Cultural Exploitation: A Problem-solution on the Ethics of Worldwide Cultural Misappropriation

A representation of a community’s tangible and intangible traditions and customs mold its own culture. Although some cultures share a few similarities, it is unique among various communities. It plays a significant role in the identity of each community - representing not just the cultural practices but also the people belonging to the group. Culture is a continuous phenomenon where it extends from the way of living of the ancient people up to the present generation. As new era evolves, one’s culture grows vastly due to modernization. This has caused the society to evolve in different ways - endlessly seeking and adopting things. Hence, this is when the ‘borrowing’ of cultures began to exist.

The Problems of Cultural Misappropriation

Misappropriation of culture, imposing threat on the authenticity of cultural conventions and identity of countries, is adversely influenced by the world’s modernization. Borrowing of cultures doesn’t seem to be problematic at first because it was merely done to fill the void created by modernization. However, it could be a huge dilemma when parasitism - “misappropriation, misuse, and theft” - of cultures occur causing one culture to be dominant while leaving the other culture marginalized. The common feature of this act is considering the culture of a community as part of the culture of another community. Ignorance of cultures happens in this situation because cultures are being adapted by the dominant group without being knowledgeable of its historical meaning. Unfortunately, this results in the dilution of cultural context behind these borrowed cultures. Moreover, the profound offense of cultural misappropriation happens when the minority culture is being disgraced by the dominant culture which was coined by Dreasher (2019) as “power imbalance.”

Misappropriation as Theft & Discrimination

Acknowledgement is very significant whenever something is borrowed. It is a way of recognizing the main inspiration for adopting or imitating something. However, cultural misappropriation, though associated with cultural borrowing, is not similar for misappropriation entails theft and discrimination. Whenever a culture is misappropriated, it is not borrowed rather it is abducted by the dominant group from the minority group. They claim these cultures to be originated from them. Moreover, for other groups not to notice the misappropriation, the stolen culture is modified in such a way that it is offensive for the minority group. The historical background of the culture is completely distorted and satirized. Hence, racism and discrimination often occur due to the ignorance of cultures.

According to Nicholas and Simon Fraser University (2019), misuse of cultures happens when the context of the culture has been adapted in an inappropriate manner. The misrepresentation is not overtly expressed in the use of the culture. It may seem that the dominant group is just imitating the culture but there are subliminal meanings which are harmful and offensive for the minority group. It must be understood that cultures are highly exclusive to a particular group. It shows their way of living, traditions, customs, and a lot more about their identity. That is why when misappropriation happens; it could resort to discrimination towards their identity. For example, racial stereotyping was observed when Katy Perry was dressed as a geisha in one of her performances. It may appear as cultural borrowing where her intention was to pay tribute to the Japanese culture, but the song she used implied a hidden meaning on her imitation as geisha. Sexual discrimination was implied on her performance which was the common stereotype for Asian women. Hence, cultural misappropriation is objectionable when it violates cultural norms.

Misappropriation in Objects & Media

Cultural misappropriation is vast and occurs in all aspects – tangible & intangible objects and even media. The mere fact that culture is very diverse; there are also various methods on how it could be misappropriated. First, cultures are evident in tangible and intangible objects. According to Young (2005), misappropriations of tangible and intangible objects are called object and subject appropriation, respectively. Subject appropriation happens when cultures such as traditions, customs, beliefs, way of living, etc. are used. These are usually portrayed in subjects or roles of literary stories, short films, portraits, and other similar art works. Sometimes, imitations of these subjects are modified with the context of the piece. When the representation is inappropriate to the original culture, it is subjective to misappropriation. In contrast, object appropriation focuses on the tangible objects, including fashion, architecture, food, and the like, being adapted by other cultures.

Misappropriation from Commercialization

Commercialization, as a result of the modernization of the world, is one of the things that the world can’t live without. From simple barters to money transactions, the commercial world has now evolved. The market offers a wide variety of products especially indigenous ones, which has been a way of preserving their cultural heritage. These cultural heritages are very diverse which embodies the cultural identity of a particular group. These are expressed in their own products and local goods. However, it has been a huge problem when counterfeiting of products happened. The expressions of cultures have been faked and reproduced to other countries which dissolve its cultural context. Due to commercialization it allows countries to experience various cultures without understanding its sanctity.

Cultural meanings are often expressed in symbols or tangible things because it is the most convenient method to represent something. Unfortunately, when these things are used inappropriately, the cultural expression is diluted. It distorts the essence and identity of the culture . Commercializing cultural products makes it susceptible to cultural misappropriation. Various groups could imitate and fake their products which lose the authenticity of the original culture, thus losing its deeper meaning. Just like the controversial issue with Gucci for using turbans as accessories for its fashion show which was believed to be a sign of dishonour to the religious culture of the Sikhs. Hence, the famous clothing line was bashed for being culturally insensitive. Religious or sacred cultures are very crucial to be borrowed because once it loses it religious context, it would be a form of insult to their faith. And cultural misappropriation of symbols has been very prevalent in the fashion industry. It is inevitable for designers to adapt certain cultures as part of their couture. They use these as inspirations to make something unique out of it. However, too much creativity in modifying these cultures in their pieces decontextualizes the culture itself.

In 2011, Urban Outfitters released their apparel, Navajo, including Navajo-themed items such as underwear, flasks, and jewelries. It received too much criticism because these items used tribal prints which are exclusive to the Navajo tribe. In addition, there were also accusations of theft for the clothing line. Inspiration is totally different from plagiarism. Fashion designers must observe cultural sensitivity when adapting cultures in their own artworks, and acknowledging their inspirations too. The aesthetic features must not just be considered in adapting cultures but also its historical meaning. It could be something unique and creative for designers but very unsuitable to the specific community. Furthermore, this act of cultural misappropriation is an extreme threat to the authenticity of artistic control and livelihood. Indigenous people who create local products will be neglected because commercialization allowed huge companies create such products from traditional cultural expressions. Instead of appreciating traditional and authentic culture, people tend to appropriate imitated and misappropriated cultures.

The Solutions to Cultural Misappropriation

The dilemma of cultural misappropriation is unobjectionable and inevitable. People might unconsciously observe this, but the extent of its offensiveness greatly affects people from other cultures. Moreover, it does not solely affect an individual person from a specific culture, but it affects the entire community because culture represents the whole identity of the group. If people are not aware of this misappropriation, then cultures would be susceptible to the dissolution of its cultural contexts and would not be appreciated because it loses its intrinsic value. Hence, the phenomenon of cultural misappropriation, being controversial amongst cultures across the world, must be dissolved through deeper cultural appreciation & understanding, and national initiatives.

Implementation of National Laws

Ideally, cultures are handed from generation to generation. It consists of the ethical standards that people from a culture must look up to. A community must work together to protect their own identity – culture. Thus, implementation and development of national laws on different countries would emphasize cultural preservation and conservation. The government, having the authority, must take initiatives that will aid in maintaining traditional and cultural values. Since laws set the societal norms and standards, then people are most likely to adhere to these rules with the fear of consequences. The extent of these acts must cover the breaches of cultural misappropriation. Some laws that must be implemented or developed by national governments are the Cultural Heritage Law, Copyright & Trademark Law, and the Sui Generis system.

In general, Cultural Heritage Law safeguards the historical value tangible and intangible cultures from different kinds of cultural trafficking. With the aid of United Nations Educational, Scientific and Cultural Organization, also known as UNESCO, cultural problems are easily addressed to the protection of cultural heritages. One example of a country that implemented this law is Malaysia in 2005. Its National Heritage Act is supported by UNESCO shelters both tangible and intangible cultures of the country. Countries like Malaysia have abundant cultures which are susceptible to commercialization. This puts the culture to a high risk while also affecting the community from cultural and economic problem. Without this act, the whole country, especially the indigenous people, would suffer from globalization while leaving their cultures under great threat. In addition, Copyright & Trademark Laws must also be implemented and developed for the preservation of cultures. Ismail & Azmi (2015) added that such regulations will illicit the exploitation of cultures. This will protect the rights of the original owners of the culture. Hence, it will be easier to control misappropriation of cultures. Lastly, Sui Generis system is very significant in the protection of traditional cultural expressions (TCEs). According to Bizer et al. (n.d.), TCEs are at high risk of being commercialized because it remains to be exposed to the public. Cultural Heritage Laws and Copyright Laws are not enough to protect these TCEs for they do not cover the braches of cultural misappropriation, that’s why the Sui Generis system is necessary. They also added that this system is an extension of the standard intellectual property rights that aims to protect the TCEs. The common feature of these laws fit on the cultural norms of each country. These aim to safeguard culture, as a whole, to prevent cultural misappropriation to happen.

BIBLIOGRAPHY

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