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Indigenous Rights

What is Traditional Knowledge?

What do we mean by ‘Indigenous knowledge’? 

There are many definitions and descriptions of Indigenous knowledge out there, and all are somewhat inadequate at expressing the nature, complexity and diversity of Indigenous knowledges. UNESCO states that Indigenous knowledge refers to "the understandings, skills and philosophies developed by societies with long histories of interaction with their natural surroundings", and elsewhere states that traditional knowledge "tends to be collectively owned and takes the form of stories, songs, folklore, proverbs, cultural values, beliefs, rituals, community laws, local language and agricultural practices".  

Recognition of specific rights and protocols apply when seeking to engage ethically with Indigenous knowledge. At the heart of these protocols and protections are the principles of respect, consent, reciprocity, and shared opportunity. If you are engaging with Indigenous knowledges in your research you should respect and uphold Indigenous cultural and intellectual property rights.

 

Ways of Knowing Examples:

Indigenous and Traditional Knowledge

“Traditional Indigenous Knowledge can be defined as a network of knowledges, beliefs, and traditions intended to preserve, communicate, and contextualize Indigenous relationships with culture and landscape over time...they include: oral narratives that recount human histories; cosmological observations and modes of reckoning time; symbolic and decorative modes of communication; techniques for planting and harvesting; hunting and gathering skills; specialized understandings of local ecosystems; and the manufacture of specialized tools and technologies.” Margaret Bruchac (Abenaki), Assistant Professor of Anthropology, University of Pennsylvania.

Local and Indigenous Knowledge Systems (LINKS)

“Local and Indigenous knowledge refers to the understandings, skills and philosophies developed by societies with long histories of interaction with their natural surroundings. For rural and Indigenous peoples, local knowledge informs decision-making about fundamental aspects of day-to-day life. This knowledge is integral to a cultural complex that also encompasses language, systems of classification, resource use practices, social interactions, ritual and spirituality. These unique ways of knowing are important facets of the world’s cultural diversity, and provide a foundation for locally-appropriate sustainable development.” UNESCO, Local Knowledge, Global Goals.

Indigenous Cultural and Intellectual Property

“Indigenous knowledge… is increasingly viewed as a commodity— something that can be utilized, transferred to other contexts, developed, innovated, integrated, extracted, and patented.”   Martin Nakata, Alex Byrne, Vicky Nakata & Gabrielle Gardiner (2005).

Copyright and other intellectual property rights protect scholarly and creative works generally, but these protections have emerged from a Western idea of ‘knowledge outputs’ and are inadequate for protecting Indigenous knowledge. For example, cultural skills and practices are not covered by copyright, and Indigenous knowledge has been frequently misappropriated and inappropriately commercialized.

To protect themselves within a Western societal framework, "many Indigenous Peoples, local communities and governments seek intellectual property (IP) protection for traditional knowledge (TK) and traditional cultural expressions (TCEs) as intangible assets. Such assets can range from traditional medicine and environmental knowledge to art, symbols and music."

Documentation of Traditional Knowledge and Traditional Cultural Expressions

The documentation of traditional knowledge (TK) and traditional cultural expressions (TCEs) is a process in which TK and TCEs are identified, collected, organized, registered or recorded. From an intellectual property (IP) perspective, a documentation exercise needs to be undertaken within a framework of sound objectives and principles guided by a clear assessment of the risks and potential benefits, particularly for indigenous peoples and local communities (IPLCs). Upon request, WIPO provides information on the IP implications of documenting TK and TCEs to governments, IPLCs and cultural institutions wishing or required to document TK and TCEs.

Indigenous Data Sovereignty

Indigenous Data Sovereignty is the recognition and implementation of Indigenous Peoples' inherent right to control the entire lifecycle of data concerning their people, territories, resources, and knowledge; including collection, ownership, access, analysis, interpretation, use, and dissemination of data. This right is rooted in their inherent self-determination and sovereignty.

Indigenous Intellectual Property centers on the inherent rights of Indigenous Peoples to protect their traditional knowledge, cultural expressions, and heritage. It recognizes the relationship Indigenous peoples have with their intellectual and cultural knowledge, which is often held collectively and passed down through generations.

Indigenous data is information generated by, for, alongside, or about Indigenous communities. This data can take numerous forms, including photographs, videos, audio recordings, written documents, and datasets.

Local Contexts

Local Contexts is a global initiative that supports Indigenous communities with tools that can reassert cultural authority in heritage collections and data. By focusing on Indigenous Cultural and Intellectual Property and Indigenous Data Sovereignty, Local Contexts helps Indigenous communities repatriate knowledge and gain control over how data is collected, managed, displayed, accessed, and used in the future.

Government Documents

U.S.

Australia

New Zealand