Assessment 3: Community Case Study

Assessment 3: Community Case Study

Section 1: Study Objectives

This paper examines ethical and cultural protocols that might align with and are significant to a study of community dynamics in relation to the protection, preservation, maintenance, promotion and advancement of Indigenous cultural heritage, knowledge, and perspectives. The paper is based on a case study of Lowitja Institute, a leading indigenous health research organization in Australia. The rest of this report is organized as follows. Section Two gives an overview of the Lowitja Institute in relation to how its activities reflect broader Indigenous contemporary perspectives. Section Three explores relevant ethical considerations and protocols in accessing and utilizing Indigenous knowledge. Section Four examines relevant laws, guidelines and protocols that protect human, cultural, and intellectual property rights when working in Indigenous contexts. The last section is a summary of the main arguments.

Section Two: Overview of the Lowitja Institute

The Lowitja Institute is an Australian not-for-profit organization whose mission objectives is to promote the health of the Indigenous peoples by supporting quality impact research and knowledge exchanges. The organization was established in 2010 and has grown over the years to become a leading national institute for the advancement of policies, practices, and programs that influence research practices on the Indigenous Peoples. The Lowitja Institute works with other organizations and partners to facilitate ethical knowledge translation for the purpose of preserving Indigenous cultures.

Highlights of Ethics and Protocols in Accessing and Utilizing Indigenous Knowledge

Over the past few decades, research in Indigenous knowledge in Australia has grown at a very high rate. This unprecedented outcome has presented researchers and the Indigenous people with new challenges, such as the potential for misappropriation of Indigenous knowledge and deployment of research approaches that are not culturally ethical (Foster & Janke, 2015). These problems are particularly more pronounced in research practices pertaining to the health and wellbeing of the indigenous people. In recognition of this problem, the Lowitja Institute has outlined ethical protocols and related considerations when accessing and utilizing indigenous knowledge.

1. Minimization of exploitation: The Lowitja Institute advocates for the adoption of research approaches and knowledge translation methodologies that minimize potentials for the exploitation of the Indigenous people. The organization recognizes that due to the historical injustices perpetrated on the Aboriginals and Torres Strait Islanders and their segregation from the rest of the Australian society, chances of unfair risks and benefits when researchers interact with the Indigenous people are very high. This concern by the Lowitja Institute is supported by Rigney (2003), who argues that high levels of illiteracy, widespread poverty, linguistic and cultural differences, and limited understanding of the research process are critical factors for the exploitation of Indigenous people during research. Whereas various efforts have been made at the legislation level (as outlined in Section Four below) to enhance protection of Indigenous people against exploitation by researchers, there are no appropriate infrastructures to ensure that the research processes and their outcomes translate into social and economic benefits for the indigenous peoples. In recognition of this problem, the Lowitja Institute undertakes to advocate for the implementation of new regulatory infrastructures as well as independent oversight bodies that will help in minimizing the exploitation of Australia’s indigenous communities during research processes.

1. Empowerment of Indigenous Communities: All research efforts targeting Australia’s indigenous communities ultimately seek to access and utilize various aspects of the communities’ knowledge. This knowledge, although held by individuals in some cases, is part of the respective Indigenous communities’ cultural heritage (NHMRC, 2018). In view of this important consideration, the Lowitja Institute supports the need for the empowerment of indigenous communities and knowledge holders. In particular, the organization advocates for the inclusion of empowerment as a central feature in any research conducted with respect to the Aboriginals and Torres Strait Islanders. More specifically, the organization seeks to work with the Government and other stakeholders to strengthen the capacity of Indigenous communities to document, protect and share knowledge and other aspects of their cultural heritage.

• Culturally respectful negotiations: The Lowitja Institute recommends that all negotiations on indigenous knowledge and research be based on an understanding and respect for the cultural practices and values of the Indigenous people. As a sign of support for the preservation and protection of Indigenous knowledge, the Lowitja Institute advocates for all research agreements to be formalized with relevant authorities within the different indigenous jurisdictions before actual research or knowledge transfer is done. Among other benefits, negotiations would be beneficial to the host Indigenous community through the promotion of culture, distinctive values, and social practices (Foster & Janke, 2015). Therefore, the need for negotiation and all pertinent considerations should be incorporated into the design and implementation strategies of the knowledge transfer and research processes.

1. Familiarity with indigenous social structures and cultural systems: The Indigenous peoples of Australia comprise of several linguistically and culturally distinct groups. Even within some groups, it is possible to find several sub-cultures. It is, therefore imperative for the individuals and organizations conducting research in Indigenous contexts to be familiar with the communities’ social structures and cultural systems, as well as the role of education in fostering culturally ethical knowledge transfer (Gower, 2012). As part of its advocacy practices, the Lowitja Institute has developed guidelines for conceptual development in regard to the cultural space appropriate for utilizing indigenous knowledge.

1. Control over research and knowledge utilization: One of the most important ethical considerations in research is the establishment of a mechanism for the target community’s control of knowledge transfer and utilization. The right of the Aboriginals and Torres Strait Islanders to control all aspects of their culture is a right under the national and international laws (NHMRC, 2018). The Lowitja Institute promotes this important ethical provision by advocating for research approaches that demonstrate how indigenous peoples should be facilitated to exercise maximum possible control over research conducted within their territories. The organization also seeks to raise awareness among indigenous people of their rights regarding the dissemination of cultural knowledge. It achieves this goal by disseminating knowledge about appropriate procedures and protocols that should be observed to ensure the protection of Indigenous knowledge.

How Issues of Indigenous Human, Cultural and Intellectual Property Rights are Addressed

The Lowitja Institute operates under a compressive system of laws, policies and regulations designed to protect cultural, human, and intellectual property rights when researching and working in Indigenous contexts. The Constitution grants the government power to enact legislation that specifically deals with the Indigenous people’s right to their cultural practices and knowledge (Australian Government, 2020). The most important legislations are summarized below:

1. The Aboriginal and Torres Strait Islander Heritage Protection Act (1984): this law provides for the protection of objects and areas that are of particular importance to the Indigenous people.
2. The Protection of Movable Cultural Heritage Act (1986): this law ensures that cultural artifacts, objects, and knowledge that may be of particular cultural significance to Australia remain in the country.
3. The Copyright Act (1968): the law grants unconditional rights to the creators, owners, and custodians of indigenous knowledge and related intellectual property matters such as musical, literary, and dramatic works. Under this law, Indigenous people are recognized as the primary guardians and interpreters of their knowledge.
4. The Patents Act (1990): this law gives investors monopoly over the use of their inventions and related knowledge over a period of time. Indigenous inventors who hold patents have exclusive rights to exploit their patented material and to make economic gains.

• Plant Breeder’s Rights Act (1994): This law recognizes the important role that the development of plant varieties plays in ensuring the conservation of ecological systems and survival of human communities. The law protects the rights of Indigenous peoples (and all other Australian communities) to breed new plant varieties. This law is important to the Indigenous peoples due to their strong connection with the natural world.

1. The Designs Act (2003): this law seeks to foster the development of new knowledge and innovations by giving designers exckui9sve rights to their intellectual properties.

Australia’s state and territorial governments have the primary responsibility for promoting Indigenous human, cultural and intellectual property rights. Corresponding legislation at the Commonwealth level applies only to areas of national importance. The different laws, regulations, and policies may include procedures for ensuring that Indigenous communities remain the primary guardians of their cultural values and knowledge. In this regard, any action that may harm the cultural heritage, knowledge and perspectives of the Indigenous peoples may be prosecuted in accordance with the applicable laws. It is, therefore crucial for researchers working in indigenous contexts to be familiar with the applicable laws and policies.

Conclusion

The Lowitja Institute is one of the various not-for-profit organizations that seek to promote respect for the human, cultural, and intellectual property rights of the Indigenous peoples of Australia. The organization recognizes that utilization of a culture-centered approach when researching and working in Indigenous contexts contributes significantly towards building the capacity of the Indigenous people to engage freely with the health, education, and justice systems. Accordingly, it is imperative for relevant stakeholders to establish appropriate infrastructure to bolster the Indigenous people’s involvement and participation in all levels of research.