7.2 Indigenous art and the fight for cultural rights

Indigenous art has long been a battleground for cultural rights. Colonization suppressed traditional art forms, while appropriation exploited them. Today, Indigenous artists fight back, using their work to reclaim identity, challenge stereotypes, and assert sovereignty over their cultural heritage.

Laws like NAGPRA and UNDRIP now recognize Indigenous cultural rights. But the struggle continues. Through art, Indigenous peoples resist erasure, transmit knowledge to future generations, and envision decolonized futures. Their creativity is a powerful tool for self-determination and cultural revitalization.

Indigenous Cultural Rights: Historical Struggles

Centuries of Colonization and Cultural Suppression

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  File:Charles Hill - The Proclamation of South Australia 1836 - Google Art Project.jpg ... View original

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  The Canadian Mosaic, Archival Silences, and an Indigenous Presence in Banff – Active History View original

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Top images from around the web for Centuries of Colonization and Cultural Suppression

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  The Canadian Mosaic, Archival Silences, and an Indigenous Presence in Banff – Active History View original

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  These Paintings Depict the Indigenous Peoples’ Struggle Against Exploitation in the Philippines ... View original

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  File:Charles Hill - The Proclamation of South Australia 1836 - Google Art Project.jpg ... View original

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  The Canadian Mosaic, Archival Silences, and an Indigenous Presence in Banff – Active History View original

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  These Paintings Depict the Indigenous Peoples’ Struggle Against Exploitation in the Philippines ... View original

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• Indigenous peoples have faced centuries of colonization, forced assimilation, and cultural suppression by dominant societies seeking to erase or exploit their traditions, knowledge, and art forms
• The struggle to protect Indigenous cultural rights is deeply intertwined with fights for land rights, political sovereignty, language preservation, and religious freedom
• Colonial powers and settler societies have often misappropriated, commodified, or destroyed Indigenous art, including visual arts, music, dance, and storytelling

Ongoing Resistance and Affirmation of Rights

• Indigenous artists and communities continue to resist cultural erasure through activism, legal challenges, economic empowerment, and creative expression rooted in their own worldviews and aesthetics
• International frameworks like the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) affirm the inherent rights of Indigenous peoples to maintain, control, and develop their cultural heritage, traditional knowledge, and traditional cultural expressions
• Indigenous resistance takes many forms, such as reclaiming ancestral lands, revitalizing languages, practicing traditional religions, and asserting control over cultural resources
• Art serves as a powerful tool for Indigenous peoples to assert cultural identity, challenge colonial narratives, and envision self-determined futures

Colonialism's Impact on Indigenous Art

Forced Assimilation and Cultural Disruption

• Colonial policies of forced relocation, boarding schools, and assimilation sought to sever Indigenous peoples' connections to their lands, languages, and cultural practices, including artistic traditions
• Boarding schools, in particular, aimed to strip Indigenous children of their cultural identities and indoctrinate them into the dominant society, often punishing them for speaking their languages or practicing their traditions
• The removal of Indigenous peoples from their ancestral territories disrupted the intergenerational transmission of cultural knowledge, including artistic skills and techniques

Misappropriation and Commodification of Indigenous Art

• Museums, collectors, and scholars have historically removed Indigenous artworks and sacred objects from their communities of origin, often without consent or proper context
• Many Indigenous cultural items, such as ceremonial masks, weavings, and carvings, have ended up in museums or private collections far from their places of origin, divorced from their intended cultural functions and meanings
• Non-Indigenous artists, fashion designers, and corporations have long appropriated Indigenous art styles, motifs, and aesthetics without permission, attribution, or compensation to Indigenous creators (Navajo-inspired prints, Pacific Northwest formline designs)
• Cultural appropriation can misrepresent Indigenous art forms, strip them of spiritual or cultural meaning, undermine Indigenous artists' livelihoods, and perpetuate harmful stereotypes ("Native-inspired" Halloween costumes, "tribal" tattoos)

Economic Exploitation and Market Pressures

• The commercialization of "Indigenous-inspired" art and products by outsiders diverts economic benefits away from Indigenous communities and can undercut the value of authentic Indigenous art in the marketplace
• Mass-produced imitations of Indigenous art styles flood the market, making it harder for Indigenous artists to compete and earn a living from their work
• Indigenous artists may feel pressured to cater to non-Indigenous market demands or exotic stereotypes, stifling their creative freedom and cultural integrity
• The expectation to produce art that conforms to narrow, romanticized notions of Indigenous identity can limit Indigenous artists' ability to evolve and innovate in their practices

Frameworks for Indigenous Cultural Rights

Domestic Laws and Policies

• Domestic laws like the Indian Arts and Crafts Act (IACA) in the United States aim to protect Indigenous artists by prohibiting misrepresentation in the marketing of Indigenous arts and crafts products
• The IACA makes it illegal to sell or display art or crafts in a way that falsely suggests they are Indigenous-made, when they are not actually made by Indigenous peoples
• The Native American Graves Protection and Repatriation Act (NAGPRA) requires federal agencies and institutions that receive federal funding to return Native American cultural items and remains to lineal descendants and culturally affiliated tribes
• NAGPRA has facilitated the repatriation of many sacred objects, ancestral remains, and cultural patrimony from museums and collections back to Indigenous communities

International Agreements and Declarations

• International agreements like the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage recognize the importance of protecting and promoting Indigenous peoples' living cultural traditions and practices
• The convention aims to safeguard intangible cultural heritage, which includes oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe, and traditional craftsmanship
• The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) enshrines Indigenous peoples' rights to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions
• UNDRIP affirms that Indigenous peoples have the right to practice and revitalize their cultural traditions and customs, including the right to maintain, protect and develop the past, present and future manifestations of their cultures

Limitations of Intellectual Property Law

• Intellectual property laws based on individual authorship and ownership often fail to adequately protect Indigenous art forms that are collectively held, intergenerational, or sacred in nature
• Copyright law, which is based on the idea of a single author and fixed creative expressions, does not easily accommodate Indigenous oral traditions, communal designs, or cultural practices that evolve over time
• Patent and trademark laws similarly struggle to protect Indigenous traditional knowledge and cultural symbols that are shared among communities and passed down through generations
• The time-limited nature of intellectual property rights also conflicts with Indigenous notions of cultural heritage as an eternal birthright and responsibility

Indigenous-Led Cultural Heritage Management

• Indigenous communities are developing their own cultural heritage management protocols, research agreements, and digital archives to assert control over their artistic and cultural resources
• Tribal museums, cultural centers, and heritage offices enable Indigenous peoples to conserve, interpret, and share their cultural patrimony on their own terms
• Indigenous-led digital databases and archives, such as the Mukurtu content management system, allow communities to document and manage access to their cultural heritage according to their own protocols and values
• By developing their own research and data-sharing agreements, Indigenous communities can ensure that any use of their cultural knowledge and expressions occurs with their free, prior, and informed consent and brings benefits back to the community

Indigenous Art for Self-Determination

Asserting Cultural Identity and Challenging Narratives

• Indigenous artists use their creative practices to assert cultural identity, challenge colonial narratives, and imagine decolonized futures for their peoples
• Through their art, Indigenous creators can reclaim and reframe historical events, cultural symbols, and contemporary issues from Indigenous perspectives
• Indigenous visual artists often incorporate ancestral designs, stories, and aesthetics into their work as a way of affirming cultural continuity and resilience (Norval Morrisseau's Woodlands style, Christi Belcourt's beadwork-inspired paintings)
• Indigenous musicians and performers use traditional instruments, languages, and styles to create new works that celebrate cultural heritage while addressing current struggles (A Tribe Called Red's powwow-step, Tanya Tagaq's Inuit throat singing)

Transmitting Cultural Knowledge and Values

• Art provides a powerful medium for Indigenous peoples to transmit cultural knowledge, values, and worldviews across generations in the face of ongoing assimilation pressures
• Through storytelling, song, dance, and visual art, Indigenous artists pass on traditional teachings, histories, and philosophies to younger generations
• Engaging in artistic practices helps Indigenous youth connect with their cultural identities, develop a sense of pride and belonging, and learn important skills and values
• Indigenous art forms often carry deep spiritual and cultural meanings that are integral to maintaining Indigenous peoples' relationships with their lands, ancestors, and non-human relations

Reclaiming Public Space and Visibility

• Indigenous public art, like murals and monuments, can reclaim urban and ancestral landscapes, making Indigenous presence and perspectives visible in settler societies
• Murals depicting Indigenous histories, leaders, and contemporary life assert Indigenous peoples' ongoing connection to and stewardship of their territories, even in heavily colonized areas (Cheyenne Randall's "Shopped Tattoos", Chip Thomas's "Painted Desert Project")
• Indigenous monuments and memorials honor the sacrifices and contributions of Indigenous peoples, commemorate important events and figures in Indigenous histories, and challenge dominant narratives of conquest and erasure (National Native American Veterans Memorial, Chief Crazy Horse Memorial)
• Public art interventions, like the placing of Indigenous place names and language signs, can restore Indigenous toponyms and linguistic presence to landscapes that have been overwritten by colonization

Combating Cultural Appropriation and Stereotypes

• Activist artists combat cultural appropriation by subverting stereotypical imagery, calling out instances of theft or misuse, and affirming Indigenous peoples' inherent sovereignty over their cultural expressions
• Indigenous artists often use humor, irony, and satire to challenge and reclaim stereotypical representations of Indigenous peoples in popular culture (Steven Paul Judd's "Hopi Princess Leia", Bunky Echo-Hawk's "Gas Mask")
• By creating their own self-representations and controlling the circulation of their art, Indigenous artists resist the commodification and exoticization of their cultures by outsiders
• Indigenous hashtag campaigns, like #NotYourMascot and #MyNameIsNotCostume, use social media to raise awareness about cultural appropriation and demand respect for Indigenous peoples' inherent right to control their own cultural expressions

Building Indigenous Art Movements and Markets

• Indigenous art movements, collectives, and institutions cultivate Indigenous artists' capacity to develop their work on their own terms and in dialogue with their communities
• Collectives like the Indigenous Brilliance literary collective and the ReMatriate artist collective provide supportive spaces for Indigenous creators to collaborate, mentor one another, and challenge the exclusionary norms of mainstream art worlds
• Indigenous-run galleries, museums, and performance venues center Indigenous curatorial perspectives and give Indigenous artists greater control over the presentation and interpretation of their work (American Indian Community House Gallery, Woodland Cultural Centre)
• Art markets and exhibitions dedicated to Indigenous self-representation, like the Santa Fe Indian Market, provide platforms for Indigenous artists to build recognition and economic power while retaining cultural and aesthetic autonomy
• By supporting Indigenous-led art initiatives, collectors, curators, and consumers can help ensure that Indigenous artists are the primary beneficiaries of their own cultural expressions and creative labor