13.4 Repatriation of Cultural Artifacts and Remains
3 min read•august 9, 2024
Repatriation of cultural artifacts and remains is a crucial aspect of Native American rights and cultural preservation. , passed in 1990, provides a legal framework for returning cultural items to tribes, requiring museums and federal agencies to inventory and repatriate certain objects.
The process involves complex procedures for identifying, categorizing, and returning items like funerary objects, sacred items, and human remains. This topic highlights the ongoing efforts to address historical injustices and respect Indigenous cultural heritage, while navigating challenges in implementation and ethical considerations.
NAGPRA and Repatriation Process
NAGPRA Legislation and Implementation
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Digital Repatriations: Historic Recordings Returned to Passamaquoddy Tribe — Blog of the Long Now View original
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Native American Graves Protection and Repatriation Act - Wikipedia View original
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Digital Repatriations: Historic Recordings Returned to Passamaquoddy Tribe — Blog of the Long Now View original
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Native American Graves Protection and Repatriation Act - Wikipedia View original
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Top images from around the web for NAGPRA Legislation and Implementation
Digital Repatriations: Historic Recordings Returned to Passamaquoddy Tribe — Blog of the Long Now View original
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Native American Graves Protection and Repatriation Act - Wikipedia View original
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Mountain | The Future of the Past: Reclassification of ‘Culturally Unidentifiable’ Human Remains ... View original
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Digital Repatriations: Historic Recordings Returned to Passamaquoddy Tribe — Blog of the Long Now View original
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Native American Graves Protection and Repatriation Act - Wikipedia View original
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- (NAGPRA) passed in 1990 provides legal framework for returning Native American cultural items to tribes
- Applies to federal agencies and institutions receiving federal funding
- Requires museums and federal agencies to return certain Native American cultural items to lineal descendants and culturally affiliated Indian tribes
- Prohibits trafficking of Native American human remains and cultural items
Inventory and Notification Procedures
- Museums and federal agencies must compile inventories of Native American human remains and associated funerary objects in their collections
- Summaries of unassociated funerary objects, sacred objects, and objects of also required
- Institutions must notify tribes and Native Hawaiian organizations of items that may be culturally affiliated with them
- Notification process includes publishing notices in the Federal Register
Tribal Claims and Repatriation Process
- Tribes can submit claims for cultural items based on cultural affiliation or lineal descent
- Claimants must provide evidence supporting their connection to the items
- Museums and agencies evaluate claims and make determinations on repatriation
- Repatriation process involves transfer of physical custody and legal control of items to tribes
- Disputes can be resolved through NAGPRA Review Committee or legal action
Categories of Cultural Items
Funerary and Sacred Objects
- Funerary objects include items intentionally placed with human remains as part of death rites or ceremonies
- Associated funerary objects discovered with specific human remains
- Unassociated funerary objects separated from human remains they were originally buried with
- Sacred objects used in ongoing religious ceremonies and practices of Native American religions
- Includes ceremonial items (medicine bundles) and religious paraphernalia (eagle feather fans)
Cultural Patrimony and Human Remains
- Cultural patrimony refers to objects with ongoing historical, traditional, or cultural importance to Native American group or culture
- Inalienable communal property that cannot be alienated, appropriated, or conveyed by any individual
- Includes items like wampum belts, tribal records, and clan objects
- Human remains encompass physical remains of Native American individuals
- Covers both ancient remains and those from more recent burials
Challenges in Categorization and Identification
- Determining cultural affiliation can be complex, especially for older items
- Some objects may fall into multiple categories (sacred object and cultural patrimony)
- Lack of documentation or conflicting claims can complicate categorization
- Ongoing debates over what constitutes cultural patrimony versus individually owned property
- Scientific and cultural perspectives may differ on identification and categorization of remains
Broader Repatriation Efforts and Ethics
International Repatriation Initiatives
- UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970) provides international framework
- Countries like Australia and New Zealand have implemented repatriation programs for Indigenous cultural heritage
- Ongoing negotiations between countries for return of artifacts (Parthenon Marbles)
- International Council of Museums (ICOM) provides guidelines on ethical acquisition and repatriation
- Challenges include differing legal systems and lack of binding international laws on repatriation
Ethical Considerations in Museums and Research
- Shifting perspectives on ownership and stewardship of cultural heritage
- Balancing preservation and access with cultural rights and sensitivities
- Ethical display practices for human remains and sacred objects
- Incorporating Indigenous perspectives in exhibit design and interpretation
- Collaborative curation involving tribal representatives and museum professionals
- Ongoing debates over scientific research on repatriated items
- Development of protocols for culturally appropriate storage and handling of sensitive materials
Key Terms to Review (18)
Ancestral Remains: Ancestral remains refer to the physical remains of individuals who belong to a specific cultural or ethnic group, particularly those that are important to Indigenous peoples. These remains often hold significant cultural, spiritual, and historical value, which connects living communities to their ancestors and heritage. The repatriation of ancestral remains is a crucial aspect in recognizing the rights and sovereignty of Indigenous groups over their cultural heritage and emphasizes the importance of returning these remains for proper burial and remembrance.
Ceremonial burial: Ceremonial burial refers to the ritualistic and respectful process of interring a deceased individual, often reflecting the cultural beliefs and practices of a specific community. This type of burial is not just about placing a body in the ground but involves various customs, rites, and ceremonies that honor the dead and facilitate their journey into the afterlife. The significance of ceremonial burials often connects to identity, ancestral ties, and the communal values held by different groups.
Cultural Ceremonies: Cultural ceremonies are structured events that reflect and celebrate the beliefs, traditions, and values of a particular community or society. These ceremonies often serve to strengthen social bonds, preserve cultural heritage, and mark significant life events or seasonal changes. They can take various forms, including rituals, festivals, and rites of passage, and are essential in the context of cultural identity and continuity.
Cultural Patrimony: Cultural patrimony refers to the cultural heritage and objects that are considered significant to the identity and history of a particular community or group, often viewed as essential for maintaining cultural continuity. This concept encompasses artifacts, traditional practices, and knowledge that are integral to a group's identity and heritage. The protection and repatriation of cultural patrimony play a vital role in addressing historical injustices and affirming the rights of indigenous peoples.
Cultural sensitivity: Cultural sensitivity refers to the awareness, understanding, and respect for the cultural differences and practices of various groups, particularly when interacting with individuals from diverse backgrounds. This concept emphasizes the importance of acknowledging and valuing cultural diversity while being mindful of the historical contexts and power dynamics that shape relationships between cultures. Cultural sensitivity is crucial when addressing issues like repatriation, as it helps ensure that the perspectives and needs of Indigenous communities are recognized and respected.
Ethical stewardship: Ethical stewardship refers to the responsible management and care of resources, particularly in relation to cultural heritage, ensuring that the rights and values of communities are respected and preserved. This concept emphasizes a commitment to ethical principles when dealing with cultural artifacts and remains, recognizing the importance of their origin and the need for proper repatriation to the rightful owners or descendants.
Kennewick Man: Kennewick Man refers to a set of ancient human remains discovered in 1996 near Kennewick, Washington, that date back over 9,000 years. This find has significant implications for understanding the early inhabitants of North America and raises complex issues related to the repatriation of cultural artifacts and remains, particularly concerning Native American tribes who assert ancestral ties to the remains.
NAGPRA: NAGPRA stands for the Native American Graves Protection and Repatriation Act, which is a federal law enacted in 1990. This law aims to protect Native American burial sites and allows tribes to reclaim ancestral remains and cultural artifacts that have been removed from their lands. NAGPRA is a crucial piece of legislation that addresses the historical injustices faced by Native Americans regarding the treatment of their cultural heritage, particularly in relation to repatriation and tribal governance.
National Museum of the American Indian: The National Museum of the American Indian is a museum in Washington, D.C., dedicated to the preservation and celebration of the diverse cultures, histories, and contributions of Native Americans. It serves as a platform for repatriation efforts, highlighting the need for the return of cultural artifacts and human remains to their rightful communities, as part of a broader commitment to respect and acknowledge Indigenous heritage.
Native American Graves Protection and Repatriation Act: The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law enacted in 1990 that provides a process for museums and federal agencies to return certain Native American cultural items, including human remains, funerary objects, and sacred items, to their respective tribes. This act recognizes the rights of Native American tribes to reclaim their ancestors' remains and cultural heritage, while also addressing the historical injustices faced by these communities.
Oral histories: Oral histories are narrative accounts of personal experiences and events passed down through generations, often shared through storytelling. This practice is a crucial aspect of cultural preservation, especially within Native American communities, where it serves to maintain traditions, knowledge, and identity while also providing context for cultural artifacts and human remains.
Restitution: Restitution refers to the act of returning or restoring something to its rightful owner, especially in cases involving cultural artifacts or human remains taken without consent. This concept emphasizes the moral and legal responsibility to return items that hold significant cultural, historical, or spiritual value to their original communities. In many instances, restitution also encompasses the acknowledgment of past injustices and the efforts to rectify them through dialogue and cooperation.
Restoration: Restoration refers to the process of returning cultural artifacts and human remains to their rightful owners or descendants, particularly Indigenous communities. This term emphasizes the importance of reclaiming cultural heritage that was taken or displaced, fostering healing, and promoting a sense of identity and belonging for Native peoples. It underscores the need for justice and acknowledgment of past wrongs in the context of colonization and cultural appropriation.
Self-determination: Self-determination is the right of a group, particularly Indigenous peoples, to determine their own political status and pursue their economic, social, and cultural development. This concept emphasizes the importance of autonomy and governance for tribes, impacting various aspects of their relations with federal entities and their internal governance structures.
Smithsonian Institution: The Smithsonian Institution is a group of museums and research centers in the United States, established in 1846, which aims to promote knowledge and education in the arts, sciences, and culture. It plays a significant role in the repatriation of cultural artifacts and human remains, especially those belonging to Native American tribes, addressing the historical injustices surrounding their collection and preservation.
Sovereignty: Sovereignty refers to the supreme authority of a state or governing body to govern itself and make decisions without external interference. In the context of Native American Tribal Governments, sovereignty signifies the inherent right of tribes to self-govern and manage their own affairs, which includes making laws, conducting business, and maintaining cultural practices without being subject to the control of outside entities.
The Return of the Zuni War Gods: The Return of the Zuni War Gods refers to a significant cultural and spiritual event for the Zuni people, involving the return of sacred war deities, which are integral to their religious practices and community identity. This event not only highlights the importance of spiritual beliefs in Zuni culture but also underscores the larger themes of repatriation, preservation of cultural heritage, and the restoration of tribal identities after centuries of disruption from colonialism and external influences.
Traditional Ecological Knowledge: Traditional Ecological Knowledge (TEK) refers to the cumulative body of knowledge, practices, and beliefs about the relationship of living beings to one another and their environment, developed over generations by indigenous and local communities. This knowledge is not just scientific data; it's a holistic understanding that integrates cultural, spiritual, and ecological dimensions, which is increasingly recognized as essential in managing natural resources sustainably and addressing environmental challenges.