Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.
Alexandra Xanthaki is Professor of Law at Brunel University London, United Kingdom.
Sanna Valkonen is Associate Professor of Sámi research at the University of Lapland.
Leena Heinämäki (LL.D) is Senior Researcher at the Northern Institute for Environmental and Minority Law, Arctic Centre, University of Lapland.
Piia Nuorgam is a PhD candidate in the Faculty of Law at the University of Lapland.
"Written with passion by a group of experts in the field of indigenous rights, this book is a must-read for anyone interested in the current developments concerning the realisation and enforcement of these rights. The focus on indigenous Sámi communities renders the reading of this book particularly engaging for a European audience. while the wider international and domestic contexts are undoubtedly interesting for all readers working in the spectrum of disciplines associated with indigenous rights, including international human rights law, cultural heritage law, land rights, environmental law, and procedural justice."
- Andrzej Jakubowski, XXXVII Polish Yearbook of International Law, Warsaw, 2018, pp. 303-307 (DOI 10.7420/pyil2017p)
Table of contents
IntroductionInternational Instruments on Cultural Heritage: Tales of FragmentationAlexandra XanthakiIndigenous Peoples, Human Rights, and Cultural Heritage: Towards a Right to Cultural IntegrityJérémie GilbertIndigenous Cultural Heritage in the Implementation of UNESCO’s WorldHeritage Convention: Opportunities, Obstacles and ChallengesStefan DiskoTowards Sámi Self-determination over Their Cultural Heritage: The UNESCO World Heritage Site of Laponia in Northern SwedenLeena Heinämäki, Thora Herrmann and Carina GreenOn Transfer of Sámi Traditional Knowledge: Scientification, Traditionalization, Secrecy, and EqualityElina Helander-Renvall and Inkeri MarkkulaIndigenous Creativity and the Public Domain – Terra Nullius Revisited?Mattias ÅhrénAn Ontological Politics of and for the Sámi Cultural Heritage – Reflections on Belonging to the Sámi Community and the LandSanna Valkonen, Jarno Valkonen and Veli-Pekka LehtolaLinks between Lands, Territories, Environment and Cultural Heritage – The Recognition of Sámi Lands in NorwayØyvind RavnaThe Self-Governing of Inuit Cultural Heritage in Canada: The Path so FarViolet FordCultural Heritage, Traditional Knowledge and Intellectual PropertyDaphne Zografos Johnsson and Hai-Yuean TualimaWider Use of Traditional Sámi Dress in Finland: Discrimination against the Sámi?Piia NuorgamThe Cultural Heritage of South Africa’s KhoisanWilla BoezakIndigenous Peoples’ Right to Own Legal Orders and Governance Systems in The International Human Rights RegimeAnne-Maria MaggaUnder the Umbrella: The Remedial Penumbra of Self-Determination, Retroactivity and the Restitution of Cultural Property to Indigenous PeoplesShea Elizabeth EsterlingReparations for Wrongs against Indigenous Peoples’ Cultural HeritageFederico LenzeriniContributorsIndex