Cultural Heritage Protection under International Law: Legal Challenges in Preserving Indigenous Knowledge Systems

Abstract

Abstract: The preservation of indigenous knowledge

systems has become a high-profile issue in international law as it is culturally, socially, environmentally and economically important. A crucial component of intangible cultural heritage is indigenous knowledge which comprises traditional activities, ecological knowledge, medicine systems, oral traditions and customary government that have been produced over a period of several generations. Although such knowledge systems are gaining international acceptance, there are still several legal issues that are being encountered due to the fragmented legal systems, restrictions of the intellectual property, commercial misappropriation, and non-observance of international laws. This research paper is a critical examination of how international legal machinery has worked in the maintenance of indigenous knowledge systems to become part of cultural heritage. By considering a qualitative doctrinal research methodology, the study will explore the international treaties, conventions, declarations and academic literature and policy documents on cultural heritage, human rights, biodiversity and intellectual property. Findings indicate that as far as the international legal instruments possess a commendable understanding of indigenous knowledge, the field has notable loopholes in application, collective rights acknowledgment, distribution of benefits as well as protection of customary laws. The conclusion made is that increased international cooperation, legal coherence, meaningful participation of indigenous people and enforcement of policies and regulations to safeguard the indigenous knowledge systems is imperative in a bid to maximize the protection of native knowledge systems. To ensure the long term preservation and the sustainable navigation of the indigenous knowledge to the future generations, a legal framework, which supports cultural heritage law, human rights law, biodiversity law and intellectual property law is required.