This article explores some key considerations around determining who should have the right to control access to, and benefit from, traditional knowledge and intangible cultural heritage. It highlights the complexities involved in these considerations by examining in detail the different claims to control by different segments of the population in regard to two case studies: Samoan tattooing and the Vanuatu land dive. It uses insights from this analysis to problematize the assumptions about the use of concepts such as "community" in legislation designed to protection traditional knowledge and expressions of culture, and it also reflects on what effect such legislative developments may have on the cultural industries initiative and the implementation of the Convention on Intangible Cultural Heritage.
This article reviews and analyzes the growing bodies of literature on the regulation of sorcery and witchcraft beliefs and practices. The most visible problems relating to these beliefs and practices are the violent exorcisms, banishment, torture, and killing inflicted upon those accused of practicing sorcery and witchcraft in many parts of the global South. Sorcery and witchcraft are also (once again) becoming a challenge for countries in the global North, mainly within migrant communities in relation to children accused of witchcraft and exorcized and also in the context of claims to refugee status and freedom of religion. The article covers scholarly literature (legal, anthropological, economic, historical), law reform commission reports, nongovernmental organization (NGO) reports, and UN documents over the past 15 years concerning the regulation of the negative societal impacts of sorcery and witchcraft practices and beliefs. It concludes that there is a need for greater empirical study of the impacts of various regulatory initiatives adopted and promoted by national governments, NGOs, and international organizations.
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