Aboriginal Self-Determination vs. the Propertisation of Traditional Culture: The Case of Sacred Wanjina Sites
Australian Indigenous Law Review, Vol. 13, No. 2, pp. 18-34, 2009
17 Pages Posted: 11 May 2010
Date Written: May 5, 2010
Abstract
In Australia, as with many countries, Aboriginal culture is not comprehensively protected. Rather protection is fragmented between the Western systems of intellectual property, native title and cultural heritage law. This paper addresses the shortcomings of these Western classifications with respect to the interests of the Australian Aborigines, their culture, customs, beliefs and land. It concludes that these systems “propertise” Aboriginal culture and fail to recognise that creative expressions are viewed by the Aborigines, not as owned objects, but as media that maintain the relationship between land, spiritual ancestors and custom. Moreover, the inability of the Western constructs to meet the interests of the Aborigines means that self-determination is required, whereby the Aboriginal people could determine what and how Indigenous heritage should be protected. This should be achieved by introducing “shared sovereignties” between the Aborigines and the Australian Government.
Keywords: Australian Aborigines, Intellectual Property, Native Title, Cultural Heritage, Propertisation, Shared Sovereignties
JEL Classification: K11, K39
Suggested Citation: Suggested Citation