Matthew H. Birkhold, a visiting scholar at the Humboldt-Universitat zu Berlin, writes for Bloomberg that it was a double-edged sword for the Annenberg Foundation to purchase 24 sacred American Indian objects that were auctioned off by a Paris auction house. The foundation plans to return the objects to the Hopi and the San Carlos Apache tribes. Even though the foundation denounced the sale of cultural property, it legitimized commerce in cultural property by participating in the auction, Birkhold opines.
The best solution for indigenous peoples to regain their cultural property that is not protected by intellectual property law is to work within the legal system, Birkhold argues: "The best bet for indigenous people to secure their cultural property is through the legal system, where taking a principled stand could pay dividends. A developing legal framework provides the tools to restore cultural artifacts to their rightful owners. In addition to the 1970 United Nations Educational, Scientific and Cultural Organization Convention, the UN Declaration on the Rights of Indigenous Peoples explicitly establishes the rights of indigenous peoples to maintain, control and protect their cultural heritage and obligates signatory states to take effective measures to protect their right to do so. This framework needs to be strengthened. In the meantime indigenous groups can further develop the law while making progress in its shadow."
Lawyer and Legal Journalist
