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.




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.




Contesting Human Remains in Museum Collections


Book Description

An examination of the construction of contestation over human remains from a sociological perspective, this work advances an emerging area of academic research, setting the terms of debate, synthesizing disparate ideas, & making sense of a broader cultural focus on dead bodies in the contemporary period.




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.




The Routledge Companion to Indigenous Repatriation


Book Description

This volume brings together Indigenous and non-Indigenous repatriation practitioners and researchers to provide the reader with an international overview of the removal and return of Ancestral Remains. The Ancestral Remains of Indigenous peoples are today housed in museums and other collecting institutions globally. They were taken from anywhere the deceased can be found, and their removal occurred within a context of deep power imbalance within a colonial project that had a lasting effect on Indigenous peoples worldwide. Through the efforts of First Nations campaigners, many have returned home. However, a large number are still retained. In many countries, the repatriation issue has driven a profound change in the relationship between Indigenous peoples and collecting institutions. It has enabled significant steps towards resetting this relationship from one constrained by colonisation to one that seeks a more just, dignified and truthful basis for interaction. The history of repatriation is one of Indigenous perseverance and success. The authors of this book contribute major new work and explore new facets of this global movement. They reflect on nearly 40 years of repatriation, its meaning and value, impact and effect. This book is an invaluable contribution to repatriation practice and research, providing a wealth of new knowledge to readers with interests in Indigenous histories, self-determination and the relationship between collecting institutions and Indigenous peoples.




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.




The Future of Natural History Museums


Book Description

Natural history museums are changing, both because of their own internal development and in response to changes in context. Historically, the aim of collecting from nature was to develop encyclopedic assemblages to satisfy human curiosity and build a basis for taxonomic information. Today, with global biodiversity in rapid decline, there are new reasons to build and maintain collections, while audiences are more diverse, numerous, and technically savvy. Institutions must learn to embrace new technology while retaining the authenticity of their stories and the value placed on their objects. The Future of Natural History Museums begins to develop a cohesive discourse that balances the disparate issues that our institutions will face over the next decades. It disassembles the topic into various key elements and, through commentary and synthesis, explores a cohesive picture of the trajectory of the natural history museum sector. This book contributes to the study of collections, teaching and learning, ethics, and running non-profit businesses and will be of interest to museum and heritage professionals and academics and senior students in Biological Sciences and Museum Studies.




Native Americans and Archaeologists


Book Description

Legal and economic factors have thrust American archaeology into a period of intellectual and methodological unrest. Issues such as reburial and repatriation, land and resource 'ownership,' and the integration of tradition and science have long divided archaeologists and Native American communities. Both groups recognize the need for a dramatic transformation of the discipline into one that appeals to and serves the greater public. This book tackles these and other issues by elucidating successful strategies for collaboration. It includes detailed discussions of the Native American Graves Protection and Repatriation Act (NAGPRA), enacted in 1990 in effort to legislatively redefine ownership of cultural items. Perspectives range from Native American representatives from tribes throughout the U.S., professional archaeologists and anthropologists working for tribes, federal and state agency representatives, museum specialists, and private archaeology and anthropology consultants. Published in cooperation with the Society for American Archaeology.