Gunditjmara Traditional Owner customary rights and obligations

The Budj Bim Cultural Landscape is located within the traditional Country of Gunditjmara. As such, Gunditjmara have long-held rights, responsibilities and

obligations to care for Country based on continuing traditional and continuing Gunditjmara knowledge and practices.

Gunditjmara cultural traditions, knowledge and practices are evident in Gunditjmara aquaculture; as manifest in the changing practices of kooyang (eel) management, storage, harvesting and the associated manipulation, modification and management of water flows. Gunditjmara aquaculture knowledge and practices are also inclusive of sourcing grasses for the weaving of gnarraban (kooyang baskets), traditional representations of Gunditjmara aquaculture (for example, the complex designs produced on possum skin cloaks), adaptation of traditional catching techniques (for example, use of wire mesh baskets and wood crates for holding kooyang) and contemporary, creative artistic expressions of Gunditjmara aquaculture – evidenced in story-telling, dance, song, crafted objects and sculpture.

The assertion of Gunditjmara rights led to their recognition by Australia’s governments from the 1980s – the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 (Vic.) was the first legislation recognise Gunditjmara and their rights.

Gunditjmara rights are recognised under the Australian Government’s Native Title Act 1993 and the Victorian Government’s Aboriginal Heritage Act 2006. Traditional and customary rights and obligations are implemented through governance arrangements.

  • Ownership of the land is a key element to empower the exercise of customary and traditional rights and obligations.
  • Asserting Gunditjmara identity and rights was essential in the fight to have them recognized by government.
  • Within a Western colonial context, proving Gunditjmara rights and obligations to Country required engagement with research communities and technologies to ‘prove’ the existence and extend of ancestral knowledge and practices – and to have them recognized in Western terms.
Land ownership by the Gunditjmara Traditional Owners

Ownership is a key element for the effective protection and management of the Budj Bim Cultural Landscape. However, access to and ownership of the land was denied to Gunditjmara during great part of the 19th century when, after the arrival of British colonial invaders, Gunditjmara Country was occupied and access to the land became increasingly denied to Gunditjmara Traditional Owners until the 1980s. Nevertheless, and throughout the period of colonisation, the Gunditjmara retained connections to the aquaculture system through knowledge of the stories of Budj Bim and associated land-use practices.

From 1984, land was increasingly returned to and purchased by Gunditjmara Traditional Owners. In 2007, with the recognition of the native title rights of Gunditjmara, some parts of Country were returned to Gunditjmara. Today, Aboriginal organisations own and manage the World Heritage site of Budj Bim with the exception of Budj Bim National Park, which is co-operatively managed by the Gunditjmara Traditional Owners and the Victorian Government.

The ownership of the land enables Gunditjmara cultural traditions, knowledge and practices to be expressed in the present and into the future as a consequence of the recognition of both Gunditjmara custodial and native title rights and obligations.

This building block is enabled by the recognition of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 (Vic.) and the determinations of the native title of the Gunditjmara in 2007 under the Native Title Act 1993 (Cwlth) and further arrangements of joint-management with the Government of Victoria.

 

  • The return of Country and the renewal of Gunditjmara knowledge and practices - concerning aquaculture in particular - have been powerful actions that have enabled Gunditjmara to continue their sense of connection, spirit and feeling of the place. As a consequence, current generations are able to grow up on Gunditjmara-owned Country, which provides a powerful mechanism for intergenerational cultural strengthening.
  • Ownership of the land is a fundamental need for the management and conservation of Aboriginal and Indigenous land and landscapes and is essential to Gunditjmara wellbeing and cultural-thriving. The World Heritage property of Budj Bim is comprised of lands owned or jointly managed by the Gunditj-Mirring Traditional Owners Aboriginal Corporation and Winda-Mara Aboriginal Corporation. Therefore the site and its boundaries are assured of free, prior and informed consent by virtue of their ownership, management and control.
  • Gunditjmara land ownership has demonstrated to governments that the Gunditjmara have the ability to manage their Country; and has enabled Gunditjmara to increasingly engage with the broader community.
Gunditj Mirring Traditional Owners Aboriginal Corporation
Land ownership by the Gunditjmara Traditional Owners
Gunditjmara Traditional Owner customary rights and obligations
Application of Continuing traditional practices through customary and recorded knowledge
Budj Bim Ranger Program
Integrated and shared governance
Adaptive management framework
Synergetic protection under UNESCO’s Conventions: World Heritage and Intangible Cultural Heritage

The protection of the Kayas is directly dependent to the protection of both the natural and the cultural – both tangible and intangible – attributes/elements of the site and its traditional knowledge system and practices. This need for integrated protection is not only reflected at the local level though the recognition of custodianship, sacredness and the important bio-cultural role of the Kayas but it is also recognized and protected internationally through the inscription of the site on the list of the Convention Concerning the Protection of the World Cultural and Natural Heritage (inscribed as the Sacred Mijikenda Kaya Forests) and the inclusion of the Traditions and practices associated with the Kayas in the sacred forests of the Mijikenda in the list of elements in Need of Urgent Safeguarding of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage.

The double inscription offers an added international framework to tackle both the protection of the natural and cultural heritage as well as the Outstanding Universal Value of the Sacred Mijikenda Kaya Forests. Additionally, it supports efforts made in directly addressing the need to urgently and proactively engage with the safeguarding of traditions that are facing significant challenges and might one day disappear.

The inscription on the World Heritage List and on the Intangible Cultural Heritage Convention has been a collective effort by the State of Kenya, the National Museums of Kenya, the Kenyan National Commission for UNESCO and the Mijikenda peoples.

These adequate conservation, protection and safeguarding of the Kayas is possible through the active network of traditional and institutional partners engaged in the conservation of the site at the local, regional, national and international level.

The World Heritage Convention deals with the protection of the Outstanding Universal Value of a site and the attributes carrying such values, on the other hand the Intangible Cultural Heritage Convention focuses on cultural heritage of traditions, living expressions inherited by ancestors and previous generations. These inscriptions officialized the recognition of the interdependent character of the tangible and intangible values of the site, for which protection is necessary both in terms of natural and cultural heritage as well as the safeguarding of the traditional knowledge of the Mijikenda in their role as traditional owners and custodians.

The inscription in the ICH in Need of Urgent Safeguarding has supported the establishment and creation of activities for the safeguarding of the traditions and practices of the Mijikenda (restoration work, intergenerational exchanges, awards for best managed Kaya Forests), as well as community safeguarding activities such as beekeeping and sale of honey, butterfly farming and sale of pupae to international markets for socio-economic sustainability of the neighboring Kaya local communities.

Traditional knowledge and supporting regulatory systems: institutional and regulatory partnerships for the protection of the kaya forests

The protection of the Sacred Mijikenda Kaya forests is ensured through a double set of traditional and legal measures that interact with each other to protect the place and ensure the livelihood of communities and peoples. On top of the existing traditional regulatory framework of the Mijikenda and the Council of Elders (Kambi), all the 10 Kaya forests inscribed on the World Heritage List and many of these sacred forests have also been registered as national monuments under the provisions of the National Museums and Heritage Act, which mandates the Kenyan government to support the kaya elders in the protection of the Kayas. The original registration of 22 kaya forests in 1992 has sparked the need to establish a new dedicated unit – the Coastal Forest Conservation Unit - within the National Museums of Kenya whose work is still today focused on working in partnership with the kaya elders for the protection of these places.

This building block is enabled by the existence of partnerships between the Mijikenda and the relevant governmental institutions in charge of protecting the natural and cultural heritage of the places at the local (traditional regulatory systems), national (national acts and legislation) and international (World Heritage and the Intangible Cultural Heritage Conventions). This cooperation offers the chance for all rights holders and stakeholders to work together and it is a platform for communication between traditional owners and government institutions.

The depletion and degradation of the socio-cultural fabric of the Mijikenda people has led to the need to establish an institutional framework for supporting and working in cooperation with the kaya elders for the conservation of these sacred forests. The traditional regulatory system in place is one set of protection that is observed mostly by community members but the degraded understanding of the role of the Kayas in the life of the Mijikenda and other local communities has progressively led to the need for more institutionalized support through the establishment and implementation of legal protection frameworks with defined penalties for infringements of laws and regulations.

Additionally, the commercial harvesting interests in these areas, the pressing urban and agricultural encroachment and pressures to use the land of the Kayas have called for the need of effective legal protection by the government in order to comply with the requirements of the World Heritage Convention.

The custodianship of the Mijikenda

The protection of the Kaya forests of coastal Kenya is a primary matter of the Mijikenda, nine Bantu-speaking ethnic groups (Chonyi, Duruma, Digo, Giriama, Jibana, Kambe, Kauma, Rabai and Ribe). The Mijikenda peoples recognize their origins in the Kaya forests and they have established traditional regulatory systems and codes of ethics based on the sacredness of the Kaya forests and the practice of spiritual and sacred traditional performances like prayers, oath taking, burials, charms, naming of newly born, initiations, reconciliations, coronations and others. The use of natural resources within the Kaya forests is regulated through the traditional knowledge and practices of the Mijikeda. These practices forbid any active and commercial exploitation of natural resources, and they allow only for the collection of dead logs and plants used for spiritual and medicinal purposes. These traditional practices contribute to the conservation of the biodiversity of these forests.

The observation of these codes of ethics is supervised by the Council of Elders (Kambi) and the spiritual leaders of the Mijikenda people, which are in charge of ensuring that traditional regulatory systems are not breached and the forest is respected

The survival of the Kaya forests is highly dependent on the livelihood of the Mijikenda and their traditional system. As community members move towards urban areas, the survival of these practices and traditions is in the hands of the elders of the Mijikenda peoples. Project and programs has been established to foster intergenerational exchange for the long-term safeguarding of these spiritual and traditional practices, which are beneficial for the bio-cultural diversity of the place and the sustainability of traditional owners.

The custodianship exercised by the Mijikenda people is of great importance to the survival of both the natural and cultural/spiritual values of the Sacred Kaya forests. However, the communities of the Mijikenda are slowly degrading: with the increased population of the area and the need for local sustainability, Mijikenda members have abandoned the place to live in urban areas. These issues have been tackled through two key means: strengthening the national-level institutional and protective framework (designation as a national monument and creation of the Coastal Forest Conservation Unit within the National Museums of Kenya) and the inscription of the traditions and practices of the Mijikenda on the list of Intangible Cultural Heritage in Need of Urgent Safeguarding.

Sacred and cultural values of the Mijikenda Kaya Forest

The Mijikenda Kaya Forest are small patches of forest land that extend between 10 and 400 ha on the coastal plains of Kenya. They were originally created in the 16th century as places of settlement but after their abandonment in the 1940s these places have been defined mostly for their spiritual and religious values. The Kaya forests play a key role in the Mijikenda religious sphere, their beliefs and practices as they are regarded as the ancestral and sacred homes of the Mijikenda peoples.

The protection of the Mijikenda Kaya Forests require an holistic and integrated approach based on both natural and cultural values as well as the recognition of the role of the Mijikenda in the conservation of the site through traditional knowledge systems and the recognition of the sacredness of these places. This multilayered identification and protection of values is fundamental for the protection of the site and its people in their wholeness: from the safeguarding of their sacredness to the conservation of their bio-cultural diversity.

The traditional knowledge of the Mijikenda is key for the Kayas sacred land and the conservation of their nature and culture. The sacredness of the place is expressed by the Mijikenda through the practicing of traditions and performing arts related to important life events of the Mijikenda, these traditions form the code of ethics and are the basis of the governance system in place. The effective conservation is further supported by the National Museums of Kenya which has over the years worked with the Mijikenda for the protection of the Kayas.

The long-term protection of the Kayas is directly dependent on the survival of the Mijikenda and their traditions. The protection of the natural environment of the Kaya forests is based on the recognition of the sacred values given to nature. These values are protected and safeguarded by the Mijikenda through their traditional knowledge but also the application of the code of ethics and governance system as well as the enforcement of self-restraining principles by communities. For this reason, it is important to address socio-cultural challenges at the site and to work with the Mijikenda on the establishment of intergenerational exchanges to support the continuation of these practices and the safeguarding of cultural and sacred values.

The application of the codes of ethics and rules of the Mijikenda has long allowed for the conservation, however, the changing demographic of the Kayas and the abandonment of these areas in favor of urban environments has led to the need for further strengthening the institutional and legal frameworks (both traditional and governmental) of the Kayas.

Ashikoye Okoko
Sacred and cultural values of the Mijikenda Kaya Forest
The custodianship of the Mijikenda
Traditional knowledge and supporting regulatory systems: institutional and regulatory partnerships for the protection of the kaya forests
Synergetic protection under UNESCO’s Conventions: World Heritage and Intangible Cultural Heritage
Educating new generations

It is important to think not only at managing and conserving in today’s world but also at ensuring long-term conservation through outreach and awareness raising activities aimed at informing and empowering future generations. In an effort to prepare the next generation that would appreciate its heritage, the Mosi-Oa-Tunya/Victoria Falls World Heritage Site has developed a heritage conservation club at the Palm Grove school. The school is located within the boundaries of the World Heritage Property and this has offered an opportunity to work in close cooperation with the school management. During weekly club meetings, staff of Mosi-Oa-Tunya/Victoria Falls teach basic heritage conservation lessons and undertake conservation activities in teaching grades 4 to 8.

This ongoing sensitization on the importance of heritage conservation to teachers and pupils is critical. Outdoor activities such as visits to museums, the National Park and other heritage sites has proven to be very effective in developing interest in pupils and to effectively communicate to heritage values to them. Stakeholders such as tour operators have been sensitized on the program and they were given a role to played in supporting the program.

The Heritage Conservation Club of the Palm Grove School was established through an agreement between the school management and the management of the World Heritage property. The agreement defines the aim of the club and its activities. The club is also supported by local stakeholders, e.g. tour operators, which have supported the programme via donations such as providing refreshments and providing transport when executing outdoor activities.

  • Children and younger generations are key stakeholder in the protection of heritage places, it is important to raise awareness on the values of World Heirtage sites as well as heritage places to ensure the continuation of community custodianship and the connection between heritage place and communities
  • It is important to state that children have a keen interest in learning about their heritage. It is important to conduct outdoor activities such as visit to the National Park, Museums and heritage sites is important for their learning. Stakeholders are always willing to assist where they can.
Incorporating traditional knowledge Systems in management and safeguarding activities

Through the recognition of the cultural significance of the site, an important aspect for the effective management and conservation of Mosi-Oa-Tunya/Victoria Falls has been the inclusion of traditional knowledge systems in the integrated management plan for the site. The spiritual and religious values of the site are of high importance for communities and people and their maintenance, management and conservation is carried out traditionally by these communities. These values are embodied by the shrines located in various sites of the site.

The inclusion of these practices as part of the integrated management strategy of the site has led to an enhanced commitment and responsibility from these communities and vitalized the cooperation with the institutions involved in the management of the site. Community stewardship is a key strategic objective of the management activities.

As culture is not static but dynamic in nature, it is important to document the belief and practices of the cultural practices attached to the falls. It is important to acknowledge that by site management facilitating traditional practices in the site, it solidifies the sense of ownership among the communities and local people. This is important in ensuring effective management of the site values is attained.

Site Managers should understand that their roles in managing World Heritage properties requires them to identify, understand and appreciate all the values embodied in their respective sites. This includes the recognition and appreciation of the cultural significance of the site and acknowledging the key role played by communities in the conservation of these values.

Site managers have been recognizing and including cultural values as part of the management strategy and this has been a big step towards fostering the link between the site and local communities.

The recognition of traditional knowledge as part of the management strategy of the site has allowed for the positive involvement of key stakeholders and communities and in creating means of stewardships and empowerment that has motivated local actors in becoming more engaged with the site and its conservation. Traditional know how and their practice have become an important aspect in strengthening the role of local communities and actors in decision making and in the overall governance structure of the site. With the engagement of community representatives in the steering committee, the relevance of communities and the traditional know how is today also reflected in the decision-making processes of the joint steering committee.