Hi Ric
Most of what you are doing sounds really positive , but there is something that is bothering me about IP and determining who decides what is too culturally sensitive to market . I am sorry to be breathing down your back , but this is an important subject .
I am not sure what you mean when you talk about Traditional Knowledge in a modern economy . While you say communities will decide what products they will market , I see you have already been marketing some forms of traditional medicine.
Here is a few webpages that mention you traveling to Germany and Switzerland
marketing and promoting
traditional medicine Your own
website comes up in a google search saying your business is a gateway to spiritual and physical healing ,and the advertisement for the week long
medicine walk mentions the Medicine Wheel , and includes instruction on traditional plant medicines ,
healing circle ceremonies and traditional stories .
I don't see anything advertised here that crosses any obvious lines that I know of , and what you are doing wouldn't raise my concerns at all , except for the fact you seem to have BIG plans to offer marketing for "Traditional Knowledge" over a wide area . Looking at what you have been marketing so far , I am not sure what you mean when you talk about using "traditional knowledge" for a modern economy , but I haven't come across anything that mentions you are marketing value added lumber and blueberry products . You have said yourself that you intend to provide communities with
the opprotunity to market sensitive cultural products , but that they will be able to choose not to sell anything, they are uncomfortable selling .
I am concerned that if you are providing marketing opprotunities , this opprotunity will probably
encourage individuals and communities to market things that were never before commercialized , and given the opprotunity , individuals wanting to do this will put continuous pressure on their communities to agree to this . Especially if they see a neighboring community making money on something, their own community decided is too sensitive to commercialize .
It would seem really important to me , that decisions to do with protecting Spiritual traditions , are not in the hands of only a few individuals who stand to make money or loose money . Bringing the possibility of making money into the picture , when it comes to Spiritual traditions , will reward people for irresponsible exploitation , and over time that will tend to warp things. It would seem to me , it is really important that the decision to encourge the marketing of sensitive cultural traditions ( or not ) through providing marketing opprotunities ( or not ) should be the result of a process of formal public meetings and consultation that include many Elders and traditional leaders. Did I understand you correctly that these decisions to encourage the marketing of potentially sensitive cultural traditions ,
was made by you and your wife, on the basis of your personal experince , understanding , and private meetings with people you feel might not like to be named ? If so , I have some concerns about that .
As the speakers in that workshop on cultural preservation and IP mentioned , traditional medicines are so interconnected with Spiritual traditions and protocols, disconnecting parts , from the whole , can lead to problems .
1. If some of the traditional protocols around traditional medicines are going to be modifed to allow commercial development , who should decide this ?
Many tribal councils are acussed of corruption . I am not suggesting this is a problem in your area specificly, but in many places there are problems , like votes being bought with drugs and alcohol . I have heard of instances of good Elders who want to clean things up ,so they get involved in politics and after a couple months , and temptations of money , they too became corrupted . Considering all this , and this is reality , I am really uneasy with the idea of a possibly corrupt tribal council , having the power to decide to market something , that traditional protocols say should not be bought and
sold .
Another concern is ,traditional people are often very reluctant to make a direct criticism . In Rupert
Ross's book " Dancing with a Ghost" talks about how Cree parents often get accused of neglecting their kids, because they won't tell them to come in after a certain time of night, or to get up in the morning to go to school, or even not to do drugs , because there is such strong cultural prohibitions about interfering with another persons choices or giving unasked for advice . There was one story of a Cree woman who sat in the next room while her son committed suicide , but she didn't call 911 , because that would be interfering in his choices .
2.Considering this I am wondering what kind of community process would be in place , to assure that everyone with any concerns about commercializing a sensitve part of the culture , would speak out on this ?
3.You say the Chief of the FSIN was supportive of your plans , but i am not clear if you mean the Chief of the FSIN specifically supported creating a marketing system to encourge the commercialization of traditional medicines ?
From what was said at the 2005 workhop on cultural presevation, there was many concerns about the effect of commercialization on culture , and concerns about biopiracy were mentioned , but no one
mentioned wanting to actively pursue commercializing traditional medicines themselves , as you appear to have already been doing.
Reply #4
Federation of Saskatchewan Indian Nations
"Vice Chief Wapass concluded his remarks by saying that in seeking to protect their traditional knowledge, First Nations people were not seeking to make money. Rather, First Nations people were trying to protect and preserve what they have, but were slowly losing."
and ;
( Chief Adams )
"There is also concern that this knowledge may be sold by some First Nations people for personal gain. He noted that there was a lot of pressure on First Nations people to promote their culture, art, traditional ways, traditional medicines and medicinal practices."
Apparently just being a First Nations person does not automatically mean it's OK to market the culture.
4.As a general question , what kind of authorization or community process should Native people have gone through , if they are using their Peoples IP in a commercial endevour ?
5.Should any Indian , or group of Indians , be able to decide to utilize or market collectively owned cultural property , in a way that other users might feel degrades the non monetary value of this cultural property ?
6.If some feel this IP , is culturally sensitive , how would a community go about coming to an agreement about what should be marketed and what shouldn't be ?
7.What about a situation where there is not a consensus about what is a culturally sensitve product ? How can something like that be decided ? Who should be listened to ? Who has a right to decide ?
8.Is there a way the uninformed non native public , who will be the customers , can assure themselves the proper consultation process has taken place , before supporting these cultural business ventures ?
9.Who selected you as a spokes person to NGOs and the UN on the IP rights of Canadas First Nations ? Did you just see a need and take this on yourself ? Do you officially speak about intellecual property rights on behalf of the Meadow Lake Tribal Council or some other First Nations ?
Believe it or not I really hate arguing ... Just, I think these are important questions . Like I said ,most of what you are doing looks very positive , and I hope my concerns are unfounded , and just that I am lacking all the information . Sorry about using numbers again . I am hopping they help the specific questions not get lost in my other comments . I'm also sorry my posts tend to be so long ... The issues seem so complex , and all the parts are important .