PhD Confirmation

SAFEGUARDING TRADITIONAL KNOWLEDGE (TK) IN HEALTH AND WELLBEING IN SRI LANKA AS INTANGIBLE CULTURAL HERITAGE

Nirekha De Silva, PhD Candidate,

Griffith Law School, Griffith University

1 November 2013

Contents1. Introduction2. Objectives3. Research Questions4. Where the Questions came from?5. Why the Research Questions are important?6. How the Research Questions are Addressed?7. Table of Contents8. Outputs 9. Time Frame

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Forceps with long handle

Scalpel with wooden handle

Scissors with thick metal handle

Health & Wellbeing: The Scope of the Study

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Health and Wellbeing

Healing

Traditional

Indigenous

Rituals

Traditional

Indigenous

Forecasting

Traditional Healing Ayurveda Siddha Unani Homeopathy Acupuncture Vedic Alchemy Spiritual Healing

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8

Vedic Alchemy of Rasa (‘රර’) Medical System

Indigenous Healing

Physicians (Sarvanga)

Orthopedics (Kadum Bidum)

Eyes Accu Pressure (Nila)

Cancer (Pilika)

Paralysis (Ansha Baga)

Poison (Visa)

Endocrine Therapy Behavioral Therapy

Telepathic Healing Neuro-Psycho Immunity

(Natural Therapy) Headache (Iru Rudawa)

Indigenous Healing of Vaddha Community

Diabetes (Diya Wadiya) Cholesterol Pressure

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Keraminiya Sarwanga (Physicians)

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Kadum Bidum (Orthopedics) 11/41

Indigenous Healing of the Vaddha Community

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Traditional Rituals Meditation

Pirith

Yoga

Perehera

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Indigenous Rituals

Bodhi Pooja Protection from Evil Eyes and Evil Mouth (Ass Vaha Kata Vaha Mathirima)

Vows Shanthi Karma Charms and Amulets

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Indigenous Rituals

Tovil

Hethme Ritual

Kem Krama

Sound Therapy (Seth Kavi, Beating of Drums)

Exorcism

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Video : Exorcism

Spirit healer in action, Tissawewa, AnuradhapuraFilmed by Nirekha, July 2013

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• Astrology• Power of Spirits

• Palm Reading• Pancha Bello

Nimithi• Biological Indicators

Forecasting

2. ObjectivesIdentify current situation of TK in health (mental and physical) and wellbeing.

Analyze the applicability and impact of prevailing international and national instruments in protecting TK in health and wellbeing in Sri Lanka.

Examine the role and the impact of Government institutions and NGOs actions related to safeguarding TK.

Identify effective ways of safeguarding TK in health and wellbeing as ICH in Sri Lanka.

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3. Research Questionsi. What is the Current Situation of TK

in Health and Wellbeing?

ii.What is the Role of Int’l and National Instruments in Protecting TK in Health and Wellbeing?

iii.How Can We Protect TK in Health and Wellbeing?

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3. Research Questionsi. What is the Current Situation of TK

in Health and Wellbeing? The main types of TK and TK Holders related to health and wellbeing in Sri Lanka

The role of TK in healing and wellbeing in the country;

How TK shared, transmitted inter-generationally? What bodies of TK is facing the threat of extinction and what are the main underlying reasons?

Which TK are hegemonic knowledge? In what ways are TK and based products being used commercially?

Whether it is currently being accessed by third parties?

What are the main TK-related concerns and objectives expressed by different groups of stakeholders?

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3. Research Questionsii.What is the Role of Int’l and National Instruments in Protecting TK in Health and Wellbeing?

Why should we legally protect TK? What are the applicable International laws? What are the measures taken in applying the laws in protecting TK in health and wellbeing in Sri Lanka?

What role do customary laws play with regard to traditional knowledge and how effective is it?

How might Sri Lanka overcome the limitation with national sui generis systems to protect traditional knowledge.

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3. Research Questionsiii.How Can We Protect TK in Health and

Wellbeing? Sri Lanka should use intellectual property tools, which is largely a

western form of protection, to advance the development strategy?

Who are the main stakeholders? What are Government, NGO and Individual initiatives? How proactive are the national and local governments in

preserving TK related to health and wellbeing? To what extent is there debate in the country? How do interested stakeholders currently network? What efforts have been made to document traditional

knowledge? What is the effectiveness of existing systems of protection? What are the interactions between traditional practitioners &

modern scientists?

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Threat of extinction of TK due to colonization, globalization and homogenization

The very process of legitimizing Western knowledge in South Asia has resulted in de-legitimizing the rich heritage of traditional knowledge.

Loss of TK due to colonial policies of administration

4. Where the Questions Came from?

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To improve the lives of TK holders and communities who depend on TK for their livelihoods, health and wellbeing.

To increase performance by enabling greater commercial use

To increase exports of TK-related products

To ensure cultural diversity and wellbeing of communities

4. Where the Questions Came from?

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How Could TK be Safeguarded?

Identification Documentation Research Preservation Protection Promotion Enhancement Transmission Revitalization

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Role of International bodies in safeguarding traditional knowledge

• International Labour Organization (ILO)• United Nations Commission on Human Rights (UNCHR)

• UN Permanent Forum on Indigenous Issues

The Rights of the

Indigenous People

• Convention on Biological Diversity (CBD)• International Treaty on Plant and Genetic Resources on Food and Agriculture

Bio-Diversity

• Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) of the World Intellectual Property Organization (WIPO)

Intellectual Property

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Role of International bodies in safeguarding traditional knowledge

•United Nations Conference on Trade and Development (UNCTAD)•UN World Summit on Sustainable Development 2002

Trade and Development

•United Nations Economic Social Cultural Organization (UNESCO), Local and Indigenous Knowledge Systems (LINKS)

Resource Management and Development

•United Nations University (UNU), Institute of Advanced Studies, Traditional Knowledge Initiative

Research, Teaching, Policy

Development

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Government Indigenous Medical SystemMinistry of Indigenous Medicine

Department of AyurvedaNational Institute of Traditional MedicineBandaranaike Ayurveda Research Institute

Ayurveda Medical Council

Hospitals and Dispensaries

Herbal Gardens

Ayurveda Drug Corporation

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5. Why the Research Questions are Important?

The Questions try to address the prevailing issues in safeguarding traditional knowledge.

Country level Defining Traditional and Indigenous healing systems Recognizing diverse healing methods Regulation of healing methods Systematic researching, documenting and training on indigenous healing

Implementing proper assessing systems Accreditation of the indigenous healers Unearth any debates or disagreements about TK

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5. Why the Research Questions are Important?

International level most of the programmes developed by Western Policy Makers

little consultation with the traditional knowledge bearers and policy makers in the developing countries.

the views and issues of Sri Lankans are not adequately represented at international level and are not properly reflected in policy making.

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6. How the Research Questions are Addressed?

1. APPROACH2. METHODOLOGY3. DELIMITATIONS

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Approach

Post-Colonial TheoryTheoretical

Historical, Current National Laws and Policies, International laws

Legal

Int’l, Government, Non-Government, Private Companies,

IndividualInstitutio

nal

Griffith University EthicsApproval from Ministry of Indigenous

MedicineEthical

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Methodology - Research Tools

Literature Review - Neuman, W. L.(2000) Chapter 16: P. 440-480

Content Analysis - Neuman (2000) P. 292-294; Holsti, Ole R. (1968); Stone, Phillip et al. (1966)

Discourse Analysis - Cutting J. (2002)

Participant Observation - Lofland, John. (1974); Lofland, John and Lyn H. Lofland (1995); Neuman W. L. (2000): Ch 14; Smith, L. W. (1978)

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Methodology - Research Tools

Case Studies1. Government Indigenous Medical System, 2. Traditional and Indigenous Healing Practices

and Medicine3. Traditional and Indigenous Healing Rituals

and Mental Health Care Practices.

(Abramson, P. R. (1992), Smith, L. W. (1978), Stake, R. E. (1994))

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Methodology - Research Tools

Key Informant Interviews - Neuman (2000)

Semi- Structured Interviews – Babbie, E. R. (2010)

Dialogue over Research Findings (Workshop)

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Delimitations

Availability of Information Access Multiculturalism and Language Barriers

Consent and Information Sharing Not an Anthropological Study Not specifically an Intellectual Property thesis

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7. Draft Table of ContentsIntroduction

1. Framework & Methodology2. Traditional Notions of Health & Wellbeing 3. TK of Health & Wellbeing as Cultural Heritage: Post-

Colonial Interpretation4. The Impact of the Int’l Laws, Regulations, Policies

& Mechanisms in Protecting TK in Health & Wellbeing5. Does the Sri Lankan Government Framework Protect TK

in Health and Wellbeing Effectively? 6. Traditional Healing Practices: Struggle for Survival7. Vanishing Philosophy and Art of Mental Health CareConlusion: Issues in Safeguarding TK in Health and Wellbeing

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8. Outputs to DateInterviews - 93

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Draft Chapters – Introduction, 1, 2, 3, 4

Conference Presentations• Ananda Coomaraswamy Memorial Conference on Asian Art and Culture, University of Kelaniya (8-10 September 2012) on Revival of Oriental Traditional Knowledge in Arts and Crafts: Role of Ananda Coomaraswamy

• South Asian Association for Regional Corporation (SAARC) Regional Seminar on Traditional Knowledge and Traditional Cultural Expressions of South Asia, Sigiriya (29-30 April 2013) on Sri Lanka's Traditional Knowledge and Traditional Cultural Expressions of Health and Wellbeing: History, Present Status and the Need for Safeguarding

• Early Candidature Milestone (February 2013) Griffith University

PublicationsSri Lanka's Traditional Knowledge and Traditional Cultural Expressions of Health and Wellbeing: History, Present Status and the Need for Safeguarding . SAARC Monograph on Traditional Knowledge and Traditional Cultural Expressions of South Asia. SAARC Cultural Centre

Expected Outputs Publish six papers in International Journals -

Traditional Notions of Health and Wellbeing Traditional Knowledge of Health and Wellbeing as Cultural

Heritage: Post-Colonial Interpretation The Impact of the International Laws, Regulations,

Policies and Mechanisms in Protecting Traditional Knowledge in Health and Wellbeing

Does the Sri Lankan Government Framework Protect Traditional Knowledge in Health and Wellbeing Effectively? Analysis of the Role and the Impact of the National Laws and Structure in Place

Traditional Healing Practices: Struggle for Survival Vanishing Philosophy and Art of Mental Health Care

Present at two International Conferences Publish a book on ‘Healers and Healing’ (International

Publisher)

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Activity Time Frame (Months)  1-6 7-12 13-

1819-24 25-30 31-

36Developing the Research Design X          

Literature Review , Content Analysis, Discourse Analysis

X X X X X  

Developing Tools- Interview/ Case Study/ Focus Group Discussions/ Survey

X          

Fieldwork in Sri Lanka(Interviews, Case Studies)

  X X      

Confirmation of the PhD     X      

Fieldwork in Sri Lanka (Workshop)

        X  

Analyzing the Findings 

      X X X

Writing the Thesis 

  X  X  X  X X

9. Time Frame

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Special Thanks to My Supervisors

Dr. Sinharaja Tammita-DelgodaExternal SupervisorHistorian & Art Historian. Authority on the History, Culture, Traditions of Sri Lanka

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Prof. Fiona Kumari Campbell Principal SupervisorAssociate Professor in Law, Griffith Law School, Griffith University, Queensland, Australia.

Dr. Jay SandersonAssociate SupervisorLecturer, Griffith Law School, Griffith University, Queensland, Australia