Spoke

So is the <a href="http://"http://www.cast.uark.edu/other/nps/nagpra/nagpra.dat/lgm003.html"" target="_blank">Native American Graves and Repatriation Act</a> a good idea? Under the act, archaeolgists must seek permission from an Indian tribe before excavating a burial site culturally "affiliated" with that tribe.

Sounds reasonable, right? I mean, you ought to ask my permission before you dig up grandpa, right? And for many Native Americans, the preservation of the remains of ancestors is a religious issue.

But how far back in time should the right to protect gravesites extend? So far that it interferes with the desire of archaeologists and paleontologists to study the peopling of the Americas? Should religion trump science?

Should a Native American tribe be able to prevent the study of, and force the re-burial of, say, 9,000-year-old remains, as they are seeking to do in the case of the so-called <a href="http://"http://www.cr.nps.gov/aad/kennewick/"" target="_blank">Kennewick Man</a>?

For those not familiar with the case, "Kennewick Man" is an ancient skeleton discovered in 1996 in Washington. Controversy erupted when it was announced that the skeleton had "Caucasoid" features. After that announcement, the Umatilla tribes moved to claim the remains and put a halt to further study.

Problem is, the skull bears little resemblance to modern Umatilla tribespeople.

(Current thought is that the original owner of the skull may have been related to an ancient race of people similar to the Ainu of Japan, whose features are more caucasoid than asiatic. One thought is that these people were either displaced or absorbed by asiatic arrivals to the Americas. That theory is a political hot potato, for reasons which should be obvious.)

Of course, all of this has important implications for understanding the way in which the Americas were populated. If Native American tribes are successful, in this case and in the future, in quashing archaelogical and paleontological study in the new world, science is seriously handicapped.

Thoughts?

seanie

Mibby's gonna love you.

Spoke

Hmm. Well, it's good to be loved, I guess.

I have no axe to grind. I just hate to see religion (any religion) or politics interfere with scientific study.

Makes no real difference to me who got to the Americas when; I just don't think scientists ought to be prevented from studying ancient human remains.

[ September 18, 2002: Message edited by: Spoke ]</p>

seanie

Absolutely.

I don't mind what which particular brand of fairytale people choose.

Just so long as it doesn't interfere with us sane rational types.

The Naked Mage

Evil curses hang around Indian burial grounds like UFOs in Nevada. Scientists, the only heroes the human race has for my money, have no business exposing themselves to that wack shit.

[ September 18, 2002: Message edited by: The Naked Mage ]</p>

Krieger

Maybe 500 years, but no more than that.

ExTheist

In this case I think that the Native American's claim should trump science. Remember it was the official policy of the US government to commit genocide during its western expansion. Yes I know that modern scientists had nothing to do with the past, but just out of basic respect for the remaining native peoples I say let them burry their own people. As an aside there is also some crazy "aryan" type of cult claiming that the skeleton was that of a white man and that this proves the presence of "superior" white folks here before the Indians.

[ September 18, 2002: Message edited by: ExTheist ]</p>

Friar Bellows

Your links don't work.

John Page

Some Amerindian tribes also practiced genocide, yes? Is jihad OK because its holy? Should all nations be judged against the Geneva convention for acts commited prior to that date. Running a casino is OK if your ancestors were oppressed? Please, all these are examples to do with human morality whereas the scientific investigation of Kennewick man's origin can prove whether he was an 'interloper' or not. Anyway, your latter mention of white supremacy doesn't hang well - obviously Kennewick man's genotype didn't fare too well.

Cheers

livius drusus

Hi Spoke -

This is an interesting question. Thank you for bringing it up. I have a sinking feeling this post will be long and not a little dry, but I checked out <a href="http://www4.law.cornell.edu/uscode/25/ch32.html" target="_blank">NAGPRA</a> and it covers quite a bit of ground.

It applies to remains/funerary artifacts discovered after 1990 on Federal or tribal property (Kennewick Man was found on Army Corps of Engineers land), in government-funded museums (including universities but specifically exempting The Smithsonian) and government agencies.

The act stipulates that right of possession can only be guaranteed if the original acquisition was granted voluntarily by someone with the right of alienation (Sec. 3001.13) and therefore requires all applicable institutions to provide an inventory of their NA burial artifacts/remains with a clear provenance on them all. Considering the long and brutal history of thievery and grave-robbing in the name of scholarship not just in the US but worldwide, I think this is a responsible position.

Any unclaimed inventory is examined by a a review committee of 3 NA reps (including 2 religious leaders), 3 appointees nominated by museum and scientific organization and 1 person agreed to by all parties. (Sec. 3006.1) This same committee adjudicates any repatriate disputes between tribes and government agencies/museums.

It is this committee that is responsible for the finding that Kennewick Man is NA and should therefore be repatriated to the claimants. Scientists were very much involved in the decision. There are reports for miles (see <a href="http://www.cr.nps.gov/aad/kennewick/c14memo.htm" target="_blank">here</a> for the C14 report determining KM's status as NA, and <a href="http://www.cr.nps.gov/aad/kennewick/encl_3.htm" target="_blank">here</a> for the incredibly detailed process of determining cultural affiliation).

Religion doesn't trump science in the KM case. The legal issue revolves around property rights more than anything else. Although the timeline is far too interrupted for the modern tribes to prove KM is a direct ancestor, the claimants (Confederated Tribes of the Colville Reservation, Confederated Tribes of the Umatilla Reservation, Confederated Tribes and Bands of the Yakama Indian Nation of the Yakama Reservation, the Nez Perce Tribe of Idaho, the Wanapum Band) have an excellent case based on their aboroginal occupation of the Colombia Plateau where KM was discovered and the extensive analysis of anthroplogical, linguistic, historical etc. evidence linking the claimants to the remains.