Why is the term “Native American Flute maker” and “Native American Flute player” so important?
That is a difficult question to answer if a person doesn’t understand the importance of our “Cultural Identity” as Lakota. Simply put, our Cultural Identity is our Entirety as a People. Through the Renewal of our Identity, that amalgamation of identities we would understand as the Tetuwan Oyate, we will begin to undo the many injuries done to us.
There is no other way to shake off the myriad Symptoms of Oppression, other than through the Renewal that lies within Lakol Wicohan Ki. Although millions are offered for scholarships into the foreign “education” system of the Occupier, there is seldom anything ever done to protect our Knowing. There is seldom anything ever done to really address the Renewal of our Language, and our Ways. The 2007 United Nations Declaration on the Rights of Indigenous Peoples addresses this issue in Article 14: “1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. 2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination. 3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.”
In the story of the death of Iya, we see that the Flute, the Rattle, and the Drum were used to defeat and destroy Iya as he threatened to devour the Tetuwan Oyate. This story exemplifies the need to Renew our “Intellectual Property Rights” as a Nation. The 2007 United Nations Declaration on the Rights of Indigenous Peoples addresses this issue in Article 31: “1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. 2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.”
Unfortunately, the United States is one of only four Nations to oppose the United Nations Declaration on the Rights of Indigenous Peoples. Nevertheless, it is clear that the 1990 Indian Arts and Crafts Act does begin address the Cultural Intellectual Property Right issue, but is currently delimited to cover only “Arts and Crafts”. The 1990 IACA says in part: “Sec. 1159. Misrepresentation of Indian produced goods and products
`(a) It is unlawful to offer or display for sale or sell any good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States.
`(b) Whoever knowingly violates subsection (a) shall–
`(1) in the case of a first violation, if an individual, be fined not more than $250,000 or imprisoned not more than five years, or both, and, if a person other than an individual, be fined not more than $1,000,000; and
`(2) in the case of subsequent violations, if an individual, be fined not more than $1,000,000 or imprisoned not more than fifteen years, or both, and, if a person other than an individual, be fined not more than $5,000,000.”
Our Identity is at stake, and what is occurring is a case of Identity Theft upon our People, and upon Peoples of over 500 separate and distinct Nations, here on Turtle Island. We can do something by raising awareness and by explaining our Right to Exist as a People. We can begin by raising our Voices and Living the Renewal that is Lakol Wicohan Ki, in ways both great and small.
There is more information easily obtainable about Intellectual Property Rights and the connection to the United Nations Declaration on the Rights of Indigenous Peoples at this Wikepedia page:
http://en.wikipedia.org/wiki/Indigenous_intellectual_property
“Indigenous intellectual property is an umbrella legal term used in national and international forums to identify indigenous peoples’ special rights to claim (from within their own laws) all that their indigenous groups know now, have known, or will know. [1] It is a concept that has developed out of a predominantly western legal tradition, and has most recently been promoted by the World Intellectual Property Organisation, as part of a more general United Nations push [2] to see the diverse wealth of this world’s indigenous, intangible cultural heritage better valued and better protected against probable, ongoing misappropriation and misuse. [3]”
Here is the Wikepedia of the United Nations Declaration on the Rights of Indigenous Peoples: http://en.wikipedia.org/wiki/Declaration_on_the_Rights_of_Indigenous_Peoples
And the United Nations Declaration on the Rights of Indigenous Peoples itself: http://www.un.org/esa/socdev/unpfii/en/drip.html
We need to know these things.
Hecetuwelo,
Wanbli WiWohpe
Elk Dreamer
01/04/10 Podcast [27:26m]: 
