Indigenous peoples are not multicultural minorities : cultural diversity, heritage and indigenous human rights in Australia

This theoretically innovative anthology investigates the problematic linkages between conserving cultural heritage, maintaining cultural diversity, defining and establishing cultural citizenship, and enforcing human rights.

It is the first publication to address the notions of cultural diversity, cultural heritage and human rights in one volume. Heritage provides the basis of humanity’s rich cultural diversity. While there is a considerable literature dealing separately with cultural diversity, cultural heritage and human rights, this book is distinctive and has contemporary relevance in focusing on the intersection between the three concepts. Cultural Diversity, Heritage and Human Rights establishes a fresh approach that will interest students and practitioners alike and on which future work in the heritage field might proceed.

Intellectual property rights in indigenous cultural heritage : basic concepts and continuing controversies

The developments at international level in the debate on what intellectual property (IP) lawyers refer to as traditional cultural expressions (TCEs) have to be seen in the context of the decolonisation movements after the Second World War. Post-war developments saw the formation of the United Nations (UN) and the emphasis on human rights in the UN Charter. With this emphasis came development programmes for indigenous peoples and the recognition of indigenous rights in the ILO Convention No. 107 of the 1957 Concerning the Protection and Intergration of Indigenous and Other Tribal and Semi-Tribal Populations in the Independant Countries. The decolonisation movements also initiated or renewed a parallel debate about the repatriation of items of cultural heritage. There was a remarkable shift in this discussion from 'cultural heritage of mankind' to cultural particularism and an emphasis on 'cultural property' ....

Cultural diversity, cultural heritage and human rights: towards heritage management as human rights-based cultural practice

The present article investigates the linkages between conserving cultural heritage, maintaining cultural diversity and enforcing human rights. While there seems to be a growing awareness of these linkages in international heritage and human rights circles, they remain poorly understood by many heritage practitioners who see their conservation work merely as a technical matter. The article argues that it is essential for practitioners engaged in heritage conservation projects to understand the broader economic, political and social context of their work. However, heritage scholars and teachers, too, need to recognise that there can be many motives behind official heritage interventions, that such action is sometimes taken primarily to achieve political goals, and that it can undermine rather than strengthen community identity, cultural diversity and human rights. Such a reorientation is an extension of the paradigm shift in which heritage is understood as cultural practice. In this more critical heritage studies discipline human rights are brought to the foreground as the most significant part of the international heritage of humanity.

Cultural equality and its soft power against terrorism

This book is a collection of papers originally presented at a workshop entitled 'After Nine Eleven: Ethics in the Time of Terror' hosted by Monash University on 24 June 2005. The workshop participants included members of the Ethics of War and Peace (EWAP) working group which was inaugurated at the first Oceanic Conference on International Studies in July 2004. EWAP provides a cross-disciplinary forum for scholars and non-academic professionals to exchange and debate ideas on topics including the ethics of armed intervention, the Just War, pacifist ethics, international humanitarian law, ethics in the military profession, and the relationship between law, ethics and politics.

The chapters within this book examine themes including 'lesser evils' and 'dirty hands' in the fight against terrorism, the ethics of intelligence gathering, humanitarian intervention, terrorism and the North-South divide, cultural equality as a response to terrorism, human rights and counterterrorism legislation, and the ethics of defending against 'bioterrorism'. 

Contributors include Alex Bellamy and Richard Devetak (University of Queensland), Baogang He (Deakin University), Christopher Michaelsen (Office for Democratic Institutions and Human Rights, Organization for Security and Co-operation in Europe), Jeremy Moses (University of Canterbury), Christian Enemark and Hugh Smith (University of New South Wales, Australian Defence Force Academy).

Floating lives : cultural citizenship and the limits of diaspora

Cultural citizenship may, in the simplest terms, be taken to mean a certain 'fit' or compatibility between the cultural attributes of an individual or group and those of the society in which they live. It is a complex concept, taking in rights, responsibilities and competencies as well as the more intangible issues of identity and belonging which have been the subject of intense debates within cultural studies in the last decade. In the case of diasporic or transnational peoples, it is further complicated by the fact of their multiple and unstable cultural and/or civic allegiances (to home and host nations in the first instance, but frequently also to the cultural space of diaspora itself).

This essay examines recent life stories by Chinese Australians: Clara Law's film Floating Life (1996) and two novellas by Liu Guande and Huangfu Jun, published together in English under the title Bitter Peaches and Plums (1995). Focusing on the diversity of experience evoked by notions of cultural belonging, it argues against the prevalent tendency within diaspora studies to engage in a rhetoric of cultural essentialism. The literatures of diaspora deserve to be read as documents of unique and complex cultural experiences rather than mere illustrations of archetypes

Cultural understanding: rethinking music teacher education in a multicultural Australia

This paper provides a multicultural perspective to music education in Australia and makes recommendations for the creation of more suitable intercultural training programs in Australian universities. It explores issues of multiculturalism in higher education institutions and argues that music education is a useful platform to address and rethink cultural diversity, where difference can be celebrated. Within Australian multicultural society, the rights and traditions of all people are recognized, respected and included. In this process, higher education institutions are challenged to prepare student teachers to meet the needs of society. This involves cultural understanding and the creation of multicultural curricula. From reflecting on current music education programs offered at Deakin University, Melbourne, it is argued that there is need to rethink current approaches to music education pedagogy. Although there are attempts to have an all inclusive approach in teacher training, the music curriculum is still trapped in the potpourri effect of trying to create culturally responsive teachers for every permutation of the multicultural classroom. When Australian society, ideally approaches true styles of multicultural music, teachers and students will celebrate the rich diversity of this nation.

Cultural diversity in the Australian classroom and the experience of Arab-Muslim students

Table of Contents : Preface Introduction 1. Building the Australia-India Relationship- Bruce Bennett 2. Plural Cultures, Monolithic Structures- Kapila Vatsyayan 3. The Homogenised Other: Cultural Diversity and Social Inequality- Alan Mayne 4. Deliberative Democracy and Modern Pluralism- Subrata Mukherjee 5. ‘A long and winding road’. From Cultural Homogeneity to a Multicultural Society: An Analysis of Inclusion and Exclusion in Australia- David Roberts 6. Limits of Multiculturalism in a Liberal Polity: Need for a Shared Identity-Sushila Ramaswamy 7. “Australia is a Multicultural Community –you’ll feel at home”:Cultural Diversity and the Promotion of Australia Internationally- Andrew Hassam 8. Accommodation of Cultural Diversity in India: Reflections on Past and Present- Abdulrahim P. Vijapur 9. Gandhian Ideas on Cultural Diversity and Unity in India- Sailaja Gullapalli 10. Multiculturalism: Australian and Indian Approach-Sonu Trivedi 11. Post Colonial Formation, Paradigm Consolidation and Economic Marginalization- S. Ram Vemuri 12. Dalits and Indigenous Australians: Affirmative Actions and Existing Realities- Swaraj Basu 13. Exploring a Critical Tradition in Communications Research: A Cultural Discourse- Amita Singh 14. Education and Empowerment: Dalits and the Demand for Modern Education in Colonial India- Shashi Bhushan Upadhyay 15. Recent Developments in Indian Migration to Australia (with Special Reference to Academics)- Graeme Hugo and Gouranga Lal Dasvarma 16. Cultural Diversity in the Australian Classroom and the Experience of Arab-Muslim Students- Sally Percival Wood 17. Working Australia Efficiency and Equity- Liz Hall 18. North-East India’s Cultural Diversity: Trends of Unrest and Marginalization- Sudhir Jacob George 19. Socio-economic Inequities of Tribal Communities in India- Priti Singh 20. Reinventing Australian Identity-D. Gopal 21. Identity and Rights of the Diaspora in the Post-colonial Era- R. Narayanan 22. Understanding Cultural Diversity: Reflections from the Americas- Satya R. Pattnayak Contributors Index

Case studies in human rights education and critical educational science

This thesis offers an account of the history and effects of three curriculum projects sponsored by the Australian Human Rights Commission between 1983 and 1986. Each project attempted to improve observance of human rights in and through Australian schools through participatory research (or critical educational science). That is, the research included, as a conscious feature, the effort to develop new forms of curriculum work which more adequately respect the personal and professional rights of teachers, especially their entitlement as persons and professionals to participate in planning, conducting and controlling the curriculum development, evaluation and implementation that constitutes their work. In more specific terms, the Australian Human Rights Commission's three curriculum projects represented an attempt to improve the practice and theory of human rights education by engaging teachers in the practical work of evaluating, researching, and developing a human rights curriculum. While the account of the Australian Human Rights Commission curriculum project is substantially an account of teachers1 work, it is a story which ranges well beyond the boundaries of schools and classrooms. It encompasses a history of episodes and events which illustrate how educational initiatives and their fate will often have to set within the broad framework of political, social, and cultural contestation if they are to be understood. More exactly, although the Human Rights Commission's work with schools was instrumental in showing how teachers might contribute to the challenging task of improving human rights education, the project was brought to a premature halt during the debate in the Australian Senate on the Bill of Rights in late 1985 and early 1986. At this point in time, the Government was confronted with such opposition from the Liberal/National Party Coalition that it was obliged to withdraw its Bill of Rights Legislation, close down the original Human Rights Commission, and abandon the attempt to develop a nationwide program in human rights education. The research presents an explanation of why it has been difficult for the Australian Government to live up to its international obligations to improve respect for human rights through education. More positively, however, it shows how human rights education, human rights related areas of education, and social education might be transformed if teachers (and other members of schools communities) were given opportunities to contribute to that task. Such opportunities, moreover, also represent what might be called the practice of democracy in everyday life. They thus exemplify, as well as prefigure, what it might mean to live in a more authentically democratic society.

Homophobic bullying and human rights : non-deficit approaches in queer youth wellbeing policy and practice

This chapter is concerned with ways for improving the capacity of school communities to provide queer young people with stimulating educational experiences that productively engage with the realities of their lives and which promote and enhance their wellbeing. By "queer" or "LBGTI" I mean to refer to all of those young people who do not conform to prevailing expectations regarding gender and sexual identity and behaviours, those young people who may be lesbian,gay, bisexual, transgender or intersexual (lGBTI), as well as all of those young people who have an association with gender and sexual diversity (for example, the straight fey boy who gets called a poofta; the teenage girl with lesbian parents, etc.). Methodologically, this chapter draws on a tradition of Foucauldian cultural analysis which acknowledges that gender and sexual identities are not stable or fixed, but that they are generated by influential discourses (e.g. my identity as a "man" in Melbourne today is mediated by contemporary discourses of masculinity, of Australianness, of class and so on) (for example, see Foucault 1984, 1990, 1992 and 1998).

This chapter argues that conventional approaches to school improvement for queer students normally focus on strategies for reducing the victimisation of teenage homosexuals, and that such strategies rely on dominant discourses of safety and bullying. I examine a recent example of this policy approach and use it as a starting point for considering the benefits and the constraints of a victim-based approach to queer youth wellbeing policy. The chapter then moves into a discussion about the recent introduction of human rights legislation in Victoria and how this can assist a move in policy and practice towards a more positive and diffuse engagement with gender and sexual diversity.

Protecting the Tay Nguyen gongs : conflicting rights in Vietnam’s central plateau

This theoretically innovative anthology investigates the problematic linkages between conserving cultural heritage, maintaining cultural diversity, defining and establishing cultural citizenship, and enforcing human rights.

It is the first publication to address the notions of cultural diversity, cultural heritage and human rights in one volume. Heritage provides the basis of humanity’s rich cultural diversity. While there is a considerable literature dealing separately with cultural diversity, cultural heritage and human rights, this book is distinctive and has contemporary relevance in focusing on the intersection between the three concepts. Cultural Diversity, Heritage and Human Rights establishes a fresh approach that will interest students and practitioners alike and on which future work in the heritage field might proceed.

Traditional knowledge, traditional cultural expressions and intellectual property law in the Asia-Pacific region

Contents

* The international debate about traditional knowledge and approaches in the Asia-Pacific region / Christoph Antons
* How are the different views of traditional knowledge linked by international law and global governance? / Christopher Arup
* Protection of traditional knowledge by geographical indications / Michael Blakeney
* An analysis of WIPO's latest proposal and the Model Law 2002 of the Pacific Community for the Protection of Traditional Cultural Expressions / Silke von Lewinski
* The role of customary law and practice in the protection of traditional knowledge related to biological diversity / Brendan Tobin
* Can modern law safeguard archaic cultural expressions? : observations from a legal sociology perspective / Christoph Beat Graber
* Branding identity and copyrighting culture : orientations towards the customary in traditional knowledge discourse / Martin Chanock
* Being indigenous' in Indonesia and the Philippines / Gerard A. Persoon
* Indigenous heritage and the digital commons / Eric Kansa
* Traditional cultural expression and the internet world / Brian Fitzgerald and Susan Hedge
* Cultural property and "the public domain" : case studies from New Zealand and Australia / Susy Frankel and Megan Richardson
* The recognition of traditional knowledge under Australian biodiscovery regimes : why bother with intellectual property rights? / Natalie Stoianoff
* Protection of traditional knowledge in the SAARC region and India's efforts / S.K. Verma
* The protection of expressions of folklore in Sri Lanka / Indunil Abeyesekere
* Traditional medicine and intellectual property rights : a case study of the Indonesian jamu industry / Christoph Antons and Rosy Antons-Sutanto.