Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of international legal treatise and national legislation

The United Nations Declaration on the Rights of the Indigenous People, adopted on 13 September 2007, provides a clear support for the recognition of indigenous people's right over their cultural heritage, traditional cultural expression and traditional knowledge (Article 31). The Declaration...

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Main Author:	Ida Madieha, Abdul Ghani Azmi
Format:	Article
Language:	English
Published:	Science International Lahore 2018
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/68042/ http://irep.iium.edu.my/68042/1/68042_Cultural%20Tourism%20and%20Trade%20in%20Indigenous.pdf

id	iium-68042
recordtype	eprints
spelling	iium-680422019-07-11T03:11:54Z http://irep.iium.edu.my/68042/ Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of international legal treatise and national legislation Ida Madieha, Abdul Ghani Azmi K Law (General) The United Nations Declaration on the Rights of the Indigenous People, adopted on 13 September 2007, provides a clear support for the recognition of indigenous people's right over their cultural heritage, traditional cultural expression and traditional knowledge (Article 31). The Declaration which was supported by both Malaysia and Indonesia provides the framework for the evolution of laws, regulations and rules to maintain, develop the past and future manifestation of their cultural practices (Article 11). States are also expected to provide effective redress for the misappropriation of their cultural practices including restitution and repatriation of their ceremonial objects and human remains (Article 12). Indigenous culture is fast growing to be a major drawing appeal to global tourists. This paper commences with a brief expose on how the cultural practices of the indigenous people became a key attraction for tourist in Malaysia. The paper seeks to ask how cultural tourism can pose harm to the cultural integrity of the indigenous people. The widespread sale of their arts and crafts and the lack of control over reproduction of cheap copies for tourists question the measures taken by the state to control the misappropriation of their cultural practices. TCE has also been the subject of coverage in many other international treaties and domestic legislation. This paper examines the gaps between the various legal treatises on TCE and national legislation with the aim of fortifying the relevant rules for countries like Malaysia and Indonesia to emulate. The paper concludes with some suggestions for legislative reform for the effective control of trade in indigenous people's art and crafts. Science International Lahore 2018-09 Article PeerReviewed application/pdf en http://irep.iium.edu.my/68042/1/68042_Cultural%20Tourism%20and%20Trade%20in%20Indigenous.pdf Ida Madieha, Abdul Ghani Azmi (2018) Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of international legal treatise and national legislation. Science International (Lahore), 30 (5 (Section B) September-October). pp. 741-747. E-ISSN 1013-5316
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Ida Madieha, Abdul Ghani Azmi Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of international legal treatise and national legislation
description	The United Nations Declaration on the Rights of the Indigenous People, adopted on 13 September 2007, provides a clear support for the recognition of indigenous people's right over their cultural heritage, traditional cultural expression and traditional knowledge (Article 31). The Declaration which was supported by both Malaysia and Indonesia provides the framework for the evolution of laws, regulations and rules to maintain, develop the past and future manifestation of their cultural practices (Article 11). States are also expected to provide effective redress for the misappropriation of their cultural practices including restitution and repatriation of their ceremonial objects and human remains (Article 12). Indigenous culture is fast growing to be a major drawing appeal to global tourists. This paper commences with a brief expose on how the cultural practices of the indigenous people became a key attraction for tourist in Malaysia. The paper seeks to ask how cultural tourism can pose harm to the cultural integrity of the indigenous people. The widespread sale of their arts and crafts and the lack of control over reproduction of cheap copies for tourists question the measures taken by the state to control the misappropriation of their cultural practices. TCE has also been the subject of coverage in many other international treaties and domestic legislation. This paper examines the gaps between the various legal treatises on TCE and national legislation with the aim of fortifying the relevant rules for countries like Malaysia and Indonesia to emulate. The paper concludes with some suggestions for legislative reform for the effective control of trade in indigenous people's art and crafts.
format	Article
author	Ida Madieha, Abdul Ghani Azmi
author_facet	Ida Madieha, Abdul Ghani Azmi
author_sort	Ida Madieha, Abdul Ghani Azmi
title	Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of international legal treatise and national legislation
title_short	Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of international legal treatise and national legislation
title_full	Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of international legal treatise and national legislation
title_fullStr	Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of international legal treatise and national legislation
title_full_unstemmed	Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of international legal treatise and national legislation
title_sort	cultural tourism and trade in indigenous people’s art and craft: a gap analysis of international legal treatise and national legislation
publisher	Science International Lahore
publishDate	2018
url	http://irep.iium.edu.my/68042/ http://irep.iium.edu.my/68042/1/68042_Cultural%20Tourism%20and%20Trade%20in%20Indigenous.pdf
first_indexed	2023-09-18T21:36:36Z
last_indexed	2023-09-18T21:36:36Z
_version_	1777412862013079552

Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of international legal treatise and national legislation

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