Cultural practice

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Cultural practice is the manifestation of a culture or sub-culture, especially in regard to the traditional and customary practices of a particular ethnic or other cultural groups.

Contents

The term is gaining in importance due to the increased controversy over "rights of cultural practice", which are protected in many jurisdictions for indigenous peoples [1] and sometimes ethnic minorities. It is also a major component of the field of cultural studies, and is a primary focus of international works such as the United Nations declaration of the rights of indigenous Peoples. [2]

Cultural practice is also a subject of discussion in questions of cultural survival. [3] If an ethnic group retains its formal ethnic identity but loses its core cultural practices or the knowledge, resources, or ability to continue them, questions arise as to whether the culture is able to actually survive at all. International bodies such as the United Nations Permanent Forum on Indigenous Issues continually work on these issues, which are increasingly at the forefront of globalization questions. [4]

Examples

Qualifications

The real question of what qualifies as a legitimate cultural practice is the subject of much legal and ethnic community debate. The question arises in controversial subject areas such as genital mutilation, indigenous hunting [5] and gathering practices, [6] and the question of licensing of traditional medical practitioners. [7] [8] [9]

Many traditional cultures acknowledge members outside of their ethnicity as cultural practitioners, but only under special circumstances. Generally, the knowledge or title must be passed in a traditional way, such as family knowledge shared through adoption, or through a master of that practice choosing a particular student who shows qualities desired for that practice, and teaching that student in a hands-on manner, in which they are able to absorb the core values and belief systems of the culture. The degree to which these non-ethnic practitioners are able to exercise "customary and traditional" rights, and the degree to which their practice is acknowledged as valid, is often a subject of considerable debate among indigenous and other ethnic communities, [10] and sometimes with the legal systems under which these communities function. The difference between bona fide non-native cultural practitioners and cultural piracy, or cultural appropriation, [11] is a major issue within the study of globalization [12] and modernization. [13]

Evolution of culture

The evolution of traditional cultures is a subject of much discussion in legal, scholarly, and community forums. [14] It is generally accepted that all cultures are to some degree in a continual state of sociocultural evolution. However, major questions surround the legitimacy of newly evolved cultural expressions, especially when these are influenced by modernization or by the influence of other cultures.

Also, there is significant debate surrounding the source of evolution: for example, an indigenous community may accept the use of store-bought materials in the creation of traditional arts, but may reject requirements to apply for a permit for certain gathering purposes; the central difference being that one is an internal cultural evolution, while the other is externally driven[ citation needed ] by the society or legal body that surrounds the culture.

Related Research Articles

<span class="mw-page-title-main">Indigenous peoples</span> Peoples who identify as Indigenous and have a special attachment to their traditional territory

There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territory, and an experience of subjugation and discrimination under a dominant cultural model.

A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".

Medical anthropology studies "human health and disease, health care systems, and biocultural adaptation". It views humans from multidimensional and ecological perspectives. It is one of the most highly developed areas of anthropology and applied anthropology, and is a subfield of social and cultural anthropology that examines the ways in which culture and society are organized around or influenced by issues of health, health care and related issues.

Interculturalism is a political movement that supports cross-cultural dialogue and challenging self-segregation tendencies within cultures. Interculturalism involves moving beyond mere passive acceptance of multiple cultures existing in a society and instead promotes dialogue and interaction between cultures. Interculturalism is often used to describe the set of relations between indigenous and western ideals, grounded in values of mutual respect.

<span class="mw-page-title-main">Ethnobiology</span> Study of how living things are used by human cultures

Ethnobiology is the scientific study of the way living things are treated or used by different human cultures. It studies the dynamic relationships between people, biota, and environments, from the distant past to the immediate present.

Traditional knowledge (TK), indigenous knowledge (IK), folk knowledge, and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities.

Ethnoecology is the scientific study of how different groups of people living in different locations understand the ecosystems around them, and their relationships with surrounding environments.

Plastic shamans, or plastic medicine people, is a pejorative colloquialism applied to individuals who attempt to pass themselves off as shamans, holy people, or other traditional spiritual leaders, but who have no genuine connection to the traditions or cultures they claim to represent. In some cases, the "plastic shaman" may have some genuine cultural connection, but is seen to be exploiting that knowledge for ego, power, or money.

Indigenous decolonization describes ongoing theoretical and political processes whose goal is to contest and reframe narratives about indigenous community histories and the effects of colonial expansion, cultural assimilation, exploitative Western research, and often though not inherent, genocide. Indigenous people engaged in decolonization work adopt a critical stance towards western-centric research practices and discourse and seek to reposition knowledge within Indigenous cultural practices.

Africa's fifty-six sovereign states range widely in their history and structure, and their laws are variously defined by customary law, religious law, common law, Western civil law, other legal traditions, and combinations thereof.

<span class="mw-page-title-main">Declaration on the Rights of Indigenous Peoples</span> Declaration adopted in 2007 by the United Nations General Assembly

The Declaration on the Rights of Indigenous Peoples is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of indigenous peoples, including their ownership rights to cultural and ceremonial expression, identity, language, employment, health, education, and other issues. Their ownership also extends to the protection of their intellectual and cultural property. The declaration "emphasizes the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations." It "prohibits discrimination against indigenous peoples," and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".

<span class="mw-page-title-main">Indigenous intellectual property</span> Collective legal protections for cultural heritage

Indigenous intellectual property is a term used in national and international forums to describe intellectual property held to be collectively owned by various Indigenous peoples, and by extension, their legal rights to protect specific such property. This property includes cultural knowledge of their groups and many aspects of their cultural heritage and knowledge, including that held in oral history. In Australia, the term Indigenous cultural and intellectual property, abbreviated as ICIP, is commonly used.

Indigenous Australian customary law refers to the legal systems and practices uniquely belonging to Indigenous Australians of Australia, that is, Aboriginal and Torres Strait Islander people.

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Weechi-it-te-win Family Services is a family services agency focused on the needs of Anishinaabe families in ten communities in the southern part of the traditional territory of the Anishinaabe Nation in Treaty #3 in Canada. It provides bicultural aboriginal and mainstream child protection and prevention services based upon cultural competence. Weechi-it-te-win "is an example of First Nations communities reclaiming jurisdiction for their children and safeguarding a cultural heritage shaken by the impacts of colonization, the legacy of the residential schools and intervention by the mainstream child welfare system." Weechi-te-win is a national child protection agency of the Anishinaabe Nation in Treaty #3. The defining difference between Weechi-it-te-win and mainstream services is its focus on customary care. Its website says: "Weechi-it-te-win was founded as an Indian Alternative and we continue to envision the revitalizing of an Anishinaabe child care system that is rooted in the customs, traditions and values of the Anishinaabe people."

<span class="mw-page-title-main">Indigenous archaeology</span> Sub-discipline of western archaeological theory

Indigenous archaeology is a sub-discipline of Western archaeological theory that seeks to engage and empower indigenous people in the preservation of their heritage and to correct perceived inequalities in modern archaeology. It also attempts to incorporate non-material elements of cultures, like oral traditions, into the wider historical narrative. This methodology came out of the global anti-colonial movements of the 1970s and 1980s led by aboriginal and indigenous people in settler-colonial nations, like the United States, Canada, and Australia. Major issues the sub-discipline attempts to address include the repatriation of indigenous remains to their respective peoples, the perceived biases that western archaeology's imperialistic roots have imparted into its modern practices, and the stewardship and preservation of indigenous people's cultures and heritage sites. This has encouraged the development of more collaborative relationships between archaeologists and indigenous people and has increased the involvement of indigenous people in archaeology and its related policies.

South African customary law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa. Customary law has been defined as

an established system of immemorial rules evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases, which were retained in the memories of the chief and his councilors, their sons and their sons' sons until forgotten, or until they became part of the immemorial rules.

Ancestral domain or ancestral lands are the lands, territories and resources of indigenous peoples, particularly in the Asia-Pacific region. The term differs from indigenous land rights, Aboriginal title or Native Title by directly indicating relationship to land based on ancestry, while domain indicates relationships beyond material lands and territories, including spiritual and cultural aspects that may not be acknowledged in land titles and legal doctrine about trading ownership.

Indigenous feminism is an intersectional theory and practice of feminism that focuses on decolonization, Indigenous sovereignty, and human rights for Indigenous women and their families. The focus is to empower Indigenous women in the context of Indigenous cultural values and priorities, rather than mainstream, white, patriarchal ones. In this cultural perspective, it can be compared to womanism in the African-American communities.

Climate change disproportionately impacts indigenous peoples around the world when compared to non-indigenous peoples. These impacts are particularly felt in relation to health, environments, and communities. Some Indigenous scholars of climate change argue that these disproportionately felt impacts are linked to ongoing forms of colonialism. Indigenous peoples found throughout the world have strategies and traditional knowledge to adapt to climate change, through their understanding and preservation of their environment. These knowledge systems can be beneficial for their own community's adaptation to climate change as expressions of self-determination as well as to non-Indigenous communities.

References

  1. ↑ "Cultural Practices in Conflict with Canadian Law". nizkor.org. Archived from the original on 2007-06-12. Retrieved 2007-09-08.
  2. ↑ "United Nations Declaration on the Rights of Indigenous Peoples" (PDF). Archived from the original (PDF) on 2007-10-11.
  3. ↑ "oneFish Community Knowledge Directory". www.onefish.org. 27 September 2011. Archived from the original on 2011-09-27.
  4. ↑ Robertson, Roland (1 January 2003). Roland Robertson; Kathleen E. White (eds.). Globalization: Culture and identity. Taylor & Francis. ISBN   9780415236911 – via Google Books.
  5. ↑ Canada, Global Affairs; Canada, Affaires mondiales (26 June 2013). "Global Affairs Canada". Archived from the original on 26 August 2018. Retrieved 10 December 2016.
  6. ↑ Orebech, Peter (1 January 2005). The Role of Customary Law in Sustainable Development. Cambridge University Press. ISBN   9780521859257 – via Google Books.
  7. ↑ Wang, Conrad (Fall 1996). "Traditional Chinese Medicine in Chinese-American Communities". www.camsociety.org. Archived from the original on 2000-10-21.
  8. ↑ Romero-Daza, Nancy (September 2002). "Traditional Medicine in Africa" (PDF). The Annals of the American Academy of Political and Social Science. 583 (1): 173–176. doi:10.1177/000271620258300111. S2CID   146286646.
  9. ↑ Dauskardt, Rolf P. A. (1990). "The changing geography of traditional medicine: Urban herbalism on the Witwatersrand, South Africa". GeoJournal. 22 (3): 275–283. doi:10.1007/BF00192826. S2CID   189890335.
  10. ↑ "Yahoo - 400 Bad Request". Archived from the original on 2020-05-11. Retrieved 2007-09-08.
  11. ↑ "Frequently Asked Questions". earthcall.org. Archived from the original on 2005-09-03.
  12. ↑ Koopman, Jerzy (2003). "Biotechnology, Patent Law and Piracy". Electronic Journal of Comparative Law. 7 (5).
  13. ↑ "indigenous cultures". Caslon Analytics. Archived from the original on 2014-02-13.
  14. ↑ "Earthdance: Chapter 20 - The Indigenous Way". Archived from the original on 2007-09-05. Retrieved 2007-09-08.
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