7.2 Indigenous art and the fight for cultural rights
7 min read•august 13, 2024
Indigenous art has long been a battleground for cultural rights. Colonization suppressed traditional art forms, while appropriation exploited them. Today, Indigenous artists fight back, using their work to reclaim identity, challenge stereotypes, and assert sovereignty over their cultural heritage.
Laws like and UNDRIP now recognize Indigenous cultural rights. But the struggle continues. Through art, Indigenous peoples resist erasure, transmit knowledge to future generations, and envision decolonized futures. Their creativity is a powerful tool for self-determination and .
Indigenous Cultural Rights: Historical Struggles
Centuries of Colonization and Cultural Suppression
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The Canadian Mosaic, Archival Silences, and an Indigenous Presence in Banff – Active History View original
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The Canadian Mosaic, Archival Silences, and an Indigenous Presence in Banff – Active History View original
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These Paintings Depict the Indigenous Peoples’ Struggle Against Exploitation in the Philippines ... View original
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File:Charles Hill - The Proclamation of South Australia 1836 - Google Art Project.jpg ... View original
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The Canadian Mosaic, Archival Silences, and an Indigenous Presence in Banff – Active History View original
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- Indigenous peoples have faced centuries of colonization, forced assimilation, and cultural suppression by dominant societies seeking to erase or exploit their traditions, knowledge, and art forms
- The struggle to protect Indigenous cultural rights is deeply intertwined with fights for land rights, political sovereignty, language preservation, and religious freedom
- Colonial powers and settler societies have often misappropriated, commodified, or destroyed Indigenous art, including visual arts, music, dance, and storytelling
Ongoing Resistance and Affirmation of Rights
- Indigenous artists and communities continue to resist cultural erasure through activism, legal challenges, economic empowerment, and creative expression rooted in their own worldviews and aesthetics
- International frameworks like the (UNDRIP) affirm the inherent rights of Indigenous peoples to maintain, control, and develop their cultural heritage, traditional knowledge, and traditional cultural expressions
- Indigenous resistance takes many forms, such as reclaiming ancestral lands, revitalizing languages, practicing traditional religions, and asserting control over cultural resources
- Art serves as a powerful tool for Indigenous peoples to assert cultural identity, challenge colonial narratives, and envision self-determined futures
Colonialism's Impact on Indigenous Art
Forced Assimilation and Cultural Disruption
- Colonial policies of forced relocation, boarding schools, and assimilation sought to sever Indigenous peoples' connections to their lands, languages, and cultural practices, including artistic traditions
- Boarding schools, in particular, aimed to strip Indigenous children of their cultural identities and indoctrinate them into the dominant society, often punishing them for speaking their languages or practicing their traditions
- The removal of Indigenous peoples from their ancestral territories disrupted the intergenerational transmission of cultural knowledge, including artistic skills and techniques
Misappropriation and Commodification of Indigenous Art
- Museums, collectors, and scholars have historically removed Indigenous artworks and sacred objects from their communities of origin, often without consent or proper context
- Many Indigenous cultural items, such as ceremonial masks, weavings, and carvings, have ended up in museums or private collections far from their places of origin, divorced from their intended cultural functions and meanings
- Non-Indigenous artists, fashion designers, and corporations have long appropriated Indigenous art styles, motifs, and aesthetics without permission, attribution, or compensation to Indigenous creators (Navajo-inspired prints, Pacific Northwest formline designs)
- can misrepresent Indigenous art forms, strip them of spiritual or cultural meaning, undermine Indigenous artists' livelihoods, and perpetuate harmful stereotypes ("Native-inspired" Halloween costumes, "tribal" tattoos)
Economic Exploitation and Market Pressures
- The commercialization of "Indigenous-inspired" art and products by outsiders diverts economic benefits away from Indigenous communities and can undercut the value of authentic Indigenous art in the marketplace
- Mass-produced imitations of Indigenous art styles flood the market, making it harder for Indigenous artists to compete and earn a living from their work
- Indigenous artists may feel pressured to cater to non-Indigenous market demands or exotic stereotypes, stifling their creative freedom and cultural integrity
- The expectation to produce art that conforms to narrow, romanticized notions of can limit Indigenous artists' ability to evolve and innovate in their practices
Frameworks for Indigenous Cultural Rights
Domestic Laws and Policies
- Domestic laws like the (IACA) in the United States aim to protect Indigenous artists by prohibiting misrepresentation in the marketing of Indigenous arts and crafts products
- The IACA makes it illegal to sell or display art or crafts in a way that falsely suggests they are Indigenous-made, when they are not actually made by Indigenous peoples
- The Native American Graves Protection and Repatriation Act (NAGPRA) requires federal agencies and institutions that receive federal funding to return Native American cultural items and remains to lineal descendants and culturally affiliated tribes
- NAGPRA has facilitated the repatriation of many sacred objects, ancestral remains, and cultural patrimony from museums and collections back to Indigenous communities
International Agreements and Declarations
- International agreements like the recognize the importance of protecting and promoting Indigenous peoples' living cultural traditions and practices
- The convention aims to safeguard intangible cultural heritage, which includes oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe, and traditional craftsmanship
- The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) enshrines Indigenous peoples' rights to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions
- UNDRIP affirms that Indigenous peoples have the right to practice and revitalize their cultural traditions and customs, including the right to maintain, protect and develop the past, present and future manifestations of their cultures
Limitations of Intellectual Property Law
- Intellectual property laws based on individual authorship and ownership often fail to adequately protect Indigenous art forms that are collectively held, intergenerational, or sacred in nature
- Copyright law, which is based on the idea of a single author and fixed creative expressions, does not easily accommodate Indigenous oral traditions, communal designs, or cultural practices that evolve over time
- Patent and trademark laws similarly struggle to protect Indigenous traditional knowledge and cultural symbols that are shared among communities and passed down through generations
- The time-limited nature of also conflicts with Indigenous notions of cultural heritage as an eternal birthright and responsibility
Indigenous-Led Cultural Heritage Management
- Indigenous communities are developing their own cultural heritage management protocols, research agreements, and digital archives to assert control over their artistic and cultural resources
- Tribal museums, cultural centers, and heritage offices enable Indigenous peoples to conserve, interpret, and share their cultural patrimony on their own terms
- Indigenous-led digital databases and archives, such as the Mukurtu content management system, allow communities to document and manage access to their cultural heritage according to their own protocols and values
- By developing their own research and data-sharing agreements, Indigenous communities can ensure that any use of their cultural knowledge and expressions occurs with their free, prior, and informed consent and brings benefits back to the community
Indigenous Art for Self-Determination
Asserting Cultural Identity and Challenging Narratives
- Indigenous artists use their creative practices to assert cultural identity, challenge colonial narratives, and imagine decolonized futures for their peoples
- Through their art, Indigenous creators can reclaim and reframe historical events, cultural symbols, and contemporary issues from Indigenous perspectives
- Indigenous visual artists often incorporate ancestral designs, stories, and aesthetics into their work as a way of affirming cultural continuity and resilience (, Christi Belcourt's beadwork-inspired paintings)
- Indigenous musicians and performers use traditional instruments, languages, and styles to create new works that celebrate cultural heritage while addressing current struggles (, )
Transmitting Cultural Knowledge and Values
- Art provides a powerful medium for Indigenous peoples to transmit cultural knowledge, values, and worldviews across generations in the face of ongoing assimilation pressures
- Through storytelling, song, dance, and visual art, Indigenous artists pass on traditional teachings, histories, and philosophies to younger generations
- Engaging in artistic practices helps Indigenous youth connect with their cultural identities, develop a sense of pride and belonging, and learn important skills and values
- Indigenous art forms often carry deep spiritual and cultural meanings that are integral to maintaining Indigenous peoples' relationships with their lands, ancestors, and non-human relations
Reclaiming Public Space and Visibility
- Indigenous public art, like murals and monuments, can reclaim urban and ancestral landscapes, making Indigenous presence and perspectives visible in settler societies
- Murals depicting Indigenous histories, leaders, and contemporary life assert Indigenous peoples' ongoing connection to and stewardship of their territories, even in heavily colonized areas (Cheyenne Randall's "Shopped Tattoos", Chip Thomas's "Painted Desert Project")
- Indigenous monuments and memorials honor the sacrifices and contributions of Indigenous peoples, commemorate important events and figures in Indigenous histories, and challenge dominant narratives of conquest and erasure (, )
- Public art interventions, like the placing of Indigenous place names and language signs, can restore Indigenous toponyms and linguistic presence to landscapes that have been overwritten by colonization
Combating Cultural Appropriation and Stereotypes
- Activist artists combat cultural appropriation by subverting stereotypical imagery, calling out instances of theft or misuse, and affirming Indigenous peoples' inherent sovereignty over their cultural expressions
- Indigenous artists often use humor, irony, and satire to challenge and reclaim stereotypical representations of Indigenous peoples in popular culture (Steven Paul Judd's "Hopi Princess Leia", Bunky Echo-Hawk's "Gas Mask")
- By creating their own self-representations and controlling the circulation of their art, Indigenous artists resist the commodification and exoticization of their cultures by outsiders
- Indigenous hashtag campaigns, like and , use social media to raise awareness about cultural appropriation and demand respect for Indigenous peoples' inherent right to control their own cultural expressions
Building Indigenous Art Movements and Markets
- Indigenous art movements, collectives, and institutions cultivate Indigenous artists' capacity to develop their work on their own terms and in dialogue with their communities
- Collectives like the and the provide supportive spaces for Indigenous creators to collaborate, mentor one another, and challenge the exclusionary norms of mainstream art worlds
- Indigenous-run galleries, museums, and performance venues center Indigenous curatorial perspectives and give Indigenous artists greater control over the presentation and interpretation of their work (, )
- Art markets and exhibitions dedicated to Indigenous self-representation, like the , provide platforms for Indigenous artists to build recognition and economic power while retaining cultural and aesthetic autonomy
- By supporting Indigenous-led art initiatives, collectors, curators, and consumers can help ensure that Indigenous artists are the primary beneficiaries of their own cultural expressions and creative labor
Key Terms to Review (37)
#mynameisnotcostume: #mynameisnotcostume is a social media campaign and movement that challenges the appropriation of Indigenous cultures, specifically in the context of Halloween and costumes. It emphasizes that Indigenous identities and cultures are not to be reduced to stereotypes or fashion statements, advocating for respect and understanding rather than appropriation. This movement highlights the ongoing struggles for cultural rights among Indigenous peoples and seeks to educate others about the significance of their cultural expressions.
#notyourmascot: #notyourmascot is a social media campaign and movement that challenges the use of Indigenous peoples and symbols as mascots in sports and other organizations. It aims to raise awareness about the disrespectful representation of Indigenous cultures and advocate for the recognition of their rights, particularly in relation to cultural appropriation and misrepresentation. This term emphasizes the need for greater respect and sensitivity toward Indigenous identities and promotes a dialogue about cultural rights and representation.
A Tribe Called Red's Powwow-Step: A Tribe Called Red's Powwow-Step is a music genre that fuses traditional Indigenous powwow music with electronic dance music elements, creating a vibrant sound that celebrates Indigenous culture while reaching modern audiences. This genre not only reinterprets traditional sounds but also plays a crucial role in the cultural revitalization and assertion of Indigenous identity in contemporary society.
American Indian Community House Gallery: The American Indian Community House Gallery is a space dedicated to showcasing the artistic works of Native American artists, while promoting cultural awareness and community engagement. This gallery serves as a vital platform for Indigenous voices, highlighting their unique perspectives and fostering dialogue around cultural rights and representation.
Art as activism: Art as activism refers to the use of artistic expression to promote social change, raise awareness about issues, and empower marginalized communities. This concept emphasizes the role of artists as advocates who utilize their work to challenge injustices, tell their stories, and engage audiences in critical conversations. By weaving cultural narratives and personal experiences into their creations, artists often seek to reclaim their identities and assert their rights within broader societal frameworks.
Artistic reappropriation: Artistic reappropriation is the practice of taking existing artworks, styles, or cultural symbols and reinterpreting or altering them to create new meanings or contexts. This process often involves reclaiming and reshaping elements from marginalized or misrepresented cultures, allowing for a dialogue that confronts historical injustices and cultural appropriation while asserting the value of the original culture. Through this lens, artists can challenge stereotypes and promote awareness of cultural rights.
Blackfoot Confederacy: The Blackfoot Confederacy is a coalition of three primary Indigenous nations in North America: the Siksika, Kainai, and Piikani, along with the Atsina people. This alliance formed in the 19th century to strengthen their political and economic power against external pressures, particularly from European settlers and rival tribes. The Confederacy plays a significant role in preserving cultural rights and expressions through traditional practices, including art, which serves as a medium for storytelling, identity, and resistance.
Bunky Echo-Hawk's Gas Mask: Bunky Echo-Hawk's Gas Mask is an artwork created by the Indigenous artist Bunky Echo-Hawk that combines visual art and political commentary. The piece reflects the struggles of Indigenous peoples against environmental degradation and colonialism, symbolizing the impact of pollution and the fight for cultural rights. It serves as a powerful reminder of the interconnectedness of art, activism, and the preservation of Indigenous identities in the face of contemporary challenges.
Cheyenne Randall's Shopped Tattoos: Cheyenne Randall's Shopped Tattoos are a series of digitally altered photographs that reimagine historical portraits of Native American individuals, integrating modern tattoo art into their imagery. This artwork serves to highlight the ongoing evolution of Indigenous identity, blending traditional and contemporary elements while challenging cultural appropriation and stereotypes. The series sparks conversations about representation and the reclamation of Indigenous culture in the face of historical erasure.
Chief Crazy Horse Memorial: The Chief Crazy Horse Memorial is a monumental sculpture in South Dakota that honors the Lakota leader Crazy Horse, who fought against the U.S. government’s encroachment on Native American land. This memorial, which is still under construction, aims to celebrate the culture and heritage of Indigenous peoples and serves as a symbol of resistance and resilience in the face of cultural erasure.
Chip Thomas's Painted Desert Project: Chip Thomas's Painted Desert Project is an art initiative that combines muralism and community engagement, focusing on the Navajo Nation in the American Southwest. Through large-scale murals painted on abandoned structures, Thomas aims to raise awareness about Indigenous culture, social issues, and environmental challenges faced by Native communities. This project is a powerful expression of art as a tool for cultural rights and activism.
Colonialism: Colonialism is a practice where a country establishes control over a foreign territory, exploiting its resources and people for economic and political gain. This often involves the domination of the indigenous population, leading to profound cultural changes and displacement. Colonialism has played a critical role in shaping art forms and cultural expressions, as it often seeks to erase or appropriate the indigenous identities while imposing the colonizer's culture and values.
Contemporary indigenous art: Contemporary indigenous art refers to the artistic expressions created by Indigenous peoples in the present day, incorporating traditional techniques and themes while also engaging with contemporary issues and media. This art form serves as a bridge between past and present, allowing Indigenous artists to assert their cultural identity, communicate social and political messages, and challenge stereotypes.
Cultural Appropriation: Cultural appropriation is the act of taking or using elements from one culture by members of another culture, often without permission or understanding. This term is particularly significant in discussions about power dynamics, as it frequently involves the appropriation of marginalized cultures by dominant groups, raising issues related to respect, representation, and ownership in the context of art and cultural expression.
Cultural representation: Cultural representation refers to the ways in which a group's culture, identity, and experiences are portrayed or depicted in various forms of art, media, and public discourse. This concept is crucial for understanding how marginalized or underrepresented communities express their narratives, assert their rights, and challenge stereotypes through creative expressions. It plays a vital role in fostering connections between different cultures and promoting social justice by ensuring that diverse voices are heard and valued.
Cultural revitalization: Cultural revitalization refers to the process through which Indigenous communities work to restore, reclaim, and revitalize their cultural practices, traditions, and identities that have been suppressed or diminished, often due to colonization and modern influences. This involves not just the revival of traditional arts but also a broader reassertion of cultural identity that can manifest in various forms, including language, ceremonies, and social practices.
Cultural Sovereignty: Cultural sovereignty refers to the right of a group, particularly Indigenous peoples, to maintain and control their cultural identity, practices, and expressions without external interference. It emphasizes the importance of self-determination in cultural expression and recognizes that communities have the inherent right to protect their cultural heritage while navigating global influences and pressures.
Indian Arts and Crafts Act: The Indian Arts and Crafts Act is a United States federal law enacted in 1990 that promotes and protects the integrity of Native American arts and crafts. It prohibits the misrepresentation of Indian arts and crafts in commerce, ensuring that only products made by federally recognized tribes or individuals are marketed as authentic Indigenous art. This law plays a crucial role in supporting cultural rights, addressing commercialization concerns, and influencing emerging trends in Indigenous art.
Indigenous brilliance literary collective: The indigenous brilliance literary collective is a collaborative group of Indigenous writers and artists dedicated to expressing and preserving Indigenous narratives, cultures, and experiences through literature. This collective serves as a platform for showcasing the rich diversity of Indigenous voices, fostering a sense of community, and advocating for cultural rights in the face of historical marginalization and ongoing challenges.
Indigenous identity: Indigenous identity refers to the sense of belonging and connection that individuals or groups have to their Indigenous heritage, culture, and ancestral lands. It encompasses shared histories, languages, traditions, and worldviews that are unique to Indigenous peoples. This identity is often shaped by the impacts of colonialism, as well as the ongoing struggle for cultural rights and self-determination, influencing how Indigenous art is created, perceived, and valued within broader societal contexts.
Intellectual property rights: Intellectual property rights (IPR) are legal protections granted to creators and inventors for their original works, including art, music, literature, and inventions. These rights aim to safeguard the interests of creators by preventing unauthorized use or reproduction of their work, which is particularly important in contexts where cultural heritage and traditional knowledge are at stake. IPR plays a crucial role in promoting respect for cultural expression, fostering creativity, and ensuring that Indigenous artists and communities retain control over their cultural assets.
Land back movement: The land back movement advocates for the return of Indigenous lands to their original stewards, aiming to rectify historical injustices and promote sovereignty. It is deeply intertwined with cultural rights and the recognition of Indigenous peoples' relationship with their ancestral territories. The movement not only seeks to reclaim physical land but also emphasizes the restoration of cultural identity and ecological stewardship, which is essential for the survival and flourishing of Indigenous cultures.
NAGPRA: NAGPRA, or the Native American Graves Protection and Repatriation Act, is a United States federal law enacted in 1990 that provides a process for museums and federal agencies to return Native American cultural items, including human remains, funerary objects, sacred objects, and objects of cultural patrimony, to their respective tribes. This legislation emphasizes the importance of cultural rights for Indigenous peoples and recognizes their connection to ancestral lands and items. By establishing protocols for repatriation, NAGPRA aims to empower Native American tribes in reclaiming their heritage.
National Native American Veterans Memorial: The National Native American Veterans Memorial is a monument located in Washington, D.C., dedicated to honoring the service and sacrifices of Native American veterans throughout U.S. history. This memorial seeks to recognize the unique contributions of Indigenous peoples in military service, highlighting their enduring legacy and connection to cultural identity while also serving as a platform for broader discussions about Indigenous rights and recognition.
Norval Morrisseau's Woodlands Style: Norval Morrisseau's Woodlands Style is a unique and vibrant form of Indigenous art that emerged in the 1960s, characterized by bold colors, dynamic forms, and spiritual themes drawn from Anishinaabe mythology and traditions. This style serves as a means for Indigenous artists to assert their cultural identity and fight for cultural rights, making it a vital expression of resilience and resistance against colonial narratives.
Rematriate artist collective: A rematriate artist collective is a group of Indigenous artists who come together to reclaim, revitalize, and promote Indigenous cultural practices and knowledge, often in response to historical colonization and cultural appropriation. This collective focuses on the healing and empowerment of Indigenous communities through art, emphasizing the importance of returning cultural assets to their rightful context and promoting self-determination in the creative process.
Residential Schools: Residential schools were government-sponsored religious schools established in the 19th and 20th centuries in Canada and the United States to assimilate Indigenous children into Euro-American culture. These institutions aimed to erase Indigenous languages, cultures, and identities, causing long-lasting harm to Indigenous communities and their artistic expressions.
Rita wong: Rita Wong is a celebrated Indigenous artist, poet, and educator known for her work that intricately weaves together themes of environmentalism, social justice, and Indigenous identity. Her art often reflects the cultural rights and historical narratives of Indigenous peoples, emphasizing the importance of reclaiming cultural practices and fostering community engagement through creative expression. Wong’s contributions highlight the necessity of incorporating Indigenous perspectives in educational settings to promote understanding and respect for diverse cultures.
Sand painting: Sand painting is a traditional art form used by various Indigenous cultures, particularly in the Southwest United States, where colored sands are arranged into intricate designs on the ground or on a surface. This practice is often associated with healing rituals, storytelling, and the representation of spiritual beliefs, connecting deeply with the natural world and cultural identity.
Santa Fe Indian Market: The Santa Fe Indian Market is an annual event held in Santa Fe, New Mexico, celebrating Native American art and culture. It serves as a vital platform for Indigenous artists to showcase their work and engage with collectors, while also emphasizing the importance of cultural rights and community resilience.
Steven Paul Judd's Hopi Princess Leia: Steven Paul Judd's Hopi Princess Leia is a contemporary art piece that merges the iconic character of Princess Leia from the Star Wars franchise with elements of Hopi culture and aesthetics. This artwork challenges stereotypes and represents Indigenous identity, showcasing how popular culture can be intertwined with traditional heritage to promote cultural rights and visibility.
Tanya Tagaq's Inuit Throat Singing: Tanya Tagaq's Inuit throat singing is a contemporary expression of traditional Inuit vocal techniques, characterized by deep, rhythmic sounds produced by the throat, often accompanied by mimicking the sounds of nature and storytelling. Tagaq reinterprets this ancient art form, blending it with modern musical styles, which not only preserves its cultural significance but also advocates for Indigenous rights and cultural recognition in a global context.
Totem poles: Totem poles are monumental sculptures created by Indigenous peoples of the Pacific Northwest Coast, carved from large tree trunks, often depicting animals, mythical beings, and ancestral figures. These poles serve various purposes, including storytelling, commemorating important events, and representing family lineage, and they reflect the deep connection between art and cultural identity in Indigenous communities.
Traditional indigenous art: Traditional indigenous art refers to the artistic expressions and cultural practices that originate from Indigenous peoples, reflecting their unique histories, beliefs, and social structures. This art form encompasses a wide variety of mediums, including painting, sculpture, weaving, and beadwork, often integrating themes of nature, spirituality, and ancestral heritage. As Indigenous artists create and preserve these artworks, they play a crucial role in advocating for cultural rights and asserting their identity in contemporary society.
UN Declaration on the Rights of Indigenous Peoples: The UN Declaration on the Rights of Indigenous Peoples is a comprehensive international instrument adopted by the United Nations General Assembly in 2007, aimed at protecting the rights and cultures of Indigenous peoples globally. It sets out the individual and collective rights of Indigenous peoples, including their rights to self-determination, cultural preservation, and land management. This declaration serves as a vital framework in discussions around cultural rights, ethical practices in art markets, and support for Indigenous artists and their communities.
UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage: The UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage is an international treaty adopted in 2003 aimed at protecting and promoting intangible cultural heritage such as traditions, performing arts, rituals, and knowledge systems. This convention emphasizes the importance of cultural diversity and the need to respect and safeguard the cultural expressions of communities, particularly those that are vulnerable or at risk, including Indigenous peoples. It acknowledges that intangible heritage plays a crucial role in fostering identity and continuity within cultures.
Woodland Cultural Centre: The Woodland Cultural Centre is an Indigenous cultural institution located in Brantford, Ontario, dedicated to the preservation and promotion of Indigenous history, art, and culture. This center serves as a vital space for educational programming, exhibitions, and cultural events, connecting Indigenous communities and the broader public to the rich heritage and contemporary practices of Indigenous peoples.