Indigenous Peoples, Intangible Cultural Heritage and Participation in the United Nations

Abstract

This chapter concentrates on the participation of indigenous peoples in multilateral initiatives to protect cultural heritage, with specific reference to intangible heritage. While an international instrument for the protection of intangible heritage was adopted over a decade ago, the importance of intangible heritage for indigenous peoples is evident in their work in various UN fora. I examine indigenous peoples’ interventions before UNESCO and bodies established to implement the Convention on the Safeguarding of Intangible Cultural Heritage; within WIPO in respect of ongoing moves to adopt specialist instruments on traditional knowledge and cultural expressions; and finally, within UNEP and the implementation of Article 8(j) of the Convention on Biological Diversity. They reflect indigenous peoples’ determination to engage in the implementation of specialist instruments adopted by states and more significantly, their growing push to effectively participate in the drafting and negotiation of multilateral instruments. It is these latter efforts which are yielding more comprehensive and potentially lasting avenues for their effective engagement in the protection of their intangible heritage.

Keywords: Intangible cultural heritage, indigenous peoples, human rights, international law, intellectual property, participation

JEL Classification: K33, K40