CULTURAL
APPROPRIATION
Cultural Heritage
• isthe legacy of attributes of a group or society that are
inherited from past generations, maintained in the present
and bestowed for the benefit of future generations.
• Defined as property that is passed from generation to
generation, protected as cultural property
• Cultural property may be natural or man- made, tangible or
intangible
• Natural cultural heritage/property may be natural provided
there is interaction with man
Cultural Appropriation
The unacknowledged or inappropriate adoption of the customs,
practices, ideas, etc. Of one people or society by members of
another and typically more dominant people or society.
Adoption or use of the elements of one culture by members of
another culture.
Often framed as cultural misappropriation, is sometimes
portrayed as harmful, although it's often harmless, and is claimed
to be a violation of the collective intellectual property rights of the
originating culture.
Often unavoidable when multiple cultures come together,
cultural appropriation can include using other cultures' traditions,
food, fashion, symbols, technology, language, and cultural songs
without permission. Often, the original meaning of these cultural
elements is lost or distorted, and such displays are often viewed
as disrespectful by members of the originating culture, or even as
a form of desecration. .
Other Definitions
The act of taking or using things from a culture that is not
your own especially without showing that you understand
or respect this culture (Cambridge)
Taking intellectual property, traditional knowledge, cultural
expressions, or artifacts from someone else's culture
without permission. This can include unauthorized use of
another culture's dance, dress, music, language, folklore,
cuisine, traditional medicine, religious symbols, etc.
(Scafidi, 2017)
The illegal, unfair, or unjust usage or taking of something
that belongs to someone else. So, when someone is
accused of cultural appropriation, they are accused of
taking or using elements of a culture to which they do not
belong.(Cole 2017)
THE 1987 CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES
Arts and Culture
Section 14. The State shall foster the preservation, enrichment,
and dynamic evolution of a Filipino national culture based on the
principle of unity in diversity in a climate of free artistic and
intellectual expression.
Section 16. All the country's artistic and historic wealth constitutes
the cultural treasure of the nation and shall be under the
protection of the State which may regulate its disposition.
Section 18. (1) The State shall ensure equal access to cultural
opportunities through the educational system, public or private
cultural entities, scholarships, grants and other incentives, and
community cultural centers, and other public venues.
(2) The State shall encourage and support researches and studies
on the arts and culture.
Laws that Protect Arts And Culture
Enabling Laws
• The 1987 Philippine
Constitution provides
under Article XIV
Section 15 that “Arts
and letters shall enjoy
the patronage of the
State. The State shall
conserve, promote, and
popularize the nation’s
historical heritage and
resources as well as
artistic creations.”
The National Commission for
Culture and the Arts (Ra 7356)
•Culture as a Human
Right
•Culture as a reflection
of national identity
•Culture is for the
people
The National Commission
For Culture and The Arts
Administers the heritage act
Supervises all cultural agencies, including the
National Museum
Is mandated to protect, conserve and
popularize cultural heritage
Quasi-judicial agency
In charge of repatriation of cultural property
IPRA (INDIGENOUS
PEOPLES RIGHTS ACT)
Section 17 of the Constitution states
that the State shall recognize, respect,
and protect the rights of indigenous
cultural communities to preserve and
develop their cultures, traditions, and
institutions. It shall consider these
rights in the formulation of national
plans and policies.
Thrust:
• Certification of Ancestral Domain
Tenancy and
• The Preservation of Indigenous
Knowledge Systems and
Practices FPIC – A.O. 1&
THE CULTURAL HERITAGE ACT
• 2009
• Codified practices in conservation
• Allocated jurisdictions and
instituted legal remedies
and quasi-judicial processes
to prevent destruction of
heritage (cease&desist order)
• Unintentionally created the
practice of heritage law
REPUBLIC ACT 10066.
CULTURAL HERITAGE ACT OF 2009
•An Act providing for the protection and
conservation of the National Cultural Heritage -
its property and histories and the
ethnicity of local communities
•Strengthening the NCCA and Other Cultural
Agencies and other purposes
•Protect Cultural Workers and Ensure their
Professional Well Being
Important Provisions
• Article 3, Section 5: “For purposes of
protecting a cultural property against
exportation, modification or demolition, the
following shall be considered Important
Cultural Property, unless declared otherwise by
the pertinent cultural agency.
• Cultural property would include works such as
“those by Manlilikha ng Bayan and National Artists,
archeological and traditional ethnographic
materials; those by heroes; marked structures
and structures dating at least 50 years old; and
archival material/documents at least 50 years old.”
• Mandate to the NCCA, DTI and DOT, involved
directly or indirectly . .
