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Ancient Indigenous Human Remains and the Law

Ancient Indigenous Human Remains and the Law PDF Author: Fiona Batt
Publisher: Routledge
ISBN: 1000427471
Category : Law
Languages : en
Pages : 187

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.

Ancient Indigenous Human Remains and the Law

Ancient Indigenous Human Remains and the Law PDF Author: Fiona Batt
Publisher: Routledge
ISBN: 1000427471
Category : Law
Languages : en
Pages : 187

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.

Reburying the Past

Reburying the Past PDF Author: Elizabeth Weiss
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 156

Book Description
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
ISBN: 1315425750
Category : Social Science
Languages : en
Pages : 397

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 Future of the Past

The Future of the Past PDF Author: Tamara Bray
Publisher: Routledge
ISBN: 1136543597
Category : Social Science
Languages : en
Pages : 268

Book Description
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.

Human Remains

Human Remains PDF Author: Margaret Clegg
Publisher: Cambridge University Press
ISBN: 1107098386
Category : Art
Languages : en
Pages : 185

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

Disputing the Dead

Disputing the Dead PDF Author: H. Marcus Price
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 200

Book Description
Each year the remains of hundreds of American Indians, Native Alaskans, and Native Hawaiians, along with artifacts such as potsherds and arrowheads, are discovered across the United States. As many as 600,000 aboriginal remains are currently held by museums, historical societies, universities, and private collections. To the scientific community they provide vital data for the study of human evolution. To many members of aboriginal communities, however, they are powerful spiritual and political symbols. The controversy over the disposition of aboriginal remains and grave gods lies at the heart of the ethnic conflict between aboriginal populations and European-American society.

Working with and for Ancestors

Working with and for Ancestors PDF Author: Chelsea H. Meloche
Publisher: Routledge
ISBN: 1000245799
Category : Social Science
Languages : en
Pages : 318

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.

The Dead and Their Possessions

The Dead and Their Possessions PDF Author: Cressida Fforde
Publisher: Psychology Press
ISBN: 0415233852
Category : Social Science
Languages : en
Pages : 340

Book Description
Inspired by a key session for the World Archaeological Congress in South Africa, The Dead and their Possessions is the first book to tackle the principle, policy and practice of repatriating museum artefacts, rather than cultural heritage in general. Increasingly, indigenous people world-wide are asserting their fundamental right to determine the future of the human remains of their ancestors, and are requesting their return, often for reburial, with varying degrees of success. This repatriation campaign has become hugely significant in universities and museums where human remains uncovered through archaeological excavation have been retained for the scientific study of past populations. This book will be invaluable to those involved in the collection and repatriation of remains and cultural objects to indigenous groups.

Repatriation and Erasing the Past

Repatriation and Erasing the Past PDF Author: Elizabeth Weiss
Publisher: University Press of Florida
ISBN: 1683401859
Category : Social Science
Languages : en
Pages : 279

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.

Opening Archaeology

Opening Archaeology PDF Author: Thomas W. Killion
Publisher:
ISBN:
Category : History
Languages : en
Pages : 296

Book Description
In 1989-90, Congress enacted two laws, the National Museum of the American Indian Act and the Native American Graves Protection and Repatriation Act, that required museums and other repositories of Native American human remains and cultural items to consult with, share information about, and return some items to federally recognized Indian tribes and Native Alaskan and Hawaiian communities. What effects have these laws had on anthropological practice, theory, and education in the United States? In 2004-2005, the School for Advanced Research and the Society for Applied Anthropology gathered together a group of anthropological archaeologists to address this question. This volume presents their conclusions and urges a continuing and increasing cooperation between anthropologists and indigenous peoples.