Fashion. Cultural appropriation or aesthetic inspiration? The Adidas sandals controversy swells

Is this cultural theft or inspired artistic expression? This question has resurfaced in the news since the Mexican government demanded compensation from Adidas for a community in the state of Oaxaca. The three-striped brand is accused of cultural appropriation in one of its sandal designs.

Under the leadership of American designer of Mexican descent Willy Chavarria, the German sportswear manufacturer has released sandals called the "Oaxaca Slip-On." However, according to the authorities of this Mexican state, Adidas had neither authorization nor expressed any recognition to its authentic creators, namely the community of Villa de Hidalgo Yalalag. The Adidas shoes reinterpret the "huarache" model of this indigenous community, sandals dating back to the pre-Columbian era and traditionally woven.

"This is intellectual property, collective property, there must be reparation, we must respect the heritage law and we will see if this is resolved through discussion. We are also studying the legal route," said Mexican President Claudia Sheinbaum at a press conference.

A complaint could even be filed with the Mexican Institute of Industrial Property, which could lead to the product being banned from sale in the country.

This Saturday, Willy Charravia admitted the cultural appropriation of his model: "I deeply regret that this model appropriated the name and was not developed in direct and meaningful partnership with the people of Oaxaca," the designer said in a statement. The launch of the sandals "does not reflect the respectful and collaborative approach" deserved by the community of Villa Hidalgo Yalalag, he added.

This is far from the first time Mexico has accused brands of cultural appropriation. In 2020, Alejandra Frausto, then Mexico's Minister of Culture, called out French designer Isabel Marant. For her fall/winter collection, the designer presented capes (retailing for €490) featuring motifs similar to those of an indigenous community in the state of Michoacán, the Purépechas. The designer ultimately apologized and stated that this exploitation was intended to "value and highlight" the cultural mix.

A year later, the same minister attacked Zara, Antropologie, and Patowl for using designs from indigenous communities in the state of Oaxaca, without any compensation. In 2023, the Chinese giant Shein was targeted for marketing "clothing with distinctive and characteristic elements of the culture and identity of the Nahua people," according to a statement from the Mexican Ministry of Culture.

For its denouncers, cultural appropriation is not just a simple matter of unpaid abusive borrowing. It is a way of perpetuating oppression of a culture dominated by the dominant culture, namely Western culture. Thus, in this practice, the object, garment, or motif is reduced to a simple aesthetic expression, depriving it of its symbolic or social value.

The term "cultural appropriation" emerged in the United States in the 1980s, thanks to the development of so-called postcolonial academic studies. While examples are numerous, one of the first documented case studies is that of the Native American people, whose culture was dominated and then exterminated by European settlers in the United States.

Native American cultural elements, and in particular the feather headdress, have been regularly exploited commercially by brands or personalities: a model at a Victoria's Secret fashion show in 2012, the singer Pharell Williams, the Coachella festival, "Navajo" panties at Urban Outfitters...

Abuses that have prompted Native American communities to request a ban on cultural plundering from the UN. But as legal expert Clara Gavelli points out in an article published last year: "collective cultural property is difficult to conceive of in our legal system."