Let custodians of Maasai culture reap the benefits

By Erick Wamanji

A mortified silence suddenly fell over our animated chatter. Joash ole Moi’s fingers trembled as he placed his mug of coffee on the oak table; his eyes trailed a couple – a young African man and an elderly white lady. The young man was draped in the characteristic Maasai checked shuka, his hair plaited and smeared with red ochre. He wore brown plastic shoes, white socks, and walked with a forced spring. Hand in hand they vanished into the coffee shop.

"That man is not a Maasai," ole Moi mumbled. His lips quivered and there was pain in his voice. "He dressed like that to win over the lady. It’s sad to see how our culture is being exploited for selfish gains," he lamented.

His evening was ruined. He wonders why the Maasai are looked at as primitive, yet their culture has become a means to an end for individuals and companies. Cases of opportunistic lads who impersonate Maasai morans are commonplace, especially at the Coast.

Ole Moi is incensed that the corporate sector has twisted the culture’s artistic marvels into a multi-billion venture in disregard of the community’s feelings and opinions.

There are award-winning commercials galore that gleefully exploit the "Maasai Effect." But it is the hospitality industry that is flamboyant – in this realm, anything Maasai sells. Original and potent, Maasai culture captures imagination in such an irresistible spell that even recently manufacturers of the Land Rover rolled out two brands: Freelander Maasai, and Freelander Maasai Mara.

Culture is now tagged with a price. The more unique the culture, the more prone it is to exploitation. Some postcard makers have the nyika (plains) and women wearing bedecked beads whose pendulous ear lobes dangle hulking trinkets; men with red ochre heads, a red shuka, a sword at the waist and a posture of one leg resting on another – the Brand Maasai.

Intellectual property

Now, a section of the community wants this ‘exploitation’ to stop. If the crusade triumphs, anybody wanting to use the Maasai culture or artefacts for commercial gain would have to pay royalties.

Maasai moran undergo a rite of passage.

"We’re unhappy with the commercialisation, stereotyping and misrepresentation of the Maasai culture by the corporate sector. It’s wrong, even immoral to ride on a culture whose custodians have not been consulted," says Johnson ole Kaunga, of the Maasai Cultural Heritage Foundation (MCHF).

Ole Kaunga regrets the State has done nothing to protect the Maasai heritage from "mindless capitalists."

Kaunga has filed a case at the World Intellectual Property Organisation (Wipo) in Geneva, Switzerland where his organisation is a member. The foundation is an accredited member of Wipo’s intergovernmental committee on intellectual property and genetic resources, traditional knowledge and folklore.

The fight with Britain over kikoi and the loss of kiondo patent to Japan in 2006 has stirred the Government to action.

The National Copyright Board has established a taskforce to come up with recommendations of how to protect intellectual property rights not only of the Maasai but all communities.

"The task force is mandated to find out how best the Government can protect traditional knowledge, genetic resources and artefacts. The recommendations will inform policy formulation and laws," explains Edward Sigei, a lawyer at the Copyrights Board.

At the moment, one is supposed to register their innovations at Kenya Industrial Property Institute (KIPI), an agency under the Ministry of Industrialisation. The institute is also mandated by the Industrial Property Act 2001 to register trademarks. The Act covers patents and industrial designs rights. A patent protects inventions in any field of technology, including engineering, agriculture and pharmaceuticals.

An industrial design, in general terms, is the ornamental or aesthetic aspect of an article of industry

Sigei says the current laws do not have such provisions as community property rights. Therefore, no one has a legal basis to stop the commercialisation craze.

"But with a policy, communities can decide to develop a collective mark be it on dressing, or artefacts that would be protected. Then, if one wants to use such marks or artefacts for product promotion, royalties are paid that would be channelled to public projects in the community," Sigei says.

Still, what is the price of culture? Sigei says one cannot put a premium to a priceless issue like culture. "Many other countries are protecting indigenous cultures. New Zealand is protecting the Maori’s for instance; some states in South American states are doing so too… But let’s not pre-empt the report because the task force is till working. We expect the report by March next year," he says.

Mr Johnston Ole Kaunga and Daniel Salau who are fighting for the Maasai rights.

Widespread problem

Daniel Salau, a programmes officer at Simba Maasai Outreach, a non-governmental organisation, views this commercialisation as a classical case of reaping where one didn’t sow. It is a widespread problem. Even internationally, people pose as Maasai and they collect a lot of money purporting to be for charity.

It is even becoming a clichÈ in the commercials.

"It is not only a human rights issue but a concern for the whole community. We want to push for policies so that royalties can go to the community welfare. The Maasai are still lagging behind in infrastructural development. If our culture can sell products why not the same culture to improve our welfare?" Salau asks.

Salau believes the State can save their culture from desecration. If indeed Brand Maasai is a hot favourite, he says, the State and companies should organise annual cultural carnivores to educate the public.

"Most of those pictures you see on post cards, calendars, advertisement or hotels are a product of exploitation. Firstly, the people have no or little capacity to negotiate rates, in some cases there is no informed consent," he adds.

Salau, Dr Naomi Kipuri, an anthropologist and ole Moi claim "some corporates just talk to politicians and individuals" so that they could use the Maasai culture. Salau dismisses the thought that through advertisements his culture is being promoted far and wide.

Cultural exploitations

"All they do is to promote myth and stereotype. It would be wise if we were consulted to vet what is going to be portrayed in media this is because some are used in derogatory manner," argues Dr Kipuri. According to Kipuri, even non-Maasai children are encouraged to adapt local names while in school to ‘boost’ chances of success in the future.

Kaunga is sorry that there is no unified body or trust that represents the community on matters of culture.

"That is why it is easy to be used. When individuals are manipulated and exploited, when a people’s culture is commoditised senselessly, it hurts its custodians," he says.

Kaunga says his organisation is lobbying the Government to set up a commission to look into misuse and abuse of cultures.

MCHF also plans to digitise the Maa culture. There is an agreement with the American Folk Life Centre at the Library of Congress in Washington, and the Centre for Documentary Studies at Duke University in Durham, North Carolina, USA. Already some people are undergoing training for this unprecedented and vast task. This programme is done jointly by the National Museums of Kenya.

Kaunga says the Government should promote the Maa traditions in schools and through the mass the media.

While he appreciates liberal trade, he says such cultures as the Maasai’s have a right to protection.