Shearing demonstrations by Leon Tsosie, weaving by Rita Perry, wool washing by Rebecca Allen, and carding and spining by Evelyn Simonson were among many featured demonstrations at the event. Pictured is Rachael Allen (right) demonstrating vegetable dying of the wool as Jessa Fisher from Flagstaff inspects a drying hank of yarn.
Pretty neat article that emphasizes how Navajo cultural knowledge is something that cannot be sold and must be protected. It is "intellectual property" meaning that there are rights to knowledge and cultural information. Former Chief Justice Robert Yazzie highlights some of the federal laws that protect Native Cultures. He urges Navajos to protect their cultural knowledge.
Protecting the integrity of Diné traditions
S.J. Wilson
Navajo-Hopi Observer
Tuesday, July 01, 2008
TUBA CITY, Ariz. - Previous to European contact, Native Americans had no notion of the abstract concept of intellectual property - songs and prayers for example - said Robert Yazzie, who served as the Chief Justice of the Navajo Nation from 1992 to 2003.
Yazzie spoke about the importance of protecting Navajo traditions and culture on June 21 as part of Diné bé iiná's Sheep is Life event at Greyhills Academy High School.
"Traditionally, our medicine people said that our songs and prayers are not for sale," Yazzie continued. "They were created for the benefit of people - they made no distinction here about what people. They said the 'five-fingered' people."
Colleen Biakeddy discusses the benefits of wool skirting to the value of a fleece
Yazzie pointed out that a people's economic orientation affects a member's notion of property.
The traditional orientation, Yazzie said, includes a pastoral or agricultural background, a centric community and limited notions of private property. There is a free flow of information, art, technology and narratives. Traditional people view knowledge as something they must pass on to preserve the community or tribe's way of life, and there is a set procedure for the transfer of that knowledge.
In direct opposition, modern economics lead to a capitalistic viewpoint, Yazzie continued. This view is individual-oriented, with an expansive notion of private property and increasing domains of abstract property. There are emerging claims over "cultural" identities, such as Katsina dolls, and money is the only requirement for access to knowledge.
Yazzie touched on three areas where the federal government has established protection for cultural properties.
"The Native American Graves Protection and Repatriation Act (NAGPRA) addressed prior concerns of researchers collecting funerary objects without permission, including funerary objects and other sacred objects," Yazzie said. "Museums must document objects and notify relevant tribes about human remains and funerary objects.
"The American Indian Religious Freedom Act (AIRFA) of 1978 protects Native American spiritual elements such as sacred sites and religious objects," Yazzie continued. "The only intent I can perceive is to protect the American Indian from dying off. But specific protection for the songs and prayers are not in there."
Yazzie moved on to the United Nation's Declaration on the Rights of Indigenous Peoples - passed in September 2007. The Declaration is not legally binding under international law; however, it sets important standards for the treatment of the world's Indigenous people, numbered at 370 million.
"Article 11 of the Declaration was developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs," Yazzie said.
Of the U.S. Supreme Court, Yazzie said that there are some fine, intelligent people sitting at the bar there.
"But the weather can be cold, and the weather can be hot," Yazzie continued. "The last few years, the Court has been very cold regarding Indian issues. With the passage of the Declaration, I hear the United States saying, 'we take care of our people,' - it is something that has that potential."
Yazzie presented examples where Native American tribes attempted to protect intellectual property - including the use of H.R. Voth photographs of Hopi sacred ceremonies and the use of the Zia sun symbol on the New Mexico state flag.
Then-Chairman Vernon Masayesva sought a moratorium on the use of Voth's pictures in 1994 - an effort that failed, but was successful in creating more sensitivity for intellectual properties, Yazzie said.
In 1925, Dr. Harry Mera of Santa Fe entered a contest for the New Mexico state flag design held by the Daughters of the American Revolution, suggesting the sun symbol he'd seen on a Zia ceremonial pot in his city's Museum of Fine Arts. The state legislature approved his suggestion. The Zia Pueblo claimed that the pot had been stolen - because it was marked with the sun symbol, it was clearly a ceremonial pot and as such, would not have been allowed to leave the pueblo.
Zia Pueblo sought $1 million for each year the state displayed it on the flag, demanding $76 million in all. Representatives of the tribe acknowledged that they did not expect to collect - the attempt had been symbolic, and what the Zia really sought was respect and an apology.
Yazzie concluded that the aforementioned acts have provided limited protection for historic indigenous culture and tradition.
Another issue is the potential for in-fighting between tribes regarding who actually owns certain properties - case in point, the making of Katsina dolls by Navajo people.
"This may dramatically alter how spiritual knowledge is transferred internally," Yazzie said.
Again citing the United Nations' declaration, Yazzie touched on the idea of biopiracy - and an odd result of the passage of intellectual property law. Private companies have taken and sometimes altered genetic materials such as plants and seeds and have claimed them as their intellectual property. This practice is a threat to the survival and food security of Indigenous peoples.
"Article 24 of the Declaration states that Indigenous people have all rights to their traditional medicines and to maintain their health practices, including the conservation of the vital medicinal plants, animals and materials," Yazzie said.
"What do we do to distinguish western concepts of property from those of the traditional Navajo?" Yazzie said. "We can identify conceptual differences - 'everything on the rez is ours,' but I know that once we say that, it will be challenged. But we must take the step to assert our power. We must promulgate comprehensive Navajo Nation legislation with clear intent. We have a treaty, and are recognized as a sovereign nation by a point of law. We must declare our right to regulate and protect our own traditional knowledge and cultural resources. We must assert protective measures toward collective traditional knowledge of cultural heritage - in other words, our beliefs, practices, arts and crafts, stories and our traditional land."
The Nation has taken steps to do just this, Yazzie pointed out - including statutory recognition and adoption of Navajo customary regulations. The Navajo tribe has joined other tribes in establishing protocols for research and publication, and must enforce sanctions for violations according to established Navajo laws.
"Education is needed," Yazzie said. "When we talk to the elders [on the topic of intellectual properties], they know what we are talking about. This must be explained to younger generations."
Roy Kady, with Diné bé iiná, said that the selling of songs, stories and other intellectual property by some is a matter of economics.
"A lot of people are poor," Kady said. "The only way they can make money is selling their knowledge."
"Anytime intellectual property is discussed, it's the wealthy that benefit," Yazzie replied. "This brings the question, 'What about poor people?' I'm saying there are things that are unprotected. There are some things that the Navajo People should decide as a whole [as to whether it should be sold, not just an individual]."
There are things that should be preserved for future generations - like weaving, Yazzie said, and explained that his mother never depended on food stamps or welfare.
"She would take a rug to the trading post and we went back home wearing black tennis shoes, Wranglers, a Wrangler shirt. Yazzie summarized the spirit of Navajo weavers and indeed, all artisans.
"I can feed my kids with what I do - this is not the end of the story, this is my identity, this is what I will pass on. I have a plan, have a prayer, I have a song. Many Americans don't have that."
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