Littérature scientifique sur le sujet « Focusing on enhanced protection of indigenous peoples rights »

This article reviews the 2019 international developments related to cultural activities and facilities as well as issues concerning media in the context of European minorities. Among the highlights are the preliminary views delivered by the UN Human Rights Committee concerning the cultural autonomy of the Sami indigenous peoples in Finland in Sanila-Aikio v. Finland and Käkkäläjärvi et al. v. Finland, the 2019 International Year of Indigenous Languages, and the EU Council Recommendation on a comprehensive approach to the teaching and learning of languages. The theme of biand multilingual education is enhanced within UNESCO, the Framework Convention for the Protection of National Minorities, the European Charter for Regional or Minority Languages, and the EU.

Even though the principle of free, prior and informed consent (FPIC) is soft law, the need to respect, protect and fulfil the rights to be informed and to be involved in development projects is strongly backed in international legal instruments including inter alia the ILO Convention 169 Concerning Indigenous and Tribal People in Independent Countries (1998) and the UN Declaration on the Rights of Indigenous and Tribal People (2007). These instruments do not only appear to be the most comprehensive and advanced international legal instruments that deal with indigenous peoples' rights in terms of the FPIC, but also signal an addition to the growing body of international human rights law that serves to ensure the realisation and protection of the substantive environmental and other human rights of indigenous people, particularly in the context of land grabbing activities that have the potential to negatively impact on their rights. Such rights include, for example, the rights to be informed and to participate in decision-making processes with respect to development projects, including land grabbing activities. This implies an obligation on states party to such international agreements to ensure that indigenous people are informed about and are actively involved in both the negotiation and the implementation of land grabbing deals. However, because the latter often takes place against the background of non-transparent transactions which are inimical to the rights and interests of indigenous people, one may wonder why the principle of FPIC is not applicable during land grabbing transactions.Focusing on Cameroon, this article examines instances of land grabbing in the country in order to support this hypothesis. This is done by focusing specifically on the application of the principle of FPIC. The arguments in the article are inspired by international law in which the application of the principle in the context of land grabbing serves not only to protect the rights and interests of indigenous people but is also conducive to fostering and reinforcing the land governance regime of host countries involved in such deals. To this end, the article concludes that because the principle embodies aspects of procedural rights such as the rights to information and participation, which are often conspicuously lacking during land grabbing contracts, its application in and during land grabbing might be useful to set the basis for the recognition, promotion, and enforcement of local communities' rights in Cameroon.

ABSTRACT Projected demand for renewable energy storage has underlined the importance of lithium-ion batteries, reflected in concern over ‘supply chain security’ for critical minerals. Yet, other voices have called for ‘supply chain justice’ among governments, firms, and communities affected by the social and environmental externalities of lithium extraction. To anticipate disputes and draw a baseline for further research, this article surveys the relevant rules of international law that presently regulate major operations of the lithium industry. First, the material dimensions of lithium are transformed into a workable object of international law, focusing on viable reserves (as opposed to all proven resources) and the analytical priority of territorial jurisdiction. Second, the regulatory regimes of four States with major reserves—Chile, Australia, Argentina, and China—illustrate recurring challenges, such as incentivizing investment in value-added production and the discontent of Indigenous communities. Third, the trade and investment treaties of these States help us to map an international legal framework for the lithium industry, focusing on the World Trade Organization, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, and the Regional Comprehensive Economic Partnership. But such treaties may be interpreted in light of a State’s obligations concerning human rights, environmental protection, and Indigenous peoples, giving legal form to the pursuit of supply chain justice in the energy transition.

Since 1989 we have witnessed a proliferation of efforts to develop international norms of the rights of ethnocultural minorities, such as the UN's 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, the Council of Europe's 1995 Framework Convention for the Protection of National Minorities, and the Organization of American States' 1997 draft Declaration on the Rights of Indigenous Peoples. This activity at the level of international law is reflected in a comparable explosion of interest in minority rights among normative political theorists.In this context, Michael Walzer's work occupies an important but somewhat anomalous role. On the one hand, he was arguably the first political theorist, at least in the postwar era, to take seriously the issue of minority rights. Nonetheless, Walzer's work has had surprisingly little enduring impact on multiculturalism debates in either academic political theory or international law.One explanation for this puzzle is that Walzer's substantive discussion of minority rights seems to sit uneasily with his more foundational theory of justice, laid out in Spheres of Justice. I want to suggest a distinct (but complementary) explanation for why Walzer's work has not permeated the debate, focusing less on metaethical worries about his account of common meanings, and more on the practicalities of how he categorizes ethnic diversity. Walzer's state-differentiated but minority-undifferentiated approach simply does not connect to the governing premises of the larger academic and public debate, which treat minorities as differentiated and states as undifferentiated. I believe it is Walzer's idiosyncratic approach to categorization—more than his controversial theory of justice-as-common-meanings—which explains his relatively marginal role in the multiculturalism debate.

Abstract Both Inuit and Sámi have experienced the expansion of colonial state systems and immigrant populations from the south into their territories in Arctic Canada and northernmost Europe respectively. These historical processes have resulted, among other socio-economic conditions, in the superposition and often displacement of their aboriginal toponymy by external interests introducing other languages and place names. In the introduction this paper discusses the socio-linguistic conditions of aboriginal languages in Canada and in Europe. Both situations differ with regard to the legal protection of lesser-used, minority or aboriginal languages. In Europe the linguistic rights of minorities or aboriginal peoples are protected under conventions and by laws on the international and national level. In fact, the framework of the European Union has enhanced the position of languages in general. In the Canadian confederation, with English and French as official languages, specific legal provisions for aboriginal languages exist at the provincial and territorial levels. Still, the levels of protection are considerably weaker for these languages. As case studies the socio-linguistic conditions among the Inuit and Sámi are analyzed by focusing on the maintenance and development of their aboriginal toponymy as cultural and linguistic heritage and expression of human environmental relations. The paper explains recent practical efforts by both Inuit and Sámi to counteract the process of linguistic displacement by developing programs to enhance the development of their integral place name systems. Both Inuit and Sámi institutions have established programs to record and document their oral and historical toponymy, using modern technologies to produce maps and gazetteers. These programs are presented and discussed in the light of cultural self-determination and human and linguistic rights. In conclusion, the question is discussed if communities of lesser-used languages are able to maintain the functional space needed for the security of their languages within a multicultural and multilingual context.

Australia in Maps is a compilation of cartography taken from the collection of over 600,000 maps held at the Australian National Library. Included in this collection are military maps, coastal maps and modern-day maps for tourists. The map of the eastern coast of ‘New Holland’ drawn by James Cook when he ‘discovered’ Australia in 1770 is included. Also published is Eddie Koiki Mabo’s map drawn on a hole-punched piece of paper showing traditional land holdings in the Murray Islands in the Torres Strait. This map became a key document in Eddie Mabo’s fight for native title recognition, a fight which became the precursor to native title rights as they are known today. The inclusion of these two drawings in a collection of maps defining Australia as a country illustrates the dichotomies and contradictions which exist in a colonial nation. It is now fifteen years since the Native Title Act 1994 (Commonwealth) was developed in response to the Mabo cases in order to recognise Indigenous customary law and traditional relationships to the land over certain (restricted) parts of Australia. It is 220 years since the First Fleet arrived and Indigenous land was (and remains) illegally possessed through the process of colonisation (Moreton-Robinson Australia). Questions surrounding ‘country’ – who owns it, has rights to use it, to live on it, to develop or protect it – are still contested and contentious today. In part, this contention arises out of the radically different conceptions of ‘country’ held by, in its simplest sense, Indigenous nations and colonisers. For Indigenous Australians the land has a spiritual significance that I, as a non-Indigenous person, cannot properly understand as a result of the different ways in which relationships to land are made available. The ways of understanding the world through which my identity as a non-Indigenous person are made intelligible, by contrast, see ‘country’ as there to be ‘developed’ and exploited. Within colonial logic, discourses of development and the productive use of resources function as what Wetherell and Potter term “rhetorically self-sufficient” in that they are principles which are considered to be beyond question (177). As Vincent Tucker states; “The myth of development is elevated to the status of natural law, objective reality and evolutionary necessity. In the process all other world views are devalued and dismissed as ‘primitive’, ‘backward’, ‘irrational’ or ‘naïve’” (1). It was this precise way of thinking which was able to justify colonisation in the first place. Australia was seen as terra nullius; an empty and un-developed land not recognized as inhabited. Indigenous people were incorrectly perceived as individuals who did not use the land in an efficient manner, rather than as individual nations who engaged with the land in ways that were not intelligible to the colonial eye. This paper considers the tensions inherent in definitions of ‘country’ and the way these tensions are played out through native title claims as white, colonial Australia attempts to recognise (and limit) Indigenous rights to land. It examines such tensions as they appear in the media as an example of how native title issues are made intelligible to the non-Indigenous general public who may otherwise have little knowledge or experience of native title issues. It has been well-documented that the news media play an important role in further disseminating those discourses which dominate in a society, and therefore frequently supports the interests of those in positions of power (Fowler; Hall et. al.). As Stuart Hall argues, this means that the media often reproduces a conservative status quo which in many cases is simply reflective of the positions held by other powerful institutions in society, in this case government, and mining and other commercial interests. This has been found to be the case in past analysis of media coverage of native title, such as work completed by Meadows (which found that media coverage of native title issues focused largely on non-Indigenous perspectives) and Hartley and McKee (who found that media coverage of native title negotiations frequently focused on bureaucratic issues rather than the rights of Indigenous peoples to oppose ‘developments’ on their land). This paper aims to build on this work, and to map the way in which native title, an ongoing issue for many Indigenous groups, figures in a mainstream newspaper at a time when there has not been much mainstream public interest in the process. In order to do this, this paper considered articles which appeared in Australia’s only national newspaper – The Australian – over the six months preceding the start of July 2008. Several main themes ran through these articles, examples of which are provided in the relevant sections. These included: economic interests in native title issues, discourses of white ownership and control of the land, and rhetorical devices which reinforced the battle-like nature of native title negotiations rather than emphasised the rights of Indigenous Australians to their lands. Native Title: Some Definitions and Some Problems The concept of native title itself can be a difficult one to grasp and therefore a brief definition is called for here. According to the National Native Title Tribunal (NNTT) website (www.nntt.gov.au), native title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs. The native title rights and interests held by particular Indigenous people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to the rights held by others. Native title is therefore recognised as existing on the basis of certain laws and customs which have been maintained over an area of land despite the disruption caused by colonisation. As such, if native title is to be recognised over an area of country, Indigenous communities have to argue that their cultures and connection with the land have survived colonisation. As the Maori Land Court Chief Judge Joe Williams argues: In Australia the surviving title approach […] requires the Indigenous community to prove in a court or tribunal that colonisation caused them no material injury. This is necessary because, the greater the injury, the smaller the surviving bundle of rights. Communities who were forced off their land lose it. Those whose traditions and languages were beaten out of them at state sponsored mission schools lose all of the resources owned within the matrix of that language and those traditions. This is a perverse result. In reality, of course, colonisation was the greatest calamity in the history of these people on this land. Surviving title asks aboriginal people to pretend that it was not. To prove in court that colonisation caused them no material injury. Communities who were forced off their land are the same communities who are more likely to lose it. As found in previous research (Meadows), these inherent difficulties of the native title process were widely overlooked in recent media reports of native title issues published in The Australian. Due to recent suggestions made by Indigenous Affairs Minister Jenny Macklin for changes to be made to the native title system, The Australian did include reports on the need to ensure that traditional owners share the economic profits of the mining boom. This was seen in an article by Karvelas and Murphy entitled “Labor to Overhaul Native Title Law”. The article states that: Fifteen years after the passage of the historic Mabo legislation, the Rudd Government has flagged sweeping changes to native title to ensure the benefits of the mining boom flow to Aboriginal communities and are not locked up in trusts or frittered away. Indigenous Affairs Minister Jenny Macklin, delivering the third annual Eddie Mabo Lecture in Townsville, said yesterday that native title legislation was too complex and had failed to deliver money to remote Aboriginal communities, despite lucrative agreements with mining companies. (1) Whilst this passage appears supportive of Indigenous Australians in that it argues for their right to share in economic gains made through ‘developments’ on their country, the use of phrases such as ‘frittered away’ imply that Indigenous Australians have made poor use of their ‘lucrative agreements’, and therefore require further intervention in their lives in order to better manage their financial situations. Such an argument further implies that the fact that many remote Indigenous communities continue to live in poverty is the fault of Indigenous Australians’ mismanagement of funds from native title agreements rather than from governmental neglect, thereby locating the blame once more in the hands of Indigenous people rather than in a colonial system of dispossession and regulation. Whilst the extract does continue to state that native title legislation is too complex and has ‘failed to deliver money to remote Aboriginal communities’, the article does not go on to consider other areas in which native title is failing Indigenous people, such as reporting the protection of sacred and ceremonial sites, and provisions for Indigenous peoples to be consulted about developments on their land to which they may be opposed. Whilst native title agreements with companies may contain provisions for these issues, it is rare that there is any regulation for whether or not these provisions are met after an agreement is made (Faircheallaigh). These issues almost never appeared in the media which instead focused on the economic benefits (or lack thereof) stemming from the land rather than the sovereign rights of traditional owners to their country. There are many other difficulties inherent in the native title legislation for Indigenous peoples. It is worth discussing some of these difficulties as they provide an image of the ways in which ‘country’ is conceived of at the intersection of a Western legal system attempting to encompass Indigenous relations to land. The first of these difficulties relates to the way in which Indigenous people are required to delineate the boundaries of the country which they are claiming. Applications for native title over an area of land require strict outlining of boundaries for land under consideration, in accordance with a Western system of mapping country. The creation of such boundaries requires Indigenous peoples to define their country in Western terms rather than Indigenous ones, and in many cases proves quite difficult as areas of traditional lands may be unavailable to claim (Neate). Such differences in understandings of country mean that “for Indigenous peoples, the recognition of their indigenous title, should it be afforded, may bear little resemblance to, or reflect minimally on, their own conceptualisation of their relations to country” (Glaskin 67). Instead, existing as it does within a Western legal system and subject to Western determinations, native title forces Indigenous people to define themselves and their land within white conceptions of country (Moreton-Robinson Possessive). In fact, the entire concept of native title has been criticized by many Indigenous commentators as a denial of Indigenous sovereignty over the land, with the result of the Mabo case meaning that “Indigenous people did not lose their native title rights but were stripped of their sovereign rights to manage their own affairs, to live according to their own laws, and to own and control the resources on their lands” (Falk and Martin 38). As such, Falk and Martin argue that The Native Title Act amounts to a complete denial of Aboriginal sovereignty so that Indigenous people are forced to live under a colonial regime which is able to control and regulate their lives and access to country. This is commented upon by Aileen Moreton-Robinson, who writes that: What Indigenous people have been given, by way of white benevolence, is a white-constructed from of ‘Indigenous’ proprietary rights that are not epistemologically and ontologically grounded in Indigenous conceptions of sovereignty. Indigenous land ownership, under these legislative regimes, amounts to little more than a mode of land tenure that enables a circumscribed form of autonomy and governance with minimum control and ownership of resources, on or below the ground, thus entrenching economic dependence on the nation state. (Moreton-Robinson Sovereign Subjects 4) The native title laws in place in Australia restrict Indigenous peoples to existing within white frameworks of knowledge. Within the space of The Native Title Act there is no room for recognition of Indigenous sovereignty whereby Indigenous peoples can make decisions for themselves and control their own lands (Falk and Martin). These tensions within definitions of ‘country’ and sovereignty over land were reflected in the media articles examined, primarily in terms of the way in which ‘country’ was related to and used. This was evident in an article entitled “An Economic Vision” with a tag-line “Native Title Reforms offer Communities a Fresh Start”: Central to such a success story is the determination of indigenous people to help themselves. Such a business-like, forward-thinking approach is also evident in Kimberley Land Council executive director Wayne Bergmann's negotiations with some of the world's biggest resource companies […] With at least 45 per cent of Kimberley land subject to native title, Mr Bergmann, a qualified lawyer, is acutely aware of the royalties and employment potential. Communities are also benefitting from the largesse of Australia’s richest man, miner Andrew “Twiggy” Forrest, whose job training courses and other initiatives are designed to help the local people, in his words, become “wonderful participating Australians.” (15) Again, this article focuses on the economic benefits to be made from native title agreements with mining companies rather than other concerns with the use of Indigenous areas of country. The use of the quote from Forrest serves to imply that Indigenous peoples are not “wonderful participating Australians” unless they are able to contribute in an economic sense, and overlooks many contributions made by Indigenous peoples in other areas such as environmental protection. Such definitions also measure ‘success’ in Western terms rather than Indigenous ones and force Indigenous peoples into a relationship to country based on Western notions of resource extraction and profit rather than Indigenous notions of custodianship and sustainability. This construction of Indigenous economic involvement as only rendered valid on particular terms echoes findings from previous work on constructions of Indigenous people in the media, such as that by LeCouteur, Rapley and Augoustinos. Theorising ‘Country’ The examples provided above illustrate the fact that the rhetoric and dichotomies of ‘country’ are at the very heart of the native title process. The process of recognising Indigenous rights to land through native title invites the question of how ‘country’ is conceived in the first place. Goodall writes that there are tensions within definitions of ‘country’ which indicate the ongoing presence of Indigenous people’s connections to their land despite colonisation. She writes that the word ‘country’: may seem a self-evident description of rural economy and society, with associations of middle-class gentility as well as being the antonym of the city. Yet in Australia there is another dimension altogether. Aboriginal land-owners traditionally identify themselves by the name of the land for which they were the custodians. These lands are often called, in today’s Aboriginal English, their ‘country’. This gives the word a tense and resonating echo each time it is used to describe rural-settler society and land. (162) Yet the distinctions usually drawn between those defined as ‘country’ people or ‘locals’ and the traditional Indigenous people of the area suggest that, as Schlunke states, in many cases Indigenous people are “too local to be ‘local’” (43). In other words, if white belonging and rights to an area of country are to be normalised, the prior claims of traditional owners are not able to be considered. As such, Indigenous belonging becomes too confronting as it disrupts the ways in which other ‘country’ people relate to their land as legitimately theirs. In the media, constructions of ‘country’ frequently fell within a colonial definition of country which overlooked Indigenous peoples. In many of these articles land was normatively constructed as belonging to the crown or the state. This was evidenced in phrases such as, “The proceedings [of the Noongar native title claim over the South Western corner of Australia] have been watched closely by other states in the expectation they might encounter similar claims over their capital cities” (Buckley-Carr 2). Use of the word their implies that the states (which are divisions of land created by colonisation) have prior claim to ‘their’ capital cities and that they rightfully belong to the government rather than to traditional owners. Such definitions of ‘country’ reflect European rather than Indigenous notions of boundaries and possession. This is also reflected in media reports of native title in the widespread use of European names for areas of land and landmarks as opposed to their traditional Indigenous names. When the media reported on a native title claim over an area of land the European name for the country was used rather than, for example, the Indigenous name followed by a geographical description of where that land is situated. Customs such as this reflect a country which is still bound up in European definitions of land rather than Indigenous ones (Goodall 167; Schlunke 47-48), and also indicate that the media is reporting for a white audience rather than for an Indigenous one whom it would affect the most. Native title debates have also “shown the depth of belief within much of rural and regional Australia that rural space is most rightfully agricultural space” (Lockie 27). This construction of rural Australia is reflective of the broader national imagining of the country as a nation (Anderson), in which Australia is considered rich in resources from which to derive profit. Within these discourses the future of the nation is seen as lying in the ‘development’ of natural resources. As such, native title agreements with industry have often been depicted in the media as obstacles to be overcome by companies rather than a way of allowing Indigenous people control over their own lands. This often appears in the media in the form of metaphors of ‘war’ for agreements for use of Indigenous land, such as development being “frustrated” by native title (Bromby) and companies being “embattled” by native title issues (Wilson). Such metaphors illustrate the adversarial nature of native title claims both for recognition of the land in the first place and often in subsequent dealings with resource companies. This was also seen in reports of company progress which would include native title claims in a list of other factors affecting stock prices (such as weak drilling results and the price of metals), as if Indigenous claims to land were just another hurdle to profit-making (“Pilbara Lures”). Conclusion As far as the native title process is concerned, the answers to the questions considered at the start of this paper remain within Western definitions. Native title exists firmly within a Western system of law which requires Indigenous people to define and depict their land within non-Indigenous definitions and understandings of ‘country’. These debates are also frequently played out in the media in ways which reflect colonial values of using and harvesting country rather than Indigenous ones of protecting it. The media rarely consider the complexities of a system which requires Indigenous peoples to conceive of their land through boundaries and definitions not congruent with their own understandings. The issues surrounding native title draw attention to the need for alternative definitions of ‘country’ to enter the mainstream Australian consciousness. These need to encompass Indigenous understandings of ‘country’ and to acknowledge the violence of Australia’s colonial history. Similarly, the concept of native title needs to reflect Indigenous notions of country and allow traditional owners to define their land for themselves. In order to achieve these goals and overcome some of the obstacles to recognising Indigenous sovereignty over Australia the media needs to play a part in reorienting concepts of country from only those definitions which fit within a white framework of experiencing the world and prioritise Indigenous relations and experiences of country. If discourses of resource extraction were replaced with discourses of sustainability, if discourses of economic gains were replaced with respect for the land, and if discourses of white control over Indigenous lives in the form of native title reform were replaced with discourses of Indigenous sovereignty, then perhaps some ground could be made to creating an Australia which is not still in the process of colonising and denying the rights of its First Nations peoples. The tensions which exist in definitions and understandings of ‘country’ echo the tensions which exist in Australia’s historical narratives and memories. The denied knowledge of the violence of colonisation and the rights of Indigenous peoples to remain on their land all haunt a native title system which requires Indigenous Australians to minimise the effect this violence had on their lives, their families and communities and their values and customs. As Katrina Schlunke writes when she confronts the realisation that her family’s land could be the same land on which Indigenous people were massacred: “The irony of fears of losing one’s backyard to a Native Title claim are achingly rich. Isn’t something already lost to the idea of ‘Freehold Title’ when you live over unremembered graves? What is free? What are you to hold?” (151). If the rights of Indigenous Australians to their country are truly to be recognised, mainstream Australia needs to seriously consider such questions and whether or not the concept of ‘native title’ as it exists today is able to answer them. Acknowledgments I would like to thank Damien Riggs and Andrew Gorman-Murray for all their help and support with this paper, and Braden Schiller for his encouragement and help with proof-reading. I would also like to thank the anonymous referees for their insightful comments. References Anderson, Benedict. Imagined Communities. London: Verso, 1983. “An Economic Vision.” The Australian 23 May 2008. Bromby, Robin. “Areva deal fails to lift Murchison.” The Australian 30 June 2008: 33. Buckley-Carr, Alana. “Ruling on Native Title Overturned.” The Australian 24 April 2008: 2. Faircheallaigh, Ciaran. “Native Title and Agreement Making in the Mining Industry: Focusing on Outcomes for Indigenous Peoples.” Land, Rights, Laws: Issues of Native Title 2, (2004). 20 June 2008 http://ntru.aiatsis.gov.au/ntpapers/ipv2n25.pdf Falk, Philip and Gary Martin. “Misconstruing Indigenous Sovereignty: Maintaining the Fabric of Australian Law.” Sovereign Subjects: Indigenous Sovereignty Matters. Ed. Aileen Moreton-Robinson. Allen and Unwin, 2007. 33-46. Fowler, Roger. Language in the News: Discourse and Ideology in the Press. London: Routledge, 1991. Glaskin, Katie. “Native Title and the ‘Bundle of Rights’ Model: Implications for the Recognition of Aboriginal Relations to Country.” Anthropological Forum 13.1 (2003): 67-88. Goodall, Heather. “Telling Country: Memory, Modernity and Narratives in Rural Australia.” History Workshop Journal 47 (1999): 161-190. Hall, Stuart, Critcher, C., Jefferson, T., Clarke, J. and Roberts, B. Policing the Crisis: Mugging, the state, and Law and Order. London: Macmillan, 1978. Hartley, John, and Alan McKee. The Indigenous Public Sphere: The Reporting and Reception of Aboriginal Issues in the Australian Media. Oxford: Oxford UP, 2000. Karvelas, Patricia and Padraic Murphy. “Labor to Overhaul Native Title Laws.” The Australian, 22 May 2008: 1. LeCouteur, Amanda, Mark Rapley and Martha Augoustinos. “This Very Difficult Debate about Wik: Stake, Voice and the Management of Category Membership in Race Politics.” British Journal of Social Psychology 40 (2001): 35-57. Lockie, Stewart. “Crisis and Conflict: Shifting Discourses of Rural and Regional Australia.” Land of Discontent: The Dynamics of Change in Rural and Regional Australia. Ed. Bill Pritchard and Phil McManus. Kensington: UNSW P, 2000. 14-32. Meadows, Michael. “Deals and Victories: Newspaper Coverage of Native Title in Australia and Canada.” Australian Journalism Review 22.1 (2000): 81-105. Moreton-Robinson, Aileen. “I still call Australia Home: Aboriginal Belonging and Place in a White Postcolonising Nation.” Uprooting/Regrounding: Questions of Home and Migration. Eds. S Ahmed et.al. Oxford: Berg, 2003. 23-40. Moreton-Robinson, Aileen. “The Possessive Logic of Patriarchal White Sovereignty: The High Court and the Yorta Yorta Decision.” Borderlands e-Journal 3.2 (2004). 20 June 2008. http://www.borderlands.net.au/vol3no2_2004/moreton_possessive.htm Morteton-Robinson, Aileen. Ed. Sovereign Subjects: Indigenous Sovereignty Matters. Allen and Unwin, 2007. Neate, Graham. “Mapping Landscapes of the Mind: A Cadastral Conundrum in the Native Title Era.” Conference on Land Tenure and Cadastral Infrastructures for Sustainable Development, Melbourne, Australia (1999). 20 July 2008. http://www.sli.unimelb.edu.au/UNConf99/sessions/session5/neate.pdf O’Connor, Maura. Australia in Maps: Great Maps in Australia’s History from the National Library’s Collection. Canberra: National Library of Australia, 2007. “Pilbara Lures Explorer with Promise of Metal Riches.” The Australian. 28 May 2008: Finance 2. Schlunke, Katrina. Bluff Rock: An Autobiography of a Massacre. Fremantle: Curtin U Books, 2005. “The National Native Title Tribunal.” Exactly What is Native Title? 29 July 2008. http://www.nntt.gov.au/What-Is-Native-Title/Pages/What-is-Native-Title.aspx The National Native Title Tribunal Fact Sheet. What is Native Title? 29 July 2008. http://www.nntt.gov.au Path; Publications-And-Research; Publications; Fact Sheets. Tucker, Vincent. “The Myth of Development: A Critique of Eurocentric Discourse.” Critical Development Theory: Contributions to a New Paradigm. Ed. Ronaldo Munck, Denis O'Hearn. Zed Books, 1999. 1-26. Wetherell, Margaret, and Jonathan Potter. Mapping the Language of Racism: Discourse and the Legitimation of Exploitation. New York: Harvester Wheatsheaf, 1992. Williams, Joe. “Confessions of a Native Title Judge: Reflections on the Role of Transitional Justice in the Transformation of Indigeneity.” Land, Rights, Laws: Issues of Native Title 3, (2008). 20 July 2008. http://ntru.aiatsis.gov.au/publications/issue_papers.html Wilson, Nigel. “Go with the Flow.” The Australian, 29 March 2008: 1.

IntroductionThe debate about the responsibility of museums to respect Indigenous peoples’ rights (Kelly and Gordon; Butts) has caught our attention on the basis of our previous research experience with regard to the protection of the tangible and intangible heritage of the San (former hunter gatherers) in Southern Africa (Martin and Vermeylen; Vermeylen, Contextualising; Vermeylen, Life Force; Vermeylen et al.; Vermeylen, Land Rights). This paper contributes to the critical debate about curatorial practices and the recovery of Indigenous peoples’ cultural practices and explores how museums can be transformed into cultural centres that “decolonise” their objects while simultaneously providing social agency to marginalised groups such as the San. Indigenous MuseumTraditional methods of displaying Indigenous heritage are now regarded with deep suspicion and resentment by Indigenous peoples (Simpson). A number of related issues such as the appropriation, ownership and repatriation of culture together with the treatment of sensitive and sacred materials and the stereotyping of Indigenous peoples’ identity (Carter; Simpson) have been identified as the main problems in the debate about museum curatorship and Indigenous heritage. The poignant question remains whether the concept of a classical museum—in the sense of how it continues to classify, value and display non-Western artworks—will ever be able to provide agency to Indigenous peoples as long as “their lives are reduced to an abstract set of largely arbitrary material items displayed without much sense of meaning” (Stanley 3). Indeed, as Salvador has argued, no matter how much Indigenous peoples have been involved in the planning and implementation of an exhibition, some issues remain problematic. First, there is the problem of representation: who speaks for the group; who should make decisions and under what circumstances; when is it acceptable for “outsiders” to be involved? Furthermore, Salvador raises another area of contestation and that is the issue of intention. As we agree with Salvador, no matter how good the intention to include Indigenous peoples in the curatorial practices, the fact that Indigenous peoples may have a (political) perspective about the exhibition that differs from the ideological foundation of the museum enterprise, is, indeed, a challenge that must not be overlooked in the discussion of the inclusive museum. This relates to, arguably, one of the most important challenges in respect to the concept of an Indigenous museum: how to present the past and present without creating an essentialising “Other”? As Stanley summarises, the modernising agenda of the museum, including those museums that claim to be Indigenous museums, continues to be heavily embedded in the belief that traditional cultural beliefs, practices and material manifestations must be saved. In other words, exhibitions focusing on Indigenous peoples fail to show them as dynamic, living cultures (Simpson). This raises the issue that museums recreate the past (Sepúlveda dos Santos) while Indigenous peoples’ interests can be best described “in terms of contemporaneity” (Bolton qtd. in Stanley 7). According to Bolton, Indigenous peoples’ interest in museums can be best understood in terms of using these (historical) collections and institutions to address contemporary issues. Or, as Sepúlveda dos Santos argues, in order for museums to be a true place of memory—or indeed a true place of recovery—it is important that the museum makes the link between the past and contemporary issues or to use its objects in such a way that these objects emphasize “the persistence of lived experiences transmitted through generations” (29). Under pressure from Indigenous rights movements, the major aim of some museums is now reconciliation with Indigenous peoples which, ultimately, should result in the return of the cultural objects to the originators of these objects (Kelly and Gordon). Using the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) as an illustration, we argue that the whole debate of returning or recovering Indigenous peoples’ cultural objects to the original source is still embedded in a discourse that emphasises the mummified aspect of these materials. As Harding argues, NAGPRA is provoking an image of “native Americans as mere passive recipients of their cultural identity, beholden to their ancestors and the museum community for the re-creation of their cultures” (137) when it defines cultural patrimony as objects having ongoing historical, traditional or cultural importance, central to the Native American group or culture itself. According to Harding (2005) NAGPRA’s dominating narrative focuses on the loss, alienation and cultural genocide of the objects as long as these are not returned to their originators. The recovery or the return of the objects to their “original” culture has been applauded as one of the most liberating and emancipatory events in recent years for Indigenous peoples. However, as we have argued elsewhere, the process of recovery needs to do more than just smother the object in its past; recovery can only happen when heritage or tradition is connected to the experience of everyday life. One way of achieving this is to move away from the objectification of Indigenous peoples’ cultures. ObjectificationIn our exploratory enquiry about new museum practices our attention was drawn to a recent debate about ownership and personhood within the context of museology (Busse; Baker; Herle; Bell; Geismar). Busse, in particular, makes the point that in order to reformulate curatorial practices it is important to redefine the concept and meaning of objects. While the above authors do not question the importance of the objects, they all argue that the real importance does not lie in the objects themselves but in the way these objects embody the physical manifestation of social relations. The whole idea that objects matter because they have agency and efficacy, and as such become a kind of person, draws upon recent anthropological theorising by Gell and Strathern. Furthermore, we have not only been inspired by Gell’s and Strathern’s approaches that suggests that objects are social persons, we have also been influenced by Appadurai’s and Kopytoff’s defining of objects as biographical agents and therefore valued because of the associations they have acquired throughout time. We argue that by framing objects in a social network throughout its lifecycle we can avoid the recurrent pitfalls of essentialising objects in terms of their “primitive” or “traditional” (aesthetic) qualities and mystifying the identity of Indigenous peoples as “noble savages.” Focusing more on the social network that surrounds a particular object opens up new avenues of enquiry as to how, and to what extent, museums can become more inclusive vis-à-vis Indigenous peoples. It allows moving beyond the current discourse that approaches the history of the (ethnographic) museum from only one dominant perspective. By tracing an artwork throughout its lifecycle a new metaphor can be discovered; one that shows that Indigenous peoples have not always been victims, but maybe more importantly it allows us to show a more complex narrative of the object itself. It gives us the space to counterweight some of the discourses that have steeped Indigenous artworks in a “postcolonial” framework of sacredness and mythical meaning. This is not to argue that it is not important to be reminded of the dangers of appropriating other cultures’ heritage, but we would argue that it is equally important to show that approaching a story from a one-sided perspective will create a dualism (Bush) and reducing the differences between different cultures to a dualistic opposition fails to recognise the fundamental areas of agency (Morphy). In order for museums to enliven and engage with objects, they must become institutions that emphasise a relational approach towards displaying and curating objects. In the next part of this paper we will explore to what extent an online museum could progressively facilitate the process of providing agency to the social relations that link objects, persons, environments and memories. As Solanilla argues, what has been described as cybermuseology may further transform the museum landscape and provide an opportunity to challenge some of the problems identified above (e.g. essentialising practices). Or to quote the museologist Langlais: “The communication and interaction possibilities offered by the Web to layer information and to allow exploration of multiple meanings are only starting to be exploited. In this context, cybermuseology is known as a practice that is knowledge-driven rather than object-driven, and its main goal is to disseminate knowledge using the interaction possibilities of Information Communication Technologies” (Langlais qtd. in Solanilla 108). One thing which shows promise and merits further exploration is the idea of transforming the act of exhibiting ethnographic objects accompanied by texts and graphics into an act of cyber discourse that allows Indigenous peoples through their own voices and gestures to involve us in their own history. This is particularly the case since Indigenous peoples are using technologies, such as the Internet, as a new medium through which they can recuperate their histories, land rights, knowledge and cultural heritage (Zimmerman et al.). As such, new technology has played a significant role in the contestation and formation of Indigenous peoples’ current identity by creating new social and political spaces through visual and narrative cultural praxis (Ginsburg).Online MuseumsIt has been acknowledged for some time that a presence on the Web might mitigate the effects of what has been described as the “unassailable voice” in the recovery process undertaken by museums (Walsh 77). However, a museum’s online engagement with an Indigenous culture may have significance beyond undercutting the univocal authority of a museum. In the case of the South African National Gallery it was charged with challenging the extent to which it represents entrenched but unacceptable political ideologies. Online museums may provide opportunities in the conservation and dissemination of “life stories” that give an account of an Indigenous culture as it is experienced (Solanilla 105). We argue that in engaging with Indigenous cultural heritage a distinction needs to be drawn between data and the cognitive capacity to learn, “which enables us to extrapolate and learn new knowledge” (Langlois 74). The problem is that access to data about an Indigenous culture does not necessarily lead to an understanding of its knowledge. It has been argued that cybermuseology loses the essential interpersonal element that needs to be present if intangible heritage is understood as “the process of making sense that is generally transmitted orally and through face-to-face experience” (Langlois 78). We agree that the online museum does not enable a reality to be reproduced (Langlois 78).This does not mean that cybermuseology should be dismissed. Instead it provides the opportunity to construct a valuable, but completely new, experience of cultural knowledge (Langlois 78). The technology employed in cybermuseology provides the means by which control over meaning may, at least to some extent, be dispersed (Langlois 78). In this way online museums provide the opportunity for Indigenous peoples to challenge being subjected to manipulation by one authoritative museological voice. One of the ways this may be achieved is through interactivity by enabling the use of social tagging and folksonomy (Solanilla 110; Trant 2). In these processes keywords (tags) are supplied and shared by visitors as a means of accessing museum content. These tags in turn give rise to a classification system (folksonomy). In the context of an online museum engaging with an Indigenous culture we have reservations about the undifferentiated interactivity on the part of all visitors. This issue may be investigated further by examining how interactivity relates to communication. Arguably, an online museum is engaged in communicating Indigenous cultural heritage because it helps to keep it alive and pass it on to others (Langlois 77). However, enabling all visitors to structure online access to that culture may be detrimental to the communication of knowledge that might otherwise occur. The narratives by which Indigenous cultures, rather than visitors, order access to information about their cultures may lead to the communication of important knowledge. An illustration of the potential of this approach is the work Sharon Daniel has been involved with, which enables communities to “produce knowledge and interpret their own experience using media and information technologies” (Daniel, Palabras) partly by means of generating folksonomies. One way in which such issues may be engaged with in the context of online museums is through the argument that database and narrative in such new media objects are opposed to each other (Manovich, New Media 225). A new media work such as an online museum may be understood to be comprised of a database and an interface to that database. A visitor to an online museum may only move through the content of the database by following those paths that have been enabled by those who created the museum (Manovich, New Media 227). In short it is by means of the interface provided to the viewer that the content of the database is structured into a narrative (Manovich, New Media: 226). It is possible to understand online museums as constructions in which narrative and database aspects are emphasized to varying degrees for users. There are a variety of museum projects in which the importance of the interface in creating a narrative interface has been acknowledged. Goldblum et al. describe three examples of websites in which interfaces may be understood as, and explicitly designed for, carrying meaning as well as enabling interactivity: Life after the Holocaust; Ripples of Genocide; and Yearbook 2006.As with these examples, we suggest that it is important there be an explicit engagement with the significance of interface(s) for online museums about Indigenous peoples. The means by which visitors access content is important not only for the way in which visitors interact with material, but also as to what is communicated about, culture. It has been suggested that the curator’s role should be moved away from expertly representing knowledge toward that of assisting people outside the museum to make “authored statements” within it (Bennett 11). In this regard it seems to us that involvement of Indigenous peoples with the construction of the interface(s) to online museums is of considerable significance. Pieterse suggests that ethnographic museums should be guided by a process of self-representation by the “others” portrayed (Pieterse 133). Moreover it should not be forgotten that, because of the separation of content and interface, it is possible to have access to a database of material through more than one interface (Manovich, New Media 226-7). Online museums provide a means by which the artificial homogenization of Indigenous peoples may be challenged.We regard an important potential benefit of an online museum as the replacement of accessing material through the “unassailable voice” with the multiplicity of Indigenous voices. A number of ways to do this are suggested by a variety of new media artworks, including those that employ a database to rearrange information to reveal underlying cultural positions (Paul 100). Paul discusses the work of, amongst others, George Legrady. She describes how it engages with the archive and database as sites that record culture (104-6). Paul specifically discusses Legrady’s work Slippery Traces. This involved viewers navigating through more than 240 postcards. Viewers of work were invited to “first chose one of three quotes appearing on the screen, each of which embodies a different perspective—anthropological, colonialist, or media theory—and thus provides an interpretive angle for the experience of the projects” (104-5). In the same way visitors to an online museum could be provided with a choice of possible Indigenous voices by which its collection might be experienced. We are specifically interested in the implications that such approaches have for the way in which online museums could engage with film. Inspired by Basu’s work on reframing ethnographic film, we see the online museum as providing the possibility of a platform to experiment with new media art in order to expose the meta-narrative(s) about the politics of film making. As Basu argues, in order to provoke a feeling of involvement with the viewer, it is important that the viewer becomes aware “of the plurality of alternative readings/navigations that they might have made” (105). As Weinbren has observed, where a fixed narrative pathway has been constructed by a film, digital technology provides a particularly effective means to challenge it. It would be possible to reveal the way in which dominant political interests regarding Indigenous cultures have been asserted, such as for example in the popular film The Gods Must Be Crazy. New media art once again provides some interesting examples of the way ideology, that might otherwise remain unclear, may be exposed. Paul describes the example of Jennifer and Kevin McCoy’s project How I learned. The work restructures a television series Kung Fu by employing “categories such as ‘how I learned about blocking punches,’ ‘how I learned about exploiting workers,’ or ‘how I learned to love the land’” (Paul 103) to reveal in greater clarity, than otherwise might be possible, the cultural stereotypes used in the visual narratives of the program (Paul 102-4). We suggest that such examples suggest the ways in which online museums could work to reveal and explore the existence not only of meta-narratives expressed by museums as a whole, but also the means by which they are realised within existing items held in museum collections.ConclusionWe argue that the agency for such reflective moments between the San, who have been repeatedly misrepresented or underrepresented in exhibitions and films, and multiple audiences, may be enabled through the generation of multiple narratives within online museums. We would like to make the point that, first and foremost, the theory of representation must be fully understood and acknowledged in order to determine whether, and how, modes of online curating are censorious. As such we see online museums having the potential to play a significant role in illuminating for both the San and multiple audiences the way that any form of representation or displaying restricts the meanings that may be recovered about Indigenous peoples. ReferencesAppadurai, Arjun. The Social Life of Things: Commodities in Cultural Perspective. Cambridge: Harvard UP, 1986. Bal, Mieke. “Exhibition as Film.” Exhibition Experiments. Ed. Sharon Macdonald and Paul Basu. Malden: Blackwell Publishing 2007. 71-93. Basu, Paul. “Reframing Ethnographic Film.” Rethinking Documentary. Eds. Thomas Austin and Wilma de Jong. Maidenhead: Open U P, 2008. 94-106.Barringer, Tim, and Tom Flynn. Colonialism and the Object: Empire, Material Culture and the Museum. London: Routledge, 1998. Baxandall, Michael. "Exhibiting Intention: Some Preconditions of the Visual Display of Culturally Purposeful Objects." Exhibiting Cultures. Ed. Ivan Karp and Steven Lavine. Washington: Smithsonian Institution P. 1991. 33-41.Bell, Joshua. “Promiscuous Things: Perspectives on Cultural Property through Photographs in the Purari Delta of Papa New Guinea.” International Journal of Cultural Property 15 (2008): 123-39.Bennett, Tony. “The Political Rationality of the Museum.” Continuum: The Australian Journal of Media & Culture 3 No.1 (1990). 8 Oct. 2008 ‹http://wwwmcc.murdoch.edu.au/ReadingRoom/3.1/Bennett.html›. Bolton, Lissant. “The Object in View: Aborigines, Melanesians and Museums.” Emplaced Myth: Space, Narrative and Knowledge in Australia and Papua New Guinea. Eds. Alan Rumsey & James Weiner. Honolulu: U of Hawai`i P. 2001. 215-32. Bush, Martin. “Shifting Sands: Museum Representations of Science and Indigenous Knowledge Traditions.” Open Museum Journal 7 (2005). 8 Oct. 2008 ‹http://archive.amol.org.au/craft/omjournal/volume7/docs/MBush_ab.asp?ID=›.Busse, Mark. “Museums and the Things in Them Should Be Alive.” International Journal of Cultural Property 15 (2008): 189-200.Butts, David. “Māori and Museums: the Politics of Indigenous Recognition.” Museums, Society and Inequality. Ed. Richard Sandell. London: Routledge, 2002. 225-43.Casey, Dawn. “Culture Wars: Museums, Politics and Controversy.” Open Museum Journal 6 (2003). 8 Oct. 2008 ‹http://archive.amol.org.au/omj/volume6/casey.pdf›.Carter, J. “Museums and Indigenous Peoples in Canada.” Museums and the Appropriation of Culture. Ed. Susan Pearce. London: Athlone P, 1994. 213-33.Carolin, Clare, and Cathy Haynes. “The Politics of Display: Ann-Sofi Sidén’s Warte Mal!, Art History and Social Documentary.” Exhibition Experiments. Eds. Sharon Macdonald and Paul Basu. Malden: Blackwell Publishing, 2007. 154-74.Cooper, Jonathan. “Beyond the On-line Museum: Participatory Virtual Exhibitions.” Museums and the Web 2006: Proceedings. Eds. Jennifer Trant and David Bearman. Albuquerque: Archives & Museum Informatics, 2006. 8 Oct. 2008 ‹www.archimuse.com/mw2006/papers/cooper/cooper.html›.Daniel, Sharon. “The Database: An Aesthetics of Dignity.” Database Aesthetics: Art in the Age of Information Overflow. Ed. Victoria Vesner. Minneapolis: U of Minnesota P, 2007. 142-82.Daniel, Sharon, and Casa Segura. “Need_ X_ Change.” 8 Oct. 2008 ‹http://arts.ucsc.edu/sdaniel/need/›.Daniel, Sharon. “Palabras” 8 Oct. 2008 ‹http://palabrastranquilas.ucsc.edu/›.Daniel, Sharon, and Erik Loyer. “Public Secrets.” Vectors. Winter (2007). 8 Oct. 2008 ‹http://vectors.usc.edu/index.php?page=7&projectId=57›.Dietz, Steve. “Curating (on) the Web.” Museums and the Web 1998: Proceedings. Eds. Jennifer Trant and David Bearman. Toronto: Archives & Museum Informatics, 1998. 8 Oct. 2008 ‹http://www.archimuse.com/mw98/papers/dietz/dietz_curatingtheweb.html›.Dietz, Steve. “Telling Stories: Procedural Authorship and Extracting Meanings from Museum Databases.” Museums and the Web 1999: Proceedings. Eds. Jennifer Trant and David Bearman. New Orleans: Archives & Museum Informatics, 1999. 8 Oct. 2008 ‹http://www.archimuse.com/mw99/papers/dietz/dietz.html›.Gell, Alfred. Art and Agency: An Anthropological Theory. Oxford: Clarendon P, 1998.Geismar, Haidy. (2008) “Cultural Property, Museums, and the Pacific: Reframing the Debates.” International Journal of Cultural Property 15: 109-22.Ginsburg, Faye. “Resources of Hope: Learning from the Local in a Transnational Era.” Indigenous Cultures in an Interconnected World. Ed. Claire Smith & Graeme Ward. St Leonards: Allen & Unwin, 2000. 27-47.Goldblum, Josh, Adele O’Dowd, and Traci Sym. “Considerations and Strategies for Creating Interactive Narratives.” Museums and the Web 2007: Proceedings. Ed. Jennifer Trant and David Bearman. Toronto: Archives & Museum Informatics, 2007. 8 Oct. 2008 ‹www.archimuse.com/mw2007/papers/goldblum/goldblum.html›.Guenther, Matthias. “Contemporary Bushman Art, Identity Politics, and the Primitive Discourse.” The Politics of Egalitarianism: Theory and Practice. Ed. Jacqueline Solway. New York: Berghahn Books, 2006. 159-88. Harding, Sarah. “Culture, Commodification, and Native American Cultural Patrimony.” Rethinking Commodification: Cases and Readings in Law and Culture. Ed. Martha Ertman and Joan Williams. New York: New York U P, 2005. 137-63.Herle, Anita. “Relational Objects: Connecting People and Things through Pasifika Styles.” International Journal of Cultural Property 15 (2008): 159-79.Hoopes, John. “The Future of the Past: Archaeology and Anthropology on the World Wide Web.” Archives and Museum Informatics 11 (1997): 87-105.“South African National Gallery.” Iziko: Museums of Cape Town. 8 Oct. 2008 ‹http://www.iziko.org.za/iziko/ourname.html›.Jones, Anna. “Exploding Canons: The Anthropology of Museums.” Annual Review of Anthropology 22 (1993): 201-20. Kelly, Lynda, and Phil Gordon. “Developing a Community of Practice: Museums and Reconciliation in Australia.” Museums, Society and Inequality. Ed. Richard Sandell. London: Routledge, 2002. 153-74.Kopytoff, Igor. “The Cultural Biography of Things: Commoditization as Process.” The Social Life of Things: Commodities in Cultural Perspective. Ed. Arjun Appadurai. Cambridge: Harvard U P, 1986. 64-91. Kreps, Christina. Theorising Cultural Heritage. Indigenous Curation as Intangible Cultural Heritage: Thoughts on the Relevance of the 2003 UNESCO Convention. Washington: Smithsonian Center for Folklife and Cultural Heritage, 2005.Langlois, Dominique. “Cybermuseology and Intangible Cultural Heritage.” Intersection Conference 2005. York U: Toronto, 2005. 8 Oct. 2008 ‹http://yorku.ca/topia/docs/conference/langlais.pdf›.“Life after the Holocaust.” United States Holocaust Memorial Museum. 8 Oct. 2008 ‹http://www.ushmm.org/museum/exhibit/online/life_after_holocaust/›.Manovich, Lev. The Language of New Media. Cambridge: MIT P, 2001.———. Making Art of Databases. Rotterdam: V2_Publishing/NAi Publishers, 2003.Martin, George, and Saskia Vermeylen. “Intellectual Property, Indigenous Knowledge, and Biodiversity.” Capitalism Nature Socialism 16 (2005): 27-48. Martínez, David. “Re-visioning the Hopi Fourth World: Dan Namingha, Indigenous Modernism, and the Hopivotskwani.” Art History 29 (2006): 145-72. McGee, Julie. “Restructuring South African Museums: Reality and Rhetoric within Cape Town.” New Museum Theory and Practice: An Introduction. Ed. Janet Marstine. Oxford: Blackwell, 2006. 178-99.McTavish, Lianne. “Visiting the Virtual Museum: Art and Experience Online.” New Museum Theory and Practice: An Introduction. Ed. Janet Marstine. Oxford: Blackwell, 2006. 226-45.Morphy, Howard. “Elite Art for Cultural Elites: Adding Value to Indigenous Arts.” Indigenous Cultures in an Interconnected World. Ed. Claire Smith and Graeme Ward. St Leonards: Allen & Unwin, 2000. 129- 43.Paul, Christiane. “The Database as System and Cultural Form: Anatomies of Cultural Narratives.” Database Aesthetics: Art in the Age of Information Overflow. Ed. Victoria Vesner. Minneapolis: U of Minnesota P, 2007. 95-109.Pearce, Susan. Museums and the Appropriation of Culture. London: Athlone P, 1994.Pieterse, Jan Nederveen. “Multiculturalism and Museums: Discourse about Others in the Age of Globalisation.” Theory, Culture & Society 14. 4 (1997): 123-46.“Ripples of Genocide: Journey through Eastern Congo.” United States Holocaust Memorial Museum. 8 Oct. 2008 ‹www.ushmm.org/museum/exhibit/online/congojournal›.Salvador, Mari Lyn. “‘The Kuna Way’: Museums, Exhbitions, and the Politics of Representation of Kuna Art.” Museum Anthropology 18 (1994): 48-52. Samis, Peter. “Artwork as Interface” Archives and Museum Informatics 13.2 (1999): 191-98.Sandell, Richard. “Museums and the Combating of Social Inequality: Roles, Responsibilities, Resistance.” Museums, Society and Inequality. Ed. Richard Sandell. London: Routledge, 2002. 3-23.Seaman, Bill. “Recombinant Poetics and Related Database Aesthetics.” Database Aesthetics: Art in the Age of Information Overflow. Ed. Victoria Vesner. Minneapolis: U of Minnesota P, 2007. 121-41.Sepúlveda dos Santos, Myrian. “Museums and Memory: The Enchanted Modernity.” Journal for Cultural Research 7 (2003): 27-46.Simpson, Moira. Making Representations. Museums in the Post-Colonial Era. London: Routledge, 2001.Skotnes, Pippa. “The Politics of Bushman Representations.” Images and Empires: Visuality in Colonial and Postcolonial Africa. Ed. Paul Landau and Deborah Kaspin. London: U of London P, 2002. 253-74.Sledge, Jane. “Stewarding Potential.” First Monday 12.7 (2007). 8 Oct. 2008 ‹http://www.firstmonday.org/issues/issue12_7/sledge/index.html›.Solanilla, Laura. “The Internet as a Tool for Communicating Life Stories: A New Challenge for Memory Institutions.” International Journal for Intangible Heritage 3 (2008): 103-16.Stalbaum, Brett. “An Interpretive Framework for Contemporary Database Practice in the Arts.” (2004). 8 Oct. 2008 ‹http://www.cityarts.com/paulc/database/Database_Stalbaum.doc›.Suzman, James. An Introduction to the Regional Assessment of the Status of the San in Southern Africa. Windhoek: Legal Assistance Centre, 2001.Stanley, Nick. “Introduction: Indigeneity and Museum Practice in the Southwest Pacific.” The Future of Indigenous Museums: Perspectives from the Southwest Pacific. Ed. Nick Stanley. New York: Berghahn Books, 2007. 1-37. Strathern, Marilyn. Property, Substance and Effect: Anthropological Essays on Persons and Things. London: Athlone, 1999. The Gods Must Be Crazy. Dir. Jamie Uys. Mimosa Films, 1980.Tomaselli, Keyan. “Rereading the Gods Must be Crazy Films.” Visual Anthropology 19 (2006):171-200.Trant, Jennifer. “Exploring the Potential for Social Tagging and Folksonomy in Art Museums: Proof of Concept.” New Review of Hypermedia and Multimedia 12.1 (2006). 8 Oct. 2008 ‹www.archimuse.com/papers/steve-nrhm-0605preprint.pdf›.Vermeylen, Saskia. “Contextualising ‘Fair’ and ‘Equitable’: the San’s Reflections on the Hoodia Benefit Sharing Agreement.” Local Environment 12.4 (2007): 1-14.———. “From Life Force to Slimming Aid: Exploring Views on the Commodification of Traditional Medicinal Knowledge.” Applied Geography 28 (2008): 224-35.———. Martin, George, and Roland Clift. “Intellectual Property Rights Systems and the ‘Assemblage’ of Local Knowledge Systems.” International Journal of Cultural Property 15 (2008): 201-21.———. “Land Rights and the Legacy of Colonialism.” Community Consent and Benefit-Sharing: Learning Lessons from the San Hoodia Case Ed. Rachel Wynberg and Roger Chennells. Berlin: Springer. Forthcoming.———, and Jeremy Pilcher. Indigenous Cultural Heritage and the Virtual Museum. Conference Paper. International Conference on the Inclusive Museum. Leiden, The Netherlands. 8-11 June 2008.Walsh, Peter. “The Web and the Unassailable Voice.” Archives and Museum Informatics 11 (1997): 77-85.Weinbren, Grahame. “Ocean, Database, Recut.” Database Aesthetics: Art in the Age of Information Overflow. Ed. Victoria. Vesner. Minneapolis: U of Minnesota P, 2007. 61-85.Weiner, James. “Televisualist Anthropology: Representation, Aesthetics, Politics [and Comments and Reply].” Current Anthropology 38 (1997): 197-235.“Yearbook 2006.” 8 Oct. 2008 ‹http://www.y06.org/›.Zimmerman, Larry, Karen Zimmerman, and Leonard Bruguier. “Cyberspace Smoke Signals: New Technologies and Native American Ethnicity.” Indigenous Cultures in an Interconnected World. Ed. Claire Smith & Graeme Ward. St Leonards: Allen & Unwin, 2000. 69-86.

EditorialIt is the great honor for us to edit proceedings of “2nd Global Conference on Contemporary Issues in Education
(GLOBE-EDU 2015)” August 27-28, The University of Chicago Chicago, USA. This privileged scientific event has contributed to the field of educational research for two years. As the guest editors of this issue, we are glad to see variety of articles focusing on arts education, Adult Education, Competitive Skills, Continuing Education, Higher Education, Vocational Education, Transferring Disciplines, Business Education, Educational Administration, Human Resource Development, Academic Advising and Counselling, Education Policy and Leadership, Industrial Cooperation, Life-long Learning Experiences, Workplace Learning and Collaborative Learning, Work Employability, Educational Institution Government Partnership, Patent Registration and Technology Transfer, University Spin-Off Companies, Course Management, Accreditation and Quality Assurance, Academic Experiences and Best Practice Contributions, Copy-right, Digital Libraries and Repositories, Digital Rights Management, Evaluation and Assessment, E-content Management and Development, Open Content, e-Portfolios, Grading Methods, Knowledge Management, Quality processes at National and International level, Security and Data Protection, Student Selection Criteria in Interdisciplinary Studies, User-Generated Content, Curriculum, Research and Development, Acoustics in Education Environment, APD/Listening, Counsellor Education, Courses, Tutorials and Labs, Curriculum Design, ESL/TESL, Special Area Education, Early Childhood Education, Elementary Education, Geographical Education, Health Education, Home Education, Mathematics Education, Rural Education, Science Education, Secondary Education, Second life Educators, Social Studies Education, Special Education, Learning / Teaching Methodologies and Assessment, Simulated Communities and Online Mentoring, e-Testing and new Test Theories, Supervising and Managing Student Projects, Pedagogy Enhancement with e-Learning, Educating the Educators, Immersive Learning, Blended Learning, Computer-Aided Assessment, Metrics and Performance Measurement, Assessment Software Tools, Assessment Methods in Blended Learning Environments, Global Issues In Education and Research, Education, Research and Globalization, Barriers to Learning (ethnicity, age, psychosocial factors, …), Women and Minorities in Science and Technology, Indigenous and Diversity Issues, Government Policy issues, Organizational, Legal and Financial Aspects, Digital Divide, Increasing Affordability and Access to the Internet, Ethical issues in Education, Intellectual Property Rights and Plagiarism, Pedagogy, Teacher Education, Cross-disciplinary areas of Education, Educational Psychology, Education practice trends and issues, Indigenous Education, Kinesiology and Leisure Science, K12, Life-long Learning Education, Mathematics Education, Physical Education (PE), Reading Education, Religion and Education Studies Research Management, Research Methodologies,Academic Research Projects, Joint-research programmes, Research on Technology in Education, Research Centres, Links between Education and Research, New Challenges in Education, ECTS experiences, The Bologna Process and its implementation, Joint-Degree Programmes, Erasmus and Exchange experiences in universities, Students and Teaching staff Exchange programmes, Ubiquitous Learning, Accessibility to Disabled Users, Animation, 3D, and Web 3D Applications, Context Dependent Learning, Distance Education, E-Learning, E-Manufacturing, Educational Technology, Educational Games and Software, Human Computer Interaction, ICT Education, Internet technologies, Learning Management Systems (LMS), Mobile Applications and Learning (M-learning), Multi-Virtual Environment, Standards and Interoperability, Technology Enhanced Learning, Technology Support for Pervasive Learning, Ubiquitous Computing, Videos for Learning and Educational Multimedia, Virtual and Augmented Reality, Virtual Learning Environments (VLE), Web 2.0, Social Networking, Blogs and Wikis, Wireless Applications, Research In Progress, On going research from undergraduates, graduates/postgraduates and professionals Projects, Collaborative Research, Integration of cross-cultural studies in curriculum, Research Assessment Exercise (RAE), New Trends And Experiences, Other Areas of Education                                                                                                                                                             Furthermore, the conference is getting more international each year, which is an indicator that it is getting worldwide known and recognized. Scholars from all over the world contributed to the conference. Special thanks are to all the reviewers, the members of the international editorial board, the publisher, and those involved in technical processes. We would like to thank all who contributed to in every process to make this issue actualized. A total of 21 full papers or abstracts were submitted for this conference and each paper has been peer reviewed by the reviewers specialized in the related field. At the end of the review process, a total of 7 high quality research papers were selected and accepted for publication. I hope that you will enjoy reading the papers.Best Regards  Guest EditorsProf. Dr. Gul Celkan, Middle Georgia State College, USA Editorial AssistantMsc. Zeynep Genç, Near East University, North Cyprus

The use of indigenous knowledge (IK) and indigenous bio-resources by pharmaceutical and herbal industries has led to concerns about the need to protect IK in order to prevent biopiracy and the misappropriation of indigenous knowledge and resources. While some commentators believe that intellectual property rights (IPR) law can effectively protect IK, others are more sceptical. In order to contribute to the growing debate on this issue, this study uses the relatively new and as yet largely critically unanalysed Masakhane Pelargonium case to address the question of whether or not IPR law can be used to effectively protect IK. It is argued here that discussion about the protection of IK is a matter that must be located within broader discussions about North-South relations and the continued struggle for economic and political freedom by indigenous people and their states. The Masakhane case suggests that IPR law in its current form cannot provide sufficient protection of IK on its own. Incompatibilities between IPR law and IK necessitate that certain factors, most important of which are land, organised representation, and what are referred as 'confidence and network resources', be present in order for IPR law to be used with any degree of success. The study also reveals various factors that undermine the possibility of using IPR law to protect IK. In particular, the study highlights the way in which local political tensions can undermine the ability of communities to effectively use IPR law to protect their knowledge. The thesis concludes with several recommendations that will enable indigenous communities and their states to benefit more substantially from the commercialisation of their bio-resources and associated IK.

Defence date: 14 November 2006
Examining board: Prof. Ernst-Ulrich Petersmann (Supervisor, European University Institute) ; Prof. Francesco Francioni (European University Institute) ; Prof. Thomas Cottier (University of Bern, Switzerland) ; Dr. Graham Dutfield (Queen Mary, University of London)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017

This article deals with the process of implementing tools for the digital management of the ethnographic, audiovisual, and archival collections of the Museum of the Indian/FUNAI/Brazil. Focusing on a journey that began in 1996, the article discusses the various strategies used by this museum to offer adequate services to the Brazilian indigenous peoples, including them in the process of production, exhibition, description, and management of their heritage, and using this same heritage to enforce the protection of their fundamental rights inside the Brazilian state. The main argument defended is that the sustainability of documentation and management actions for ethnographic collections is more effective when digital management resources dialog with the social universe from which the cultural assets originated.

This chapter studies the link between cultural heritage and human rights, considering treaties on cultural heritage and treaties on human rights. Cultural heritage is increasingly seen in international law not merely as an important product or value in itself but also in relation to the construction and preservation of cultural identities and, thereby, of the dignity of peoples, communities, and individuals. This has enhanced the human rights dimension of cultural heritage, in particular for minorities and Indigenous peoples. Several human rights—including the rights to take part in cultural life, to enjoy culture, and to freedom of expression and assembly—confirm that protection and promotion of cultural heritage is part of human rights. Strengthening and maintaining the link between cultural heritage and human rights reaffirms cultural heritage as a value for human dignity and reflects a shift from a sovereignty and State-centric approach to a people’s and peoples’ approach.