Indigenous Knowledge and Indigenous Data Sovereignty
What is indigenous knowledge?
Our Culture: Our Future – Report on Australian Indigenous Cultural and Intellectual Property Rights was the result of extensive research and consultation undertaken by Terri Janke, for Michael Frankel and Company under the commission of the Aboriginal and Torres Strait Islander Commission and the Australian Institute of Aboriginal and Torres Strait Islander Studies.
This guide explains issues of copyright, old knowledge, authorship, sacred and secret material and discusses the implications of modern research methods in relation to Indigenous traditional knowledge systems.
In 2017, Terri Janke and Company was commissioned by IP Australia to develop a series of papers exploring key issues for the protection and management of Indigenous Knowledge in Australia. The main paper explores the relationship between tradition-based knowledge of Aboriginal and Torres Strait Islander peoples and issues of intellectual property, cultural heritage and economic empowerment. Supplementary Paper 1: Legal protection of Indigenous Knowledge in Australia provides an overview of the Australian laws that are currently used to recognise and protect Indigenous Knowledge. Supplementary Paper 2: International Laws and Developments relating to Indigenous Knowledge in Australia provides a snapshot of international instruments that Australia is a member to or is involved with across intellectual property, environment, human rights, cultural heritage and trade, shedding light on the discussions around Indigenous Knowledge protection and management.
The United Nations named 2019 the International Year of Indigenous Languages. In recognition of this, the Australian Government’s (then) Department of Communications and the Arts commissioned Terri Janke and Company to prepare the First Languages, Law & Governance Guide. Indigenous languages are the foundation of Aboriginal and Torres Strait Islander culture and identity. All around Australia, Indigenous communities are working to revitalise and maintain their languages. Aboriginal and Torres Strait Islander groups and communities hold significant collections of a variety of language resources and are using digital technology in innovative and culturally sensitive ways to maintain these collections. The Guide is written for Indigenous Languages Centres and Aboriginal and Torres Strait Islander people working in the language sector to provide an overview of the legal issues they need to consider, and the resources available, to assist them in the development of language projects and to continue learning, teaching and speaking their languages with strength and pride.
In Australia, 'Indigenous Data' refers to information or knowledge, in any format or medium, which is about and may affect Indigenous peoples both collectively and individually. 'Indigenous Data Sovereignty' refers to the right of Indigenous people to exercise ownership over Indigenous Data and ownership of data can be expressed through the creation, collection, access, analysis, interpretation, management, dissemination and reuse of Indigenous Data. 'Indigenous Data Governance’ refers to the right of Indigenous peoples to autonomously decide what, how and why Indigenous Data are collected, accessed and used. It ensures that data on or about Indigenous peoples reflects our priorities, values, cultures, worldviews and diversity.
Indigenous Data Sovereignty is the right of Indigenous peoples to govern the collection, ownership and application of data about Indigenous communities, peoples, lands, and resources. Its enactment mechanism Indigenous data governance is built around two central premises: the rights of Indigenous nations over data about them, regardless of where it is held and by whom; and the right to the data Indigenous peoples require to support nation rebuilding.
The idea for Te Mana Raraunga emerged from a meeting of Māori researchers and practitioners at a workshop hosted by the Academy of the Social Sciences in Australia on Data Sovereignty for Indigenous Peoples in July 2015. The workshop considered the implications of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) for the collection, ownership and application of data pertaining to indigenous peoples and what these might mean for indigenous peoples’ sovereignty.
The current movement toward open data and open science does not fully engage with Indigenous Peoples rights and interests. Existing principles within the open data movement (e.g. FAIR: findable, accessible, interoperable, reusable) primarily focus on characteristics of data that will facilitate increased data sharing among entities while ignoring power differentials and historical contexts. The CARE Principles for Indigenous Data Governance are people and purpose-oriented, reflecting the crucial role of data in advancing Indigenous innovation and self-determination. These principles complement the existing FAIR principles encouraging open and other data movements to consider both people and purpose in their advocacy and pursuits.
The idea for Maiam nayri Wingara Indigenous Data Sovereignty Collective emerged from a meeting of researchers and practitioners at a workshop hosted by the Academy of the Social Sciences in Australia on Data Sovereignty for Indigenous Peoples in July 2015. Indigenous Data Sovereignty (IDS) and Indigenous Data Governance (IDG) are terms increasingly being used across community, research, policy and in practice. The IDS movement has emerged in response to poor data practices, from the conceptualisation of data items through to reporting of data about Indigenous peoples. This chapter aims to provide clarity concerning the definitions of IDS and IDG; provide an overview of the historical context in which IDS has emerged; and provide examples of IDS and IDG across the spectrum of community, policy and practice.