Repatriation of Sacred Indigenous Cultural Heritage and the Law: Lessons from the United States and Canada

This book explores how law can be used to structure the return of indigenous sacred cultural heritage to communities, aligning repatriation with international human rights standards. It examines different repatriation laws and frameworks in the US and Canada, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, focusing on international law, national legal landscapes, repatriation models, and their alignment with human rights law standards. It aims to provide a practical guide for addressing legal hurdles to repatriation and offers models for international repatriation based on these experiences.

Format: Paperback / softback
Length: 515 pages
Publication date: 27 January 2023
Publisher: Springer Nature Switzerland AG

This comprehensive book delves into the intricate realm of law as a powerful tool for structuring the return of indigenous sacred cultural heritage to indigenous communities, a process known as repatriation. With a steadfast focus on aligning repatriation with contemporary international human rights standards, the book endeavors to develop legal frameworks that uphold the principles of justice and equity. To achieve this, it draws upon valuable insights from diverse repatriation laws and frameworks adopted in the United States and Canada, two countries that have experienced extensive repatriation practices over the years.

The volume is organized into four distinct parts, each offering a comprehensive examination of the legal landscape. The first part delves into international law, providing a foundational understanding of the legal principles and frameworks that govern the repatriation of cultural heritage. It explores the legal obligations and responsibilities of states, museums, and indigenous communities in the preservation, protection, and return of cultural artifacts.

The second part examines the national legal landscape in the United States, highlighting the diverse approaches and legal frameworks adopted in different states. It explores the historical context, legal developments, and challenges associated with repatriation, including issues related to sovereignty, ownership, and cultural heritage preservation. The third part focuses on Canada, examining the legal framework and practices related to repatriation within the country. It explores the historical background, legal frameworks, and the role of indigenous communities and governments in the repatriation process.

The fourth part takes a critical approach to evaluating the various repatriation models against the backdrop of human rights law standards. It examines the successes, challenges, and ethical considerations associated with each model, highlighting the importance of respecting the cultural and intellectual property rights of indigenous communities. Based on these experiences, the book proposes several models that can be aligned with contemporary indigenous and cultural rights.

The concluding chapter of the book explores the suitability of these models for international repatriation and draws valuable lessons from the experiences of the United States and Canada. It emphasizes the importance of collaboration, respect, and dialogue in the repatriation process, as well as the need for ongoing legal and policy reforms to ensure the protection and preservation of indigenous cultural heritage.

This book serves as a valuable resource for researchers, policymakers, communities, and museums seeking to navigate the complex legal hurdles associated with repatriation. It provides a comprehensive understanding of the legal framework, ethical considerations, and practical strategies for facilitating the return of indigenous sacred cultural heritage to its rightful owners. By promoting the alignment of repatriation with international human rights standards, this book contributes to the ongoing efforts to promote justice, equity, and cultural preservation for indigenous communities worldwide.

Weight: 819g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030890490
Edition number: 1st ed. 2022