Repatriation Of Sacred Indigenous Cultural Heritage And The Law

This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.

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.​

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?

This book identifies a need to move beyond discussions of ownership, power and control in favour of exploring new kinds of partnerships between museums and the peoples or countries of origin, partnerships based on equitability and reconciliation.

First Nations Cultural Heritage and Law explores First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and a self-reflective critique on the challenges of collaborative and intercultural research. Although the volume draws on specific First Nation experiences, it covers a wide range of topics of concern to Inuit, Metis, and other indigenous peoples.

Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.

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.

This text sets the standard for researchers working on the difficult issues raised by trade and commerce in indigenous cultural heritage.