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

Graber, Christoph B., Aboriginal Self-Determination vs. the Propertisation of Traditional Culture: The Case of Sacred Wanjina Sites (May 5, 2010). Australian Indigenous Law Review, Vol. 13, No. 2, pp. 18-34, 2009, Available at SSRN: https://ssrn.com/abstract=1600689

Christoph B. Graber (Contact Author)

University of Zurich, Faculty of Law ( email )

Treichlerstrasse 10
Zurich, 8032
Switzerland

HOME PAGE: http://www.ius.uzh.ch/en/staff/professorships/alphabetical/graber/person.html

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