Intellectual Property

Ethics that Govern Aboriginal Spiritual People in the Age of Media

Discussion

How do Aboriginal people relate to their community in the context of their traditional knowledge, and how can the dynamic aspects of traditional knowledge itself be effectively protected from outside exploitation?

Aboriginal communities are the guardians of a collection of sacred knowledge including ceremonies that are becoming increasingly open to unauthorized commercial exploitation by individuals, companies or institutions. Music, songs, dance, stories, designs and symbols are passed on in many Aboriginal communities from memory and by word of mouth.

Each community transmits and uses its traditional knowledge. This knowledge is also very dynamic and evolves with the people of its culture.

The growing interest in indigenous knowledge and culture means Aboriginal people need to protect their information and prevent exploitation and appropriation and to be in a position to enjoy and share benefits derived from that knowledge and to contribute to their goals of self-reliance and self-government.

Some Aboriginal people contend it is not appropriate to use Intellectual Property law to protect sacred knowledge. Then, the alternative is for Aboriginal communities to develop guidelines to prevent unwanted disclosure, to ensure that traditional knowledge remains within the community.

Everything is in a spiritual order with proper protocols in place to call upon the supernatural, the creator through ritual; this is the power we all recognize on some level of our being. The challenge for us now is about learning to master the ability to walk with two worldviews as a Native person of this land. In one world we have our digital communications; our lives constantly change in material form. In the other world we enter ritual to call in the spirit of our ancestors, the spirit, the supernatural: the connection to all life.

As I understand this is what our ceremonies are about, if we do not maintain the link our rituals then become empty gestures of prayer. What of the real emotional hurt and violence that comes from being dispossessed of ones land and ceremonies? We rarely talk about the aggression and hurt that results from our people being driven out of their own societies and culture because of the assimilative practices of government.

Intellectual property rights are real living relationships maintained by people with their land, arts, oral traditions, literatures, designs in the natural and man made worlds. This is also about how treasures of the past are to be protected, shared and passed down in good shape, physically and spiritually to the coming generations.

Guidelines will have to be enforced by the community since it (we) may not have any recourse to the courts if one of its members or someone from outside the community violates the guidelines. Is one answer to obtain informed consent from the Aboriginal community when traditional knowledge is shared with others? And how can we ensure that this happens?

- Marie Burke

Producer, Buffalo Spirit Communications Foundation