Native Flute Manifesto:
Hau Mitakiepi,
Who owns the right to our ways? How does one measure what Native means? The 1978 American Indian Religious Freedom Act decriminalized the practice of our Lifeways. During this same era of re-awakening among our People, a man name Richard Payne was amassing a large, private collection of Native Flutes. As with any of our artifacts removed from the People, the transactions involved in collecting nearly 1000 flutes must be considered as quite dubious. He became the vaunted saint of Native Flute collectors. Others came and wrote books and made songs of praise of how Mr. Payne “saved the Native Flute”. Soon, many non-Indigenous became intrigued. A man named Russ Wolf then wrote a how-to book on the construction of the Native Flute. Now, venues such as “Musical Echoes” in Fort Walton Beach, Florida, tout themselves as a “Native American Flute And Cultural Festival”, yet these venues are filled with non-Native flute vendors and players. The number of enrolled Natives participating is negligible compared to the widespread insinuation of “Natives Gathering”. The 1990 Indian Arts and Crafts Act is meant to prevent these sorts of misappropriations from occurring. No art shows exist in the United States that call themselves “Native” that feature non-Native artists. They could not exist because our People would notice. The non-Native artists painting Native themes call themselves instead “Western Artists” or the like instead. Same with powwows, music and film. Yet, because the Native Flute is so powerful, and because non-Natives have their talons buried deep in the gatekeeping of this way, non-Native gatherings are able to flourish while masquerading as Natives.
The front page website (<a href="http://www.doi.gov/iacb/act.html">http://www.doi.gov/iacb/act.html</a>) of the 1990 Indian Arts and Crafts Act states:
“The Indian Arts and Crafts Act of 1990 (P.L. 101-644) is a truth-in-advertising law that prohibits misrepresentation in marketing of Indian arts and crafts products within the United States. It is illegal to offer or display for sale, or sell any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian Tribe or Indian arts and crafts organization, resident within the United States. For a first time violation of the Act, an individual can face civil or criminal penalties up to a $250,000 fine or a 5-year prison term, or both. If a business violates the Act, it can face civil penalties or can be prosecuted and fined up to $1,000,000.
Under the Act, an Indian is defined as a member of any federally or State recognized Indian Tribe, or an individual certified as an Indian artisan by an Indian Tribe.
The law covers all Indian and Indian-style traditional and contemporary arts and crafts produced after 1935. The Act broadly applies to the marketing of arts and crafts by any person in the United States. Some traditional items frequently copied by non-Indians include Indian-style jewelry, pottery, baskets, carved stone fetishes, woven rugs, kachina dolls, and clothing.
All products must be marketed truthfully regarding the Indian heritage and tribal affiliation of the producers, so as not to mislead the consumer. It is illegal to market an art or craft item using the name of a tribe if a member, or certified Indian artisan, of that tribe did not actually create the art or craft item.
For example, products sold using a sign claiming "Indian Jewelry" would be a violation of the Indian Arts and Crafts Act if the jewelry was produced by someone other than a member, or certified Indian artisan, of an Indian tribe. Products advertised as "Hopi Jewelry" would be in violation of the Act if they were produced by someone who is not a member, or certified Indian artisan, of the Hopi tribe.
If you purchase an art or craft product represented to you as Indian-made, and you learn that it is not, first contact the dealer to request a refund. If the dealer does not respond to your request, you can also contact your local Better Business Bureau, Chamber of Commerce, and the local District Attorney's office, as you would with any consumer fraud complaint. Second, contact the Indian Arts and Crafts Board with your written complaint regarding violations of the Act.
Before buying Indian arts or crafts at powwows, annual fairs, juried competitions, and other events, check the event requirements on the authenticity of products being offered for sale. Many events list the requirements in newspaper advertisements, promotional flyers, and printed programs. If the event organizers make no statements on compliance with the Act or on the authenticity of Indian arts and crafts offered by participating vendors, you should obtain written certification from the individual vendors that their Indian arts or craftwork were produced by tribal members or by certified Indian artisans.”
Why then do so many false flute fests flourish? Simple. There just are not many Native Flute Makers left. We have been utterly divested of the Flute while private collections and museum collections grow. That cannot be allowed to continue. Light must be shone upon the misappropriaters. What can be done? Surprisingly, the answer started with eBay. Through complaints probably to do with the highly circulated (among Natives anyway) story of the Native scalp for sale on eBay, eBay decided to not allow the term “Native American” in regards to non-Native flute sellers. After a few days of various sellers attempting different word combinations, “American Flute” seems to have become the standard. Great! Lets adopt this for those large non-native Flute gatherings which feature not even a handful of enrolled Native performers/sellers. Why? Because now, instead of touting themselves as “the renaissance” of Native Flutes, it would be obvious that there is a large gulf between what is currently misnomered as a “Native American Flute Festival” and what a gathering of Natives encompass. Of course, the non-Native flute makers will raise a hue and cry: “DON’T take the Native out of our name!” They will say they are honoring us, just like the pro-mascot people say. They are pretenders. They are playing Indian. Play time is over.
Although I fully believe the times of confrontation have passed, that this is a time of gathering, I also fully believe that our Healing as Native People begins with our Roots. Our Roots begin with The Drum, The Rattle and The Flute. We must take measures to protect our Roots. Maybe Tribal Councils need to be spoken to, Tribal Statements and Proclamations made. Precedents set. Maybe Sundances and Sundancers need to reclaim that Flute, which is a part of our masculinity. Maybe even online petitions, groups, entities of any sort, as there are no entities whatsoever now. The “International Native Flute Association” may be the prime culprit in the misappropriation of the term Native Flute, as there are very few Natives involved at all, except in seemingly ceremonial roles.
I am all for non-Natives enjoying the flute. I am all for them making and selling the flute. I would just like to see the connotation of “Native” removed.
Hecetuwelo, Wanbli WiWohpe he emacia pelo.
James Herbert Starkey
Enrolled Member, Cheyenne River Sioux Tribe
Hau Mitakiepi,
Who owns the right to our ways? How does one measure what Native means? The 1978 American Indian Religious Freedom Act decriminalized the practice of our Lifeways. During this same era of re-awakening among our People, a man name Richard Payne was amassing a large, private collection of Native Flutes. As with any of our artifacts removed from the People, the transactions involved in collecting nearly 1000 flutes must be considered as quite dubious. He became the vaunted saint of Native Flute collectors. Others came and wrote books and made songs of praise of how Mr. Payne “saved the Native Flute”. Soon, many non-Indigenous became intrigued. A man named Russ Wolf then wrote a how-to book on the construction of the Native Flute. Now, venues such as “Musical Echoes” in Fort Walton Beach, Florida, tout themselves as a “Native American Flute And Cultural Festival”, yet these venues are filled with non-Native flute vendors and players. The number of enrolled Natives participating is negligible compared to the widespread insinuation of “Natives Gathering”. The 1990 Indian Arts and Crafts Act is meant to prevent these sorts of misappropriations from occurring. No art shows exist in the United States that call themselves “Native” that feature non-Native artists. They could not exist because our People would notice. The non-Native artists painting Native themes call themselves instead “Western Artists” or the like instead. Same with powwows, music and film. Yet, because the Native Flute is so powerful, and because non-Natives have their talons buried deep in the gatekeeping of this way, non-Native gatherings are able to flourish while masquerading as Natives.
The front page website (<a href="http://www.doi.gov/iacb/act.html">http://www.doi.gov/iacb/act.html</a>) of the 1990 Indian Arts and Crafts Act states:
“The Indian Arts and Crafts Act of 1990 (P.L. 101-644) is a truth-in-advertising law that prohibits misrepresentation in marketing of Indian arts and crafts products within the United States. It is illegal to offer or display for sale, or sell any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian Tribe or Indian arts and crafts organization, resident within the United States. For a first time violation of the Act, an individual can face civil or criminal penalties up to a $250,000 fine or a 5-year prison term, or both. If a business violates the Act, it can face civil penalties or can be prosecuted and fined up to $1,000,000.
Under the Act, an Indian is defined as a member of any federally or State recognized Indian Tribe, or an individual certified as an Indian artisan by an Indian Tribe.
The law covers all Indian and Indian-style traditional and contemporary arts and crafts produced after 1935. The Act broadly applies to the marketing of arts and crafts by any person in the United States. Some traditional items frequently copied by non-Indians include Indian-style jewelry, pottery, baskets, carved stone fetishes, woven rugs, kachina dolls, and clothing.
All products must be marketed truthfully regarding the Indian heritage and tribal affiliation of the producers, so as not to mislead the consumer. It is illegal to market an art or craft item using the name of a tribe if a member, or certified Indian artisan, of that tribe did not actually create the art or craft item.
For example, products sold using a sign claiming "Indian Jewelry" would be a violation of the Indian Arts and Crafts Act if the jewelry was produced by someone other than a member, or certified Indian artisan, of an Indian tribe. Products advertised as "Hopi Jewelry" would be in violation of the Act if they were produced by someone who is not a member, or certified Indian artisan, of the Hopi tribe.
If you purchase an art or craft product represented to you as Indian-made, and you learn that it is not, first contact the dealer to request a refund. If the dealer does not respond to your request, you can also contact your local Better Business Bureau, Chamber of Commerce, and the local District Attorney's office, as you would with any consumer fraud complaint. Second, contact the Indian Arts and Crafts Board with your written complaint regarding violations of the Act.
Before buying Indian arts or crafts at powwows, annual fairs, juried competitions, and other events, check the event requirements on the authenticity of products being offered for sale. Many events list the requirements in newspaper advertisements, promotional flyers, and printed programs. If the event organizers make no statements on compliance with the Act or on the authenticity of Indian arts and crafts offered by participating vendors, you should obtain written certification from the individual vendors that their Indian arts or craftwork were produced by tribal members or by certified Indian artisans.”
Why then do so many false flute fests flourish? Simple. There just are not many Native Flute Makers left. We have been utterly divested of the Flute while private collections and museum collections grow. That cannot be allowed to continue. Light must be shone upon the misappropriaters. What can be done? Surprisingly, the answer started with eBay. Through complaints probably to do with the highly circulated (among Natives anyway) story of the Native scalp for sale on eBay, eBay decided to not allow the term “Native American” in regards to non-Native flute sellers. After a few days of various sellers attempting different word combinations, “American Flute” seems to have become the standard. Great! Lets adopt this for those large non-native Flute gatherings which feature not even a handful of enrolled Native performers/sellers. Why? Because now, instead of touting themselves as “the renaissance” of Native Flutes, it would be obvious that there is a large gulf between what is currently misnomered as a “Native American Flute Festival” and what a gathering of Natives encompass. Of course, the non-Native flute makers will raise a hue and cry: “DON’T take the Native out of our name!” They will say they are honoring us, just like the pro-mascot people say. They are pretenders. They are playing Indian. Play time is over.
Although I fully believe the times of confrontation have passed, that this is a time of gathering, I also fully believe that our Healing as Native People begins with our Roots. Our Roots begin with The Drum, The Rattle and The Flute. We must take measures to protect our Roots. Maybe Tribal Councils need to be spoken to, Tribal Statements and Proclamations made. Precedents set. Maybe Sundances and Sundancers need to reclaim that Flute, which is a part of our masculinity. Maybe even online petitions, groups, entities of any sort, as there are no entities whatsoever now. The “International Native Flute Association” may be the prime culprit in the misappropriation of the term Native Flute, as there are very few Natives involved at all, except in seemingly ceremonial roles.
I am all for non-Natives enjoying the flute. I am all for them making and selling the flute. I would just like to see the connotation of “Native” removed.
Hecetuwelo, Wanbli WiWohpe he emacia pelo.
James Herbert Starkey
Enrolled Member, Cheyenne River Sioux Tribe
