Banning Cultural Appropriation in Mexico
By Ashton Holland
A. Introduction
In preparation for Cinco de Mayo, many stores are filled with Mexican inspired food, ponchos, sombreros, fake mustaches, and party banners and streamers to celebrate Mexico’s Independence Day.[1] Unfortunately, Cinco de Mayo “doesn’t accurately display Mexican culture” in large part because Mexico did not receive their independence on this celebrated day.[2] This utter lack of knowledge is quiet breathtaking, as it amplifies the power dynamic between various groups through a concept known as cultural appropriation.[3]
Cultural appropriation occurs “when members of a majority group adopt cultural elements of a minority group in an exploitative, disrespectful, or stereotypical way.”[4] This is commonly seen in aspects related to fashion, music, art, advertising, and even food.[5] The term was initially brought to light in academic areas to discuss issues stemming from colonialism and the relationship between majority and minority groups.[6] Cultural appropriation not only involves the exploitation of cultural aspects, but also may dive into a person’s identity without properly understanding the meaning behind it.[7] Mexico is not the first country to deal with cultural appropriation. Many other cultures from around the world face this issue too.
B. History of Cultural Appropriation in Mexico
For years, other groups have appropriated Mexican culture to advance their own goals.[8] Cultural appropriation is especially seen in advertising, where corporations “emphasi[ze] Mexican cultural symbolism in their marketing.”[9] Additionally, cultural appropriation is also very common in cigarette packaging.[10] Cigarette companies strive to create products that are appealing. Therefore, they “appropriat[e] . . . important Mexican cultur[al] imagery” to appear more endearing to those of Mexican heritage.[11] Cultural misappropriation is not limited to national holidays or advertising, but also occurs in industries like hospitality and tourism.[12]
At first, large organizations have acknowledged that Mexican culture has been appropriated when they initially attempted to compensate artists and creators for their work.[13] Despite this, large organizations, especially those in the fashion industry, have begun to exploit ideas and styles from marginalized communities without just compensation.[14]
Mexico finally has legal ramifications for cultural appropriation while the rest of the is void of legal protections surrounding cultural appropriation. Courtesy AdobeStock.
C. The Federal Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican People and Communities
To combat cultural appropriation, Mexico enacted the Federal Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican People and Communities (“the Federal Law”).[15] The law aims to “recognize and protect the collective right of ownership held by indigenous and Afro-Mexican people and communities over their cultural heritage, knowledge, and traditional cultural expressions.”[16] It established a property right for indigenous and Afro-Mexican communities, which is “inalienable, imprescriptible, unwaivable, unseizable[,] and collective.”[17]
The most important aspects of the Federal Law is that: 1) only “the co-existence of a collective property between two or more communities over the same cultural heritage is admitted” if there is an executed agreement between both parties; 2) it grants temporary authorization to third parties that choose to utilize cultural elements of the indigenous and Afro-Mexican communities; 3) the law establishes penalties resulting from “the improper and unauthorized use” of cultural elements; and 4) it creates a permanent technique for the Mexican government to prevent and deter cultural appropriation.[18]
Each of these aspects protect various communities from their work being stolen and gives them a voice in the entire process.
D. What Will the Future Hold?
For the Federal Law to work, it must be implemented effectively. At its onset, “[l]egal experts have criticized the law’s broad and vague provisions on ownership, coupled with the fact that it doesn’t specify how the compensation for theft will be distributed.”[19] Under the current law, the government would have to determine what belongs to specific cultures.[20] Moreover, if those companies employ designers of a certain culture, then the question remains whether those designers can implement the symbols without falling into legal trouble.[21]
In addition to the legal enforcement issues, there are some who do not see cultural appropriation as a negative.[22] Instead, “[s]ome people support the notion that cultural appropriation is a misnomer, and that cultural exchange is all but mandatory for any creative ende[a]vor.”[23] To those individuals, cultural exchange allows for “ideas [to be] be copied or improved by companies” so that the overall idea will succeed.[24]
Despite the issues surrounding the Federal Law, Mexico finally has legal ramifications for cultural appropriation while the rest of the is void of legal protections surrounding cultural appropriation.[25] This well-intended law aims to stop the spread of majority groups claiming minority ideas and customs as their own.[26] Cultural appropriation, however, is not only prevalent in indigenous and Afro-Mexican communities, but also pervades several communities across the world. Nonetheless, the Federal Law is a necessary step in the right direction. The world will watch to see how this law affects legal jurisprudence and cultures in other countries.
[1] Maria Carrillo, Cultural Appropriation, Lafayette Times (Nov. 11, 2021), https://lafayettetimes.org/11330/opinion/cultural-appropriation/.
[2] Id.
[3] What is Cultural Appropriation?, Britannica, https://www.britannica.com/story/what-is-cultural-appropriation (last visited Sept. 7, 2022).
[4] Id.
[5] Id.; Graziele Grilo et al., Cultural Appropriation on Marlboro Packs in Mexico: Ofrenda Symbolism a Cruel Irony, BMJ Js. Tobacco Control 1-3 (2022).
[6] What is Cultural Appropriation?, supra note 3.
[7] Bel Jacobs, What Defines Cultural Appropriation?, BBC (May 15, 2022), https://www.bbc.com/culture/article/20220513-what-defines-cultural-appropriation.
[8] Grilo, supra note 5.
[9] Id.
[10] Id.
[11] Id.
[12] Rosane L. Gertner, The Impact of Cultural Appropriation on Destination Image, Tourism, and Hospitality, 61(6) Thunderbird Int’l Bus. Rev. 873–77 (2019).
[13] Jacobs, supra note 7.
[14] Akarshi Srivastava, Cultural Appropriation in Fashion, ShilpaAhuja (June 21, 2021) https://shilpaahuja.com/cultural-appropriation-in-fashion/.
[15] Edgar Mata et al., Protection of the Cultural Heritage of Indigenous and Afro-Mexican People and Communities, Hogan Lovells (Jan. 31, 2022), https://www.engage.hoganlovells.com/knowledgeservices/news/mexico-new-federal-law-for-the-protection-of-the-cultural-heritage-of-indigenous-and-afro-mexican-people-and-communities.
[16] Id.
[17] Id.
[18] Id.
[19] Chantal Flores, Mexico’s Cultural Appropriation Ban is off to a Messy Start, The Verge (Feb. 12, 2022), https://www.theverge.com/22924327/mexico-cultural-appropriation-law-indigenous-and-afro-mexican-communities.
[20] Victoria Sofia Martin Santos, Mexico to Pass Law Against Cultural Appropriation, Esquival & Martin Santos (May 7, 2021), https://www.emps.es/post/mexico-legislates-cultural-appropriation.
[21] Id.
[22] Id.
[23] Id.
[24] Carlos L. Guardiola, On Creativity, Innovation and Cultural Appropriation, Medium (Apr. 27, 2020), https://medium.com/@carlosguardiola/creativity-innovation-and-cultural-appropriation-7e0738dd1ad7.
[25] Martin Santos, supra note 20.
[26] What is Cultural Appropriation?, supra note 3.