The use of indigenous knowledge (IK) and indigenous bio-resources by pharmaceutical and herbal industries has led to concerns about the need to protect IK in order to prevent biopiracy and the misappropriation of indigenous knowledge and resources. While some commentators believe that intellectual property rights (IPR) law can effectively protect IK, others are more sceptical. In order to contribute to the growing debate on this issue, this study uses the relatively new and as yet largely critically unanalysed Masakhane Pelargonium case to address the question of whether or not IPR law can be used to effectively protect IK. It is argued here that discussion about the protection of IK is a matter that must be located within broader discussions about North-South relations and the continued struggle for economic and political freedom by indigenous people and their states. The Masakhane case suggests that IPR law in its current form cannot provide sufficient protection of IK on its own. Incompatibilities between IPR law and IK necessitate that certain factors, most important of which are land, organised representation, and what are referred as 'confidence and network resources', be present in order for IPR law to be used with any degree of success. The study also reveals various factors that undermine the possibility of using IPR law to protect IK. In particular, the study highlights the way in which local political tensions can undermine the ability of communities to effectively use IPR law to protect their knowledge. The thesis concludes with several recommendations that will enable indigenous communities and their states to benefit more substantially from the commercialisation of their bio-resources and associated IK.

Iraq is a country of great cultural significance as it is where civilization first began. As a result of its lengthy occupation, it is virtually one large archaeological site. In spite of numerous warnings to the governments of both the United States and the United Kingdom, no efforts were made to protect the Iraqi National Museum in Baghdad when the American-led coalition unlawfully invaded Iraq. Indeed, orders were given not to interfere with the looting. During the occupation that followed, the United States failed to take steps to protect Iraqi cultural property. In terms of international law, it was obliged to protect Iraq’s cultural property. The United States also chose to exacerbate its unlawful conduct by occupying archaeological sites and damaging them further by illegal construction. As a result many significant sites have been irreparably damaged or destroyed. Their conduct was the result of complete indifference to the Iraqi cultural heritage. Although their actions render them iin breach of international law, it is unlikely that the United States will ever be prosecuted for its actions. / Biblical and Ancient Studies / M.A. (Ancient Near Eastern Studies)

This dissertation focuses on utopian versus dystopian perceptions of rural indigenous African societies with regard to the modern metropolis. Since the evolution of the modern metropolis, rural African societies have undergone significant and complex cultural changes that have dislodged rural cultures from being perceived in terms of the traditional notion of fixity. This has lead to the modern city being seen as either utopian or dystopian by rural African societies. The dissertation questions the “utopianess” of the modern metropolis with a special focus on its central idea of “progress”. Special attention is given to artists who explore this cultural phenomenon in the utopian–dystopian paradigm. The dissertation goes further to address the cultural impact of recent technological developments on rural and urban societies, the researcher’s perceptions of this impact and how this has contributed to the dynamics that characterise the cultures of contemporary rural and urban migrants / Art History, Visual Arts and Musicology / M.A. (Visual Arts)

O legado das construções clássicas e históricas no Brasil tem sido alvo de demolição, abandono e imperícia. A cidade de Curitiba não foge do contexto, com o intuito de entender a realidade, esta pesquisa tem como objetivo apresentar os principais conceitos e práticas sustentáveis da atualidade, identificando de que maneira e em quais áreas da restauração e conservação da herança cultural podem ser aplicados além de mostrar casos na cidade. Para atender tal objetivo, foram delineados objetivos específicos, como: a sistematização dos conceitos de sustentabilidade e de restauração no contexto atual; analisar diferentes formas de aplicação da tecnologia sustentável na prática de revitalização do patrimônio histórico; entender as principais áreas de interesse nos edifícios a serem preservados; avaliar os elementos arquitetônicos fundamentais para entender a ação sustentável no patrimônio histórico e analisar os parâmetros fundamentais de sustentabilidade em três obras restauradas em Curitiba que são: as Ferragens Hauer, a Vila Sophia e o Hospital Psiquiátrico Nossa Senhora da Luz. Essa pesquisa se justifica, pela necessidade de entender como acontece a relação das políticas, técnicas e ações sustentáveis com a preservação do patrimônio, buscando compreender como isso se reflete no contexto brasileiro. A metodologia utilizada foi exploratória e descritiva. Para analisar as obras de Curitiba utilizou-se a metodologia de Cornejos (2011) que propõe diretrizes para integrar conceitos de sustentabilidade na reutilização adaptativa de edifícios históricos, preservando a dotação cultural da edificação. Os parâmetros analisados envolveram: categoria útil que analisa os aspectos materiais da obra; localização, que analisa os aspectos econômicos; a adaptação vai analisar o aspecto funcional; eficiência energética, que abrange o aspecto tecnológico; senso de lugar, que analisa o aspecto social; padrão de qualidade que se refere ao aspecto legal e o contexto que envolve o aspecto político. Conclui-se que o Brasil precisa de uma aplicação definitiva nas áreas de educação, comunicação, promoção e divulgação do contexto cultural dos seus bens patrimoniais. Para as futuras gerações é importante entender que os conceitos e o desenvolvimento das ideias sustentáveis devem passar obrigatoriamente pela ação direta na restauração do patrimônio cultural. As obras analisadas de Curitiba mostram que a cidade está dando os primeiros passos em direção à preservação e restauro de obras arquitetônicas, revelando a preocupação em deixar uma herança de respeito e valorização a essas construções para as futuras gerações. / The legacy of classical and historical constructions in Brazil has been the target of vandalism, graffiti and total destruction. The city of Curitiba does not escape the rule and, for that reason, the interest for this research appeared, which aims to present the main sustainable concepts and practices of the present, identifying in which way, in what areas of the restoration and conservation of the Cultural heritage, in order to discuss examples in Curitiba. To meet this objective, specific objectives were outlined, such as: the systematization of sustainability and restoration concepts in the current context; Analyze different forms of application of sustainable technology in the practice of revitalizing historical heritage; Understand the main areas of interest in buildings to be preserved; To evaluate the fundamental architectural elements to understand the sustainable action in the historical patrimony and to analyze the fundamental parameters of sustainability in three restored works in Curitiba: Hauer Ferragens, Vila Sophia and Nossa Senhora da Luz Psychiatric Hospital. Justifies, because nowadays, the need to understand how the relation of sustainable policies, techniques and actions with the preservation of the patrimony, seeking to understand how this is reflected in the Brazilian context, becomes clearer day by day. The methodology used was exploratory and descriptive. In order to analyze the works of Curitiba, the methodology of Cornejos (2011) was used to propose guidelines for integrating sustainability concepts into the adaptive reuse of historic buildings, preserving the cultural endowment of the building. The analyzed parameters involved: useful category that analyzes the material aspects of the work; Location, which analyzes the economic aspects; The adaptation will analyze the functional aspect; Energy efficiency, which covers the technological aspect; Sense of place, which analyzes the social aspect; Quality standard that refers to the legal aspect and the context that involves the political aspect. It is concluded that Brazil needs a definitive application in the areas of education, communication, promotion and dissemination of the cultural context of its patrimonial assets. For future generations it is important to understand that the concepts and development of sustainable ideas must pass through direct action in the restoration of cultural heritage. The analyzed works of Curitiba show that the city is taking the first steps towards the preservation and restoration of architectural works, revealing the concern to leave an inheritance of respect to these constructions for future generations.

O legado das construções clássicas e históricas no Brasil tem sido alvo de demolição, abandono e imperícia. A cidade de Curitiba não foge do contexto, com o intuito de entender a realidade, esta pesquisa tem como objetivo apresentar os principais conceitos e práticas sustentáveis da atualidade, identificando de que maneira e em quais áreas da restauração e conservação da herança cultural podem ser aplicados além de mostrar casos na cidade. Para atender tal objetivo, foram delineados objetivos específicos, como: a sistematização dos conceitos de sustentabilidade e de restauração no contexto atual; analisar diferentes formas de aplicação da tecnologia sustentável na prática de revitalização do patrimônio histórico; entender as principais áreas de interesse nos edifícios a serem preservados; avaliar os elementos arquitetônicos fundamentais para entender a ação sustentável no patrimônio histórico e analisar os parâmetros fundamentais de sustentabilidade em três obras restauradas em Curitiba que são: as Ferragens Hauer, a Vila Sophia e o Hospital Psiquiátrico Nossa Senhora da Luz. Essa pesquisa se justifica, pela necessidade de entender como acontece a relação das políticas, técnicas e ações sustentáveis com a preservação do patrimônio, buscando compreender como isso se reflete no contexto brasileiro. A metodologia utilizada foi exploratória e descritiva. Para analisar as obras de Curitiba utilizou-se a metodologia de Cornejos (2011) que propõe diretrizes para integrar conceitos de sustentabilidade na reutilização adaptativa de edifícios históricos, preservando a dotação cultural da edificação. Os parâmetros analisados envolveram: categoria útil que analisa os aspectos materiais da obra; localização, que analisa os aspectos econômicos; a adaptação vai analisar o aspecto funcional; eficiência energética, que abrange o aspecto tecnológico; senso de lugar, que analisa o aspecto social; padrão de qualidade que se refere ao aspecto legal e o contexto que envolve o aspecto político. Conclui-se que o Brasil precisa de uma aplicação definitiva nas áreas de educação, comunicação, promoção e divulgação do contexto cultural dos seus bens patrimoniais. Para as futuras gerações é importante entender que os conceitos e o desenvolvimento das ideias sustentáveis devem passar obrigatoriamente pela ação direta na restauração do patrimônio cultural. As obras analisadas de Curitiba mostram que a cidade está dando os primeiros passos em direção à preservação e restauro de obras arquitetônicas, revelando a preocupação em deixar uma herança de respeito e valorização a essas construções para as futuras gerações. / The legacy of classical and historical constructions in Brazil has been the target of vandalism, graffiti and total destruction. The city of Curitiba does not escape the rule and, for that reason, the interest for this research appeared, which aims to present the main sustainable concepts and practices of the present, identifying in which way, in what areas of the restoration and conservation of the Cultural heritage, in order to discuss examples in Curitiba. To meet this objective, specific objectives were outlined, such as: the systematization of sustainability and restoration concepts in the current context; Analyze different forms of application of sustainable technology in the practice of revitalizing historical heritage; Understand the main areas of interest in buildings to be preserved; To evaluate the fundamental architectural elements to understand the sustainable action in the historical patrimony and to analyze the fundamental parameters of sustainability in three restored works in Curitiba: Hauer Ferragens, Vila Sophia and Nossa Senhora da Luz Psychiatric Hospital. Justifies, because nowadays, the need to understand how the relation of sustainable policies, techniques and actions with the preservation of the patrimony, seeking to understand how this is reflected in the Brazilian context, becomes clearer day by day. The methodology used was exploratory and descriptive. In order to analyze the works of Curitiba, the methodology of Cornejos (2011) was used to propose guidelines for integrating sustainability concepts into the adaptive reuse of historic buildings, preserving the cultural endowment of the building. The analyzed parameters involved: useful category that analyzes the material aspects of the work; Location, which analyzes the economic aspects; The adaptation will analyze the functional aspect; Energy efficiency, which covers the technological aspect; Sense of place, which analyzes the social aspect; Quality standard that refers to the legal aspect and the context that involves the political aspect. It is concluded that Brazil needs a definitive application in the areas of education, communication, promotion and dissemination of the cultural context of its patrimonial assets. For future generations it is important to understand that the concepts and development of sustainable ideas must pass through direct action in the restoration of cultural heritage. The analyzed works of Curitiba show that the city is taking the first steps towards the preservation and restoration of architectural works, revealing the concern to leave an inheritance of respect to these constructions for future generations.

The development of graffiti into an accepted art form, street art, is a cause of concern for South African property owners. The current position in South African property law regarding the original acquisition of ownership suggests that the creation of street art on movable property belonging to another could result in the transfer of ownership. Ownership of the movable may transfer via accessio to the street artist provided that the artwork changes the nature of the movable. This would occur even if the street artist does not act in good faith because bona fides is not a requirement for the original acquisition of ownership via accessio. This anomaly requires that the South African law on accession in the case of pictura be developed such that good faith be a requirement for the transfer of ownership in this format. With the development and growing popularity of the art form the likelihood of this legal anomaly is becoming a greater possibility. Indeed, the popularity of British street artist, Banksy, has provided numerous examples of contested ownership, albeit within English law. Banksy artworks are collectable and financially valuable. Consequently, not only are they desirable but many of his street artworks are considered to be examples of British cultural heritage and as such may be worthy of protection and preservation. These cases highlight the growing need in South Africa to clearly identify who South African street artworks belong to and, to identify any South African street art that warrants cultural heritage protection. The legislation regarding the protection of South African cultural heritage resources has not yet been extended to any street artworks. Yet there are examples of street art in South Africa that meet the requirements for cultural heritage status or which have the characteristics of cultural heritage resources. The extension of cultural heritage resource status to South African street artworks that are culturally significant could assist in the protection and preservation of these resources. However, the effectiveness of the cultural heritage legislation, in particular the National Heritage Resources Act 25 of 1999, is limited. There are several problematic aspects in this Act. This is of great concern as the issues effect all South Africa’s cultural heritage resources (not just street art which may qualify for such status). However, these issues could be responded to through amendments to the legislation. Significantly, the National Heritage Resources Act seeks to deprive private owners of their property as it seeks to regulate what owners can do with cultural heritage property which they own. However, as it stands there are far too many challengeable issues in this legislation to justifiably deprive this property in terms of s25 of the Constitution of the Republic of South Africa, 1996. This renders significant portions of the National Heritage Resources Act inoperable. Consequently, the amendment of this legislation is necessary to ensure the purpose of the legislation i.e. to ensure the protection and preservation of the South Africa’s cultural heritage resources through the deprivation of property rights or indeed, if necessary, through the expropriation of property. / College of Law / LL. D.

This research explored, described and explained the nature and the extent of heritage crime as it manifested in the Gauteng Province of South Africa for the period 2006-2010. Gauteng was selected since it is deemed to be the hub of the legal trade. An operational definition of heritage objects was drafted for this study as ‘objects of artistic, cultural, historic or archaeological value regardless of age, housed in or curated by museums or galleries within Gauteng, and which are both tangible and moveable.’ Heritage crime for the purpose of this study was the illegal removal of any heritage object from a museum or gallery. The annual crime statistics released by the South African Police Services (SAPS) contain no reference to heritage crime of any sort. Therefore this research attempted to quantify the incidents of thefts experienced by museums and galleries in Gauteng for the period 2006-2010. Using a mixed method approach, data were gathered by qualitative and quantitative surveys. A total of 28 qualitative interviews were conducted. These data were integrated with the quantitative data which permitted the achievement of the strategic aims set out for this research. The following aims were achieved: • The roles and responsibilities of the custodians of the national estate were clarified; • International conventions designed to assist in combating crime perpetrated against cultural property were discussed; • The national legislation which guides the management, preservation and protection of heritage objects as well as the trade therein within South Africa was examined; • Policing agencies at the forefront of combating heritage crime were interviewed and international best practices were identified and compared with that which the SAPS are doing to address crime of this nature. These police agencies are situated in Italy, the United Kingdom, the USA and Germany; • The dynamics of the reported incidents of loss/theft were examined. Several anomalies were identified. Among these are the identification of the typologies of items being targeted and the possible identification of the type of thief perpetrating these crimes. • Through analysis of incidents it was also possible to highlight that the majority of thefts occur during the time when museums and galleries are open and that the items stolen are usually on open display (not affixed to the surface and not behind a barrier of any sort). Through the analysis of the data for legal trade and the theft incidents it was possible to design a Framework depicting the interface between the legal and illegal markets for trade in heritage objects. The research also provides law enforcement with minimum guidelines to ensure that crimes of this nature are addressed more effectively. / D.Litt. et Phil. / Department of Criminology (Police Science)

The archaeology of the region, referred to in scholarly lexicon as the Ancient Near East, is richly endowed with artefacts and monumental architecture of ancient cultures. Such artefacts, as a non-renewable resource are, therefore considered to be a scarce commodity. So also is the context and the provenance of these objects. Once an object’s provenance has been disturbed, it is of no further significant use for academic research, except for aesthetic value. Historically, as well as in the present, we see that humans have exploited this resource for various reasons, with very little regard given to provenance. The impact of forgery, illicit trade and looting are the greatest threat to the value of provenance. Contrary to some arguments, collectors, curators, buyers, looters and certain scholars play a significant role in its destruction. This research reveals to what extent unknown provenance has become a disturbing problem in the study of archaeological artefacts. / Biblical and Ancient Studies / M.Th. (Biblical Archaeology)

This research explored, described and explained the nature and the extent of heritage crime as it manifested in the Gauteng Province of South Africa for the period 2006-2010. Gauteng was selected since it is deemed to be the hub of the legal trade. An operational definition of heritage objects was drafted for this study as ‘objects of artistic, cultural, historic or archaeological value regardless of age, housed in or curated by museums or galleries within Gauteng, and which are both tangible and moveable.’ Heritage crime for the purpose of this study was the illegal removal of any heritage object from a museum or gallery. The annual crime statistics released by the South African Police Services (SAPS) contain no reference to heritage crime of any sort. Therefore this research attempted to quantify the incidents of thefts experienced by museums and galleries in Gauteng for the period 2006-2010. Using a mixed method approach, data were gathered by qualitative and quantitative surveys. A total of 28 qualitative interviews were conducted. These data were integrated with the quantitative data which permitted the achievement of the strategic aims set out for this research. The following aims were achieved: • The roles and responsibilities of the custodians of the national estate were clarified; • International conventions designed to assist in combating crime perpetrated against cultural property were discussed; • The national legislation which guides the management, preservation and protection of heritage objects as well as the trade therein within South Africa was examined; • Policing agencies at the forefront of combating heritage crime were interviewed and international best practices were identified and compared with that which the SAPS are doing to address crime of this nature. These police agencies are situated in Italy, the United Kingdom, the USA and Germany; • The dynamics of the reported incidents of loss/theft were examined. Several anomalies were identified. Among these are the identification of the typologies of items being targeted and the possible identification of the type of thief perpetrating these crimes. • Through analysis of incidents it was also possible to highlight that the majority of thefts occur during the time when museums and galleries are open and that the items stolen are usually on open display (not affixed to the surface and not behind a barrier of any sort). Through the analysis of the data for legal trade and the theft incidents it was possible to design a Framework depicting the interface between the legal and illegal markets for trade in heritage objects. The research also provides law enforcement with minimum guidelines to ensure that crimes of this nature are addressed more effectively. / D.Litt. et Phil. (Police Science) / Department of Criminology (Police Science)

Indiana University-Purdue University Indianapolis (IUPUI) / Derived from the field of art curation, digital provenance is an unforgeable record of a digital object's chain of successive custody and sequence of operations performed on the object. It plays an important role in accessing the trustworthiness of the object, verifying its reliability and conducting audit trails of its lineage. Digital provenance forms an immutable directed acyclic graph (DAG) structure. Since history of an object cannot be changed, once a provenance chain has been created it must be protected in order to guarantee its reliability. Provenance can face attacks against the integrity of records and the confidentiality of user information, making security an important trait required for digital provenance. The digital object and its associated provenance can have different security requirements, and this makes the security of provenance different from that of traditional data. Research on digital provenance has primarily focused on provenance generation, storage and management frameworks in different fields. Security of digital provenance has also gained attention in recent years, particularly as more and more data is migrated in cloud environments which are distributed and are not under the complete control of data owners. However, there still lacks a viable secure digital provenance scheme which can provide comprehensive security for digital provenance, particularly for generic and dynamic ones. In this work, we address two important aspects of secure digital provenance that have not been investigated thoroughly in existing works: 1) capturing the DAG structure of provenance and 2) supporting dynamic information sharing. We propose a scheme that uses signature-based mutual agreements between successive users to clearly delineate the transition of responsibility of the digital object as it is passed along the chain of users. In addition to preserving the properties of confidentiality, immutability and availability for a digital provenance chain, it supports the representation of DAG structures of provenance. Our scheme supports dynamic information sharing scenarios where the sequence of users who have custody of the document is not predetermined. Security analysis and empirical results indicate that our scheme improves the security of the typical secure provenance schemes with comparable performance.