Appropriation and restitution of Indigenous peoples’ intangible heritage

Legal expert Ayale Do Vale Vales argues: While Indigenous peoples have long mobilised against appropriation, sometimes succeeding in claims to have their appropriated heritage returned to them, discussions on restitution have largely focused on tangible heritage. By contrast, the restitution of intangible cultural heritage (ICH), despite its importance and vulnerability to misappropriation, remains underexplored.

The author addresses this gap by reappraising restitution and expanding its scope to encompass ICH.

Acknowledging the non-exclusionary and non-rivalrous nature of intangible heritage, she argues that restitution can operate through the return of control over appropriated heritage rather than its impossible physical return.

She conceptualises restitution of control across three interrelated dimensions:

  • participation in heritage decision-making
  • stewardship and assurance of respect
  • voice in shaping heritage narratives

 

She contends that restitution of control offers a viable and culturally appropriate form of redress for the harms of appropriation and a means of addressing the structural imbalances that enable it.

To consider restitution as a viable and culturally adequate remedy to the harms caused by the appropriation of Indigenous intangible cultural heritage, restitution must be reappraised taking into account the holistic and symbiotic nature of ICH in Indigenous peoples’ cultures and lives.