Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of 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 which w...
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| Format: | Proceeding Paper |
| Language: | English English English |
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2015
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| Online Access: | http://irep.iium.edu.my/46289/ http://irep.iium.edu.my/46289/2/KEYNOTE_Prof._Dr._Ida_Madhieha_Abdul_Ghani_Azmi.pdf http://irep.iium.edu.my/46289/3/POSTER_IMCoSS_3RD_2015_rev.jpg http://irep.iium.edu.my/46289/9/TRADE_IN_INDIGENOUS_PEOPLE.pdf |
| _version_ | 1848782942385471488 |
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| author | Ida Madieha, Abdul Ghani Azmi |
| author_facet | Ida Madieha, Abdul Ghani Azmi |
| author_sort | Ida Madieha, Abdul Ghani Azmi |
| building | IIUM Repository |
| collection | Online Access |
| 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 for 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 attractions for tourist in Malaysia. The paper seeks to ask how cultural tourisms 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.
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| first_indexed | 2025-11-14T16:13:28Z |
| format | Proceeding Paper |
| id | iium-46289 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English English |
| last_indexed | 2025-11-14T16:13:28Z |
| publishDate | 2015 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-462892016-01-29T18:02:08Z http://irep.iium.edu.my/46289/ Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of 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 for 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 attractions for tourist in Malaysia. The paper seeks to ask how cultural tourisms 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. 2015 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/46289/2/KEYNOTE_Prof._Dr._Ida_Madhieha_Abdul_Ghani_Azmi.pdf application/pdf en http://irep.iium.edu.my/46289/3/POSTER_IMCoSS_3RD_2015_rev.jpg application/pdf en http://irep.iium.edu.my/46289/9/TRADE_IN_INDIGENOUS_PEOPLE.pdf Ida Madieha, Abdul Ghani Azmi (2015) Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of legal treatise and national legislation. In: The Third International Multidisciplinary Conference on Social Sciences, 5-7 June 2015, Lampung, Sumatera. (Unpublished) |
| spellingShingle | K Law (General) Ida Madieha, Abdul Ghani Azmi Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of legal treatise and national legislation |
| title | Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of legal treatise and national legislation
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| title_full | Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of legal treatise and national legislation
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| title_fullStr | Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of legal treatise and national legislation
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| title_full_unstemmed | Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of legal treatise and national legislation
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| title_short | Cultural tourism and trade in indigenous people’s art and craft: a gap analysis of legal treatise and national legislation
|
| title_sort | cultural tourism and trade in indigenous people’s art and craft: a gap analysis of legal treatise and national legislation |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/46289/ http://irep.iium.edu.my/46289/2/KEYNOTE_Prof._Dr._Ida_Madhieha_Abdul_Ghani_Azmi.pdf http://irep.iium.edu.my/46289/3/POSTER_IMCoSS_3RD_2015_rev.jpg http://irep.iium.edu.my/46289/9/TRADE_IN_INDIGENOUS_PEOPLE.pdf |