After publishing on Friday that the Ghana National Folklore Board was initiating a legal action against Marvel Studios, producers of “Black Panther” for using the country’s celebrated traditional fabric, “Kente” in some of the costumes without appropriate permission, the Board has met several criticism and mocking on social media.

So we went looking for more clarity on the matter and found out the Board wasn’t wrong in making such demands. The United Nations Declaration on the Rights of Indigenous Peoples delineates and defines the individual and collective rights of Indigenous peoples, including their ownership rights to cultural and ceremonial expression, identity, language, employment, health, education and other issues.

Ghana National Folklore Board to sue “Black Panther” for using “Kente” without permission

This is what the Declaration has to say on such matters:
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), September 2007

Article 11: Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.

States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.
Article 24: Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals.

Article 31: Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.