Ancient Indigenous Human Remains and the Law

Indigenous peoples are increasingly seeking the return of their ancestors' human remains and ancient DNA, but some museums and scientists have refused or delayed repatriation. This book develops a litigation Toolkit to address these disputes, focusing on legal and quasi-legal instruments from cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge, and human rights. Recharacterization is used to counter the property narrative articulated by museums and scientists.

Format: Paperback / softback
Length: 216 pages
Publication date: 29 January 2024
Publisher: Taylor & Francis Ltd

Indigenous peoples are increasingly seeking the return of their ancestors' human remains and ancient indigenous DNA, but some museums and scientists have refused to repatriate these remains or have initiated protracted delays. While there have been successful examples of the return of ancient indigenous human remains, this book focuses on the hard cases. The continued retention of these remains perpetuates cultural harm and violates the rights of indigenous peoples. Therefore, this book develops a litigation Toolkit that can be used in such disputes, encompassing legal and quasi-legal instruments from various frameworks, including cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge, and human rights.

Recharacterisation is a key aspect of this book. It involves allocating an indigenous peoples' understanding and character of ancient indigenous human remains and ancient indigenous DNA to counter the property narrative articulated by museums and scientists in disputes. This recharacterisation aims to reclaim the cultural and historical significance of these remains and to ensure that indigenous peoples have the right to control and manage their ancestral remains.

The book draws on a wide range of sources, including legal cases, academic research, and indigenous perspectives, to provide a comprehensive analysis of the issues surrounding the return of ancient indigenous human remains. It explores the historical context of colonialism and the exploitation of indigenous peoples, as well as the legal and ethical frameworks that govern the repatriation of cultural artifacts. The book also examines the challenges faced by indigenous peoples in accessing their cultural heritage and the role that museums and scientists play in these disputes.

One of the key themes of the book is the need for cultural sovereignty and the recognition of indigenous peoples' rights to control their cultural heritage. The book argues that the current system of cultural property ownership, which is often based on colonial narratives and Western perspectives, is inadequate and perpetuates cultural harm. It calls for a shift towards a more inclusive and collaborative approach to the management and preservation of cultural heritage, which recognizes the rights and interests of indigenous peoples.

The litigation Toolkit developed in the book is designed to provide indigenous peoples and their communities with the tools they need to challenge museums and scientists in disputes over the return of ancient indigenous human remains. The Toolkit includes legal and quasi-legal instruments, such as petitions, injunctions, and appeals, that can be used to enforce indigenous peoples' rights and to pressure museums and scientists to comply with their legal obligations. The book also provides guidance.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032047690