Cultural protocols

Protocols are appropriate ways of using Indigenous cultural material, and interacting with our people and our communities. Protocols encourage ethical conduct and promote interaction based on good faith and mutual respect [1].

BlakDance has an important role to play in safeguarding, maintaining and preserving Indigenous Cultural and Intellectual Property in accordance with the Australia Council for the Arts Protocols for Working with Indigenous Artists resources. The protocols advocate ethical principles that set standards for recognising Indigenous ownership of Indigenous cultural expression as stated in the Declaration on the Rights of Indigenous Peoples. It is a condition for receiving a grant from the Council that recipients follow these protocols [2].

Indigenous Cultural and Intellectual Property (ICIP)

Our country, resources and our knowledges form major parts of our identities and culture. Traditional cultural expressions and traditional knowledges comprise of both tangible and intangible aspects of a whole body of cultural practices, knowledge systems and resources.3 These ways of practising culture are passed on as a living expression of our identity and heritage. Our cultural and intellectual property includes:

  • Literary, performance and artistic works: music, dance, songs, ceremonies, symbols and designs, narratives and poetry

  • Documentation of Indigenous peoples heritage in all forms of media: reports, papers, books, films, sound recording

  • Scientific agricultural, technological and ecological knowledges: cultigens (artificially cultivated species), medicines, sustainable use of flora and fauna

  • Spiritual knowledges

  • Movable cultural property including burial artefacts and belongings

  • Immovable cultural property including sites of significance: sacred sites, burial grounds, birthing grounds

  • Indigenous ancestral remains

  • Cultural environment resources: minerals and species[4]

The Declaration on the Rights of Indigenous Peoples promotes our rights to maintain, control, protect and develop our cultural heritage, traditional knowledge, sciences and technologies. This includes:

  • resources like human materials or seeds and medicines

  • knowledge of plants and animals, oral traditions, literatures, designs, traditional sports, and visual and performing arts

  • sacred sites and cultural artefacts [5].

Our communities have collective ways to govern the uses of cultural expressions and traditional knowledges often through the role of custodians and caretakers [6]. Consent to use knowledges and cultural expressions must be sought through decision making processes that may vary from group to group [7].

Our Role

BlakDance strives to ensure that cultural expression and innovation in new contemporary works are observing protocols around protecting Indigenous Cultural and Intellectual Property.

BlakDance standards are based on the principles outlined by Terri Janke in Indigenous Cultural Protocols and the Arts in all the work that we do. The principles include:

  1. Respect

  2. Indigenous Control

  3. Communication, Consultation and Consent

  4. Interpretation, integrity and authenticity

  5. Secrecy and confidentiality

  6. Attribution and copyright

  7. Proper returns and royalties

  8. Continuing cultures

  9. Recognition and protection

BlakDance can also play a part in connecting the right people for Country who have the authority to speak for Country and its related cultural practices.

BlakDance Cultural Protocols Commitment

To safeguard, maintain, innovate and preserve Indigenous Cultural and Intellectual Property, BlakDance will implement a protocols commitment for independent artists, organisations and groups that we collaborate with. This will be agreed to by all parties involved at the commencement of projects. Agreements will include a commitment to:

  1. Respect, observe and engage in relevant cultural protocols

  2. Honour and respect our Elders, their history and stories

  3. Uphold Indigenous cultural authority and self-determination

  4. Show respect for country [8] and cultures where I am working/visiting including laws, protocols and people

  5. Strive to create and maintain a harmonious and culturally safe workplace

  6. Uphold our rights in the Declaration on the Rights of Indigenous Peoples.

BlakDance will integrate the Cultural Protocols Commitment through all stages of project delivery from conception of the project to the presentation of the work. This is reflected in our agreements created by Terri Janke. Collaborators and partners will be asked to provide updates on Cultural Protocols with any standard project updates for example development showings, risk assessment frameworks, evaluation reports and feedback processes.

BlakDance Cultural Protocols Evaluation

BlakDance acknowledges that cultural protocols are part of a wider organisational and industry conversation. We will need to adapt our working procedures, and evaluate our collaborators artistic and creative development methodologies to ensure the Cultural Protocols Commitment is implemented. BlakDance will include measures to capture respect of and responses to our Cultural Protocols Commitment in our project evaluation processes to inform our policies and procedures. We will ensure our organisation sets high standards to protect future cultural expressions and traditional knowledges.

Further Resources

BlakDance encourages all artists and partners to read the following resources.

BlakDance Cultural Competency Partnership Framework

Over the coming 4 years we will be partnering with 34 Queensland and national organisations. To ensure the cultural safety and competency of our sector, BlakDance requires all partners to undertake a cultural competency self assessment.

In developing this process, BlakDance has piloted a Cultural Competency Self Assessment Framework with Metro Arts, ADC, Dancehouse, Critical Path and Lucy Guerin Inc. The process identifies cultural competency levels and implements a plan for achievement, which can be nominated to be implemented by the partner organisation through a week-long workshop provided by BlakDance fee for service model.

What is Cultural Competency?

There are organisational and individual aspects to cultural competency. At the individual level, developing cultural competence requires acknowledgment of a person’s own cultural assumptions, values and beliefs. It involves understanding that culture shapes our worldview, and that individuals view the world differently based on our cultural background and related experiences.

Cultural competence at the organisational level involves developing systems, policies and processes that ensure cultural safety. Developing cultural competence is a process of improving skills, knowledge, policies, strategies and governance. Developing cultural competence requires a commitment to ongoing learning, reflection and action.

Areas of Cultural Competency

BlakDance recognises that culture is evolving, as are organisations. An organisations journey of cultural competency is unique to that organisation and a one-size-fits-all approach will not work. Therefore, BlakDance has developed nine Areas of Cultural Competency that provide a framework for discussion about expectations and cultural safety of artists, arts workers and communities. They form the basis for reaching agreement about how we are going to work together.

About the self-assessment tool

The self-assessment tool is for use by non-Indigenous organisations or groups seeking to enter into a partnership/agreement/MOU/ with BlakDance. The tool will:

  • Help your organisation to review its systems and processes against the Areas of Cultural Competency

  • Help your organisation to understand where it could increase its cultural competency

  • Help BlakDance to understand your readiness to partner

  • Inform the development of a contract or MOU

This self-assessment tool does not:

  • Cover competency in cultures other than Australian First Nations

  • Imply competency beyond that required for a partnership with BlakDance

  • Prescribe how your organisation must deliver projects/initiatives

How will your self-assessment impact BlakDance’s decision to partner?

Our intention is to not overload our organisations with bureaucracy and an unnecessary workload. Nor do we want to shut-down the conversation or be too prescriptive. Therefore, BlakDance will consider your competency depending on the type and scale of partnership our organisations are contemplating entering into. These considerations include:

  • Budget level

  • Potential risk

  • Duration

  • Complexity

Importantly, there is no expectation that your organisation needs to be competent in each of these Cultural Competency Areas in order to partner BlakDance. Essentially, we a seeking to understand your organisations commitment to, and visibility of, a foundation principle of self-determination.

How to use the self-assessment tool

It is recommended that the assessment is completed by a person or people in an organisational leadership role and/or a cultural advisory role. When you’re assessing your organisations competency, please consider the knowledge, skills and systems that result in consistent organisational behaviours.

Your organisations cultural competency journey will be individually specific. Some organisations will start with behaviours or actions that become normalised across their organisation; others will start with a documented policy that outlines the organisations intent; whilst others may have a blended starting point. The assessment tool recognises these differences and provides a framework for your organisation to consider.

The table below outlines the nine Areas of Cultural Competency. Against each area, please yes or no (Y/N) as to whether you have:

  • Policy – A documented policy, procedure or plan that upholds the competency within your organisation. It is assumed that if a policy exists, then it is consistently implemented across your organisation

  • Behaviour – Behaviours or actions that are consistently undertaken by the organisation, but are not necessarily documented in a policy or similar document

  • Commenced some activity – Some work or activity around cultural competency has commenced. For example, cultural awareness training, the commencement of a cultural framework, beginnings of a RAP

  • Future Intention – An intention to take some action that would achieve an outcome/s in line with the Indicator. This might include an existing policy or intention that is not consistently implemented across your organisation.

[1] Australia Council for the Arts, Protocols for producing Indigenous Australian Performing Arts (2007), p 5.

[2] Terri Janke, Indigenous Cultural Protocols and the Arts (2016), p 5.

[3] Terri Janke, True Tracks: Indigenous Cultural and Intellectual Property Principles for Putting Self-Determination into Practice (2019), p 125.

[4] Terri Janke, True Tracks: Indigenous Cultural and Intellectual Property Principles for Putting Self-Determination into Practice (2019), p 126.

[5] United Nations Declaration on the Rights of Indigenous Peoples, Article 31.

[6] Terri Janke, True Tracks: Indigenous Cultural and Intellectual Property Principles for Putting Self-Determination into Practice (2019),p 127.

[7] Terri Janke, True Tracks: Indigenous Cultural and Intellectual Property Principles for Putting Self-Determination into Practice (2019), p 126.

[8] Country refers to First Nation peoples connection to country as a group (such as language group, Aboriginal nation or community).