1. PhD Confirmation
SAFEGUARDING TRADITIONAL KNOWLEDGE (TK)
IN HEALTH AND WELLBEING IN SRI LANKA
AS INTANGIBLE CULTURAL HERITAGE
Nirekha De Silva,
PhD Candidate,
Griffith Law School, Griffith University
1 November 2013

2. Contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
2/41
Introduction
Objectives
Research Questions
Where the Questions came from?
Why the Research Questions are important?
How the Research Questions are Addressed?
Table of Contents
Outputs
Time Frame

3. 3/41

4. 4/41

5. 5/41
Forceps with long handle
Scalpel with wooden
handle
Scissors with thick metal
handle

6. Health & Wellbeing:
The Scope of the Study
6/41
Health and
Wellbeing
Healing
Traditional
Indigenous
Rituals
Traditional
Forecasting
Indigenous

7. Traditional Healing

Ayurveda

Siddha

Unani

Homeopathy

Acupuncture

Vedic Alchemy

Spiritual Healing
7/41

8. Vedic Alchemy
of Rasa (‘ර ’)
ර
Medical System
8

9. Indigenous Healing

Physicians (Sarvanga)

Telepathic Healing

Orthopedics (Kadum Bidum)

Neuro-Psycho Immunity

Eyes

Accu Pressure (Nila)
(Natural Therapy)

Cancer (Pilika)

Paralysis (Ansha Baga)

Poison (Visa)

Endocrine Therapy

Behavioral Therapy

Headache (Iru Rudawa)

Indigenous Healing of
Vaddha Community

Diabetes (Diya Wadiya)

Cholesterol

Pressure
9/41

10. Keraminiya Sarwanga
(Physicians)
10/41

11. Kadum Bidum (Orthopedics)
11/41

12. 12/41
Indigenous Healing of
the Vaddha Community

13. Traditional Rituals

Meditation

Pirith

Yoga

Perehera
13/41

14. Indigenous Rituals

Bodhi Pooja

Protection from Evil
Eyes and Evil
Mouth (Ass Vaha
Kata Vaha
Mathirima)

Vows

Shanthi Karma

Charms and
Amulets
14/41

15. Indigenous Rituals

Tovil

Hethme Ritual

Kem Krama

Sound Therapy (Seth
Kavi, Beating of
Drums)

Exorcism
15/41

16. Video : Exorcism
16/41
Spirit healer in action, Tissawewa, Anuradhapura
Filmed by Nirekha, July 2013

17. Forecasting
• Astrology
• Power of Spirits
• Palm Reading
• Pancha Bello
Nimithi
• Biological
Indicators
17/41

18. 2. Objectives
18/41
 Identify current situation of TK in health (mental and
physical) and wellbeing.
 Analyze the applicability and impact of prevailing
international and national instruments in protecting
TK in health and wellbeing in Sri Lanka.
 Examine the role and the impact of Government
institutions and NGOs actions related to
safeguarding TK.
 Identify effective ways of safeguarding TK in health
and wellbeing as ICH in Sri Lanka.

19. 3. Research Questions
19/41
i.
What is the Current Situation of TK in Health
and Wellbeing?
ii.
What is the Role of Int’l and National
Instruments in Protecting TK in Health and
Wellbeing?
iii.
How Can We Protect TK in Health and
Wellbeing?

20. 3. Research Questions
20/40
i.
What is the Current Situation of TK in Health
and Wellbeing?

The main types of TK and TK Holders related to health and
wellbeing in Sri Lanka

The role of TK in healing and wellbeing in the country;

How TK shared, transmitted inter-generationally?

What bodies of TK is facing the threat of extinction and what are
the main underlying reasons?

Which TK are hegemonic knowledge?

In what ways are TK and based products being used
commercially?

Whether it is currently being accessed by third parties?

What are the main TK-related concerns and objectives expressed
by different groups of stakeholders?

21. 3. Research Questions
ii.
21/40
What is the Role of Int’l and National
Instruments in Protecting TK in Health and
Wellbeing?

Why should we legally protect TK?

What are the applicable International laws?

What are the measures taken in applying the laws in protecting
TK in health and wellbeing in Sri Lanka?

What role do customary laws play with regard to traditional
knowledge and how effective is it?

How might Sri Lanka overcome the limitation with national sui
generis systems to protect traditional knowledge.

22. 3. Research Questions
iii.
22/40
How Can We Protect TK in Health and
Wellbeing?

Sri Lanka should use intellectual property tools, which is largely a western
form of protection, to advance the development strategy?

Who are the main stakeholders?

What are Government, NGO and Individual initiatives?

How proactive are the national and local governments in preserving TK
related to health and wellbeing?

To what extent is there debate in the country?

How do interested stakeholders currently network?

What efforts have been made to document traditional knowledge?

What is the effectiveness of existing systems of protection?

What are the interactions between traditional practitioners & modern
scientists?

23. 4. Where the Questions
Came from?
22/40

Threat of extinction of TK due to colonization,
globalization and homogenization

The very process of legitimizing Western knowledge
in South Asia has resulted in de-legitimizing the rich
heritage of traditional knowledge.

Loss of TK due to colonial policies of administration

24. 4. Where the Questions
Came from?

To improve the lives of TK holders
and communities who depend
on TK for their livelihoods, health
and wellbeing.

To increase performance by
enabling greater commercial
use

To increase exports of TK-related
products

To ensure cultural diversity and
wellbeing of communities
23/40

25. How Could TK be Safeguarded?

Identification

Documentation

Research

Preservation

Protection

Promotion

Enhancement

Transmission

Revitalization
24/40

26. Role of International bodies in
safeguarding traditional knowledge
26/40
The Rights of
the Indigenous
People
• International Labour Organization (ILO)
• United Nations Commission on Human Rights (UNCHR)
• UN Permanent Forum on Indigenous Issues
Bio-Diversity
• Convention on Biological Diversity (CBD)
• International Treaty on Plant and Genetic Resources on
Food and Agriculture
Intellectual
Property
• Intergovernmental Committee on Intellectual Property and
Genetic Resources, Traditional Knowledge and Folklore (IGC)
of the World Intellectual Property Organization (WIPO)

27. Role of International bodies in
safeguarding traditional knowledge
27/40
Trade and
Development
• United Nations Conference on Trade and
Development (UNCTAD)
• UN World Summit on Sustainable Development 2002
Resource
Management
and
Development
• United Nations Economic Social Cultural
Organization (UNESCO), Local and Indigenous
Knowledge Systems (LINKS)
Research,
Teaching, Policy
Development
• United Nations University (UNU), Institute of
Advanced Studies, Traditional Knowledge Initiative

28. Government Indigenous Medical
System
27/40
Ayurveda Medical
Council
Department
of Ayurveda
Ministry of
Indigenous
Medicine
Ayurveda
Drug
Corporation
National Institute of
Traditional
Medicine
Bandaranaike
Ayurveda
Research Institute
Herbal Gardens
Hospitals and
Dispensaries

29. 5. Why the Research
Questions are Important?
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The Questions try to address the prevailing issues
in safeguarding traditional knowledge.
Country level







Defining Traditional and Indigenous healing systems
Recognizing diverse healing methods
Regulation of healing methods
Systematic researching, documenting and training on indigenous
healing
Implementing proper assessing systems
Accreditation of the indigenous healers
Unearth any debates or disagreements about TK

30. 5. Why the Research Questions
are Important?
30/40
International level

most of the programmes developed by Western
Policy Makers

little consultation with the traditional knowledge
bearers and policy makers in the developing
countries.

the views and issues of Sri Lankans are not
adequately represented at international level and
are not properly reflected in policy making.

31. 31/40
6. How the Research
Questions are Addressed?
1.
APPROACH
2.
METHODOLOGY
3.
DELIMITATIONS

32. Approach
Post-Colonial Theory
Theoretical
Historical, Current National Laws and
Policies, International laws
Legal
Institutional
Ethical
32/40
Int’l, Government, Non-Government,
Private Companies, Individual
Griffith University Ethics
Approval from Ministry of Indigenous Medicine

33. Methodology Research Tools
32/40

Literature Review - Neuman, W. L.(2000) Chapter 16:
P. 440-480

Content Analysis - Neuman (2000) P. 292-294; Holsti,
Ole R. (1968); Stone, Phillip et al. (1966)

Discourse Analysis - Cutting J. (2002)

Participant Observation - Lofland, John. (1974);
Lofland, John and Lyn H. Lofland (1995); Neuman W.
L. (2000): Ch 14; Smith, L. W. (1978)

34. Methodology Research Tools

33/40
Case Studies
1.
Government Indigenous Medical System,
2.
Traditional and Indigenous Healing
Practices and Medicine
3.
Traditional and Indigenous Healing Rituals
and Mental Health Care Practices.
(Abramson, P. R. (1992), Smith, L. W. (1978), Stake, R. E. (1994))

35. Methodology -
34/40
Research Tools

Key Informant Interviews - Neuman (2000)

Semi- Structured Interviews – Babbie, E. R. (2010)

Dialogue over Research Findings (Workshop)

36. Delimitations
Availability of Information
 Access
 Multiculturalism and Language
Barriers
 Consent and Information Sharing
 Not an Anthropological Study
 Not specifically an Intellectual
Property thesis

36/40

37. 7. Draft Table of Contents
36/40
Introduction
1.
Framework & Methodology
2.
Traditional Notions of Health & Wellbeing
3.
TK of Health & Wellbeing as Cultural Heritage: PostColonial Interpretation
4.
The Impact of the Int’l Laws, Regulations, Policies &
Mechanisms in Protecting TK in Health & Wellbeing
5.
Does the Sri Lankan Government Framework Protect TK in
Health and Wellbeing Effectively?
6.
Traditional Healing Practices: Struggle for Survival
7.
Vanishing Philosophy and Art of Mental Health Care
Conlusion: Issues in Safeguarding TK in Health and Wellbeing

38. 8. Outputs to Date
38/40
Interviews - 93
Draft Chapters – Introduction, 1, 2, 3, 4
Conference Presentations
• Ananda Coomaraswamy Memorial Conference on Asian Art and Culture, University of
Kelaniya (8-10 September 2012) on Revival of Oriental Traditional Knowledge in Arts and
Crafts: Role of Ananda Coomaraswamy
• South Asian Association for Regional Corporation (SAARC) Regional Seminar on
Traditional Knowledge and Traditional Cultural Expressions of South Asia, Sigiriya (29-30
April 2013) on Sri Lanka's Traditional Knowledge and Traditional Cultural Expressions of
Health and Wellbeing: History, Present Status and the Need for Safeguarding
• Early Candidature Milestone (February 2013) Griffith University
Publications
Sri Lanka's Traditional Knowledge and Traditional Cultural Expressions of Health and
Wellbeing: History, Present Status and the Need for Safeguarding . SAARC Monograph
on Traditional Knowledge and Traditional Cultural Expressions of South Asia. SAARC
Cultural Centre

39. Expected Outputs

39/40
Publish six papers in International Journals 
Traditional Notions of Health and Wellbeing

Traditional Knowledge of Health and Wellbeing as Cultural
Heritage: Post-Colonial Interpretation

The Impact of the International Laws, Regulations, Policies and
Mechanisms in Protecting Traditional Knowledge in Health and
Wellbeing

Does the Sri Lankan Government Framework Protect Traditional
Knowledge in Health and Wellbeing Effectively? Analysis of the Role
and the Impact of the National Laws and Structure in Place

Traditional Healing Practices: Struggle for Survival

Vanishing Philosophy and Art of Mental Health Care

Present at two International Conferences

Publish a book on ‘Healers and Healing’ (International Publisher)

40. 9. Time Frame
Activity
39/40
Time Frame (Months)
1-6
Developing the Research Design
X
13-18 19-24
25-30
X
X
X
X
31- 36
X
X
Literature Review , Content Analysis,
Discourse Analysis
Developing Tools- Interview/ Case
Study/ Focus Group Discussions/
Survey
Fieldwork in Sri Lanka
(Interviews, Case Studies)
7-12
X
X
Confirmation of the PhD
X
Fieldwork in Sri Lanka (Workshop)
X
Analyzing the Findings
Writing the Thesis
X
X
X
X
X
X
X
X

41. Special Thanks to My Supervisors
41/40
Prof. Fiona Kumari Campbell
Principal Supervisor
Associate Professor in Law, Griffith Law School, Griffith
University, Queensland, Australia.
Dr. Jay Sanderson
Associate Supervisor
Lecturer, Griffith Law School, Griffith University, Queensland,
Australia
Dr. Sinharaja Tammita-Delgoda
External Supervisor
Historian & Art Historian. Authority on the History, Culture, Traditions of Sri Lanka