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Human rights and ‘primitive’ culture: misrepresentations of indigenous life

Post modern thought has shattered our vision of ‘the other’. Remarkably this sentiment has had a strikingly limited impact within the human rights forum which still projects a ‘primitive’ traditional vision of indigenous life. Recent normative developments at WIPO have further added to this dilemma. Today, the indigenous rights movement is severely undermined by a series of cases that have seen judiciaries evoke a highly static and thus restrictive reading of tradition as the basis for a denial of rights. The essay focuses on the role of human rights law, concluding that, in its current format, it is actually flaming the situation.