Author: Vanessa Tünsmeyer
Publisher:
ISBN: 9783030890483
Category :
Languages : en
Pages : 0
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Book Description
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.
Author: Paul Turnbull
Publisher: Berghahn Books
ISBN: 1845459598
Category : Art
Languages : en
Pages : 219
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Book Description
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.
Author: Mille Gabriel
Publisher: IWGIA
ISBN: 8791563453
Category : Social Science
Languages : en
Pages : 217
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Book Description
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.
Author: Jessica Christine Lai
Publisher: Springer Science & Business Media
ISBN: 331902955X
Category : Law
Languages : en
Pages : 342
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Book Description
Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.
Author: Cressida Fforde
Publisher: Routledge
ISBN: 9781032336787
Category :
Languages : en
Pages : 1018
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Book Description
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.
Author: Peter F. Biehl
Publisher: Springer Science & Business Media
ISBN: 1461460778
Category : Social Science
Languages : en
Pages : 119
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Book Description
This brief is the proceedings of two roundtables and forums organized by Eszter Bánffy, Peter Biehl, Douglas Comer, and Christopher Prescott and sponsored by the European Association of Archaeologists (EAA) and the Society for American Archaeology (SAA) held at the 76th SAA annual conference in Sacramento in April 2011, and the 17th EAA annual conference in Oslo in September 2011. The book is organized around five main issues with the goal to stimulate discussion, research and practices within the field: Traditions and legal regulations of heritage and its management The teaching of cultural heritage; public outreach and university training Heritage and national identity The future of cultural heritage in a globalized and digitized world This book is thus be an exploration of the various experiences in Europe and the Americas to better understand, in the vast field of archaeology and cultural heritage management, where we are today, where we might be, and where we hope to be in the near future.
Author: Catherine Bell
Publisher: UBC Press
ISBN: 077485846X
Category : Law
Languages : en
Pages : 541
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Book Description
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.
Author: Peter R. Schmidt
Publisher: Routledge
ISBN: 1317220749
Category : Social Science
Languages : en
Pages : 369
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Book Description
This volume provides new insights into the distinctive contributions that community archaeology and heritage make to the decolonization of archaeological practice. Using innovative approaches, the contributors explore important initiatives which have protected and revitalized local heritage, initiatives that involved archaeologists as co-producers rather than leaders. These case studies underline the need completely reshape archaeological practice, engaging local and indigenous communities in regular dialogue and recognizing their distinctive needs, in order to break away from the top-down power relationships that have previously characterized archaeology in Africa. Community Archaeology and Heritage in Africa reflects a determined effort to change how archaeology is taught to future generations. Through community-based participatory approaches, archaeologists and heritage professionals can benefit from shared resources and local knowledge; and by sharing decision-making with members of local communities, archaeological inquiry can enhance their way of life, ameliorate their human rights concerns, and meet their daily needs to build better futures. Exchanging traditional power structures for research design and implementation, the examples outlined in this volume demonstrate the discipline’s exciting capacity to move forward to achieve its potential as a broader, more accessible, and more inclusive field.
Author: Elizabeth Weiss
Publisher: University Press of Florida
ISBN: 1683401859
Category : Social Science
Languages : en
Pages : 279
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Book Description
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.
Author: Australian Government - Department of the Environment & Heritage - Environment Australia
Publisher:
ISBN: 9780642548429
Category : Aboriginal Australian property
Languages : en
Pages : 22
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Book Description
Guidelines include purpose of indigenous heritage conservation and the consultation and negotiation process. Includes indigenous management checklist.
