STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

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EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionIn fact, the driving forces of ecotourism—clean untouched nature andauthentic indigenous cultures—are often severely compromised by the influxof tourism.Tourism has been both a contributor and a motivating force when it comesto exposure to and renewal of indigenous cultures. But like most other localpopulations, indigenous peoples frequently do not benefit from tourismrelatedactivities, but they do bear the costs, which can and often aredevastating, economically as well as culturally. The urge to see “real, genuineand authentic indigenous peoples” is a strong motive for many tourists.But this can be problematic, as the tourists may not be looking for in-depthexposure. Hence, the cultural practices and activities of indigenous peoplesare often transformed into demonstrations, souvenirs and experiences forthe consumption of the visitors. Indigenous heritage is reduced to trinketsand spectacles devoid of their original spiritual meaning and valued only ascommodities to be sold. At the same time, traditional modes of sustenanceare abandoned, leaving indigenous peoples dependent on outside visitors as afickle and unreliable source of livelihood.Indigenous peoples involved in the tourist industry and who incorporate culturalelements in their tourist products are constantly faced with the challenge ofsharing their culture without compromising its integrity. This situation oftenresults in indigenous peoples and their communities having to face difficultdecisions and potential dissent. The issue of whether outsiders can participatein ceremonies and other spiritual activities, for example, varies from place toplace. However, in most instances, indigenous elders are unequivocal in theirbelief that indigenous peoples’ spirituality is not for sale, and that there is noplace for spiritual ceremonies in tourism products. 55the tourist industry isdominated by outsiderinterests, which retainmost of the benefits andleave the host destinationsto suffer the costs.At the same time, tourism is not inherently negative for indigenous peoples andcan certainly be an important source of revenue and job creation, providedthat indigenous peoples themselves are directly involved in all decisionmakingprocesses regarding tourism on their lands. Over the past two decades,community-based approaches to tourism have gained popularity. This formof ecotourism is often presented as an important contribution to sustainabledevelopment that generates employment and revenues, improves localinfrastructure and generally contributes to a positive interaction between visitorand local communities, thereby promoting increased cultural awareness andrespect. In this context, it is crucial to adhere to the principle of free, prior andinformed consent, ensuring that indigenous peoples are fully aware of plannedtourism activities on their lands, that they themselves authorize and approvethese activities and benefit from them.55Notzke (2004).CULTURE | 73
EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionIntellectual property rights andindigenous peoplesMany indigenous peoples feel they should be able to stop the commodificationof some aspects of their culture, especially of objects that are sacred to theircommunities.The internationalproperty rights regime,however, often fails torecognize indigenouscustomary lawThe dominant model for recognising and protecting knowledge and culturalexpressions is the intellectual property rights regime. This regime, which is basedon Western legal and economic parameters as well as on Western property law,emphasizes exclusivity and private ownership, reducing knowledge and culturalexpressions to commodities that can be privately owned by an individual or acorporation. The intellectual property rights regime is widely recognized asthe primary mechanism for determining ownership and property rights overknowledge, processes, innovations, inventions, and even naturally occurringphenomena such as plants, animals and genetic material. This form of ownershipis protected by states and promoted by the World Trade Organization (WTO) andthe World Intellectual Property Organization (WIPO).The intellectual property rights (IPRs) regime and the worldview it is based onstand in stark contrast to indigenous worldviews, whereby knowledge is createdand owned collectively, and the responsibility for the use and transfer of theknowledge is guided by traditional laws and customs. 56 What is often overlookedby the wider society is the fact that, within indigenous societies, there are alreadylaws governing the use and transmission of their knowledge systems that often donot have any formal recognition in the wider legal system. These internal regimeshave operated within indigenous communities since time immemorial and havebeen developed from repeated practices, which are monitored and enforcedby the elders, spiritual and community leaders. The international property rightsregime, however, often fails to recognize indigenous customary law.There are therefore concerns that the IPRs regime, grounded in Westernconcepts of individualism and innovation, does not have the ability to protect thecollective or perpetual interests of indigenous forms of cultural expression.How indigenous peoples’ rights to their knowledge differ fromconventional IPRsIndigenous peoples have collective rights, often vested in clan,family or other socio-political groups Indigenous peoples’ cultural heritage and expressions often cannotbe associated with a single, identifiable individual creator, authoror producer74 | CHAPTER II56 The United Nations Permanent Forum on Indigenous Issues, at its Fifth Session, appointedMick Dodson, Member of the Forum, to prepare a study on customary laws pertaining toindigenous traditional knowledge. This study was presented to the Permanent Forum at itsSixth Session. See UNPFII (2007b).
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STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

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