Protecting the Traditions of the Maroons and Rastafari: An Analysis of the Adequacy of the Intellectual Property Laws of Jamaica and Proposals for Reform

Abstract

The Maroon and Rastafari peoples, two communities with significant similarities and differences, are increasingly making demands for recognition of cultural and intellectual property rights from the Government of Jamaica (GOJ). In doing so, they seek to effectively manage and control the commercialisation and commodification of their respective cultures by members and non-members of their communities, both nationally and internationally. The GOJ and some citizens as well as non-Jamaicans view the respective cultural heritages of these communities as a part of the wider cultural diversity and heritage of Jamaica, to be controlled and managed by the GOJ. Part I of this Article attempts to define ‘indigenous people’. It asks in particular whether Maroons and Rastafari are indigenous peoples and/or entitled to the rights of indigenous people. Part II of the Article seeks to identify the traditional knowledge (TK) and traditional cultural expressions (TCEs) possessed by the Maroons and Rastafari and asks who owns them. Secondly, it asks whether and on what basis those resources need to be protected. Why is protection necessary and against what? Part III of the Article assesses whether TK and TCEs can be adequately protected by existing Jamaican intellectual property laws. It also examines whether the amendment of those laws and/or policies of the GOJ is necessary in order to achieve adequate protection of the cultural resources of the Maroons and Rastafari. The Article concludes with a look at ongoing deliberations within the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), and suggests international treaty provisions for the adequate protection of TK and TCEs.