Ancient Indigenous Human Remains and the Law

Ancient Indigenous Human Remains and the Law PDF

Author: Fiona Batt

Publisher: Routledge

Published: 2021-08-25

Total Pages: 187

ISBN-13: 1000427471

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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

Human Remains PDF

Author: Margaret Clegg

Publisher: Cambridge University Press

Published: 2020-03-12

Total Pages: 185

ISBN-13: 1107098386

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

Regarding the Dead

Regarding the Dead PDF

Author: Alexandra Fletcher (Museum curator)

Publisher: British Museum Research Public

Published: 2014

Total Pages: 0

ISBN-13: 9780861591978

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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.

Repatriation and Erasing the Past

Repatriation and Erasing the Past PDF

Author: Elizabeth Weiss

Publisher: University Press of Florida

Published: 2020-08-18

Total Pages: 279

ISBN-13: 1683401859

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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.

Reburying the Past

Reburying the Past PDF

Author: Elizabeth Weiss

Publisher:

Published: 2008

Total Pages: 156

ISBN-13:

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In this book, the author puts forth what one can learn from the study of human remains, how human remains have been obtained, the ethical dilemmas surrounding working with human remains, and the legal and political complexities of repatriation and reburial. The author intends to introduce readers to a fascinating realm of science rarely covered in the media, as opposed to the more popular fields of anthropology (e.g. forensics, archaeology, paleoanthropology).

Kennewick Man

Kennewick Man PDF

Author: Heather Burke

Publisher: Routledge

Published: 2016-09-17

Total Pages: 397

ISBN-13: 1315425750

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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.

Indigenous Peoples' Cultural Property Claims

Indigenous Peoples' Cultural Property Claims PDF

Author: Karolina Kuprecht

Publisher: Springer Science & Business Media

Published: 2013-11-19

Total Pages: 246

ISBN-13: 3319016555

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This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.​

The Future of the Past

The Future of the Past PDF

Author: Tamara Bray

Publisher: Routledge

Published: 2012-10-12

Total Pages: 268

ISBN-13: 1136543597

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To date, the notion of repatriation has been formulated as a highly polarized debate with museums, archaeologists, and anthropologists on one side, and Native Americans on the other. This volume offers both a retrospective and a prospective look at the topic of repatriation. By juxtaposing the divergent views of native peoples, anthropologists, museum professionals, and members of the legal profession, it illustrates the complexity of the repatriation issue.

Contesting Human Remains in Museum Collections

Contesting Human Remains in Museum Collections PDF

Author: Tiffany Jenkins

Publisher: Routledge

Published: 2010-12-14

Total Pages: 185

ISBN-13: 1136897860

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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.

The Routledge Companion to Indigenous Repatriation

The Routledge Companion to Indigenous Repatriation PDF

Author: Cressida Fforde

Publisher: Routledge

Published: 2022-06-13

Total Pages: 1018

ISBN-13: 9781032336787

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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.