INDIGENOUS WOMEN'S ART DESIGNS

Author: The creator of an artistic, literary, musical or dramatic work.

Convention: (From the Latin convenire: "to come together") means a legally binding agreement between signatory states initiated by an international organization. A written document in which signatories either commit themselves to do a certain thing, not to do a certain thing, or in which they agree on a certain set of facts. They are very common in real property dealings and are used to restrict land use, such as among shopping mall tenants or for the purpose of preserving heritage property.

Copyright: Exclusive rights to a work including the sole right to publish, produce, reproduce, translate, communicate to the public by telecommunication and, in some cases, to rent a work, and also includes the right to perform a work in public, and, under certain conditions, to exhibit an artistic work in public.

Declaration: A written document adopted by United Nations or another international organization that defines political principles and guidelines, but wich has little binding power.

Expressions of folklore: Productions consisting of characteristic elements of the traditional artistic heritage developed and maintained by a community or by individuals reflecting the traditional artistic expectations of such a community. It can be for examples, verbal expressions such as folk tales, folk poetry and riddles, musical expressions, songs, dances, rituals. It can also consist of tangible expressions such as productions of folk art, drawings, paintings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewellery, basket weaving, costumes, carpets, textiles, needlework, musical instruments, architectural forms. This list is not restrictive.(2)

Globalization: Creation of a world market in which financial, commercial and working capital circulates freely. The aim is to eliminate barriers that various countries raise against the entry of financial, commercial and production capital from foreign countries. (3)

Indigenous knowledge: Used synonymously with traditional and local knowledge to differentiate the knowledge developed by a given community from the knowledge generated by universities, government research centres and private industry (which constitutes the international knowledge system and is sometimes called the Western system).(4)

Industrial designs: The shape, pattern or ornamentation (or combination of these) of a useful object which protects the object from being imitated.

Intellectual property: A form of creative endeavour that can be protected through a copyright, trademark, patent, industrial design, etc.

International Decade of the World's Indigenous People: The International Decade of the World's Indigenous People (1995 - 2004) was proclaimed by the General Assembly of the United Nations in its resolution 48/163 of December 21, 1993. Its main objective is to strengthen international cooperation for the solution of problems faced by indigenous people in such areas as human rights, the environment, development, education and health. The theme for the Decade is "Indigenous people: partnership in action." In the same resolution, the General Assembly requested the Secretary-General to appoint the Assistant Secretary-General for Human Rights as the Coordinator of the Decade. In its resolution 52/108, the General Assembly appointed the High Commissioner for Human Rights as Coordinator of the Decade.

International organization: An organization composed of States (countries). Ex.: United Nations.

Moral rights: Rights an author retains over the integrity of a work and the right to be named as its author even after sale or transfer of the copyright.

Non-governmental organization: An organization not composed of States.

Organization of United Nations: The United Nations and its family of organizations are international organizations that work together and individually to protect human rights. The United Nations is an organization of sovereign nations. It provides the means to help find solutions to international problems or disputes, and to deal with pressing concerns that face people everywhere.

Patent: A government authorization granted to inventor, giving the inventor exclusive rights to manufacture, use or sell an invention.

Special Rapporteur: The Commission on Human Rights and the Economic and Social Council have established a number of extra-conventional procedures and mechanisms such as working groups composed of experts acting in their individual capacity or independent individuals designated as special rapporteurs, representatives or experts. The mandates given to such procedures and mechanisms are either to examine, monitor and publicly report on human rights situations in specific countries or territories or on major phenomena of human rights violations worldwide. Each of the said special procedures has its own specific mandate. In the case of the Special Rapporteur, Ms. Erica-Irene Daes, the Sub-Commission on Prevention of Discrimination and Protection of Minorities in its resolution1990/25 of August 31, appointed her to prepared a working paper on the protection of the heritage of indigenous people. This issue proved to need particular study was the question of cultural and intellectual property of indigenous peoples that is why Ms. Erica-Irene Daes was appointed Special Rapporteur for this issue.

Trademark: A word, symbol or design, or a combination of these, used to distinguish the goods or services of one party from those of another.

Working Group on Indigenous Populations: Established pursuant to United Nations' Economic and Social Council resolution 1982/34 of May 7, 1982, this working group is a subsidiary organ of the Sub-Commission on Prevention of Discrimination and Protection of Minorities and meets annually in Geneva, usually during the last week of July. The Group has the mandate to review developments pertaining to the promotion and protection of human rights and fundamental freedoms of indigenous peoples and to give attention to the evolution of international standards concerning indigenous rights. The Working Group is open to all representatives of indigenous peoples and their communities and organizations and also includes the participation of representatives of Governments, non-governmental organizations and United Nations agencies. The Working Group consists of five independent experts and members of the Sub-Commission, one from each of the geopolitical regions of the world. The current members of the Working Group are: Mr. Miguel Alfonso Martinez (Cuba), Mr. Vladimir Boutkevich (Ukraine), Ms. Erica-Irene Daes (Greece), Mr. El-Hadjé Guissé (Senegal) and Mr. Ribot Hatano (Japan). Ms. Daes has been the Chairperson-Rapporteur of the Working Group since 1984.

NOTES

 1)     For more complete definitions related to intellectual property see: Industry Canada, Canadian Intellectual Property Office, A Guide to Copyright, Hull, Canada, 1994. Return

 2)     See article 2. United Nations Educational, Scientific and Cultural Organization, World Intellectual Property Organization, Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and Other Prejudicial Actions, Paris, France, 1985. Return

 3)     See Joaquín Arriola, Victor Aguilar, Globalización de la Economía, Equipo de Educación Maíz, San Salvador, El Salvador, 1995, p. 6. Return

 4)     Louise Grenier, Working with Indigenous Knowledge: A Guide for Researchers, Ottawa, Canada, IDRC, 1998, p.101. Return