Pluralism and Minority Rights In Music Education: Implications of the Legal and Social Philosophical DimensionWith Marja Heimonen, Visions of Research in Music Education. |
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Cultural Heritage Conservation, Intangible cultural heritage, World Cultural Heritage, Multicultural music education, Minority Languages, Multiculturalism, Multicultural Education, International Law, Economic, Social and Cultural Rights, Cultural Heritage Management, Music Education, Minority language rights, Cultural Heritage, and Philosophy of Music Education
ISSN:
1938-‐2065
Pluralism
and
Minority
Rights
in
Music
Education:
Implications
of
the
Legal
and
Social
Philosophical
Dimension
By
Marja
Heimonen
and
David
G.
Hebert
Sibelius
Academy,
Finland
Abstract
This
paper
explores
the
issue
of
m inority
rights
in
m usic
education,
taking
an
interdisciplinary
approach
informed
by
both
s ocial
and
legal
philosophy
and
interpretation
of
m usic
research
findings.
An
international-comparative
perspective
is
offered
to
consider
the
problem
of
balancing
between
a
universal
good,
in
other
words,
rights
entitled
to
every
human
being,
with
the
rights
of
ethnic
m inorities.
The
principal
research
question
is:
To
what
extent
m ay
children
and
adolescents
of
cultural
m inorities
have
rights
to
their
‘ own
m usic(s)’,
and
how
m ay
s uch
rights
inform
contemporary
educational
practice?
Examples
to
be
discussed
in
relation
to
education
in
contemporary
Europe
include
s uch
m inority
peoples
as
M aori
and
Pacific
Islanders
in
New
Zealand,
Zainichi
Koreans
and
Okinawans
in
J apan,
and
Native
Americans
in
the
U nited
States.
The
f irst
of
these
aforementioned
rights
(e.g.,
human
rights)
is
regarded
to
f orm
–
at
least
partly
–
the
f oundation
of
international
law,
and
in
education
this
m ay
be
extended
to
include
the
learning
of
intercultural
understanding
and
tolerance
among
all
children.
The
case
of
ethnic
minorities,
however,
entails
additional
issues
and
concerns,
particularly
in
the
f ield
of
m usic
education.
Policies
based
on
the
pluralistic
objective
of
respecting
cultural
s elf-determination
face
challenges
in
implementation
due
in
part
to
political
and
religious
orientations
that
sometimes
conflict
with
the
m ajority
m usical
culture.
Rather
than
aiming
to
give
a
s ingle
"right
answer"
to
s uch
challenges,
this
paper
discusses
the
m ultiple
dimensions
–
and
inherent
tensions
in
practice
–
of
rights
to
m usic
of
m inority
children
and
adolescents
and
offers
a
rationale
and
s trategic
f ramework
f or
s cholarship
in
this
f ield.
Our
conclusion,
while
acknowledging
the
v alidity
and
importance
of
efforts
to
s upport
preservation
of
cultural
heritage,
emphasizes
a
discursive
v iew
on
rights
and
of
recourse
to
"one's
own
m usic"
based
on
recognition
of
the
evolutionary
hybridity
of
m usical
genres
that
is
ongoing
in
contemporary
multicultural
s ocieties,
in
which
it
m ay
be
difficult,
or
even
impossible
in
s ome
cases,
to
definitively
know
what
actually
is
"one's
own
m usic."
Heimonen,
M.,
&
Hebert,
D.
G.
(2010).
Pluralism
and
minority
rights
in
music
education:
Implications
of
the
legal
and
social
philosophical
dimension.
V isions
of
Research
i n
Music
E ducation,
15.
Retrieved
from
http://www-‐usr.rider.edu/~vrme/
2
Pluralism
and
Minority
Rights
in
Music
Education:
Implications
of
the
Legal
and
Social
Philosophical
Dimension
Introduction:
Indigenous
Peoples
and
Ethnic
Minorities
The
European
Charter
for
Regional
or
Minority
Languages
is
a
treaty
conceived
by
the
Council
of
Europe
that
seeks
to
support
the
preservation
of
languages
associated
with
various
minority
groups
residing
in
regions
in
which
a
majority
language
is
dominant.
It
is
“the
only
binding
convention
seeking
to
safeguard
regional
and
minority
languages
at
international
level”
(Council
of
Europe,
1992).
It
appears
to
be
the
first
actual
legal
charter
of
its
kind.
In
Finland,
the
rights
of
Swedes
to
study
in
their
language
–
which
is
a
minority
(and
official)
language
in
this
nation
–
has
long
been
recognized.
Similar
kinds
of
opportunities
to
study
at
the
basic
level
are
provided
for
the
Sami
children
as
well.
But
what
of
the
right
to
one’s
‘own’
music,
another
form
of
deeply
symbolic
discourse
that
is
closely
linked
to
cultural
heritage?
Scholarly
examination
of
the
fundamental
legal
foundations
associated
with
this
theme
requires
the
use
of
an
interdisciplinary
approach
informed
by
both
social
and
legal
philosophy
and
interpretation
of
music
research
findings.
We
will
use
an
international-‐comparative
approach
to
consider
the
problem
of
balancing
between
different
kinds
of
rights
in
the
field
of
music
education.
Our
principal
research
question
is
the
following:
To
what
extent
might
children
and
adolescents
of
cultural
minorities
have
rights
to
their
‘own
music(s)’,
and
how
may
this
inform
contemporary
educational
practice?
Our
discussion
will
consider
this
question
in
relation
to
examples
that
include
Maori
and
Pacific
Islanders
in
New
Zealand,
Zainichi
Koreans
and
Okinawans
in
Japan,
and
Native
Americans
in
the
United
States.
As
these
cases
will
demonstrate,
policies
based
on
the
pluralistic
objective
of
respecting
cultural
self-‐determination
face
challenges
in
implementation
due
to
political
and
religious
orientations
that
sometimes
conflict
with
the
majority
musical
culture.
Rather
than
aiming
to
give
one
right
answer,
we
aim
here
to
discuss
the
multiple
dimensions
–
and
inherent
tensions
in
practice
–
of
rights
to
music
of
minority
children
and
adolescents.
3
Legal
and
Social-Philosophical
Frameworks
In
Inuit
societies
–
and
in
old
Finnish
societies,
as
described
in
the
national
epic
Kalevala
–
music
(in
the
form
of
song
duels)
was
used
to
resolve
conflicts
between
individuals.
The
aim
of
song
duels
was
to
reintegrate
conflicting
members
into
the
community,
and
the
ritualistic,
psychotherapeutic
and
cathartic
elements
of
this
practice
were
widely
recognized
(Petersen,
1998).
The
role
of
a
song
duel
was
to
create
a
shared
experience.
The
audience
served
as
a
judge,
and
the
importance
of
public
opinion
and
community
participation
in
the
conflict
was
stressed.
Consequently,
in
contemporary
Greenland,
the
logo
of
the
Judiciary
has
also
been
a
drum
and
a
drumstick,
rather
than
the
internationally
familiar
Goddess
of
Justice,
who
is
typically
blindfolded
and
holding
a
scale
or
sword
(Petersen
1998.)
As
this
example
illustrates,
in
some
indigenous
cultures,
traditional
music
is
very
closely
linked
to
communication
and
beliefs
regarding
law
and
justice.
What
are
the
functions
of
law
in
contemporary
societies?
Law
may
be
regarded
as
an
intervention
by
the
state
that
establishes
the
legitimacy
of
government,
promotes
social
stability,
and
protects
citizens
from
violence,
yet
at
the
same
time
it
may
decrease
individual
freedoms
or
the
activities
of
a
free
market
(see,
e.g.,
Nozick
1974).
Law
can
also
be
seen
as
a
means
of
creating
conditions
and
circumstances
for
beneficial
activities
(such
as
educational
and
artistic
endeavors),
or
as
an
instrument
or
means
of
protecting
the
rights
of
minorities,
for
example
the
Sami
people’s
right
to
their
own
cultural
heritage
and
its
preservation
to
new
generations
(see,
e.g.
Siltala
2003,
192).
Fundamental
legal
rights
(basic
rights)
are
usually
secured
for
all
citizens
in
national
Constitutions,
and
may
include
rights
such
as
the
right
to
free
speech,
to
education
(in
the
Nordic
countries,
this
includes
the
right
to
basic
education
free
of
charge),
and
the
right
to
language.
Language
rights
are
connected
with
educational
rights,
and
they
have
been
the
topic
of
political
debate
in
4
several
countries.
For
instance,
post-‐apartheid
South
Africa’s
new
constitution
(Act
No.
108
of
1996)
embraces
language
as
a
basic
human
right,
and
multilingualism
as
a
national
resource,
and
raises
nine
major
African
languages
to
official
status
alongside
English
and
Afrikaans
(Constitution
No.
108
of
1996,
Chapter
1,
Section
6;
Hornberger
1998,
443,
445).
In
Durban,
for
instance,
approximately
40
%
of
the
population
is
of
Pakistan
or
Indian
origin,
and
the
languages
of
India
belong
to
the
kinds
of
other
languages
commonly
used
by
communities
in
South
Africa
that
the
Constitution
also
promotes
besides
the
eleven
official
languages.
(Constitution
of
the
Republic
of
South
Africa
No.
108
of
1996,
chapter
1,
Section
6;
Hornberger
1998,
446.)
It
may
be
utopian
to
believe
that
the
aforementioned
right
could
be
realized
in
every
school
across
the
entire
nation
of
South
Africa.
However,
this
situation
demonstrates
that
the
era
when
minority
language
rights
were
regarded
as
a
problem
of
equal
rights
has
ended
(Hornberger
1998,
443).
Presently,
the
problem
is
mainly
economic:
insufficient
financial
resources
to
provide
education
of
the
same
standard
in
every
official
language,
and
a
large
gap
is
evident
between
rich
schools
(that
use
English
in
their
teaching)
and
poor
schools.
In
Finland,
the
rights
of
Swedish-‐speaking
and
of
Sami
people
may
be
taken
as
an
example
of
minority
rights
promoted
by
law.
As
these
examples
5
illustrate,
law
is
an
instrument
that
has
been
used
to
protect
minority
rights
and
to
support
pluralism
in
various
nations.
However,
several
problematic
questions
have
arisen
concerning
the
rights
of
minority
children
and
adolescents,
particularly
in
relation
to
education
(May,
2009).
According
to
Unni
Wikan
(2002,
16),
a
multicultural
welfare
society
(such
as
Norway)
must
not
distinguish
between
the
rights
of
natives
and
immigrants,
nor
the
children
of
immigrants.
Why
not?
Wikan
tells
how
an
immigrant
father
enjoys
all
the
benefits
of
the
Norwegian
welfare
society
that
provides
him
with
social
and
heath
care
without
demanding
anything
from
his
side.
In
contrast,
the
child
welfare
authorities
-‐
who
respect
minority
parents’
rights
and
are
afraid
of
being
called
“racist”
-‐
are
unable
to
protect
his
daughter.
She
is
a
14-‐year-‐old,
born
in
Norway,
who
is
sent
to
the
home
country
by
her
father
although
she
pleas
to
authorities
for
help
and
desires
to
remain
in
Norway
(Wikan
2002,
20-‐24).
The
same
question
is
relevant
in
music
education
if
minority
parents
deny
their
children
the
opportunity
to
participate
in
lessons
that
include
Christmas
carols,
pop
or
rock
music,
or
dancing,
for
instance.
Should
children
of
immigrants
have
the
right
to
listen
to
all
kinds
of
music,
as
other
children
do,
regardless
of
the
views
of
their
parents?
Or,
should
the
rights
of
the
parents
of
cultural
minorities
have
precedence
in
such
cases?
Similar
questions
have
been
asked
of
sex
education,
and
whether
children
should
be
required
to
learn
basic
facts
about
reproduction
for
the
sake
of
their
own
personal
health,
despite
the
positions
their
parents
may
have
on
the
question
of
abstinence,
for
example.
Seyla
Benhabib
states
that
children
and
adolescents
of
minority
groups
should
have
the
right
to
an
open
future,
and
they
should
be
educated
as
majority
children
in
a
multicultural
society.
The
rights
of
parents
should
also
be
respected,
but
parents
could
nurture
their
cultural
traditions
for
their
children
at
home
(Benhabib
2004).
Questions
regarding
rights
are
6
always
complex;
thus,
it
is
crucial
to
consider
whose
rights
are
in
question,
since
a
judicious
balancing
between
different
kinds
of
rights
is
often
necessary.
For
example,
such
an
empathetic
understanding
informed
by
moral
imagination
(Johnson,
1994)
would
acknowledge
that
the
appropriateness
of
some
forms
of
censorship
(e.g.
of
explicitly
prurient
or
violent
content
in
media
to
which
children
are
exposed)
must
be
carefully
balanced
with
the
fundamental
right
to
freedom
of
expression.
Several
rights
of
children,
for
instance,
the
principle
of
the
best
interests
of
the
child,
are
secured
in
the
United
Nations
Convention
on
the
Rights
of
the
Child,
particularly
its
article
3.
However,
in
practice
the
rights
of
children
have
to
be
weighed
with
others’
rights,
and
in
several
societies
the
father’s
right
to
decide
what
is
best
for
the
children
may
take
priority.
Moreover,
it
is
widely
accepted
that
it
is
not
necessarily
the
children
themselves
who
always
know
what
is
in
their
own
best
interests
(see,
e.g.,
Nieminen
1990).
In
short,
there
is
no
one
right
answer
to
this
question,
and
the
complexity
remains.
Understanding
this
need
for
carefully
assessing
and
balancing,
and
taking
into
account
the
relevant
features
and
complexities
of
each
particular
case,
is
most
important.
Rights
are
closely
connected
with,
and
even
grounded
on,
duties
(Raz
1988,
180).
A
related
problem
that
therefore
requires
consideration
is
whether
it
is
more
a
duty
of
the
state
to
promote
cultural
rights
(e.g.,
rights
to
music,
including
the
rights
of
minorities,
even
non-‐citizens
and
children),
or
is
it
a
matter
of
local
decision-‐making
at
the
community-‐level,
in
schools,
or
in
the
home?
Educational
Practices:
Three
Cases
7
We
will
now
briefly
consider
cases
of
minority
cultures
in
three
nations
from
outside
Europe
in
terms
of
our
theme
of
rights
to
music
in
contemporary
educational
practice.
Consistent
with
basic
principles
of
the
field
of
international-‐comparative
education
research
(Crossley
&
Watson,
2003),
we
offer
this
description
to
illustrate
aspects
of
practices
that
may
have
relevant
implications
for
educational
systems
in
Europe
and
elsewhere.
Following
a
brief
introduction
to
the
three
cases,
we
will
introduce
specific
concepts
from
international
law,
later
using
these
cases
to
more
vividly
illustrate
various
principles.
Case
1:
Maori
and
Pacific
Islanders
in
New
Zealand
The
south
Pacific
island
nation
of
New
Zealand
is
particularly
important
as
a
center
for
progressive
ideas
relating
to
postcolonial
law
and
indigenous
rights
(May
1999;
May
2001;
Smith,
1999).
Indigenous
Maori
currently
comprise
14.6%
of
New
Zealand’s
population.
Migrant
peoples
from
various
Pacific
islands
–
such
as
Tonga,
Samoa,
Fiji
–
are
also
highly
visible
and
well
represented
in
urban
enclaves,
particularly
in
suburbs
of
Auckland,
the
nation’s
largest
municipality.
However,
Pacific
Islanders,
which
in
the
New
Zealand
case
includes
all
Polynesians
except
for
Maori,
are
not
well
represented
in
the
national
curriculum
nor
most
teacher
education
programs.
Maori,
as
the
original
inhabitants,
are
provided
unique
opportunities
to
contribute
to
national
policy-‐making,
which
place
them
at
a
distinct
advantage
over
other
minorities,
such
as
Asians
and
Pacific
Islanders.
Te
Kura
are
state-‐sponsored
indigenous
schools
for
Maori
students
that
emphasize
Maori
language
and
indigenous
fine
and
performing
arts,
and
New
Zealand
also
has
three
Maori
colleges
(Te
Wananga)
that
function
as
the
equivalent
of
universities,
offering
degrees
through
the
doctoral
level:
Te
Wananga
o
Aotearoa,
Te
Wananga
o
Raukawa,
Te
Whare
Wananga
o
Awanuiarangi.
Consistent
with
New
Zealand's
national
8
policy
of
"biculturalism"
(Thwaites,
2008),
Maori
are
also
provided
unique
opportunities
to
promote
their
music
through
state
sponsored
television
and
radio
for
Maori-‐oriented
programming,
and
Maori
music
features
prominently
in
the
national
music
curriculum.
Case
2:
Okinawans
and
Zainichi
Koreans
in
Japan
Music
education
in
Japan
is
situated
in
the
context
of
a
highly
prescriptive
mandatory
national
curriculum
(Ogawa,
2004),
which
includes
some
lessons
in
Okinawan
music
(by
the
ethnically-‐distinct
indigenous
minority
Ryukyu
islanders)
for
all
students
throughout
the
nation.
There
are
also
some
opportunities
for
minorities
such
as
Okinawans,
Koreans,
and
Ainu
to
perform
music
in
ensembles
(club
activities)
that
are
loosely
affiliated
with
local
schools
(Thompson,
2008;
Okinawa
Prefectural
Government,
2004).
Although
Zainichi
Koreans
are
the
largest
ethnic
minority
in
Japan
(with
an
approximated
600,000
residents),
Korean
music
–
unlike
its
Okinawan
counterpart
–
is
not
well
represented
in
the
national
curriculum,
partly
due
to
political
pressures.
Most
Korean
residents
of
Japan
are
the
descendants
of
immigrants
from
North
Korea,
which
although
it
used
to
be
part
of
the
Japanese
Empire
(1910-‐1945)
is
now
regarded
as
a
hostile
nation.
Nevertheless,
there
are
several
private
Korean
schools
in
Japan
which
provide
Korean-‐language
instruction.
Minorities
in
Japan
tend
to
have
fewer
educational
opportunities
and
are
very
rarely
able
to
become
school
teachers
or
to
directly
contribute
to
policy-‐making
relevant
to
such
fields
as
music
and
education.
Recent
research
has
determined
that
community
festivals
play
a
particularly
important
role
in
the
preservation
and
popularization
of
minority
musics
in
Japan.
The
Korean
zainichi
minority
of
Kyoto,
for
example,
attains
visibility
through
its
music
festival,
without
which
its
presence
might
otherwise
be
relatively
unknown.
The
festival
is
founded
on
the
belief
that
if
children
develop
an
appreciation
for
multiculturalism
by
learning
about
the
positive
side
of
the
Korean
minority
community,
discrimination
may
be
reduced
(Caron,
1997;
Isoda,
2009).
It
is
well
documented
that
in
recent
decades
many
leaders
of
Japan’s
ruling
Liberal
Democratic
Party
had
shown
little
regard
for
the
concerns
of
minority
residents
and
the
views
of
neighboring
nations,
particularly
China
and
Korea,
and
had
even
advocated
an
9
increasingly
nationalistic
ideology
in
school
education.
However,
on
August
30th,
2009,
in
a
landslide
victory
unlike
any
other
in
Japan’s
history,
the
Democratic
Party
of
Japan
seized
power
from
the
Liberal
Democratic
Party,
which
had
controlled
Japan,
virtually
uninterrupted,
since
1955.
The
Democratic
Party
has
promised
major
policy
changes
in
order
to
build
stronger
relationships
with
other
Asian
nations.
Case
3:
Native
Americans
in
the
USA
In
2006,
2.5
million
Native
Americans
were
officially
registered
in
the
United
States
census,
a
figure
that
roughly
equates
to
the
total
population
of
Finnish
men
in
the
world,
which
we
tend
to
feel
is
a
significant
group.
North
America
is
an
enormous
continent,
and
a
great
diversity
may
be
found
across
its
indigenous
cultures,
including
the
vast
breadth
of
Native
American
musical
traditions
(Boyea,
2000).
By
the
1990s,
there
was
finally
clear
government
recognition
of
both
the
unique
educational
challenges
faced
by
Native
Americans
and
the
reality
of
cultural
extinction,
embodied
in
the
landmark
report
Indian
Nations
at
Risk
by
the
United
States
Department
of
Education
(1991).
As
Gilbert
(2005)
recently
observed
at
the
Sherman
Institute,
“Hopi
students
continue
to
sing
and
dance
their
traditional
songs,”
and
this
“reflects
a
trend
that
emerged
at
most
of
the
off-‐reservation
boarding
schools”
(p.
8).
However,
it
is
also
quite
evident
that
the
Hopi
have
been
among
the
few
relatively
positive
"success
stories"
of
Native
American
nations
facing
the
onslaught
of
colonization.
Many
other
Native
American
nations
have
barely
managed
to
survive,
if
at
all.
At
the
Mount
Adams
School
District,
situated
on
the
edge
of
the
largest
10
piece
of
Indian
tribal
land
in
the
United
States
–
the
Yakama
reservation
–
the
population
of
some
local
schools
is
70%
Native
American.
Due
to
a
lack
of
local
funding
for
music
programs,
a
partnership
was
established
with
University
of
Washington
to
bring
prospective
music
educators
for
intensive
teaching
workshops
from
which
they
also
learn
songs
of
Native
American
and
Hispanic
communities
(So,
2001;
Soto,
Lum
&
Campbell,
2009).
There
has
traditionally
tended
to
be
little
interest
in
authentic
Native
American
music
among
most
mainstream
music
education
programs
in
the
United
States,
although
attitudes
have
changed
in
recent
decades
with
the
development
of
multicultural
music
education
(Boyea,
1999;
Burton,
1994).
The
most
substantial
research
study
of
Native
American
music
education
to
date
appears
to
have
demonstrated
under
a
variety
of
experimental
conditions
that
stereotypical
perceptions
about
Native
American
music
and
culture
could
be
effectively
dispelled
through
multicultural
music
instruction
(Edwards,
1994).
Critical
reviews
of
studies
in
this
field
have
demonstrated
that
multicultural
music
education
can
be
effective
not
only
in
terms
of
such
"social
justice"
related
objectives,
but
also
in
terms
of
the
kinds
of
instructional
objectives
that
typically
serve
as
the
rationale
for
any
traditional
mainstream
music
program
(Abril,
2006;
Hebert,
in
press).
Nowadays,
Native
Americans
affiliated
with
powerful
ethnic
groups
tend
to
have
some
opportunities
to
study
their
own
music
in
tribal
schools.
However,
there
appear
to
be
very
few
options
11
for
students
from
smaller
and
relatively
disadvantaged
tribes.
If
the
objective
of
developing
significant
Native
American
music
programs
in
schools
is
to
be
attained,
clearly
more
work
is
needed
at
the
level
of
music
teacher
education
to
ensure
that
sufficient
numbers
of
qualified
teachers
are
available
with
the
specialized
skills
and
experience
necessary
to
effectively
teach
these
traditions.
This
objective
may
require
greater
efforts
to
actively
recruit
Native
American
students
into
music
teacher
education
programs.
A
brief
look
at
these
three
nations
reveals
that
minority
musics
are
treated
in
rather
diverse
ways,
with
unequal
opportunities
amongst
minority
groups
within
each
nation
examined.
Previous
research
has
suggested
that
despite
a
widespread
emphasis
on
cultural
pluralism
at
the
policy
level
in
many
nations,
effective
implementation
of
multicultural
music
education
has
remained
a
considerable
challenge
through
the
first
decade
of
the
21st
century,
which
is
evident
both
in
actual
practice
and
in
scholarly
representations
of
educational
history
(Hebert,
2009;
Hebert,
in
press).
Political
and
religious
factors
may
especially
represent
formidable
challenges
in
this
regard,
for
an
array
of
research
studies
has
demonstrated
how
music
is
deeply
intertwined
with
world
views
and
cultural
values
(Nettl,
2005).
While
it
is
possible
through
a
review
of
research
to
obtain
relevant
information
regarding
many
current
musical
and
educational
practices,
it
has
become
clear
that
our
question
of
the
precedence
of
adult’s
rights
versus
children’s
rights
requires
further
inquiry
in
each
nation
considered
here.
Moreover,
this
situation
poses
some
fundamental
questions
for
consideration:
How
might
law
play
a
positive
role
in
the
field
of
music
education,
leading
to
improvements
in
terms
of
both
the
concerns
of
social
justice
and
preservation
of
cultural
heritage?
To
what
extent
are
similar
conditions
evident
among
minorities
in
various
parts
of
Europe,
and
what
lessons
may
we
learn
in
this
regard?
With
these
questions
in
mind,
we
will
now
proceed
to
consideration
of
how
key
concepts
relevant
to
these
concerns
are
defined
and
applied
in
the
field
of
international
law.
12
Key
Concepts
and
their
Applications
Some
detailed
discussion
of
specialized
terminology
and
its
application
is
necessary
prior
to
embarking
upon
our
analysis
and
interpretation
of
relevant
legal
documents.
Specifically,
the
notion
of
soft
law,
the
legal
definition
of
"intangible
cultural
heritage",
and
the
various
kinds
of
legal
documents
in
this
field
may
require
explanation.
Soft
Law
and
Intangible
Cultural
Heritage
What
is
meant
by
"soft
law"?
Soft
law
is
a
concept
that
cannot
be
precisely
defined.
Usually,
it
is
seen
as
a
grey
area
between
white
law,
i.e.
legislation
with
clearly
binding
legal
norms,
and
a
black
area
that
is
not
covered
or
regulated
by
law
at
all.
As
concrete
examples,
international
treaties
are
usually
mentioned
as
soft
law,
and
recommendations
and
guidelines
as
well.
These
kinds
of
regulations
may
also
be
national
in
scope,
although,
international
relations
in
particular
tend
to
favor
soft
law-‐type
regulation.
The
United
Nations'
conventions
are
typical
examples,
and
so
are
conventions
of
international
societies,
such
as
the
International
Society
for
Music
Education
(ISME),
or
International
Society
for
Philosophy
of
Music
Education
(ISPME)
(Heimonen
2002,
168-‐ 177).
On
the
one
hand,
soft
law
is
flexible,
but
on
the
other
hand,
it
is
non-‐binding.
This
means
that
soft
law
type
regulations
are
like
recommendations,
usually
followed
de
facto,
without
fear
of
legal
sanctions.
State
parties
can
ratify
United
Nations'
conventions,
for
instance,
or
not
-‐
that
is
voluntary.
Compared
with
customary
practice,
soft
law
usually
aims
to
create
a
regulatory
set
of
norms.
So,
it
may
be
considered
as
"hard"
(from
the
viewpoint
of
content),
and
"soft"
from
the
viewpoint
of
existence
and
obligation.
Usually
it
is
seen
as
a
continuum,
with
hard
norms
at
the
one
end,
and
soft
at
the
other
end.
The
UNESCO
World
Heritage
list
is
one
such
example
of
a
notable
soft
law
program,
which
currently
designates
890
locations
worldwide
as
important
sites
of
global
human
heritage
that
arguably
call
for
respectful
consideration
even
in
wartime
and
periods
of
economic
difficulty.
As
we
consider
the
national
cases
mentioned
above,
notable
examples
include
the
Tongariro
National
Park
(New
Zealand),
the
Historic
Monuments
of
Ancient
Kyoto
(Japan),
and
Mesa
Verde
(United
States).
The
most
crucial
problem
regarding
soft
law
might
be
that
it
is
said
to
be
ineffective:
usually
there
are
no
obligations
or
sanctions
to
put
13
this
kind
of
law
into
force.
The
United
Nations
uses
a
report
system:
states
are
asked
to
give
reports
on
how
the
conventions
have
been
put
into
practice,
and
the
United
Nations
organizations
may
give
the
states
feedback
in
the
form
of
recommendations
that
may
be
critical
in
come
cases.
However,
if
a
government
prefers
not
to
heed
these
recommendations
or
guidelines,
this
is
legally
acceptable.
Moral
or
ethical
norms
and
duties
are
outside
the
scope
of
this
article;
so,
we
will
just
mention
that
their
non-‐legal
influence
is
sometimes
very
strong,
since
moral
norms
are
usually
the
basis
of
legal
norms
(such
a
close
connection
may
be
seen
especially
in
Islamic
Law,
for
example).
In
this
article,
we
aim
to
take
a
fresh
look
into
soft
law;
rather
than
analyzing
its
limits,
we
will
discuss
its
possibilities
for
the
objective
of
securing
minority
rights.
We
are
particularly
interested
in
contributing
to
some
resolution
of
an
array
of
thorny
issues
associated
with
the
challenge
of
making
"soft
law"
guidelines
and
declarations
more
effective,
so
we
might
avoid
creating
conventions
that
nobody
in
music
education
follows,
or
even
knows
about.
What
is
meant
by
“intangible
cultural
heritage”?
In
the
UNESCO
Convention
for
14
the
Safeguarding
of
the
Intangible
Cultural
Heritage
(2003),
the
term
"intangible
cultural
heritage"
is
defined
as
referring
to
"the
practices,
representations,
expressions,
knowledge,
skills
–
as
well
as
the
instruments,
objects,
artifacts
and
cultural
spaces
associated
therewith
–
that
communities,
groups
and,
in
some
cases,
individuals
recognize
as
part
of
their
cultural
heritage."
The
term
intangible
cultural
heritage
is
applied
in
reference
to
highly
significant
practices,
yet
is
to
be
regarded
as
neither
fixed
nor
inflexible,
although
this
kind
of
cultural
heritage
is
said
to
be
"transmitted
from
generation
to
generation,"
since
it
is
also
"constantly
recreated
by
communities
and
groups
in
response
to
their
environment,
and
their
interaction
with
nature
and
their
history."
The
relation
between
heritage
and
a
sense
of
identity
is
also
mentioned
as
follows:
this
kind
of
heritage
provides
human
beings
with
a
sense
of
identity
and
continuity,
thus
promoting
respect
for
cultural
diversity
and
human
creativity.
The
following
limitation
is
made
for
the
purposes
of
the
Convention:
"consideration
will
be
given
solely
to
such
intangible
cultural
heritage
as
is
compatible
with
existing
international
human
rights
instruments,
as
well
as
with
the
requirements
of
mutual
respect
among
communities,
groups
and
individuals,
and
of
sustainable
development":
“Intangible
cultural
heritage”
is
manifested
inter
alia
in
the
following
domains:
(a)
oral
traditions
and
expressions,
including
language
as
a
vehicle
of
the
intangible
cultural
heritage;
(b)
performing
arts;
(c)
social
practices,
rituals
and
festive
events;
(d)
knowledge
and
practices
concerning
nature
and
the
universe;
(e)
traditional
craftsmanship.
While
we
recognize
that
the
aforementioned
UN
Convention
(2003)
includes
musical
practices,
we
also
must
recognize
that
institutions
such
as
the
United
Nations
(with
its
normative
instruments)
are
imperfect,
and
this
declaration
may
be
regarded
as
merely
a
kind
of
idealistic
global
position
statement
rather
than
a
mandate
with
any
form
of
accountability.
Various
institutions
associated
with
the
United
Nations
have
faced
legitimate
criticisms
for
being
undemocratic
(e.g.,
often
just
a
few
states
are
allowed
to
use
power
in
decision-‐making)
and
ineffective
(e.g.,
offering
mere
recommendations
with
little
accountability
nor
incentives
or
penalties)
(e.g.,
Patomäki
&
Teivainen
2003).
Consequently,
the
declarations
of
such
institutions
often
remain
completely
unknown
to
school
teachers
and
appear
at
times
to
have
little
practical
impact.
However,
we
also
see
evidence
that
some
international
“soft
law”
treaties
have
produced
positive
results
in
terms
of
human
rights,
minority
rights,
and
children’s
rights.
Bearing
in
mind
our
earlier
discussion
about
the
commonalities
between
music
and
language,
and
how
music
is
also
a
critically
valuable
form
of
communicative
discourse
closely
linked
to
the
preservation
of
cultural
identity
and
heritage,
we
assert
that
there
is
just
as
valid
an
argument
supporting
the
advancement
of
relatively
stronger
forms
of
soft
law
treaties
for
music
as
for
language.
This
may
be
a
novel
assertion,
yet
one
that
we
find
to
be
philosophically
sound.
In
terms
of
the
national
cases
introduced
above,
relevant
examples
would
include
legal
efforts
to
promote
sustenance
of
hiva
kakala
songs
among
the
Tongan
15
migrant
community
of
New
Zealand,
of
samulnori
among
the
Zainichi
Koreans
in
Japan,
and
of
powwow
performance
among
various
Native
American
communities,
all
within
the
context
of
public
education.
Writing
from
Finland,
we
naturally
also
acknowledge
the
16
modicum
of
attention
currently
given
to
Sami
(Laplander)
music
traditions
in
some
Finnish
schools.
Protection
of
Cultural
Ownership
How
might
we
plan
the
development
of
an
international
network
capable
of
producing
meaningful
treaties
regarding
music
rights,
and
how
would
such
treaties
be
ratified,
implemented,
and
evaluated
with
accountability
mechanisms
based
on
the
abilities
of
each
signatory
nation?
Could
a
system
resembling
recent
developments
in
environmental
law
be
devised,
enabling
incentives
to
be
offered
to
nations
that
succeed
in
attaining
mutually
agreed
upon
standards
in
the
area
of
cultural
policy?
Such
questions
must
be
considered
in
light
of
the
fact
that
there
is
enormous
economic
inequality
among
nations,
and
some
have
far
greater
resources
than
others
by
which
to
enact
such
reforms.
However,
soft-‐law
treaties
would
be
flexible;
they
would
resemble
more
the
idea
of
"law
as
rhetorics"
than
hierarchical,
imperative
state-‐law.
Soft
law
allows
a
sociological
perspective
into
the
enactment
of
law:
a
discursive,
argumentative
view
of
norms
that
resemble
cultural
norms,
rather
than
imperatives
(Petersen
2005).
Does
soft
law
offer
sufficiently
effective
protection
of
minority
rights?
The
question
of
the
rights
of
minority
cultures,
and
how
to
protect
them,
is
relevant
in
France,
for
instance,
a
country
that
has
a
long
and
well-‐ known
tradition
of
enacting
national
legislation,
from
the
time
of
the
Code
Napoleon.
Breillat
(n.d.)
describes
the
situation
there
as
follows:
There
is
no
place
for
regional
languages
and
cultures
in
a
France
which
intends
to
put
its
mark
on
Europe,
said
President
Pompidou
on
June
14th,
1972,
in
Sarre-‐Union,
a
small
town
located
in
Alsace,
a
French
region
where
the
dialect
is
deeply
rooted
and
very
rich.
However,
ten
years
later,
President
François
Mitterrand
declared
in
Lorient,
the
Mecca
of
the
Breton
and
Celtic
culture:
“The
time
has
come
for
a
statute
of
the
languages
and
cultures
of
France
which
recognizes
in
them
a
true
existence.
The
time
has
come
to
open
the
doors
of
schools,
of
radio
and
television
in
order
to
allow
their
diffusion
and
to
give
them
the
place
they
deserve.”
As
we
can
see,
national
legislation
may
be
used
to
protect
minority
cultures,
and
17
promote
their
status
within
a
state,
or
politicians
may
sometimes
advocate
the
opposing
position.
Compared
with
soft
law,
this
kind
of
law
is
usually
felt
to
be
a
more
effective
way
of
securing
activities
and
the
rights
of
minority
cultures.
A
discursive
view
on
rights
to
"one's
own
music"
leads
to
the
notion
that
in
contemporary
multicultural
societies
it
may
be
very
difficult
to
know
what
actually
qualifies
as
"one's
own
music."
Different
musical
genres
are
mixed;
a
process
of
fusion
is
continuously
ongoing
(Eskola
2009,
34-‐35).
Sometimes
it
is
even
difficult
to
determine
who
can
be
counted
as
representative
of
a
particular
minority
group
since
children
may
have
one
parent
from
a
majority
culture,
while
the
other
identifies
with
a
minority
group.
Moreover,
as
the
example
of
Finland
shows,
when
special
state
financial
support
is
allocated
specifically
to
immigrant
artists
to
support
their
artistic
activity
(and
to
promote
their
integration
into
the
Finnish
society),
such
practices
may
in
time
be
criticized
by
immigrant
artists
themselves;
many
resist
the
idea
of
being
granted
support
based
on
their
minority
status
as
opposed
to
their
expertise
and
talent
in
the
arts
(Kuusisaari
2009a,
5).
Moreover,
an
ensemble
specializing
in
Arabic
music
in
Finland
is
said
to
perform
Arabic
music
more
"purely"
than
this
music
is
performed
nowadays
in
Arabic
countries;
so,
Arabic
musicians
might
conceivably
ask
a
Finnish
musician
how
to
authentically
play
"their
own
music".
Presently,
a
music
school
in
Vantaa
(Finland)
is
planning
to
offer
a
programme
in
18
Arabic
music
taught
by
members
of
the
aforementioned
ensemble
(Kuusisaari
2009b).
This
means
that
an
ongoing
discussion
may
determine
what
is
regarded
as
"pure"
music
of
a
minority
group,
and
that
this
music
may
be
performed
not
only
by
minorities
themselves
but
also
by
representatives
of
the
majority
groups
in
a
society.
In
contemporary
multicultural
societies,
facing
the
conditions
of
globalization,
to
what
extent
is
there
still
a
need
to
protect
minority
rights,
and
by
what
means?
We
will
next
shed
some
light
on
soft
law
instruments
that
aim
to
protect
minority
rights
in
this
field.
Specific
International
Declarations,
Charters,
Conventions
Declarations,
conventions,
and
charters
are
all
used
by
the
United
Nations
and
its
affiliated
organizations.
A
declaration
is
an
official
statement,
and
a
charter
or
convention
is
a
document
based
on
the
official
position
or
intentions
of
an
organization,
which
may
or
may
not
be
ratified
by
the
state,
thus
in
actual
practice
absent
ratification
there
is
often
little
noticeable
difference
between
these
kinds
of
documents,
which
are
variously
defined.
Such
documents
are
regarded
as
instruments
of
soft
law,
as
defined
above.
We
will
now
consider
the
implications
of
some
relevant
legal
developments
in
this
area,
specifically
one
United
Nations
convention,
a
United
Nations
declaration,
a
UNESCO
Convention,
and
a
charter
of
the
Council
of
Europe.
United
Nations
Convention
on
the
Rights
of
the
Child
In
1989,
a
convention
was
adopted
by
the
UN,
entitled
United
Nations
Convention
on
the
Rights
of
the
Child
(United
Nations,
1989).
This
convention
(which
followed
the
Declaration
of
the
Rights
of
the
Child)
aims
to
protect
the
rights
of
children
(i.e.,
persons
under
the
age
of
18).
The
convention's
54
articles
cover
numerous
issues
relevant
of
the
life
of
each
child
in
the
world,
including
rights
to
life,
education,
health,
etc.
Several
of
its
articles
are
closely
connected
with
education,
and
it
has
even
been
stated
that
aims
in
the
United
Nations'
declarations
may
serve
as
the
fundamental
legal
basis
for
education
in
all
fields.
The
following
articles,
in
particular,
are
connected
with
music
education:
The
third
article,
including
the
principle
of
the
best
interest
of
the
child,
is
applied
especially
in
matters
concerning
children,
and
has
been
applied
in
music
education.
This
principle
(one
of
the
fundamental
principles
in
child
law)
states
that
"in
all
actions
concerning
children,
whether
undertaken
by
public
of
private
social
welfare
institutions,
courts
of
law,
administrative
authorities
or
legislative
bodies,
the
best
interests
of
the
child
shall
be
a
primary
consideration."
This
principle
resembles
the
principle
of
"a
good
relationship
to
music,"
one
of
the
key
principles
in
the
Finnish
framework
curricula
for
basic
arts
education
in
music.
The
child's
best
interests
principle
has
been
adopted
in
some
Swedish
cultural
schools
referring
to
a
flexible,
child-‐centered
education
in
music
that
takes
into
19
account
the
needs
of
every
child
(Heimonen
2002).
The
fourth
article
promotes
the
cultural
rights
of
children,
and
article
27
says
that
children
have
the
right
to
a
standard
of
living
adequate
to
the
spiritual,
mental
and
social
development
of
each
child.
Article
29
is
of
special
interest
of
the
viewpoint
of
music
education
since
it
states
that
education
should
be
directed
to
promote
the
development
of
the
child's
talents
and
personality
to
their
fullest
potential.
Article
30
is
of
relevance
especially
regarding
ethnic,
religious
or
linguistic
minorities.
It
indicates
that
states
must
ensure
minority
children
have
the
right
to
enjoy
their
own
culture
and
to
practice
their
own
religion
and
use
their
own
language.
According
to
article
31,
children
have
the
right
to
rest
and
leisure
and
to
engage
in
recreational
activities
appropriate
to
their
age.
Moreover,
this
article
secures
the
rights
of
children
to
participate
freely
in
cultural
life
and
the
arts.
Equal
opportunities
to
cultural,
artistic,
recreational
and
leisure
activities
are
to
be
encouraged
by
the
states.
This
Convention
celebrates
its
20th
anniversary
this
year
with
various
events
in
schools,
for
instance,
promoting
the
right
of
each
child
to
express
oneself
and
to
take
part
in
cultural
activities
(Eurochild,
n.d.).
This
convention
is
often
discussed
by
Japanese
music
educators,
both
in
music
curricula
and
research
publications,
and
it
similarly
receives
some
attention
in
New
Zealand
schools,
but
there
appears
to
be
little
evidence
of
its
impact
on
North
American
music
education.
European
Charter
for
Minority
and
Regional
Languages
In
1992,
the
Council
of
the
European
Union
adopted
a
landmark
charter
recognizing
20
the
importance
of
respecting
and
preserving
minority
languages
across
Europe
(Council
of
Europe,
1992).
Promotion
of
minority
languages
is
seen
as
an
important
contribution
to
principles
of
democracy
and
cultural
diversity
within
this
unique
document.
Article
1
defines
the
concept
"regional
or
minority
languages"
to
mean
languages
that
are
traditionally
used
(a)
within
a
state
(b)
by
nationals
of
that
state
(c)
who
form
a
group
numerically
smaller
than
the
rest
of
the
state's
populations;
and
(d)
that
these
languages
are
different
from
the
official
language(s)
of
that
state.
However,
article
1
does
not
include
dialects
of
the
official
languages
mentioned
above,
nor
does
it
include
languages
of
migrants.
Education
is
included
in
Article
8,
in
which
pre-‐school,
primary,
secondary,
vocational,
higher,
and
adult
and
continuing
education
are
mentioned,
and
the
right
to
receive
such
education
in
the
relevant
regional
or
minority
language
is
secured.
How
could
21
this
Charter
affect
minorities'
rights
to
music
education?
The
relevance
for
music
education
of
this
kind
of
charter
protecting
minority
rights
will
be
one
of
the
questions
for
future
research,
since
the
cases
mentioned
above
are
taken
from
outside
of
Europe.
United
Nations
Declaration
on
the
Rights
of
Indigenous
Peoples
In
2007,
the
UN
developed
and
voted
upon
its
United
Nations
Declaration
on
the
Rights
of
Indigenous
Peoples
(United
Nations,
2007).
At
this
time,
143
Member
States
voted
in
favor,
with
11
abstaining
and
four
–
Australia,
Canada,
New
Zealand
and
the
United
States
–
voting
in
opposition
to
the
declaration.
The
relevance
for
music
education
will
be
examined
in
future
research.
This
Declaration
promotes
"the
individual
and
collective
rights
of
indigenous
peoples."
It
aims
to
secure
their
rights
to
culture
and
education
and
emphasizes
their
rights
to
maintain
and
strengthen
their
own
institutions,
cultures
and
traditions.
On
one
hand,
it
promotes
their
full
and
effective
participation
in
all
matters
that
concern
them,
and
on
the
other
hand,
it
promotes
their
right
to
remain
distinct.
Educational
rights
are
promoted
in
Article
14,
according
to
which
these
peoples
have
the
right
to
establish
their
educational
institutions
providing
education
not
only
in
their
own
languages
but
also
in
a
manner
appropriate
to
their
own
cultural
methods
of
teaching.
Children,
in
particular,
have
the
right
to
public
education,
including
the
right
to
an
education
in
their
own
cultural
heritage.
Article
18
supports
these
peoples’
rights
to
participate
in
decision-‐making,
and
to
maintain
as
well
as
develop
their
own
decision-‐ making
bodies.
Article
24
aims
to
secure
indigenous
peoples
rights
to
their
traditional
medicines
and
health
practices,
and,
on
the
other
hand,
their
equal
rights
to
receive
the
highest
attainable
standard
of
physical
and
mental
health.
Spiritual
rights
are
promoted
in
Article
25,
and
the
right
to
lands
and
territories
in
Article
26.
Visual
and
performing
arts
are
mentioned
in
Article
31,
according
to
which
indigenous
peoples
have
the
right
to
maintain,
control,
protect
and
develop
their
traditional
cultural
expressions,
as
well
as
manifestations
of
their
cultural
heritage,
including
oral
traditions
and
performing
arts.
As
mentioned
earlier,
the
only
four
nations
that
opposed
this
declaration
were
major
western
powers
in
which
highly
significant
populations
of
indigenous
peoples
may
be
found.
Despite
the
position
taken
by
the
governments
of
New
Zealand
and
the
United
States,
various
indigenous
people’s
organizations,
especially
the
World
Indigenous
Nations
Higher
Education
Consortium
(WINHEC),
have
been
active
in
promoting
research
and
policy
writing
that
supports
reconsideration
of
this
declaration
within
non-‐signatory
nations.
In
recent
decades,
as
the
population
of
Ainu
have
dwindled
to
such
an
extent
that
cultural
survival
becomes
a
genuine
concern,
the
Japanese
government
has
instituted
more
programs
to
support
these
indigenous
people
of
its
far
Northern
territories.
Similar
programs,
including
arts-‐related
projects,
have
been
instituted
for
Okinawans
in
the
22
southernmost
reaches
of
the
Japanese
archipelago,
but
Zainichi
Koreans
appear
to
have
not
yet
received
a
significant
form
of
similar
recognition.
UNESCO
Convention
for
the
Safeguarding
of
the
Intangible
Cultural
Heritage
Education
is
also
mentioned
in
the
UNESCO
Convention
for
the
Safeguarding
of
the
Intangible
Cultural
Heritage
(UNESCO,
2003).
According
to
its
Article
14,
each
state
party
shall
endeavour,
by
all
appropriate
means
to
ensure
respect
for
the
intangible
cultural
heritage
in
society,
in
particular
through
educational
and
training
programmes
within
the
communities
and
groups
concerned.
The
Convention
(2003)
acknowledges
that
“the
processes
of
globalization
and
social
transformation,
alongside
the
conditions
they
create
for
renewed
dialogue
among
communities”
include
both
opportunities
and
“grave
threats”
that
include
“destruction
of
the
intangible
cultural
heritage.”
It
also
states
that
"communities,
in
particular
indigenous
communities,
groups
and,
in
some
cases,
individuals,
play
an
important
role
in
the
production,
safeguarding,
maintenance
and
recreation
of
the
intangible
cultural
heritage,
thus
helping
to
enrich
cultural
diversity
and
human
creativity.”
In
China,
the
Uyghur
Mukam
Music
of
Xinjiang
has
reportedly
received
additional
support
through
its
formal
acknowledgement
via
nomination
to
this
convention
(Editorial,
2005).
The
relevance
of
this
convention
for
music
education
in
various
nations
certainly
appears
to
require
examination
in
future
research.
23
Problems
of
Practical
Application
in
Music
Education
The
challenges
associated
with
applying
the
aims
and
recommendations
of
the
aforementioned
conventions
in
music
education
are
related
to
the
fact
that
very
few
teachers
are
aware
of
these
conventions.
Teachers
generally
appear
to
be
unaware
of
their
existence,
and
therefore
have
no
opinions
on
the
contents
of
these
conventions.
Even
if
we
assert
that
the
aims
in
these
conventions
is
to
some
extent
described
more
specifically
in
special
by-‐laws
of
international
societies,
such
as
of
the
International
Society
for
Music
Education,
information
even
in
this
form
appears
to
only
seldom
reach
the
musical
and
educational
practice
in
schools
and
studios.
If
information
is
offered,
teachers
may
not
have
knowledge
or
experience
of
how
to
adapt
and
apply
these
conventions
in
practice,
although
there
might
be
several
justifications
and
rationales
to
be
adapted
into
music
education
if
they
were
known
by
teachers
and
educational
administrators.
Included
above
are
a
United
Nations
convention,
a
United
Nations
declaration,
a
24
UNESCO
convention,
and
a
European
Commission
charter.
These
documents
are
examples
of
soft
law
instruments
that
might
have
relevance
for
music
education.
Obviously,
the
European
document
is
only
applicable
to
Europe,
yet
some
features
of
this
document
and
its
enactment
may
have
enabled
its
effects
to
be
felt
relatively
strongly
in
comparison
with
the
other
documents
mentioned
here.
The
United
Nation's
Convention
on
the
Rights
of
the
Child
has
some
relevance
for
music
education
in
the
Nordic
countries,
for
instance.
In
fact,
the
example
of
the
influence
of
this
principle
in
Finland
might
show
how
soft
law
may
become
binding
when
the
principles
of
it
are
included
in
national
legislation
or
national
guidelines
and
framework
curricula.
Concluding
Remarks
As
ethnomusicologist
Martin
Stokes
(1994)
has
observed,
“music
is
socially
meaningful
not
entirely
but
largely
because
it
provides
means
by
which
people
recognize
identities
and
places,
and
the
boundaries
which
separate
them”
(p.5).
In
our
view,
this
prominent
feature
of
musical
meaning
resonates
with
a
salience
that
particularly
striking
for
indigenous
people,
including,
for
example,
the
Sami
of
the
Nordic
region
(Todal,
2003).
Although
it
appears
that
ethnic
minorities
in
many
nations
arguably
have
a
right
to
receive
instruction
in
“their
own”
music,
at
the
same
time
we
must
recognize
that
musical
traditions
are
constantly
evolving
and
fusing
through
rapid
globalization,
and
there
is
an
obligation
to
offer
an
array
of
global
musics
in
education
to
the
extent
that
this
is
realistically
possible.
Again,
this
would
bring
music
instruction
more
closely
into
line
with
25
the
model
of
foreign
language
instruction
offered
in
schools.
English
is
typically
offered
as
a
major
international
language,
comparable
in
some
ways
to
contemporary
popular
music
and
European
classical
art
music.
However,
some
schools
may
also
offer
Chinese,
Spanish,
or
Arabic:
languages
which
open
a
new
world
of
opportunities
to
students
(much
like
music
from
Africa
or
India),
or
schools
may
even
offer
instruction
in
a
basic
topic
such
as
mathematics
in
Swedish,
Sami,
or
Russian
language,
for
example,
so
students
may
simultaneously
preserve
knowledge
of
their
native
tongue
while
learning
new
material.
This
may
be
compared
with
other
cultural
immersion
programs
in
which
traditional
songs
play
a
vitally
important
role
as
part
of
the
rituals
of
school
culture.
Education
is
mentioned
in
the
United
Nations
Convention
on
the
Rights
of
the
Child
(Art.
24),
and
its
articles
open
the
door
to
national
legislation
of
the
countries
that
have
ratified
it.
Although
music
is
not
directly
mentioned,
some
music
schools
in
Sweden
have
referred
to
the
principles
of
this
Convention.
(UN
Convention
1989;
Nilsson
2006;
Heimonen
2008.)
In
theory,
children
appear
to
have
some
rights
of
access
to
music
related
activities,
yet
in
actual
practice
it
is
unclear
in
each
of
these
nations
whether
the
rights
of
adults
(e.g.
teachers,
parents,
state
officials,
etc.)
are
taking
precedence
over
those
of
children.
Article
13
of
the
United
Nations
Declaration
on
the
Rights
of
Indigenous
Peoples
from
2007
states
that
Indigenous
peoples
have
the
right
to
revitalize,
use,
develop
and
transmit
to
future
generations
their
histories,
languages,
oral
traditions,
philosophies,
writing
systems
and
literatures,
and
to
designate
and
retain
their
own
names
for
communities,
places
and
persons.
States
shall
take
effective
measures,
whenever
any
right
of
indigenous
peoples
may
be
threatened,
to
ensure
this
right
is
protected.
Here
we
would
interpret
“oral
traditions”
as
including
music,
since
this
category
is
listed
directly
after
“languages.”
Research
on
musical
practices
throughout
the
world
has
clearly
demonstrated
the
extent
to
which
music
is
inextricably
connected
to
language
and
culture
in
traditional
societies,
which
brings
us
directly
to
our
conclusions.
26
Coda:
IRME
Strategy
We
will
conclude
by
proposing
our
initial
sketch
of
a
tripartite
model
for
supporting
the
objectives
of
pluralism
and
minority
rights
in
music
education
through
international
research
and
policy
development:
the
Information-‐Sharing,
Research
and
Music
Education
Strategy,
or
"IRME
Strategy".
1.
Information
One
of
the
most
important
means
for
enhancing
the
influence
of
soft
law
is
to
systematically
inform
both
policy-‐makers
and
the
public
about
existent
declarations
and
guidelines.
United
Nations
organizations
(e.g.
UNESCO)
have
criticized
Finland,
for
instance,
for
not
having
widely
disseminated
information
regarding
its
Convention
on
Children's
Rights.
It
seems
important
to
determine
the
extent
to
which
musicians,
professors,
and
music
pedagogues
even
know
about
the
contents
of
UN
conventions
that
are
related
to
music.
Moreover,
authorities
of
National
Boards
and
Ministries
of
Education,
state
authorities
and
municipalities
that
are
responsible
for
both
cultural
policy
and
financial
backing
of
the
arts
and
education
should
be
provided
information
on
soft
law
treaties
related
to
music
and
related
arts.
This
issue
is
particularly
a
challenge
for
enormous
nations,
such
as
the
United
States,
in
which
educational
policy
is
mostly
decided
at
the
local
rather
than
national
level.
Innovative
procedures
that
make
use
of
the
latest
27
technologies
may
need
to
be
developed
for
the
wider
dissemination
of
relevant
information
in
this
field.
Development
of
a
Virtual
Center,
for
example,
with
formal
relationships
to
relevant
organizations
and
educational
boards,
appears
to
be
an
especially
promising
proposition
that
could
harness
the
latest
technologies
for
information-‐sharing,
leading
to
measurable
improvements
in
this
area.
2.
Research
Systematic
research
is
sorely
needed
on
music
education
practices
among
minority
cultures
with
particular
attention
to
this
complex
issue
of
music
rights.
Moreover,
research
is
needed
on
the
effects
of
various
soft
law
treaties
on
music
and
others
arts.
How
is
"intangible
cultural
heritage"
interpreted
in
practice
in
various
societies,
for
instance?
The
content
of
soft
law
treaties
seem
to
include
numerous
aims
that
are
admirable
in
theory,
yet
little
is
known
regarding
their
actual
effects
in
practice.
Specific
themes
that
require
further
research
include
the
following:
Under
the
conditions
of
globalization,
how
do
changing
patterns
of
migration,
new
media
technologies,
and
cultural
hybridity
affect
the
musical
identities
of
minority
youth
in
schools?
In
what
ways,
and
to
what
extent,
do
the
legal
and
educational
systems
of
contemporary
societies
contribute
to
the
sustainability
of
both
mainstream
and
minority
musical
traditions?
Research
findings
must
also
be
more
effectively
communicated
to
the
public,
which
is
why
this
Research
branch
of
the
IRME
Strategy
naturally
integrates
with
the
aforementioned
Information-‐Sharing
branch,
particularly
through
the
use
of
new
technologies
that
enable
rapid
and
global
dissemination
of
ideas
through
the
internet.
3.
Music
Education
Music
education
at
all
levels
-‐
namely,
guidance
and
effective
support
for
innovation
28
that
engenders
measurable
improvements
to
the
actual
practice
of
music
teaching
and
learning
-‐
is
one
of
the
most
vital
aspects
of
this
strategy.
Music
education
requires
creative
innovation
in
order
to
remain
relevant
to
the
contemporary
world,
and
dissemination
of
information
and
rigorous
research
is
necessary
in
order
to
provide
robust
foundations
by
which
to
guide
systemic
curricular
and
pedagogical
improvements
that
serve
to
strengthen
the
practice
of
music
education
(Schippers,
2009).
In
higher
music
education,
particularly
in
the
education
of
professional
musicians
and
in
music
teacher
training,
the
contents
of
soft
law
treaties
–
at
least
the
most
important
ones
–
may
need
to
be
explicitly
discussed
with
students.
In
fact,
it
is
the
teachers
that
in
many
cases
will
apply
these
treaties
in
practice,
in
classrooms
and
studios,
if
these
documents
are
to
be
of
any
practical
value.
Moreover,
in
the
education
of
future
cultural
administrators
and
politicians,
and
in
arts
management,
it
is
most
important
to
provide
reliable
knowledge
of
soft
law.
This
is
partly
because
convincing
justification
for
investment
in
the
arts
can
be
found
within
these
international
conventions.
As
a
conclusion,
further
research
and
policy
development
is
sorely
needed
on
music
education
practices
among
minority
cultures
with
particular
attention
to
this
complex
issue
of
music
rights.
Due
to
the
inherent
epistemological
threats
associated
with
the
interpretation
of
diverse
studies,
we
propose
that
future
studies
in
this
field
would
best
be
implemented
in
a
coordinated
fashion
with
unified
methodologies
and
analytical
procedures,
in
the
context
of
carefully
designed
international-‐comparative
projects.
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Authors’
Note:
The
first
version
of
this
paper
was
presented
at
the
Beyond
Musicology
conference
in
Turku,
Finland
(University
of
Turku,
27
March
2009).
We
would
like
to
express
our
sincere
thanks
for
the
insightful
comments
of
audience
members,
particularly
Tia
DeNora
and
Richard
Leppert.
34