Decolonising indigenous intellectual and cultural rights in heritage institutions: a survey of policy and protocol in South Africa
ABSTRACT
This article analyses the protection of indigenous knowledge (IK) in South Africa,
exploring if and how the rights of indigenous peoples are insulated from pillage
by existing policy and protocol frameworks in cultural heritage institutions. The
article examines how policy and protocol in these institutions, the socio-economic
realities within indigenous communities and legislative bottlenecks bear on
the digitisation enterprise in the country. The study used the Delphi method to
collect and analyse data. The major finding of the study was that, in an attempt
to safeguard indigenous intellectual and cultural rights, some cultural heritage
institutions are seeking to bridge the gap between Western legal requirements
and indigenous intellectual rights by the inclusion of specific policy measures
which take on board indigenous interests and concerns. The major themes that
emerged from the study have cultural, legislative and structural underpinnings.
These themes outline the fundamental characteristics of the policies and
protocols of digitisation initiatives in the country. T he study recommends that
heritage institutions in South Africa should recognise their influence as sociocultural
agents and actively submit ‘decolonising’ recommendations for statutory
development. It also urges these institutions to continue building consultation
networks with various indigenous stakeholders in order to improve best practice.