-raising, and other measures.
This document provides an overview of WIPO's work regarding intellectual property and traditional knowledge, genetic resources, and folklore. It discusses the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), which was established in 2001 to address these issues. The IGC has produced various studies and guidelines. It has also enhanced participation of indigenous communities. WIPO provides legal and technical assistance to member states, including legislative development, education, and capacity building activities to help protect traditional knowledge.
Civil society action in the field of heritage in Europe: strengths and weakne...heritageorganisations.eu
Civil society action in the field of cultural heritage in Europe has both strengths and weaknesses. It plays an important role in mediating functions like education and advocacy. However, civil society action related to cultural heritage suffers from fragmentation, a lack of global coordination, and tension between tangible and intangible heritage concepts. Recent conventions and frameworks like the Faro Convention emphasize broader participation and see heritage as reflecting community identities rather than just nation states, opening new opportunities for civil society to engage across borders on cultural issues.
Operational instruments, capacity-building, and awareness-raising - UNESCOUNESCO Venice Office
FIGHTING AGAINST THE ILLICIT TRAFFICKING OF CULTURAL PROPERTY
Cross-border training workshop for authorities from the Republic of Moldova and Romania
Rome, Italy, 12-16 November 2018
Tuesday, 13 November
Walled Cities, Open Societies - 2nd meeting of the Regional Network on the Ma...UNESCO Venice Office
This document provides an overview of conceptual tools and management tools for safeguarding intangible cultural heritage (ICH) in urban contexts. It discusses key concepts from the 2003 UNESCO ICH Convention such as the dynamic nature of ICH and the primary role of communities in determining significance and threats. Specific tools are presented, including ethical principles, a results map, and a step-by-step process for developing safeguarding plans. The Yamohoko float procession from Kyoto, Japan is used as a case study. In conclusion, the document advocates for integrated management of tangible and intangible heritage that promotes community involvement and sustainable development.
This document discusses guidelines for identifying and inventorying intangible cultural heritage. It defines intangible cultural heritage and explains that countries have an obligation to safeguard heritage within their territories. Inventories are an important safeguarding measure that can raise awareness of heritage and encourage creativity. While countries have flexibility in how they create inventories, communities must be involved in identifying heritage and any safeguarding measures. The goal of identification and inventorying is to support the ongoing transmission of intangible cultural heritage from generation to generation.
This document provides an overview of key concepts from the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. It defines intangible cultural heritage as the practices, representations, expressions, knowledge and skills recognized by communities as part of their cultural heritage. The Convention takes a flexible approach, with few obligations or definitions, allowing countries flexibility in implementation. It covers intangible cultural heritage domains like oral traditions, performing arts, and traditional crafts. Safeguarding involves ensuring the viability of intangible cultural heritage, and community participation is essential to identification, transmission and all safeguarding activities.
This document provides an overview of key concepts from the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. It defines intangible cultural heritage as the practices, representations, expressions, knowledge and skills recognized by communities as part of their cultural heritage. The Convention takes a flexible approach, with few obligations or definitions, allowing countries flexibility in implementation. It covers intangible cultural heritage domains like oral traditions, performing arts, and traditional crafts. Safeguarding involves ensuring the viability of intangible cultural heritage, and community participation is essential to identification, transmission and all safeguarding activities.
This document discusses the relationship between archives as symbols of cultural identity and archives as repositories of information. It examines how archives balance property rights over physical objects with rights of access to information. The document also explores a case study of a cross-cultural digital copying project and options for adjusting the relationship between physical objects and digital information in archives.
This document provides an overview of museum law and legal resources for researching issues related to museums. It discusses the scope of museum law, relevant statutes and cases, and secondary source materials like treatises, journals, and databases. International agreements and foreign laws are also noted as important sources. A variety of legal topics are covered, including collections management, acquisitions, loans, repatriation, and visitor safety.
First workshop of the REFIT project (refitproject.com) - Bibracte, March 2016
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Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
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Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
2. INTRODUCTION
“Copyright is the exclusive legal right to reproduce, publish, sell, or
distribute the matter and form of something (such as a literary,
musical, or artistic work”, as defined in Merriam-Webster.
“Copyright (or author’s right) is a legal term used to describe the
rights that creators have over their literary and artistic works. Works
covered by copyright range from books, music, paintings, sculpture,
and films, to computer programs, databases, advertisements,
maps, and technical drawings”, as defined by World Intellectual
Property Organisation(WIPO).
3. Many countries where parties to the Berne Convention which was adopted in
1886. The Berne Convention manoeuvre “literary and artistic works” which
include “every production in the literary, scientific and artistic domain”.
The term got amended after adaption of WCT i.e., World Copyright Treaty,1996
and WPPT i.e., World Performers and Phonograms Treaty,1996 where it started
to recognise many other forms of art work and giving digital protection.
WIPO was the first organisation which began to examine the relationship
between Intellectual Property and the protection, promotion and preservation of
traditional cultural expression (TCEs) and Folklore of indigenous People.
4. WHO ARE INDIGENIOUS PEOPLE?
Indigenous peoples are inheritors and practitioners of unique cultures and
ways of relating to people and the environment. They have retained social,
cultural, economic and political characteristics that are distinct from those of
the dominant societies .
It is assessed that there are in excess of 370 million indigenous people
spread across 70 nations worldwide who are practicing special customs that
are distinct from those of the dominant societies in which they live.
In the history of indigenous issues at the United Nations, there is considerable
thinking and debate on the definition of “indigenous peoples”, but no such
definition has ever been adopted by any UN-system body.
5. The concept of the indigenous peoples was raised by Jose R. Martinez Cobo(1981), the
Special Rapporteur of the Sub-Commission on Prevention of Discrimination and
Protection of Minorities, in his famous Study on the Problem of Discrimination against
Indigenous Populations.
The study offered a working definition of “indigenous communities, peoples and nations”.
In doing so he expressed a number of basic ideas to provide the intellectual framework
for this effort, which included the right of indigenous peoples themselves to define what
and who is indigenous.
6. What is traditional cultural knowledge?
. Traditional cultural expressions’ (TCEs) are the creation of inter-generational, social
and communal creative methods, replicate and recognize a community’s history,
cultural and social identity, and values. The tradition is not just about artificial and
imitation but it is also about the invention and making of the traditional framework.
It is an information people give to their community and development happens over the
time and it continues to develop based on the knowledge, experience and adaption
which is also know as Traditional Knowledge (TK). TCEs includes traditional songs,
dance, handicrafts, design, rituals, stories and many other artistic or cultural
expression
7. WHAT IS FOLKLORE?
• ‘Expressions of folklore’ mean “productions consisting of characteristic elements of the
traditional artistic heritage developed and maintained by a community of (name of the
country) or by individuals reflecting the traditional artistic expectations of such a
community, in particular:
(i) “Verbal expressions”, such as folk tales, folk poetry and riddles;
(ii) “Musical expressions”, such as folk songs and instrumental music;
(iii) “Expressions by action”, such as folk dances, plays and artistic forms of rituals whether
or not reduced to a material form; and
(iv) “Tangible expressions” such as, makings of folk art, in particular, drawings, paintings,
carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalwork, jewellery, basket
weaving, needlework, textiles, carpets, costumes, musical instruments and architectural
forms”
8. Timeline
There are two aspect in which international laws pierce the ‘indigenous people’ claims that is in the
general ‘public international laws’ and other is the ‘international human right laws’.
One of the important developments which happened in the public international laws was the Berne
convention in 1967. Before this convention there was no orientation of traditions or folklore. This was
because the work available to the public was unsettled. The amendment which took place in 1967 to the
‘berne convention for protection of literary and artistic work’ provided a contracting state to represent
unpublished and unidentified works and it protects them.
In the year 1976, the ‘Tunis Model law’ of copyright for developing countries was implemented to include
the ‘sui generis protection’ for indefinite period whether or not folklore was fixed in material form.
In 1982, a committee of ‘expert group’ convened by “WIPO” and “UNESCO” developed a ‘sui generis
model’ naming it as WIPO-UNESCO Model Provision, 1982. The model provided the term “expression or
production” which distinguishes between the work which was unique and ordinary copyright laws.
9. A 1992 Report of the “United Nations Secretary-General” on the “Intellectual Property of Indigenous
People’s states that ‘Indigenous peoples' intellectual property can, for analytical purposes, be usefully divided
into three groups: “(i) folklore and crafts; (ii) biodiversity; and (iii) Indigenous knowledge”.
This report concludes that, “given the complexity of finding improved ways to protect the intellectual property
rights of Indigenous peoples, 'a greater understanding of the concerns of Indigenous peoples...; may be
needed before determining the specific legal remedies which might be appropriate’”
Another important law was made which was World Performers and Phonograms Treaty in 1996 which provided
protection to the performers as the folklore. The era was of globalisation and digital technologies which emerged
various problems for the performers, producers and broadcasting organisation. The misuse of their work and to
protect their work, the treaty was adopted. It gave identification to the work which is produced by folklore
communities and even give protection to the modification made. It protected not only economic rights but also
moral rights that had right to claim and the identify the ‘performer’ and the right to object to any ‘distortion’,
‘mutilation’ or other ‘modification’ that would be prejudicial to the performer’s reputation
During 1998 and 1999, ‘World Intellectual Property Organisation’ conducted fact-finding missions in 28 countries
to identify the IP-related needs and expectations of traditional knowledge holders.
10. But still there as efforts been made to protect the illicit exploitation of these traditional
cultural and folklore.
A draft declaration was established by Indigenous peoples and their representatives
during the annual sessions of the “United Nations Working Group on Indigenous
Populations”.
This draft declaration is a strong statement of Indigenous people’s aims, and reflects
their thinking on a wide range of cultural and associated rights. The Draft Declaration
is currently being further considered by a special Working Group established by the
‘United Nations Commission on Human Rights’.
11. ESTABLISHMENTS IN INTERNATIONAL LAWS
• Wipo Intergoventmental committee on Intellectual Property and Genetic Resource, Taditional
Knowledge and Folklore
- It was established in September 2000, the WIPO Intergovernmental Committee on Intellectual Property and
Genetic Resources, Traditional Knowledge and Folklore (IGC) where WIPO member states can discuss the
intellectual property issues that arise in the context of access to genetic resources and benefit sharing as
well as the protection of traditional knowledge and traditional cultural expressions.
- Its first session in 2001, the IGC’s achievements also include certain “intangibles” such as: Inclusion
and consultation; Clarity and understanding: age-old IP terms, such as “protection”, “originality”,
”novelty” and the “public domain”, are being re-thought; Content and context: the IGC is considering
innovative and sui generis (special, specific) approaches.
- In 2009, WIPO members decided that the IGC should begin formal negotiations with the objective of
reaching agreement on one or more international legal instruments that would ensure the effective
protection of genetic resources, traditional knowledge and traditional cultural expressions.
12. • WIPO Model Provision for National Alws on the Protection of
Expression of Folklore Against Illicit Exploitation and Other
Prejudicial Actions, 1982
- The accelerating development of technology, especially in the field of
sound and audiovisiual recording, broadcasting, cable televation and
cintematograpgy leads to improper exploitation
- In the industrialized countries, folklore are generally considered to belong
to the public domin. This approach explains why industrialized countries
generally need to establish a legal protection of the manifold national and
other community interst.
13. • Convention for safeguarding of the intangible cultural heritage, 2003
- Intangible cultural heritage adapts permanently to the present and constitutes cultural capital that can
be a powerful driver for development. Food security, health, education, sustainable use of natural
resources – intangible cultural heritage is a wealth of knowledge to be used in many aspects of life.
Women hold a special place in the transmission of intangible heritage and have knowledge that
contributes to their empowerment and to revenue generation.
- , UNESCO works to safeguard cultural heritage and promote cultural diversity as a force for dialogue
and development. It encourages international cooperation and knowledge-sharing and supports
Member States in building their human and institutional capacities.
- Adopted in 2003 after 60 years of work in this domain, the Convention is the international
community’s first binding multilateral instrument intended to safeguard and raise the profile of this
heritage. Its goal is to incite countries to care about and look after the ICH present on their territories.
14. TRADITIONAL CULTURE EXPRESSION AND FOLKLORE
AROUND THE WORLD
As per International Labour Organisation (ILO), there are around 467.6 people in
the world which belongs to different groups in ‘90 nations’ worldwide. Indigenous
people living in every region of the world but only 705 of them lives in ‘Asia and
the pacific’, followed by “16.3% in Africa”, “11.5% in Latin America and the
Caribbean”, “1.6% in northern "America” and “0.1% in Europe and Central Asia”.
There are 4000 languages currently spoken by Indigenous people around the
world.
The Indigenous traditional cultural and folklore displays most important source of
inspiration and creativity for cultural industries such as the entertainment,
fashion, publication, craft and design industries. Many businesses have been
developed by many developing and developed countries by using the forms and
material of these traditional cultural and folklore. For example, music, publication,
audio visual industries in many countries.
15. FOR EXAMPLE,
1. A cultural development project is the poverty alleviation program ‘Investing in Culture’ for the Khomani
San people in South Africa,
2. Visual fine art and skills are a vital source of income for Indigenous performers and communities in
Australia,
3. The Quechua people in Peru have a wealthy Cultural past that is spread across many nations and
continents in South America. ‘Quechua’ refers to ‘the ethnic group that speak their own language and roots’
from the Incan Empire of Peru
4. Over fifty per cent of the present society of Guatemala is made up of Mayan peoples, the culture is lively
and evident. The womenfolk still dress in traditional cloths. Their craft work can be created throughout
‘Guatemala’ including the ‘intricate baskets’, ‘wood carved animals ‘and ‘painted toys’.
5. The ‘Maasai tribe in Kenya’ or Tanzania are the semi-nomadic persons who constructs loaf- shaped
houses made of mud, sticks and cow dung as they move from places to places. Their antiquity is well
known and conserved through their culture of stories, melodies and folklore. The ‘Maasai culture’ offers
traditional medicine, grazing practices, landscape ecology.
16. CASE STUDY
George Milpurrurru, T. Payunka, B. Marika & Others v. Indofurn Pty
Ltd 30 IPR 209 AT 210 (1994)
Alva Studio inc v. Winneger 177 F supp 265,267 sdny 1976
Wik Peoples vs Commonwealth (1996)
L Batlin & Son Inc v. Snyder 536 F 2d 486,491 (1959) cir
Bulun Bulun vs. R & T Textile Ltd, 1998
17. TRADTIONAL CULTURAL ANDFOLKLORE
IN INDIA
India always been known for its cultural and traditional heritage. India’s heritage culture flows
from 5000 years back which is the oldest culture and civilization. It has constantly been
acknowledged as the land that portrayed its vibrant cultural heritage in various forms of art,
craft, songs and music.
The folk and tribal art of India are very cultural and colourful and vibrant enough to speak
volumes about the country’s rich heritage. Folk art in India has a great potential in the
international market because of these beautiful elements.
Some of the most famous and known folk painting of India which is known across the world are
the Madhubani painting, Patachitra painting, Nirmal painting etc. Folk art is not only restricted
to the painting but jewellery, ornaments, home decors, pottery, clothing, even wall art etc
The regional dances in India are also important feature and a part of traditional heritage culture
where dance like Bhangra of Punjab being very famous around the world, the dance of Gujrat
i.e., Dandiya, the Buhu dance of Assam etc which projects the cultural heritage of the region.
18. • But Despite the rich stock of folklore and folk tradition there is no special laws which
has been made to protect the heritage, culture and the folklore from the unauthorize
commercial use by the interloper. Some of the societies so have their own habitual
practices to legalize the use of TCEs but these are not sufficient to protect the rich
heritage of Indian culture.
• In India the legislation that administers the rights to protect this known as the
Copyright Act, 1957. In India, section 13 defines “work in which copyright subsists”
and the word “sound recording” and “architectural of art” was added in 1994
Amendment. Under Section 22 of the Copyright act, 1957, the term of protection
lasts for the period of 60 years after the death of the author.
• Even the Constitution of India act, Folklore and TCEs are not clearly protected.
Article 29(1) and 51 A (f) , protect the culture and work of the traditional minority
community. Article 29(1) talks about the protection of cultural rights of minorities
as a Fundamental right.
19. The ‘Ministry of Culture’ has formulated a Scheme titled “Scheme for Safeguarding the Intangible Heritage
and Diverse Cultural Traditions of India”, with the objective of “reinvigorating and revitalizing various
institutions, groups, individuals, identified non-MOC institutions, non-government organisations, researchers
and scholars” so that they may engage in activities/ projects for strengthening, protecting, preserving and
promoting the rich intangible cultural heritage of India.
In 2016, the National Intellectual Property right policy (NIPR) was approved by the Union Cabinet of
Government of India to outgrow creativity and innovation.
The National Mission for Manuscripts (NMM), established in 2003 by the Ministry of Tourism and Culture,
documents, preserves and digitalizes the vast wealth of manuscripts of India. These manuscripts have a
wide range of themes, textures, aesthetics, scripts, languages, calligraphies, illuminations and illustrations.
Another initiative by the “Indira Gandhi National Centre for the Arts” is to digitalize document expressions of
traditional culture and folklore such as ‘manuscripts’, ‘books’, ‘audio’, ‘video’, ‘art’, etc. It includes projects
like the “National Databank on India Art and Culture” of Kalasampada, a digital library store for ‘Indian
cultural heritage project’ and ‘Cultural Informatics’ established with the ‘UNDP assistance’. The documented
material for which copyright is accessible on internet.