A Defense of Native American’s Rights Over Their Traditional Cultural Expressions

American Archivist [Forthcoming]

34 Pages Posted: 11 Jun 2012 Last revised: 25 Jun 2012

See all articles by Kay Mathiesen

Kay Mathiesen

University of Arizona - School of Information

Date Written: February 1, 2012

Abstract

The Protocols for Native American Archival Materials (PNAAM) recommend a set of best practices for dealing with Native American Traditional Cultural Expressions (TCE) and Traditional Knowledge (TK) held in libraries and archives. The Society of American Archivists and the American Library Association have declined to endorse the recommendations of PNAAM, because some of its recommendations appear to be inconsistent with current ethical guidelines. This paper analyzes the key question in this controversy: “Do Native Americans have a moral right to control access to their TCE and TK?” It is argued that group privacy and the concept of restorative justice provide an ethical justification of this right.

Keywords: traditional cultural expression, traditional knowledge, cultural property, native american, group rights, privacy, indigenous knowledge, cultural appropriation, information ethics, archival ethics

Suggested Citation

Mathiesen, Kay, A Defense of Native American’s Rights Over Their Traditional Cultural Expressions (February 1, 2012). American Archivist [Forthcoming]. Available at SSRN: https://ssrn.com/abstract=2081214 or http://dx.doi.org/10.2139/ssrn.2081214

Kay Mathiesen (Contact Author)

University of Arizona - School of Information ( email )

University of Arizona
Harvill 445D
Tucson, AZ 85721
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
187
rank
151,396
Abstract Views
915
PlumX