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Ancient Indigenous Human Remains and the Law

Ancient Indigenous Human Remains and the Law
Author: Fiona Batt
Publisher: Routledge
Total Pages: 187
Release: 2021-08-25
Genre: Law
ISBN: 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
Author: Margaret Clegg
Publisher: Cambridge University Press
Total Pages: 185
Release: 2020-03-12
Genre: Art
ISBN: 1107098386

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


Repatriation and Erasing the Past

Repatriation and Erasing the Past
Author: Elizabeth Weiss
Publisher: University Press of Florida
Total Pages: 279
Release: 2020-08-18
Genre: Social Science
ISBN: 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
Author: Elizabeth Weiss
Publisher:
Total Pages: 156
Release: 2008
Genre: Law
ISBN:

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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).


Regarding the Dead

Regarding the Dead
Author: Alexandra Fletcher (Museum curator)
Publisher: British Museum Research Public
Total Pages: 0
Release: 2014
Genre: Nature
ISBN: 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.


Kennewick Man

Kennewick Man
Author: Heather Burke
Publisher: Routledge
Total Pages: 397
Release: 2016-09-17
Genre: Social Science
ISBN: 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
Author: Karolina Kuprecht
Publisher: Springer Science & Business Media
Total Pages: 246
Release: 2013-11-19
Genre: Law
ISBN: 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
Author: Tamara Bray
Publisher: Routledge
Total Pages: 268
Release: 2012-10-12
Genre: Social Science
ISBN: 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.


Disputing the Dead

Disputing the Dead
Author: H. Marcus Price
Publisher:
Total Pages: 200
Release: 1991
Genre: Law
ISBN:

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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
Author: Chelsea H. Meloche
Publisher: Routledge
Total Pages: 318
Release: 2020-11-29
Genre: Social Science
ISBN: 1000245799

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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.