Cultural Tourism and Trade in Indigenous People’s Art and Craft: A Gap Analysis of International Legal Treatise and National Legislation

Ida bt. Madhieha A Ghani Azmi

Abstract


The United Nations Declaration on the Rights of the Indigenous People, adopted on 13 September 2007, provides a clear support for the recognition of indigenous people’s right over their cultural heritage, traditional cultural expression and traditional knowledge (Article 31). The Declaration which was supported by both Malaysia and Indonesia provides the framework for the evolution of laws, regulations and rules to maintain, develop the past and future manifestation of their cultural practices (Article 11). States are also expected to provide effective redress for the misappropriation of their cultural practices including restitution and repatriation of their ceremonial objects and human remains (Article 12).

Indigenous culture is fast growing to be a major drawing appeal to global tourists. This paper commences with a brief expose on how the cultural practices of the indigenous people became a key attractions for tourist in Malaysia. The paper seeks to ask how cultural tourisms can pose harm to the cultural integrity of the indigenous people. The widespread sale of their arts and crafts and the lack of control over reproduction of cheap copies for tourists question the measures taken by the state to control the misappropriation of their cultural practices.

 TCE has also been the subject of coverage in many other international treaties and domestic legislation. This paper examines the gaps between the various legal treatises on TCE and national legislation with the aim of fortifying the relevant rules for countries like Malaysia and Indonesia to emulate. The paper concludes with some suggestions for legislative reform for the effective control of trade in indigenous people’s art and crafts.


Keywords


cultural heritage tourism; indigenous people’s art and craft; gap analysis

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References


Badaruddin Mohamed, Cultural Tourism Promotion and Policy in Malaysia, available online at www.hbp.usm.my/tourism/Papers/paper_cultural.Christian Erni (ed) The Concept of Indigenous Peoples in Asia – A Resource Book/Country Profiles; International Work Group Indigenous Affairs (IWGIA) & Asia Peoples Indigenous Peoples Pact Foundation (AIPP) Copenhagen/Chiang Mai (2008) http://iilj.org/aboutus/documents/IndigenousPeoplesinInternationalLawAConstructivistApproachtotheAsianControversy.Kingsbury.pdf

Colin Nicholas, Orang Asli: Rights. Problems, Solutions, (2010), Suruhanjaya Hak Asasi Manusia (SUHAKAM)

Economic Planning Unit, Ninth Malaysia Plan (2006-2010) chapter 23, available online at www.epu.gov.my/.../ninth-malaysia-plan-2006

Jennie D. Woltz, The Economics of Cultural Misrepresentation: How Should the Indian Arts and Crafts Act of 1990 be Marketed, Fordham Intell. Prop. Media & Ent. L.J. Vol 17:443

Jocelyn L.B. Blanco, Harnessing Traditional Knowledge for Development and Trade: the (Bicol) Phillips Experience, paper presented at Expert Meeting on Systems and National Experiences for Protecting Traditional Knowledge. Innovations and Practices, Geneva, 30 October – 1 November 2000, available online at ,http://r0.unctad.org/trade_env/docs/philippines.pdf,

Siti Shuhada Ahmad Kosnan, Normaz Wana Ismail & Normaz Wana Ismail, Demand Factors for International Tourism in Malaysia: 1998-2009; PROSIDING PERKEM VII, JILID 1 (2012) 44-50, available online at http://www.ukm.my/fep/perkem/pdf/perkemVII/PKEM2012_1A5.pdf

Ragavan Srividya, Protection of Traditional Knowledge, Minnesota Intellectual Propery Review, Vol.2, Issue 2 (2001), pp [i]-60

Tim O’ Rourke & Paul Memmott, Sustaining Indigenous Cultural Tourism: Aboriginal Pathways, Cultural Centres and Dwellings in the Queensland Wet Trophics, CRC for Sustainable Tourism Pty Ltd (2005) at p. 5, available online at http://www.crctourism.com.au/wms/upload/resources/bookshop/ORourke_IndigenousCulture.pdf

Valentina S. Vadi, When Cultures Collide: Foreign Direct Investment, Natural Resources, and Indigenous Heritage in International Investment Law, 24 Colum. Hum. Rts. L. Rev. 797 2010-2011, at p. 806

WIPO, Summary of Draft Policy Objectives and Core Principles, Annex II,WIPO/GRYKF/IC/7/5 available online at www.wipo.int

WIPO, Protection of Traditional Cultural Expressions: Draft Gap Analysis, October 11, 2008, WIPO/GRTKF/IC/13/4/(b) Rev, available online at www.wipo.int

WIPO: The Protection of Traditional Cultural Expressions: Draft Articles, Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, WIPO/GRTKF/IC/18/4Rev, available online at

www.wipo.in

Ida Madieha bt. Abdul Ghani Azmi,Cultural Tourism and Trade in Indigenous People’s Art and Craft: A Gap Analysis of International Legal Treatise and National Legislation,2015


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International Multidiciplinary Conference On Social Sciences (IMCoSS)
Bandar Lampung University
ISSN : 2460-0598