Indigenous Cultural and Intellectual Property
“Indigenous knowledge… is increasingly viewed as a commodity— something that can be utilised, transferred to other contexts, developed, innovated, integrated, extracted, and patented.”
Martin Nakata, Alex Byrne, Vicky Nakata & Gabrielle Gardiner(2005)Libraries, Indigenous Australians and a Developing Protocols Strategy for the Library and Information Sector,Australian Academic & Research Libraries,36:2,185-199,DOI:10.1080/00048623.2005.10721259
Copyright and other intellectual property rights protect scholarly and creative works generally, but these protections have emerged from a Western idea of ‘knowledge outputs’ and are inadequate forprotecting Indigenous knowledge. For example, cultural skills and practices are not covered by copyright, and Indigenous knowledge has been frequently misappropriated and inappropriately commercialised.
Recognition of specific rights and protocols apply when seeking to engage ethically with Indigenous knowledge. At the heart of these protocols and protections are the principles of respect, consent, reciprocity, and shared opportunity. If you are engaging with Indigenous knowledges in your research you should respect and uphold Indigenous cultural and intellectual property rights.
You can read more aboutprotecting Indigenous knowledge and intellectual property byWuthathi/ Meriam lawyerDr Terri Janke.The video below gives a concise introduction to these issues.
Ethics
You should seek to ensureyour research follows the Australian Institute of Aboriginal and Torres Strait Islander Studies’ (AIATSIS) Code of Ethicsand, where relevant, the National Health and Medical Research Council(NHMRC)Ethical Guidelines for Research with Aboriginal and Torres Strait Islander Peoples. The Indigenous Knowledge Institute’s Charter for Research with Indigenous Knowledge Holdersalso offers guidance for working ethically and equitablywith Indigenous knowledge holders, as doesCSIRO's Our Knowledge Our Wayguidelines. If your research involves Indigenous knowledge you will need to explain how your research meets these guidelines when you make yourethics application.
A commitment to ethical research with Indigenous communities should extend beyond formal compliance requirements. Rather, it should be motivated by deep respect and reciprocity with Indigenous communities. In addition to the guidelines listed above, consider undertaking professional development opportunities that further your understanding of ethical research practices. Ultimately, good relationships are central to ethical engagements with Indigenous knowledge systems. Theyrequirea commitment to working in enduringpartnerships with Indigenous knowledge holders for the benefit of their communities.
Palyku scholar, Ambelin Kwaymullina recommends three threshold questions for non-Indigenous researchers to consider before engaging in Indigenous research:
- Should you do the research at all?
- How does your positionality affect the research?
- Are you following ethical research processes?
Some other reflective questions to consider are:
- Does my projectenable Indigenous people to speak for themselves? Does it enable Indigenous people to lead?
- Have I spoken with community to understand their priorities and interests? Does my project further thosepriorities?
- Does the project confer a benefit to Indigenous people/ communities? If so, how?
- Does my project factor in adequatetime for engagement/ collaboration?
- Does my project factorin remuneration for the specialist expertise and time of Indigenous knowledge holders? Note: The Melbourne Social Equity Institute provides guidelines on ethical remuneration for community research participants.
- Will Indigenous knowledge holdersbe recognised as co-authors/ co-researchers in the project?
Reflecting on your research methods
"The purpose of any ceremony is to build stronger relationship or bridge the distance between our cosmos and us. The research that we do as Indigenous people is a ceremony that allows us a raised level of consciousness and insight into our world."
Wilson, Shawn. Research Is Ceremony: Indigenous Research Methods. Black Point, N.S: Fernwood Pub, 2008.
It is important to think critically about the “how” of your research and the ways in which your research methods have been shaped by your worldview and experiences. The way you approach research may have been shaped by learning on Country, and the sharing of knowledge by your elders. Alternatively, it may have been shaped by 15 years in a Western education system. A great place to start reflecting on your formative ideas about research is to readDisciplining the Savages, Savaging the Disciplinesby Torres Strait Islander scholar, Martin Nakata,Decolonising Methodologies: Research and Indigenous Peoplesby Māori scholar, Linda Tuhiwai Smith, and Research is Ceremony: Indigenous Research Methodsby Opaskwayak Cree scholar, Shawn Wilson.
FAQs
Respect Indigenous peoples' right to maintain the secrecy of Indigenous knowledge and practices. Research in Indigenous studies must show an appreciation of the diversity of Indigenous peoples, who have different languages, cultures, histories and perspectives.
What are the 5 basic guiding principles relevant to the use of Indigenous research methods? ›
Guiding principles
- Indigenous identity development. ...
- Indigenous paradigmatic lens. ...
- Reflexivity and power sharing. ...
- Critical immersion. ...
- Participation and accountability. ...
- Methodological flexibility.
Shelley Stagg Peterson proposes that the 5 R's of Indigenous research, Respect (particularly of participants' worldviews, values, knowledge and practices), Relevance, Responsibility, Reciprocity and Relationship, provide a useful framework for all early childhood research.
What is the Indigenous research code of ethics? ›
The purpose of the AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research (the AIATSIS Code or this Code) is to promote ethical and responsible practice in Aboriginal and Torres Strait Islander research in Australia, to increase the contribution of Indigenous knowledge to Australian research, to ...
What are Indigenous ethics examples? ›
The sacred teachings of respect, bravery, honesty, humility, truth, wisdom, and love are significant guidelines that resonate in most Indigenous cultures.
What are the 7 principles of ethics in research? ›
NIH Clinical Center researchers published seven main principles to guide the conduct of ethical research:
- Social and clinical value.
- Scientific validity.
- Fair subject selection.
- Favorable risk-benefit ratio.
- Independent review.
- Informed consent.
- Respect for potential and enrolled subjects.
What are Indigenous Research Methods?
- Storytelling.
- Personal reflection.
- Visiting.
- Sharing Circles.
- Ceremony (Formal and informal)
- Art creation.
- Dance.
- and more!
Indigenous research at HELP incorporates several key values and principles. Values include the Six R's: relationship, respect, reciprocity, relevance, responsibility, representation, and the assumption of rights and regulations.
What are the 4 R's of Indigenous culture? ›
First Nations and Higher Education: The Four R's - Respect, Relevance, Reciprocity, Responsibility. In Knowledge Across Cultures: A Contribution to Dialogue Among Civilizations.
What are the 5 indigenous knowledge? ›
- 1Indigenous Knowledge is based on millennia of observations.
- 2Indigenous Knowledge is temporal and place-based.
- 3Indigenous Knowledge is living.
- 4Indigenous Knowledge is kinship-based.
- 5Indigenous Knowledge is wholistic.
Self-determination in a research agenda becomes something more than a political goal. It becomes a goal of social justice which is expressed through and across a wide range of psychological, social, cultural and economic terrains.
What is Indigenous research framework? ›
The purpose of the Indigenous Research Framework is to set out the University's key priorities, focus areas and actions to support Indigenous researcher capability and advance the breadth, quality and impact of Indigenous scholarship.
What are the values of Indigenous people? ›
The four core values commonly associated with Indigenous Peoples – respect, relationship, reciprocity, and responsibility – demonstrate a strong commitment to lifelong learning, and encourage ongoing engagement and exploration of Indigenous knowledge and experiences.
What are the 7 principles of Indigenous worldviews? ›
Simpson (2000) has outlined seven principles of Indigenous worldviews: (a) knowledge is holistic, cyclical, and dependent upon relationships and connections to living and non-living beings and entities; (b) there are many truths and these truths are dependent upon individual experiences; (c) everything is alive; (d) ...
What are the principles of Indigenous knowledge? ›
Thus, indigenous knowledge encompasses elements of culture, human-nature interaction, knowledge and skill, worldview, holism, and livelihood. These elements, though in the cultural sense, represent a social construction of reality to grasp and use it.
What are the principles of indigenist research? ›
Research projects should be conducted in accordance with the principle of Indigenous peoples' rights to maintain, control, protect and develop their intangible heritage, including their cultural heritage, traditional knowledge, traditional cultural expressions and intellectual property.
What are the principles of IRB ethics? ›
Three basic principles, among those generally accepted in our cultural tradition, are particularly relevant to the ethics of research involving human subjects: the principles of respect of persons, beneficence and justice.
What are the ethical aspects of Indigenous scientific knowledge? ›
Indigenous Cultural and Intellectual Property
Recognition of specific rights and protocols apply when seeking to engage ethically with Indigenous knowledge. At the heart of these protocols and protections are the principles of respect, consent, reciprocity, and shared opportunity.
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