Archaeological Heritage Legislation and Indigenous Rights in Latin America: Trends and Challenges

2014 ◽  
Vol 21 (3) ◽  
pp. 319-330 ◽  
Author(s):  
Maria Luz Endere

Abstract:The recognition of the rights of indigenous peoples has been on the political agenda in Latin America since the 1980s, although it has not always been reflected in the legal systems of the countries in the region. Most of them have passed laws that grant legal recognition to indigenous communities and have recognized their rights in the national constitutions. However, these rules do not always refer to some particular aspects of the indigenous culture, such as those related to their cultural heritage. In general, the archaeological remains are ruled by specific laws that do not consider, or vaguely mention, the indigenous peoples’ rights and their participation in the decision-making process. As a result of the lack of consistency between the indigenous and cultural heritage laws in most countries, the participation of indigenous peoples in heritage management is still exceptional.

Author(s):  
Espinosa Manuel José Cepeda ◽  
Landau David

The Colombian Constitution of 1991 sets up an extensive set of indigenous rights, in order to protect the cultural autonomy of groups that have historically been repressed throughout most of Latin America. This chapter reviews the case law of the Colombian Constitutional Court on that topic. It considers the interpretation of provisions giving indigenous communities autonomy in their justice system and other internal affairs. Applying these provisions, the Court has allowed non-traditional punishments such as whipping, so long as they did not fall afoul of fundamental precepts of international or constitutional law. This chapter also includes a review of the Court’s extensive jurisprudence on the right of indigenous communities to prior consultation before economic or governmental projects are undertaken on their lands.


1970 ◽  
pp. 81-92
Author(s):  
Ann Kathrin Jantsch ◽  
Mona Ødegården

Our knowledge about death and the practices surrounding it during the recent past, is dependent on the material that survives. Current heritage legislation in Norway does not automatically protect archaeological cultural heritage, including grave material, which post-dates the Reformation in 1537. The documentation, collection and research of this material is often neglected. This constitutes a loss of important scientific source material and compromises ethical considerations.The Church of Our Lady in Trondheim is home to a spectacular collection of grave material associated with the city’s wealthier citizens of the 17th and 18th centuries. This material has provided new and complementary knowledge of the burial customs of the period. The material is an important source of knowledge. Its source value is further enhanced due to its potential for comparison with other sources.The lack of legal protection of archaeological remains which post-date 1537, is an increasingly debated issue, which calls to improve the protection of the material culture of the recent past. By demonstrating the value of this particularly material, this article hopes to contribute towards highlighting the problems and inconsistencies associated with this aspect of Norwegian heritage management.


2021 ◽  
Author(s):  
Agnieszka Oniszczuk

Understanding the public by analysing the wants, interests and expectations regarding their involvement in archaeology is one of the strategic aims of Europae Archaeologiae Consilium (EAC). Cultural heritage has been the topic of several public opinion polls in Poland over the past few years. In 2011 and 2015, the Narodowy Instytut Dziedzictwa (National Institute of Cultural Heritage) carried out two representative surveys. Subsequent polls focusing on more specific issues or groups of respondents were undertaken in 2015, 2017 and 2018. Other data from Poland come from the 2017 Special Eurobarometer survey on cultural heritage. They can be contrasted with archaeology-orientated opinion polls: a Europe-wide survey carried out within the NEARCH project led by Inrap (French National Institute for Preventive Archaeological Research) and several smaller-scale projects, which might be treated as starting points for more representative research. The scope of these surveys includes: public perception of cultural heritage and archaeology, subjective value of cultural heritage, attitudes towards archaeology, relevance of archaeology for the present (also in terms of the socio-economic potential of archaeological heritage), people's interaction with archaeology and archaeological heritage, sources of information about archaeological heritage etc. Comparison of these data will serve to establish the relevance of surveys for archaeological heritage management. The author will also examine if the specific nature of archaeological heritage is reflected in the surveys and how the public feels about its most hidden heritage. Based on the results of her analysis, the author will look at the desired scope of a survey aimed at filling the identified gaps and shaped to fit the needs of evidence-based archaeological heritage management.


2021 ◽  
pp. 2631309X2110519
Author(s):  
Marcela Torres-Wong

For decades, Indigenous communities living in Mexico’s oil-producing state of Tabasco suffered violence, environmental contamination, and the destruction of their traditional livelihood. The administration of Andrés Manuel López Obrador (AMLO) taking office in 2018 promised to govern for the poorest people in Mexico, emphasizing the wellbeing of Indigenous peoples. However, as part of his nationalist agenda AMLO is pursuing aggressive exploitation of hydrocarbons upon the lead of state-owned company Pemex. This article argues that the Mexican government still denies Indigenous peoples living nearby oil reserves the right to self-determination. We examine this phenomenon through the Chontal community of Oxiacaque in the state of Tabasco suffering environmental contamination and health problems caused by the oil industry. We emphasize the government’s use of resource nationalism to legitimize violence against Indigenous communities and their natural environments. Further, the expansion of social programs and infrastructure building serves to obtain Indigenous compliance with the unsustainable fossil fuel industry.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohamed Ali Mohamed Khalil ◽  
Eman Hanye Mohamed Nasr

PurposeThe study aims to analyze the development of Omani heritage legislation against the UNESCO World Heritage Convention (WHC), 1972 and WHC Operational Guidelines (WHC-OGs) to predict the possible effects of the recent developments on the management of the World Heritage Site in Oman.Design/methodology/approachThis study discusses the development of the heritage protection legislation in Sultanate of Oman since 1970; it analyses the Omani Cultural Heritage Law 35/2019 against the recommendations of the UNESCO WHC as well as the requirements of the World Heritage Operational Guidelines. Moreover, the research investigates the possible effects of the recent heritage legislation developments on the management of Bahla Fort and Oasis in Oman, which is the first Omani World Heritage Site and the only site with special management regulations.FindingsThe paper outlines the effects of both the Omani Cultural Heritage Law 35/2019 and the Special Management Regulations 81/2019 on the implementation of the Bahla Management Plan. Additionally, the research establishes how the customization of heritage legislation as a special heritage management regulation facilitates the implementation of national legislation to solve specific local problems.Originality/valueThe study establishes the significance of developing comprehensive legislation to protect and manage the rich Omani cultural heritage and World Heritage Sites in alignment with the WHC and the WHC-OGs.


Author(s):  
George P. Nicholas

What has become known as “indigenous archaeology” took form in the 1990s through efforts to ensure a place for descendent communities in the discovery, interpretation of, benefits from, and decision making about their heritage. This followed growing public awareness of the plight of indigenous peoples worldwide, the passage of federal legislation to protect tribal interests, and a commitment by anthropologists and archaeologists to counter the colonial legacy of their disciplines. Since its inception, indigenous archaeology has grown considerably in scope and become more nuanced in its practice; in the early 21st century, it garners much attention in discussions of heritage management, stewardship, collaborative research practices, indigeneity, postcolonialism, and the sociopolitics of archaeology, among other topics. Indigenous archaeology now comprises a broad set of ideas, methods, goals, and strategies applied to the discovery and interpretation of the human past that are informed by the values, concerns, and goals of Indigenous peoples. It has been defined, in part, as “an expression of archaeological theory and practice in which the discipline intersects with indigenous values, knowledge, practices, ethics, and sensibilities, and through collaborative and community-originated or -directed projects, and related critical perspectives” (G. P. Nicholas, “Native Peoples and Archaeology,” in Encyclopedia of Archaeology, ed. D. Pearsall [New York: Academic Press, 2008], 3:1660). Major issues addressed range from differences between indigenous and Western epistemologies, to inequalities in representation and decision making, to meaningful research and heritage management strategies, to challenges relating to indigeneity and racialism. Usually placed in the context of postprocessual archaeology, indigenous archaeology has both influenced and been influenced by Marxist, critical, feminist, and interpretive approaches in archaeological theory and practice, but ideally it is expected to be grounded in local indigenous values, worldviews, and epistemology. Its nature, goals, and benefits contribute to debates regarding who controls, has access to, or benefits from archaeological endeavors; who is “indigenous”; whether indigenous archaeology should be separate from the mainstream; and the tension that exists between positivist and relativist modes of knowledge about “the past.” While indigenous archaeology is much involved in examining the material aspects of past human endeavors (i.e., the archaeological record), it is a more complicated affair that may involve ethnography, traditional knowledge, and religious practices and worldview. Some argue that pursuing indigenous interests departs from archaeology as we know it. In addition, indigenous archaeology is as much a method or process as a political agenda to change and improve the nature the discipline, much like feminist archaeology. Indigenous archaeology is part of a suite of approaches (e.g., public, collaborative, community-based) in contemporary archaeology that seek to connect contemporary groups to their heritage but is generally distinct from them in retaining a political agenda in aid of indigenous goals.


Author(s):  
Nicholas Bainton

Anthropologists have been studying the relationship between mining and the local forms of community that it has created or impacted since at least the 1930s. While the focus of these inquiries has moved with the times, reflecting different political, theoretical, and methodological priorities, much of this work has concentrated on local manifestations of the so-called resource curse or the paradox of plenty. Anthropologists are not the only social scientists who have tried to understand the social, cultural, political, and economic processes that accompany mining and other forms of resource development, including oil and gas extraction. Geographers, economists, and political scientists are among the many different disciplines involved in this field of research. Nor have anthropologists maintained an exclusive claim over the use of ethnographic methods to study the effects of large- or small-scale resource extraction. But anthropologists have generally had a lot more to say about mining and the extractives in general when it has involved people of non-European descent, especially exploited subalterns—peasants, workers, and Indigenous peoples. The relationship between mining and Indigenous people has always been complex. At the most basic level, this stems from the conflicting relationship that miners and Indigenous people have to the land and resources that are the focus of extractive activities, or what Marx would call the different relations to the means of production. Where miners see ore bodies and development opportunities that render landscapes productive, civilized, and familiar, local Indigenous communities see places of ancestral connection and subsistence provision. This simple binary is frequently reinforced—and somewhat overdrawn—in the popular characterization of the relationship between Indigenous people and mining companies, where untrammeled capital devastates hapless tribal people, or what has been aptly described as the “Avatar narrative” after the 2009 film of the same name. By the early 21st century, many anthropologists were producing ethnographic works that sought to debunk popular narratives that obscure the more complex sets of relationships existing between the cast of different actors who are present in contemporary mining encounters and the range of contradictory interests and identities that these actors may hold at any one point in time. Resource extraction has a way of surfacing the “politics of indigeneity,” and anthropologists have paid particular attention to the range of identities, entities, and relationships that emerge in response to new economic opportunities, or what can be called the “social relations of compensation.” That some Indigenous communities deliberately court resource developers as a pathway to economic development does not, of course, deny the asymmetries of power inherent to these settings: even when Indigenous communities voluntarily agree to resource extraction, they are seldom signing up to absorb the full range of social and ecological costs that extractive companies so frequently externalize. These imposed costs are rarely balanced by the opportunities to share in the wealth created by mineral development, and for most Indigenous people, their experience of large-scale resource extraction has been frustrating and often highly destructive. It is for good reason that analogies are regularly drawn between these deals and the vast store of mythology concerning the person who sells their soul to the devil for wealth that is not only fleeting, but also the harbinger of despair, destruction, and death. This is no easy terrain for ethnographers, and engagement is fraught with difficult ethical, methodological, and ontological challenges. Anthropologists are involved in these encounters in a variety of ways—as engaged or activist anthropologists, applied researchers and consultants, and independent ethnographers. The focus of these engagements includes environmental transformation and social disintegration, questions surrounding sustainable development (or the uneven distribution of the costs and benefits of mining), company–community agreement making, corporate forms and the social responsibilities of corporations (or “CSR”), labor and livelihoods, conflict and resistance movements, gendered impacts, cultural heritage management, questions of indigeneity, and displacement effects, to name but a few. These different forms of engagement raise important questions concerning positionality and how this influences the production of knowledge—an issue that has divided anthropologists working in this contested field. Anthropologists must also grapple with questions concerning good ethnography, or what constitutes a “good enough” account of the relations between Indigenous people and the multiple actors assembled in resource extraction contexts.


2016 ◽  
Vol 23 (1) ◽  
pp. 99-114 ◽  
Author(s):  
Vijayakumar Somasekharan Nair

Abstract:The present article discusses perceptions of cultural heritage and the development of heritage management in Ethiopia against the background of various pieces of legislation. Compared to many colonized countries of sub-Saharan Africa, the enactment of laws for the protection and preservation of cultural heritage is a recent phenomenon in Ethiopia. Even though archaeological research in Ethiopia dates back to the mid-nineteenth century, there have been no formal heritage laws or scientific restoration programs until 1966. However, living heritage, which is economically and spiritually beneficial to the local communities, has been protected and preserved with TMSs in communities such as Yeha, Konso, and Lalibela. Unlike Western management systems that emphasize the authenticity and integrity of physical features, the TMSs of Ethiopia have focused on the ideals and thoughts of the agencies that produce the cultural heritage. It had its own implications, to say, while retaining the ideological aspects, most built heritages in Ethiopia have been subjected to considerable physical interventions. Such physical interventions have disregarded structural authenticity and integrity of the monuments. Due to foreign invasions, continuous civil conflicts, and sporadic famines in the past, attention to cultural heritage and the implementation of heritage legislation has been negligent. However, Ethiopia has witnessed growing interest in the conservation and preservation of its heritage—cultural and natural; tangible and intangible—during the last twenty years. With the support of international collaborators, the Ethiopian government has initiated several measures to protect its heritage assets.


1970 ◽  
pp. 37-54
Author(s):  
Nanna Løkka

In this article, I examine ongoing debates in Norway on repatriation of cultural heritage in the form of antiquities. The focus is however not on international debates regarding colonial looting or indigenous’ rights to manage their own heritage as is usually the case within this topic, but rather on local claims for the return of cultural treasures from national museums. In cases such as those examined here, local institutions (museums and churches) have requested central museums to return cultural antiquities to the local community claiming that this is where they originally were in use and therefore belong. In this article I take a closer look at the arguments given by the local and the central stakeholders in heritage management. The arguments and practice reveal ideologies and ethical principles at work within the sector, but also show how these are constantly shifting. Further on, I discuss this practice in relation to Norwegian heritage politics.


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