Ancient Indigenous Human Remains and the Law


Book Description

Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.







Human Remains


Book Description

Highlights the importance of best practice in dealing with human remains, and discusses the key ethical and legal issues.




Kennewick Man


Book Description

Kennewick Man, known as the Ancient One to Native Americans, has been the lightning rod for conflict between archaeologists and indigenous peoples in the United States. A decade-long legal case pitted scientists against Native American communities and highlighted the shortcomings of the Native American Graves and Repatriation Act (NAGPRA), designed to protect Native remains. In this volume, we hear from the many sides of this issue—archaeologists, tribal leaders, and others—as well as views from the international community. The wider implications of the case and its resolution is explored. Comparisons are made to similar cases in other countries and how they have been handled. Appendixes provide the legal decisions, appeals, and chronology to allow full exploration of this landmark legal struggle. An ideal starting point for discussion of this case in anthropology, archaeology, Native American studies, and cultural property law courses. Sponsored by the World Archaeological Congress.




The Dead and Their Possessions


Book Description

Repatriation of human remains has become a key international heritage concern. This extensive collection of papers provides a survey of the current state of repatriation in terms of policy, practice and theory.







Repatriation and Erasing the Past


Book Description

Engaging a longstanding controversy important to archaeologists and indigenous communities, Repatriation and Erasing the Past takes a critical look at laws that mandate the return of human remains from museums and laboratories to ancestral burial grounds. Anthropologist Elizabeth Weiss and attorney James Springer offer scientific and legal perspectives on the way repatriation laws impact research. Weiss discusses how anthropologists draw conclusions about past peoples through their study of skeletons and mummies and argues that continued curation of human remains is important. Springer reviews American Indian law and how it helped to shape laws such as NAGPRA (the Native American Graves Protection and Repatriation Act). He provides detailed analyses of cases including the Kennewick Man and the Havasupai genetics lawsuits. Together, Weiss and Springer critique repatriation laws and support the view that anthropologists should prioritize scientific research over other perspectives.




Regarding the Dead


Book Description

A key publication on the British Museum's approach to the ethical issues surrounding the inclusion of human remains in museum collections and possible solutions to the dilemmas relating to their curation, storage, access management and display.




Working with and for Ancestors


Book Description

Working with and for Ancestors examines collaborative partnerships that have developed around the study and care of Indigenous ancestral human remains. In the interest of reconciliation, museums and research institutions around the world have begun to actively seek input and direction from Indigenous descendants in establishing collections care and research policies. However, true collaboration is difficult, time-consuming, and sometimes awkward. By presenting examples of projects involving ancestral remains that are successfully engaged in collaboration, the book provides encouragement for scientists and descendant communities alike to have open and respectful discussions around the research and care of ancestral human remains. Key themes for discussion include new approaches to the care for ancestors; the development of culturally sensitive museum policies; the emergence of mutually beneficial research partnerships; and emerging issues such as those of intellectual property, digital data, and alternatives to destructive analyses. Critical discussions by leading scholars also identify the remaining challenges in the repatriation process and offer a means to continue moving forward. This volume will appeal to a broad, interdisciplinary audience interested in collaborative research and management strategies that are aimed at developing mutually beneficial relationships between researchers and descendant communities. This includes students and researchers in archaeology, anthropology, museums studies, and Indigenous communities.




Kennewick Man


Book Description

Almost from the day of its accidental discovery along the banks of the Columbia River in Washington State in July 1996, the ancient skeleton of Kennewick Man has garnered significant attention from scientific and Native American communities as well as public media outlets. This volume represents a collaboration among physical and forensic anthropologists, archaeologists, geologists, and geochemists, among others, and presents the results of the scientific study of this remarkable find. Scholars address a range of topics, from basic aspects of osteological analysis to advanced ?research focused on Kennewick Man’s origins and his relationships to other populations. Interdisciplinary studies, comprehensive data collection and preservation, and applications of technology are all critical to telling Kennewick Man’s story. Kennewick Man: The Scientific Investigation of an Ancient American Skeleton is written for a discerning professional audience, yet the absorbing story of the remains, their discovery, their curation history, and the extensive amount of detail that skilled scientists have been able to glean from them will appeal to interested and informed general readers. These bones lay silent for nearly nine thousand years, but now, with the aid of dedicated researchers, they can speak about the life of one of the earliest human occupants of North America.