True Tracks: create a culture of innovation with Indigenous knowledge | Terri Janke | TEDxJCUCairns

Summary

This powerful transcript shares the journey of an Indigenous Australian lawyer who overcame adversity and discrimination to become an advocate for Indigenous rights. It highlights their work in protecting Indigenous intellectual property, especially in arts and culture, and the importance of ethical frameworks for collaborating with non-Indigenous entities. The speaker emphasizes how Indigenous knowledge, especially in areas like agriculture, medicine, and astronomy, can lead to breakthroughs and global advancements. The call to action is clear: engage with Indigenous communities fairly, protect their heritage, and unlock the potential of their deep cultural knowledge.

Takeaways

• 😀 The speaker is a proud descendant of the Maran and Wy peoples from Australia and grew up in Cairns on the land of the Yingji and Urangi peoples.
• 😀 The speaker faced early adversity, such as being treated as invisible and underestimated due to their indigenous background, and struggled with eczema as a child.
• 😀 Inspired by 'To Kill a Mockingbird' at age 14, the speaker became motivated to pursue a legal career, particularly focused on social justice and indigenous rights.
• 😀 The speaker briefly dropped out of law school but returned after being inspired by their work in the Aboriginal arts industry, particularly related to intellectual property law.
• 😀 The Marau case, which recognized indigenous people's connection to land and culture, deeply impacted the speaker and fueled their passion for law and indigenous rights.
• 😀 The speaker's Eureka moment at 23 empowered them to use personal challenges as motivation to push through and ultimately graduate from law school.
• 😀 In the 1990s, the speaker witnessed an explosion of indigenous arts and culture, but the rise of counterfeit art from overseas posed a significant challenge.
• 😀 Intellectual property law was used by indigenous artists to combat counterfeit products, with a landmark case that established the rights of indigenous people over their artworks.
• 😀 Despite legal advancements, not all aspects of indigenous culture (like songs or oral stories) are protected by intellectual property law, leaving gaps in protection.
• 😀 The speaker's law firm and efforts, such as workshops for indigenous artists, helped create frameworks for fair negotiation and protection of indigenous cultural expression.
• 😀 Indigenous knowledge, especially in areas like agriculture, medicine, and environmental management, is an invaluable resource that can benefit the global knowledge economy.
• 😀 The speaker advocates for greater recognition and collaboration with indigenous knowledge holders, aiming to address global issues like poverty, medical breakthroughs, and sustainable practices.

Q & A

What inspired the speaker to become a lawyer?

The speaker was inspired to become a lawyer after reading 'To Kill a Mockingbird' at the age of 14. The quote by Atticus Finch about walking in someone else's shoes resonated with the speaker, making them realize the power of law to address social injustice.

How did the speaker's early experiences as an Indigenous child shape their career path?

Growing up as an Indigenous child in the 1970s, the speaker faced discrimination, including being placed in a remedial class and facing low expectations. These experiences motivated the speaker to prove that Indigenous people could succeed, fueling their determination to pursue law despite the obstacles.

What was the significance of the Marau case for Indigenous rights?

The Marau case was a pivotal moment for Indigenous people, particularly in reaffirming their connection to land and culture. It overturned the 'terra nullius' doctrine, which previously claimed land belonged to no one, and helped make Indigenous stories and perspectives visible in legal discussions.

What challenge did the speaker face when they initially started law school?

While in law school, the speaker faced a moment of doubt when a judge mistakenly identified them as the defendant during a drug case, making the speaker question their place in the legal world. This experience, however, later became a source of motivation.

How did the speaker's interest in intellectual property law grow?

The speaker's interest in intellectual property law grew after working in the Aboriginal Arts industry, where they saw how Indigenous cultural expressions like art, music, and stories could be protected through intellectual property laws, benefiting Indigenous communities.

What impact did the case involving Aboriginal artists and carpet importers have?

The case, which involved Aboriginal artists preventing the sale of carpets with copied Indigenous art, set a major legal precedent by confirming that Indigenous people own the copyright to their artworks. It was a significant victory for the protection of Indigenous art against exploitation.

What was the main issue highlighted by the example of artist BB Barber?

The issue was the unauthorized use of Indigenous artworks, particularly BB Barber's works being copied and used without permission in a Polish hotel. The artist was upset because there was no effort made to contact her or seek permission for the use of her work, highlighting the broader problem of exploitation of Indigenous art.

What role do Indigenous cultural protocols play in protecting cultural heritage?

Indigenous cultural protocols are essential in ensuring that Indigenous cultural expressions are treated with respect. These protocols help guide fair negotiation between Indigenous artists and non-Indigenous collaborators, and they have been adopted in various sectors, including arts and film industries.

How does the speaker envision the future of Indigenous knowledge in the global economy?

The speaker envisions a future where Indigenous knowledge, especially in areas like agriculture, natural resource management, and medicine, can be harnessed to benefit both Indigenous communities and the global economy. They advocate for fair engagement and protection of this knowledge through intellectual property laws.

What specific examples of Indigenous knowledge are mentioned in the transcript?

Examples of Indigenous knowledge mentioned include the ability of Torres Strait Islanders to predict natural events, such as when turtles will lay their eggs, and their deep understanding of weather changes and seasons. The speaker also highlights traditional knowledge in medicine, such as the bark from the modul tree, which is more powerful than morphine.