IND/What is Cultural Heritage?
In recent years, increasing awareness of Indigenous cultural and intellectual property has led to the recognition of the need for more effective protection of Indigenous rights in relation to cultural heritage.
| “ | Cultural heritage encompasses language, ceremonies, songs, symbols, histories, ways of life and cultural and intellectual property. It encompasses moveable cultural properties, such as museum collections and immoveable cultural property such as rock art, sacred sites and historical sites. It also includes traditional knowledge and traditional resources … If we are to consider reconciliation, it must begin with the recognition that indigenous peoples have the right to maintain our cultural heritage in our own manner. | ” |
1864 from Souvenir Views of Melbourne and Victorian Scenery, Melbourne, 1865. Held in the La Trobe Collection, State Library of VDr Gaye Sculthorpe, Head Curator, Indigenous Cultures Program, Museum Victoria speech to the Australian Reconciliation Convention, 1997).
Cultural heritage rights address the preservation and care, protection, management and control by Indigenous peoples of their cultural artefacts, ancestral remains, archaeological, historical and significant traditional sites, traditional food resources and traditional and contemporary expressions. They include rights to the understanding and knowledge of, and the ideas contained in culture and in many forms of cultural expression such as rituals, oral histories and designs.
These rights are not necessarily tied to land rights or native title claims. Some of these rights are now recognised and protected by specific heritage legislation. Heritage legislation can protect significant Indigenous cultural sites.
To get a sense of the range of Indigenous cultural heritage sites, and the legislation in NSW, listen to this interview with Christian Hampson (North West Regional Manager of the Country Culture and Heritage Division of the Office of Environment and Heritage, NSW).
Listen to the recording by Christian Hampson (.mp3).
Native Title
Consider the following questions:
- Think about your knowledge of Indigenous Australian history since colonisation.
- What might be some of the difficulties that Indigenous people could have proving their Native Title?
- What are some of the rights that may be included under Native Title?
- Where does native title come from and how is it different from other forms of Australian property rights?
| 
