Ancient Indigenous Human Remains And The Law

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Ancient Indigenous Human Remains and the Law

Fiona Batt
Ancient Indigenous Human Remains and the Law Book PDF

Author : Fiona Batt
Publisher : Routledge
Page : 187 pages
File Size : 46,8 Mb
Release : 2021-08-25
Category : Law
ISBN : 9781000427479

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Ancient Indigenous Human Remains and the Law by Fiona Batt Pdf

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.

Working with and for Ancestors

Chelsea H. Meloche,Laure Spake,Katherine L. Nichols
Working with and for Ancestors Book PDF

Author : Chelsea H. Meloche,Laure Spake,Katherine L. Nichols
Publisher : Routledge
Page : 318 pages
File Size : 47,9 Mb
Release : 2020-11-29
Category : Social Science
ISBN : 9781000245790

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Working with and for Ancestors by Chelsea H. Meloche,Laure Spake,Katherine L. Nichols Pdf

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.

Human Remains

Margaret Clegg
Human Remains Book PDF

Author : Margaret Clegg
Publisher : Cambridge University Press
Page : 185 pages
File Size : 52,7 Mb
Release : 2020-03-12
Category : Art
ISBN : 9781107098381

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Human Remains by Margaret Clegg Pdf

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

The Long Way Home

Paul Turnbull,Michael Pickering
The Long Way Home Book PDF

Author : Paul Turnbull,Michael Pickering
Publisher : Berghahn Books
Page : 219 pages
File Size : 44,9 Mb
Release : 2010-11-01
Category : Art
ISBN : 9781845459598

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The Long Way Home by Paul Turnbull,Michael Pickering Pdf

Indigenous peoples have long sought the return of ancestral human remains and associated artifacts from western museums and scientific institutions. Since the late 1970s their efforts have led museum curators and researchers to re-evaluate their practices and policies in respect to the scientific uses of human remains. New partnerships have been established between cultural and scientific institutions and indigenous communities. Human remains and culturally significant objects have been returned to the care of indigenous communities, although the fate of bones and burial artifacts in numerous collections remains unresolved and, in some instances, the subject of controversy. In this book, leading researchers from a wide range of disciplines in the humanities and social sciences reflect critically on the historical, cultural, ethical and scientific dimensions of repatriation. Through various case studies they consider the impact of repatriation: what have been the benefits, and in what ways has repatriation given rise to new problems for indigenous people, scientists and museum personnel. It features chapters by indigenous knowledge custodians, who reflect upon recent debates and interaction between indigenous people and researchers in disciplines with direct interests in the continued scientific preservation of human remains. In this book, leading researchers from a wide range of disciplines in the humanities and social sciences reflect critically on the historical, cultural, ethical and scientific dimensions of repatriation. Through various case studies they consider the impact of repatriation: what have been the benefits, and in what ways has repatriation given rise to new problems for indigenous people, scientists and museum personnel. It features chapters by indigenous knowledge custodians, who reflect upon recent debates and interaction between indigenous people and researchers in disciplines with direct interests in the continued scientific preservation of human remains.

Protection of First Nations Cultural Heritage

Catherine Bell,Robert Paterson
Protection of First Nations Cultural Heritage Book PDF

Author : Catherine Bell,Robert Paterson
Publisher : UBC Press
Page : 463 pages
File Size : 55,5 Mb
Release : 2009-05-01
Category : Law
ISBN : 9780774858595

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Protection of First Nations Cultural Heritage by Catherine Bell,Robert Paterson Pdf

Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?

Indigenous Peoples' Cultural Property Claims

Karolina Kuprecht
Indigenous Peoples Cultural Property Claims Book PDF

Author : Karolina Kuprecht
Publisher : Springer Science & Business Media
Page : 246 pages
File Size : 45,8 Mb
Release : 2013-11-19
Category : Law
ISBN : 9783319016559

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Indigenous Peoples' Cultural Property Claims by Karolina Kuprecht Pdf

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 Dead and Their Possessions

Cressida Fforde,Jane Hubert,Paul Turnbull
The Dead and Their Possessions Book PDF

Author : Cressida Fforde,Jane Hubert,Paul Turnbull
Publisher : Psychology Press
Page : 340 pages
File Size : 46,7 Mb
Release : 2002
Category : Social Science
ISBN : 9780415233859

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The Dead and Their Possessions by Cressida Fforde,Jane Hubert,Paul Turnbull Pdf

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.

Disputing the Dead

H. Marcus Price
Disputing the Dead Book PDF

Author : H. Marcus Price
Publisher : Unknown
Page : 200 pages
File Size : 43,9 Mb
Release : 1991
Category : Law
ISBN : UOM:39015021837128

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Disputing the Dead by H. Marcus Price Pdf

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.

Kennewick Man

Heather Burke,Claire E Smith,Dorothy Lippert,Joe E Watkins,Larry J Zimmerman
Kennewick Man Book PDF

Author : Heather Burke,Claire E Smith,Dorothy Lippert,Joe E Watkins,Larry J Zimmerman
Publisher : Routledge
Page : 397 pages
File Size : 48,6 Mb
Release : 2016-09-17
Category : Social Science
ISBN : 9781315425757

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Kennewick Man by Heather Burke,Claire E Smith,Dorothy Lippert,Joe E Watkins,Larry J Zimmerman Pdf

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.

Repatriation and Erasing the Past

Elizabeth Weiss,James W. Springer
Repatriation and Erasing the Past Book PDF

Author : Elizabeth Weiss,James W. Springer
Publisher : University Press of Florida
Page : 279 pages
File Size : 45,7 Mb
Release : 2020-08-18
Category : Social Science
ISBN : 9781683401858

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Repatriation and Erasing the Past by Elizabeth Weiss,James W. Springer Pdf

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.

The Routledge Companion to Indigenous Repatriation

Cressida Fforde,C Timothy McKeown,Honor Keeler
The Routledge Companion to Indigenous Repatriation Book PDF

Author : Cressida Fforde,C Timothy McKeown,Honor Keeler
Publisher : Routledge
Page : 1018 pages
File Size : 54,5 Mb
Release : 2022-06-13
Category : Electronic
ISBN : 1032336781

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The Routledge Companion to Indigenous Repatriation by Cressida Fforde,C Timothy McKeown,Honor Keeler Pdf

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.

Contesting Human Remains in Museum Collections

Tiffany Jenkins
Contesting Human Remains in Museum Collections Book PDF

Author : Tiffany Jenkins
Publisher : Routledge
Page : 184 pages
File Size : 41,7 Mb
Release : 2010-12-14
Category : Art
ISBN : 9781136897856

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Contesting Human Remains in Museum Collections by Tiffany Jenkins Pdf

Since the late 1970s human remains in museum collections have been subject to claims and controversies, such as demands for repatriation by indigenous groups who suffered under colonization. These requests have been strongly contested by scientists who research the material and consider it unique evidence. This book charts the influences at play on the contestation over human remains and examines the construction of this problem from a cultural perspective. It shows that claims on dead bodies are not confined to once colonized groups. A group of British Pagans, Honouring the Ancient Dead, formed to make claims on skeletons from the British Isles, and ancient human remains, bog bodies and Egyptian mummies, which have not been requested by any group, have become the focus of campaigns initiated by members of the profession, at times removed from display in the name of respect. By drawing on empirical research including extensive interviews with the claims-making groups, ethnographic work, document, media, and policy analysis, Contesting Human Remains in Museum Collections demonstrates that strong internal influences do in fact exist. The only book to examine the construction of contestation over human remains from a sociological perspective, it advances an emerging area of academic research, setting the terms of debate, synthesizing disparate ideas, and making sense of a broader cultural focus on dead bodies in the contemporary period.

Regarding the Dead

Alexandra Fletcher (Museum curator),Daniel Antoine,J. D. Hill
Regarding the Dead Book PDF

Author : Alexandra Fletcher (Museum curator),Daniel Antoine,J. D. Hill
Publisher : British Museum Research Public
Page : 0 pages
File Size : 42,6 Mb
Release : 2014
Category : Nature
ISBN : 0861591976

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Regarding the Dead by Alexandra Fletcher (Museum curator),Daniel Antoine,J. D. Hill Pdf

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 Future of the Past

Tamara Bray
The Future of the Past Book PDF

Author : Tamara Bray
Publisher : Routledge
Page : 268 pages
File Size : 51,5 Mb
Release : 2012-10-12
Category : Social Science
ISBN : 9781136543593

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The Future of the Past by Tamara Bray Pdf

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.

Opening Archaeology

Thomas W. Killion
Opening Archaeology Book PDF

Author : Thomas W. Killion
Publisher : Unknown
Page : 296 pages
File Size : 43,7 Mb
Release : 2008
Category : History
ISBN : UOM:39015082715296

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Opening Archaeology by Thomas W. Killion Pdf

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.