Cultural affiliation is not enough: the repatriation of Ainu human remains

Polar Record ◽  
2017 ◽  
Vol 53 (2) ◽  
pp. 220-224 ◽  
Author(s):  
Naohiro Nakamura
Keyword(s):  
Native American ◽  
Indigenous Peoples ◽  
Human Remains ◽  
Ethical Challenges ◽  
Legal Cases ◽  
Cultural Affiliation ◽  
Legal Case ◽  
The Us ◽  
Legal Frameworks ◽  
The University

ABSTRACTThe challenges faced by indigenous peoples in repatriation negotiations vary across the globe. In 2012, three Ainu individuals launched a legal case against Hokkaido University, demanding the return of the human remains of nine individuals and a formal apology for having conducted intentional excavations of Ainu graveyards, stolen the remains and infringed upon their rights to perform ceremonies of worship. This action marked the first of such legal cases in Japan. The Ainu experienced both legal and ethical challenges during negotiations with the university; for example, while the claimants applied the Ainu concept kotan as a legal argument for collective ownership of the remains, Hokkaido University claimed the lack of assumption of rights relating to worship under the Civil Code of Japan. There has been significant progress recently on repatriation, mainly due to the Native American Graves Protection and Repatriation Act in the US, and several meaningful recommendations have been made to ease the repatriation process. However, such recommendations are often case specific and variations in the experiences of indigenous peoples from country to country have not been widely documented. This article discusses the challenges faced by the Ainu in repatriation negotiations in Japan, with a particular focus on the difficulties of applying indigenous customs and philosophies within legal frameworks.

Carlos Montezuma and the Emergence of American Indian Activism

2018 ◽  
Author(s):  
Maurice Crandall
Keyword(s):  
Native American ◽  
Public Schools ◽  
American Indians ◽  
Indian Education ◽  
Native American History ◽  
Medical College ◽  
The Us ◽  
Reservation System ◽  
Indian Reform ◽  
The University

Carlos Montezuma was one of the most influential Indians of his day and a prominent leader among the Red Progressives of the late 19th and early 20th centuries. Born to Yavapai parents in central Arizona, he was kidnapped by O’odham (Pima) raiders at a young age, and sold soon after into the Indian slave trade that for centuries had engulfed the US-Mexico borderlands. Educated primarily at public schools in Illinois, Montezuma eventually went on to be the first Native American graduate of the University of Illinois (1884) and one of the first Native American doctors (Chicago Medical College, 1889). Montezuma was a lifelong friend of Richard Henry Pratt, the founder of the Carlisle Indian Industrial School, and he firmly believed in the importance of Indian education. He insisted that educated Indians like himself must serve as examples of what Indians were capable of achieving if given the opportunities. He became deeply involved in the pan-Indian reform movements of the day and was one of the founding members of the Society of American Indians. Montezuma had a rocky relationship with the group, however, because many in the organization found his calls for the immediate abolition of the Indian Bureau and an end to the reservation system difficult to accept. From 1916 to 1922, he published his own journal, Wassaja, in which he relentlessly assailed the Indian Bureau, the reservations, and anyone who stood in the way of Indian “progress.” But Montezuma’s most important work was as an advocate for his own people, the Yavapais of Fort McDowell, Arizona, and other Arizona Indian groups. He spent the final decade of his life working to protect their water, land, and culture, and eventually returned to his Arizona homelands to die, in 1923. Although he was largely forgotten by historians and scholars in the decades after his death, Carlos Montezuma is now correctly remembered as one of the most important figures in Native American history during the Progressive Era.

Marilou Awiakta

2020 ◽  
pp. 299-302
Keyword(s):  
Native American ◽  
World War Ii ◽  
Air Force ◽  
World War ◽  
Her Family ◽  
University Of Tennessee ◽  
Oak Ridge ◽  
Us Air Force ◽  
The Us ◽  
The University

Poet, storyteller, and essayist Marilou Awiakta explores the intersection of traditional and modern Appalachian life by blending her Appalachian and Cherokee heritages with the legacy of post–World War II nuclear energy research in her hometown of Oak Ridge, Tennessee. Born Marilou Bonham in Knoxville to a family with Scots-Irish and Native American roots reaching back to the 1730s, Awiakta (her middle name) was raised with an awareness of social and environmental responsibility. When Awiakta was nine, her family moved to Oak Ridge, where her father agreed to work for two years in the nuclear facility, known locally as “the secret city.” After graduating from the University of Tennessee in 1958, Awiakta moved to France with her husband, a physician with the US Air Force. While there, she worked as a liaison and translator for the base....

scholarly journals Artifact Repatriation and Collection Documentation

1993 ◽  
Author(s):  
Dan E. McGregor
Keyword(s):  
Native American ◽  
Native Americans ◽  
Data Base ◽  
Human Remains ◽  
East Texas ◽  
Cultural Affiliation ◽  
Archaeological Data

The Native American Graves Protection and Repatriation Act (NAGPRA) became law in November 1990, giving Native Americans control over the disposition of human remains and certain artifacts with which they have "cultural affiliation". For East Texas, most Native American burials are unquestionably affiliated with the Caddo Tribe of Oklahoma. Implementation of NAGPRA will affect the archaeological data base for East Texas. Repatriation of human remains and associated artifacts to the Caddo Tribe will be required of most curation facilities with collections from this region. Under NAGPRA, future excavation and analysis of human remains and associated artifacts will become increasingly difficult for Federally-sponsored projects.

Complex Legal Legacies: The Native American Graves Protection and Repatriation Act, Scientific Study, and Kennewick Man

2006 ◽  
Vol 71 (3) ◽  
pp. 501-521 ◽  
Author(s):  
Susan B. Bruning
Keyword(s):  
Native American ◽  
Human Remains ◽  
The United States ◽  
Scientific Study ◽  
Cultural Affiliation ◽  
Ethical Implications ◽  
High Profile ◽  
Anthropological Study ◽  
The Law

Debates over disposition options for an inadvertently discovered set of early Holocene human remains known as Kennewick Man have fueled discussions about the scientific, cultural, and ethical implications of the anthropological study of human remains. A high-profile lawsuit over Kennewick Man has led to the most extensive judicial analysis to date of the Native American Graves Protection and Repatriation Act (NAGPRA), the primary law affecting access to, and the ultimate disposition of, ancient human remains found in the United States. However, despite years of litigation, some key questions remain unanswered. The judicial decisions in Kennewick address important questions about determining Native American status and assessing cultural affiliation under the law. However, the court opinions fail to address the role of scientific study within NAGPRA's confines. This article examines NAGPRA and concludes that two provisions in the law expressly permit the scientific study of human remains if certain conditions are met. Significantly, Kennewick Man might have qualified for study under NAGPRA even if found to be Native American and culturally affiliated with the claimant tribes, which would have enabled study to proceed from the outset while the parties debated the issues of Native American status and potential cultural affiliation.

scholarly journals The Concept of “Cultural Affiliation” in NAGPRA: Its Potential and Limits in the Global Protection of Indigenous Cultural Property Rights

2012 ◽  
Vol 19 (1) ◽  
pp. 33-63 ◽  
Author(s):  
Karolina Kuprecht
Keyword(s):  
Native American ◽  
Indigenous Peoples ◽  
Private Property ◽  
The United States ◽  
International Perspective ◽  
Cultural Property ◽  
Roman Law ◽  
Cultural Affiliation ◽  
Cultural Aspects ◽  
United Nations Declaration

AbstractIn the debate about indigenous cultural property, the Native American Graves Protection and Repatriation Act (NAGPRA) of the United States has developed and implemented an unorthodox concept of “cultural affiliation.” The act entitles Indian tribes and Native Hawaiian organizations to claim repatriation of their cultural property—comprising human remains, funerary objects, sacred objects, and objects of cultural patrimony—upon the establishment of a specific shared group identity and a cultural affiliation to an object. The concept of cultural affiliation in the act replaces proof of ownership, or proof that an object was stolen or illicitly removed. It thereby amends traditional standards saturated in notions of property and ownership that have perpetuated since Roman law and allows the evolution of a control regime over cultural property that takes into account the cultural aspects of the objects. On an international level, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) of 2007 stipulates a similar emancipation of indigenous peoples' cultural property claims from notions of property and ownership. This article explores NAGPRA's cultural affiliation concept as it stands between private property and human rights law and brings into focus the concept's elements that go beyond traditional property law. It ultimately looks at the potential and limits of the concept from an international perspective as a standard for other countries that consider implementation of UNDRIP's provisions on indigenous, tangible, movable cultural property.

Native Americans and the Third World Strike at UC Berkeley

2019 ◽  
Vol 42 (2) ◽  
pp. 32-39
Author(s):  
LaNada War Jack
Keyword(s):  
Native American ◽  
Native Americans ◽  
Personal Experience ◽  
Third World ◽  
Leadership Roles ◽  
The Third ◽  
The Creation ◽  
The 1960S ◽  
The Third World ◽  
The University

The author reflects on her personal experience as a Native American at UC Berkeley in the 1960s as well as on her activism and important leadership roles in the 1969 Third World Liberation Front student strike, which had as its goal the creation of an interdisciplinary Third World College at the university.

A Precarious Confluence: Neoliberalism, Race, and Water Insecurity

2018 ◽  
Vol 5 (2) ◽  
Author(s):  
Michael Mascarenhas
Keyword(s):  
First Nations ◽  
Indigenous Peoples ◽  
First Century ◽  
People Of Color ◽  
Water Insecurity ◽  
The Core ◽  
Marginalized Groups ◽  
Racial Projects ◽  
The Us ◽  
Us Cities

Three very different field sites—First Nations communities in Canada, water charities in the Global South, and the US cities of Flint and Detroit, Michigan—point to the increasing precariousness of water access for historically marginalized groups, including Indigenous peoples, African Americans, and people of color around the globe. This multi-sited ethnography underscores a common theme: power and racism lie deep in the core of today’s global water crisis. These cases reveal the concrete mechanisms, strategies, and interconnections that are galvanized by the economic, political, and racial projects of neoliberalism. In this sense neoliberalism is not only downsizing democracy but also creating both the material and ideological forces for a new form of discrimination in the provision of drinking water around the globe. These cases suggest that contemporary notions of environmental and social justice will largely hinge on how we come to think about water in the twenty-first century.

Wiwanyag Wachipi

2017 ◽  
Vol 1 (1) ◽  
pp. 48-69
Author(s):  
Fritz Detwiler
Keyword(s):  
Native American ◽  
Indigenous Peoples ◽  
Methodological Approach ◽  
Gift Exchange ◽  
Lived Religion ◽  
Religious Ritual ◽  
Pine Ridge ◽  
Ontological Categories ◽  
Ritual Process ◽  
Pine Ridge Reservation

Graham Harvey’s reconceptualisation of religion emphasises the relational world of indigenous peoples. His suggestion that religion revolves around negotiating with ‘our neighbours’ is particularly relevant to Native American ritual processes insofar as he extends ‘neighbours’ to other-species persons. Further, by emphasising ‘lived religion’, Harvey turns our attention to the significance of embodied religion as it expresses itself in ceremonial performances. Harvey’s approach is enriched by Ronald L. Grimes’ notion of the way in which indigenous rituals take us into the deep world of other-species communities through a gift exchange economy that promotes the wellbeing of everyone in the neighbourhood. The present discussion demonstrates the applicability of both Harvey’s and Grimes’ approaches to indigenous religious ritual processes by focusing on James R. Walker’s account of Oglala Sun Dancing. Walker constructs a fourstage ritual process from information he gathered while working as a physician on the Pine Ridge Reservation from 1896 to 1914. The entire process, from the declaration of the first candidates who announce their intention to make bodily sacrifices to the culmination of the ritual process in the last four days where the flesh sacrifices are made many months later, centres on re-establishing and promoting harmonious relations among the Oglala and between the Oglala and their other-species neighbours within the Sacred Hoop. The indigenous methodological approach interprets the process through Oglala cosmological and ontological categories and establishes the significance of Harvey’s approach to religion and Grimes’ approach to ritual in understanding embodied and lived religion.

A Study on the works of Elizabeth Cook-Lynn with reference to Indian Genocide

IJOHMN ◽  
2017 ◽  
Vol 3 (6) ◽  
pp. 31-43
Author(s):  
V. Padmanaban
Keyword(s):  
Native American ◽  
Indigenous Peoples ◽  
Native American Studies ◽  
American Government ◽  
White American ◽  
Political Status ◽  
The People ◽  
Indigenous Lands ◽  
Westward Movement ◽  
Wounded Knee

This work is a study on the works of Elizabeth Cook-Lynn who is proficient scholar and hails from South Dakotas and Sioux nations and their turmoil, anguish and lamentation to retrieve their lands and preserve their culture and race. Many a aboriginals were killed in the post colonization. Elizabeth Cook-Lynn grieves and her lamentation for the people of Dakotas yields sympathy towards the survived at Wounded Knee massacre and the great exploitation of the livelihood of the indigenous people and the cruelty of American Federal government. Treaty conserved indigenous lands had been lost due to the title of Sioux Nation and many Dakotas and Dakotas had been forced off from their homelands due to the anti-Indian legislation, poverty and federal Indian – white American policy. The whites had no more regard for or perceiving the native’s peoples’ culture and political status as considered by Jefferson’s epoch. And to collect bones and Indian words, delayed justice all these issues tempt her to write. The authors accuses that America was in ignorance and racism and imperialism which was prevalent in the westward movement. The natives want to recall their struggles, and their futures filled with uncertainty by the reality and losses by the white and Indian life in America which had undergone deliberate diminishment by the American government sparks the writer to back for the indigenous peoples. This multifaceted study links American study with Native American studies. This research brings to highlight the unchangeable scenario of the Native American who is in the bonds of as American further this research scrutinizes Elizabeth’s diplomacy and legalized decolonization theory which reflects in her literature career and her works but defies to her own doctrines.

A University Education

2017 ◽  
Author(s):  
David Willetts
Keyword(s):  
Higher Education ◽  
Modern Society ◽  
University Education ◽  
Modern World ◽  
Controversial Issues ◽  
The Us ◽  
The Individual ◽  
The University ◽  
First Time ◽  
The Relationship

Universities have a crucial role in the modern world. In England, entrance to universities is by nation-wide competition which means English universities have an exceptional influence on schools--a striking theme of the book. This important book first investigates the university as an institution and then tracks the individual on their journey to and through university. In A University Education, David Willetts presents a compelling case for the ongoing importance of the university, both as one of the great institutions of modern society and as a transformational experience for the individual. The book also makes illuminating comparisons with higher education in other countries, especially the US and Germany. Drawing on his experience as UK Minister for Universities and Science from 2010 to 2014, the author offers a powerful account of the value of higher education and the case for more expansion. He covers controversial issues in which he was involved from access for disadvantaged students to the introduction of L9,000 fees. The final section addresses some of the big questions for the future, such as the the relationship between universities and business, especially in promoting innovation.. He argues that the two great contemporary trends of globalisation and technological innovation will both change the university significantly. This is an authoritative account of English universities setting them for the first time in their new legal and regulatory framework.

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