How do Native Americans Feel about White People Attempting to Return Native Artifacts?
How do Native Americans Feel about White People Attempting to Return Native Artifacts?
The debate over the return of Native artifacts is a complex and often contentious issue. While some argue for the return of these relics, the sentiment among Native Americans can vary widely. This article explores their perspectives and the legal framework behind the Native American Graves Protection and Repatriation Act (NAGPRA).
The Native American Graves Protection and Repatriation Act (NAGPRA)
The Native American Graves Protection and Repatriation Act (NAGPRA) is a U.S. federal law enacted in 1990. The act requires federal museums, universities, and other institutions to return human remains, funerary objects, sacred objects, and objects of cultural patrimony to lineal descendants or culturally affiliated Native American tribes.
Scope of Items Covered by NAGPRA
NAGPRA covers five main categories:
Human remains Funerary objects Sacred objects Objects of cultural patrimony Associated funerary objectsUnderstanding Culturally Affiliated and Culturally Unidentifiable Remains
Culturally affiliated remains must have a reasonable connection to a present-day Native American tribe, while culturally unidentifiable remains cannot be linked to any specific tribe. This classification determines the repatriation process and who can claim and receive these artifacts.
Human Remains and Funerary Objects
Human remains are categorized into two groups: those that are culturally affiliated and those that are culturally unidentifiable. If human remains are associated with funerary objects and held by a museum, these funerary objects are considered associated. Otherwise, they are unassociated.
Sacred Objects and Cultural Patrimony
Sacred objects are ceremonial items needed by Native American religious leaders for traditional practices, while cultural patrimony objects have ongoing importance to Native American groups rather than being owned by individuals.
Native American Sentiment on Repatriation
Many Native Americans support the repatriation of artifacts, as they view these items as part of their heritage and cultural identity. However, the sentiment is not uniform. Some tribes and communities may feel the artifacts are more valuable in their original context, and may prefer to leave them in the care of museums where they can be preserved and studied.
Challenges and Controversies
The implementation of NAGPRA has not always been smooth. Some white people may approach repatriation with a sincere desire to right past wrongs, while others may see it as overcompensation. The emotional and cultural weight of artifacts can sometimes lead to disagreements and misunderstandings.
Legal and Ethical Considerations
NAGPRA aims to balance the rights of Native American tribes with the cultural and historical significance of these artifacts. However, the process can be complex and lengthy, often requiring detailed consultations and legal procedures.
Consultation and Court Decisions
The act mandates consultation between museums and Native American tribes regarding the return of artifacts. Unfortunately, not all cases are resolved through consultation, leading some issues to reach the courts. This can further complicate the situation and prolong the process.
Conclusion
The journey of repatriating Native American artifacts is multifaceted, involving both legal requirements and emotional sensitivities. While NAGPRA provides a structured framework to address these issues, the underlying feelings and perspectives of Native Americans are essential to understanding the true value and significance of these cultural treasures.