Journal articles: 'Repatriation of cultural heritage'

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Thorleifsen, Daniel. "The repatriation of greenland’s cultural heritage." Museum International 61, no. 1-2 (May 2009): 25–29. http://dx.doi.org/10.1111/j.1468-0033.2009.01662.x.

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Conley, Bridget, and Vernelda Grant. "Human remains within an Apache knowledge ecology." Human Remains and Violence 8, no. 2 (October 2022): 4–17. http://dx.doi.org/10.7227/hrv.8.2.2.

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This edited transcript of conversations between an Apache cultural heritage professional, Vernelda Grant, and researcher Bridget Conley explores the knowledge that should guide the repatriation of human remains in the colonial context of repatriating Apache sacred, cultural and patrimonial items – including human remains – from museum collections in the United States. Grant provides a historical overview of the how Apache elders first grappled with this problem, following the passage of the Native American Graves Protection and Repatriation Act (1990) in the US Congress. She explains how and why community leaders made decisions about what items they would prioritise for repatriation. Central to her discussion is an Apache knowledge ecology grounded in recognition that the meaning of discrete items cannot be divorced from the larger religious and cultural context from which they come.

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Ingelson, Allan, and Ifeoma Owosuyi. "Reviewing the experience with the repatriation of sacred ceremonial objects: A comparative legal analysis of Canada and South Africa." International Journal of Cultural Property 29, no. 3 (August 2022): 217–41. http://dx.doi.org/10.1017/s0940739122000200.

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AbstractRecent global interest in preserving cultural identity and heritage for the future of previously colonized Indigenous groups has prompted the resuscitation of local and Indigenous cultures from the brink of extinction. The pertinence of protecting and managing cultural heritage as an endowment that transcends generations of people and serves as a ligature between their past, present, and future cannot be overstated. In this respect, the repatriation or restitution of sacred ceremonial objects (SCOs) and cultural artifacts constitutes an integral aspect of reviving Indigenous people’s cultural and living heritage, which has been eroded by colonialism and other forms of occupation. In Alberta, Canada, the First Nations Sacred Ceremonial Objects Repatriation Act is the foremost legislation that provides a formal mechanism for the return of SCOs to the First Nations. Thus far, it has successfully facilitated the repatriation of several hundred repatriated several SCOs. In contrast, South Africa’s primary heritage legislation, the National Heritage Resources Act, lacks direction and detail on the restitution of SCOs, specifically to cultural communities. With the aid of a comparative approach, this article critically examines one successful approach to the repatriation of specific sets of heritage objects in Canada and analyzes South Africa’s legal frameworks that consider SCOs as a component of its national estate within its framework for restitution and the promotion of cultural revival in cultural communities.

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Wergin, Carsten. "Healing through Heritage?" Anthropological Journal of European Cultures 30, no. 1 (March 1, 2021): 123–33. http://dx.doi.org/10.3167/ajec.2021.300109.

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This Forum contribution builds on the ethnographic engagement with restitution projects as places of transcultural encounter. Based on data collected in 2019 during repatriation ceremonies in Berlin and Leipzig, I show how a responsibility for human remains that was shared between European museums and Australian Indigenous custodians set in motion processes of healing, both among Indigenous groups and those working with these collections in Europe. I further argue that ethnographic museums change in these processes from supposedly passive exhibition spaces to spaces of socio-critical engagement. Finally, I explore the decolonial potential of such collaborative engagements with heritage within and beyond European borders that are motivated by provenance research and repatriation practices.

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Prażmowska-Marcinowska, Karolina. "Repatriation of Indigenous Peoples’ Cultural Property: Could Alternative Dispute Resolution Be a Solution? Lessons Learned from the G’psgolox Totem Pole and the Maaso Kova Case." Santander Art and Culture Law Review 8, no. 2 (December 30, 2022): 115–38. http://dx.doi.org/10.4467/2450050xsnr.22.015.17028.

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Considering that the vast majority of the objects constituting Indigenous Peoples’ cultural heritage are now located outside their source communities, the restitution of cultural property has become a pressing issue among Indigenous Peoples worldwide and should be understood as part of Indigenous Peoples’ historical (as well as current) encounter with colonization and its consequences. As such, this article investigates whether international cultural heritage law offers any possibilities for successful repatriation and to what extent the shortcomings of the framework in place could be complemented by alternative dispute resolution (ADR) mechanisms and the new mandate of the Expert Mechanism on the Rights of Indigenous Peoples (Expert Mechanism). First, crucial concepts in the repatriation debates are explained. Next the factual background of the case studies of the G’psgolox Totem Pole and Maaso Kova are presented. This is followed by a discussion of the most pertinent mechanisms of international cultural heritage law and the place of Indigenous Peoples’ rights within such a framework. Subsequently, the concept of ADR is introduced, and the details of the negotiation processes between the Haisla First Nation (Canada) and the Yaqui People (Mexico, the United States) – both with the Museum of Ethnography in Stockholm (Sweden) – are presented. Finally, the article evaluates to what extent ADR could be an appropriate mechanism for the settlement of disputes concerningIndigenous Peoples’ cultural property, andwhether the Expert Mechanism is a well-suited body for facilitating the process of repatriating Indigenous Peoples’ cultural heritage.

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Browne, Kim Victoria, and Tumendelger Dashdorj. "Mongolia’s Fossilised Heritage." Inner Asia 24, no. 1 (April 12, 2022): 131–61. http://dx.doi.org/10.1163/22105018-02302020.

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Abstract It has been almost 100 years since the pioneering expedition of the American Museum of Natural History (New York) to the Gobi Desert led by Roy Chapman Andrews in 1922. Therefore, it is an opportune time to examine the contribution Andrews made to palaeontology in central Asia and to consider the question of education and repatriation in the context of the protection of Mongolia’s fossilised heritage. Furthermore, this paper investigates the threat to Mongolia’s rare and exceptional cultural heritage posed by modern-day fossil poachers along with domestic efforts to combat the illicit fossil trade in central Asia. This paper concludes with an examination of the repatriation from the United States of Tarbosaurus bataar and the establishment of the Central Museum of Mongolian Dinosaurs dedicated to repatriated dinosaur specimens.

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Simpson, Moira. "Museums and restorative justice: heritage, repatriation and cultural education." Museum International 61, no. 1-2 (May 2009): 121–29. http://dx.doi.org/10.1111/j.1468-0033.2009.01669.x.

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Schmidtke, Sabine. "The Zaydi Manuscript Tradition: Virtual Repatriation of Cultural Heritage." International Journal of Middle East Studies 50, no. 1 (January 31, 2018): 124–28. http://dx.doi.org/10.1017/s0020743817001003.

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The manuscript tradition of the Zaydi branch of Shiʿism, which since the 9th century has been preserved primarily in Yemen, is nowadays dispersed over countless libraries in Yemen and the Middle East, Turkey, Europe, and the United States, of which only a fraction has been digitized and is available for open access. Its treasures came to the attention of scholars outside Yemen at a relatively late stage. Whereas the bulk of Arabic manuscripts nowadays housed in the libraries of Europe were acquired between the 17th and 19th centuries in centrally located cities and regions such as the Ottoman capital Istanbul, Syria and Palestine, and Egypt—all strongholds of Sunnism—the collections of Zaydi/Yemeni manuscripts were established only at the end of the 19th and first decades of the 20th century. Among the European explorers and merchants who collected manuscripts in South Arabia and later sold them to libraries in Europe was Eduard Glaser, who visited Yemen on four occasions between 1882 and 1894. After Glaser sold the manuscripts purchased during his first and second journey to the Königliche Bibliothek zu Berlin in 1884 and 1887, Wilhelm Ahlwardt made them the last acquisition to be included in his Catalogue of Arabic Manuscripts, published between 1887 and 1899. The third Glaser collection was purchased in 1889 by the British Museum in London—with the exception of the Lane collection that was purchased in 1891 and 1893, it was the last acquisition to be included in Charles Rieu's Supplement to the Catalogue of Arabic Manuscripts published in 1894. The fourth Glaser collection was sold in 1894 to the Kaiserlich-Königliche Hofbibliothek in Vienna, constituting the most important acquisition of Arabic manuscripts by the library at the time—unlike the Berlin and London Glaser collections, the Vienna Glaser manuscripts were never described in a published catalogue. An even larger collection of Zaydi/Yemeni manuscripts was brought together by the Italian merchant Giuseppe Caprotti during his sojourn in South Arabia from 1885 to 1919. Portions of the Caprotti collection now belong to the Bavarian State Library in Munich and the Biblioteca Apostolica Vaticana, while the majority of the collection is owned by the Biblioteca Ambrosiana in Milan. European libraries and increasingly US libraries have continuously purchased manuscripts of Yemeni provenance during the 20th and 21st centuries.

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Reddy, Sita. "Sacrilege and Cultural Heritage: Intangibles in Repatriation Case Law." Anthropology News 51, no. 5 (May 2010): 4. http://dx.doi.org/10.1111/j.1556-3502.2010.51504.x.

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Gundu, Zacharys Anger. "Looted Nigerian heritage – an interrogatory discourse around repatriation." Contemporary Journal of African Studies 7, no. 1 (August 31, 2020): 47–65. http://dx.doi.org/10.4314/contjas.v7i1.4.

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The colonial assault on African culture and heritage culminated in the indiscriminate looting of African cultural resources, many of which are icons in public and private museums and institutions in Europe and North America. Many more are in auction houses and art galleries outside the continent. While there is no comprehensive audit of these materials, they are estimated to run into hundreds of thousands. In this paper, attempts are made to identify the different genres of looted Nigerian materials in Europe and North America. Factors that have continued to exacerbate the looting of the country’s cultural resources are identified and attempts are made to suggest possible strategies for the repatriation of these looted treasures.

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Atalay, Sonya. "Braiding Strands of Wellness." Public Historian 41, no. 1 (February 1, 2019): 78–89. http://dx.doi.org/10.1525/tph.2019.41.1.78.

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Drawing on Anishinabe concepts of holistic health and well-being, this article explores ways that repatriation of ancestral remains and cultural items can contribute to healing and well-being in Indigenous communities. The focus is on “Indigenous storywork” and embodied practices amongst those who are engaged in reclaiming ancestral remains and cultural items, with examples from the author’s experience in repatriation, reburial, and reclaiming cultural heritage. The author describes her work developing a graphic narrative about repatriation as a method of storywork. She describes her use of comics and other storywork practices in teaching, and as a means of bringing Indigenous teaching and learning practices into higher education.

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Boserup, Ivan. "The Manuscript and the Internet: digital repatriation of cultural heritage." IFLA Journal 31, no. 2 (June 2005): 169–73. http://dx.doi.org/10.1177/0340035205054881.

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Mulk, Inga-Maria. "Conflicts Over the Repatriation of Sami Cultural Heritage in Sweden." Acta Borealia 26, no. 2 (December 2009): 194–215. http://dx.doi.org/10.1080/08003830903372092.

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Douglas, Susan, and Melanie Hayes. "Giving Diligence Its Due: Accessing Digital Images in Indigenous Repatriation Efforts." Heritage 2, no. 2 (April 27, 2019): 1260–73. http://dx.doi.org/10.3390/heritage2020081.

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An increasing volume of images is available online, but barriers such as digital locks, proprietary interests and narrow scope of information uploaded to image databases maintain structures that have impeded repatriation efforts in the real world. Images of objects (cultural material) in the digital environment support cultural heritage. Institutions are developing complex solutions relevant in the network environment to further repatriation initiatives. These solutions facilitate discovery, opening avenues for research into the ethics of ownership that cross the physical/digital divide. There have been calls for strengthening the potential for use of pertinent information in order to protect and recover cultural heritage through increased visibility. However, some museums still limit access to images. We examine the issues and their implications referencing case studies specific to Indigenous, Inuit and Métis peoples of Canada.

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Lang, Luciana. "Finding a home for the Ritxoko." Hawò 3 (January 24, 2023): 1–36. http://dx.doi.org/10.5216/hawo.v3.72391.

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By tracing the biography of a collection of Ritxoko, the name given to ceramic dolls made by the Iny Karajá people in the interior of Brazil, this paper reflects on the potential ramifications of repatriation. Changes in the making of the Ritxoko are inseparable from a broader history of contact, the political-ecological entanglements surrounding the resources that enable that making, and the effects of its heritagisation process. The relations in thisnatural-cultural assemblage are embedded in a moral economy that produces heritage and commodity. The analysis argues for repatriation as a method in the endeavour to decolonise museums and re- signify heritage, including the natural heritage that enablesthe making of the Ritxoko. Drawing on the learning of initiatives developed in collaboration with the Iny Karajá, the proposed repatriation could bring about more inclusive forms of curatorshipwith Ritxoko makers as protagonists, a necessary effort to address colonial pasts more critically and rethink possible ecological futures.

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Wheeler, Ryan, Jaime Arsenault, and Marla Taylor. "Beyond NAGPRA/Not NAGPRA." Collections: A Journal for Museum and Archives Professionals 18, no. 1 (March 2022): 8–17. http://dx.doi.org/10.1177/15501906211072916.

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Institutions have been slow to respond to calls from Indigenous nations, organizations, and scholars to require free, prior, and informed consent before authorizing use of their cultural heritage materials in publications, exhibition, and research. In the United States, the Native American Graves Protection and Repatriation Act of 1990 fundamentally changed the relationship between museums, archaeologists, and Indigenous nations, requiring institutions to inventory their collections and consult with descendant communities on repatriation of specific Indigenous collections. In response, institutions and their personnel have come to view Indigenous collections as those subject to NAGPRA and those that are not—NAGPRA/Not NAGPRA. Many Indigenous nations, however, do not accept this demarcation, resulting in continued frustration and trauma for those descendant communities. This case study follows the evolving relationship between the White Earth Band of the Minnesota Chippewa Tribe and the Robert S. Peabody Institute of Archaeology. Beginning with repatriation, the relationship has expanded to consider how the museum and Indigenous nation can collaborate on the care and curation of cultural heritage materials that remain at the Peabody Institute. Most recently, White Earth and the Peabody have executed an MOU that governs how the museum will handle new acquisitions, found-in-collections materials, and donor offers. The relationship with the White Earth also has influenced how the Peabody Institute approaches its holdings of Indigenous cultural heritage materials more broadly, blurring the line between NAGPRA and Not NAGPRA collections. The Peabody Institute is working to revise its collections policy to require free, prior, and informed consent prior to use of Indigenous cultural heritage materials in publications, exhibitions, and research.

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Nilsson Stutz, Liv. "Archaeology, Identity, and the Right to Culture: Anthropological perspectives on repatriation." Current Swedish Archaeology 16, no. 1 (June 10, 2021): 157–72. http://dx.doi.org/10.37718/csa.2008.09.

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The debatc concerning repatriation and reburial is attracting increasing attention in Sweden. While most archaeologists today understand the importancc of repatriation and the arguments underlying the claim, the process is not completely unproblematic and certainly not in all cases. This article explores some tendencies within the international debate about repatriation, and frames them within a more general discussion about human rights, the right to culture, and the role of cultural heritage within this debatc. Through a critical approach to the debate, it is argucd that archaeology needs to be a more active party in the negotiations.

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Mattern, Eleanor. "The Role of Photography in the Protection, Identification, and Recovery of Cultural Heritage." International Journal of Cultural Property 19, no. 2 (May 2012): 133–51. http://dx.doi.org/10.1017/s0940739112000100.

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AbstractThis article seeks to contribute to the study surrounding documentation and the illicit trade in cultural property by examining the uses of photography by the international community. Popular and academic literature, news reports, and online databases reveal three primary and interconnected relationships that exist between photography and the trade of cultural heritage. This article presents photography as, first, an aid for the protection and identification of cultural heritage and, second, as a form of evidence to support an ownership claim by a country calling for repatriation.

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Hennessy, Kate. "Virtual Repatriation and Digital Cultural Heritage: The Ethics of Managing Online Collections." Anthropology News 50, no. 4 (April 2009): 5–6. http://dx.doi.org/10.1111/j.1556-3502.2009.50405.x.

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Nicholas, George, John R. Welch, Alan Goodman, and Randall McGuire. "Beyond the Tangible: Repatriation of Cultural Heritage, Bioarchaeological Data, and Intellectual Property." Anthropology News 51, no. 3 (March 2010): 11–12. http://dx.doi.org/10.1111/j.1556-3502.2010.51311.x.

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Nafziger, JAR, and RJ Dobkins. "The native American graves protection and repatriation act in its first decade." International Journal of Cultural Property 8, no. 1 (January 1999): 77–107. http://dx.doi.org/10.1017/s0940739199770621.

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The global effort to protect indigenous heritage relies on national legislation. The Native American Graves Protection and Repatriation Act (NAGPRA) of the United States provides one model for accomplishing a broad agenda of protective measures. NAGPRA confirms indigenous ownership of cultural items excavated or discovered on federal and tribal lands, criminalizes trafficking in indigenous human remains and cultural items, and establishes a process of repatriation of material to native groups. In implementing the law, questions related to cultural affiliation, culturally unidentifiable material, the status of native groups not recognized by the federal government, and the scope of a group's cultural patrimony have been particularly troublesome. A case study of the repatriation process highlights issues in implementing NAGPRA and benefits in fostering consultation and collaboration among native groups, museums, and federal agencies. Finally, the article considers the controversies that have come before a statutory review committee and the federal courts during NAGPRA's first decade. This experience demonstrates the limitations of formal dispute resolution as a means of developing and implementing the law.

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Anttonen, Pertti. "Tradition and Heritage in Ethnological Practice and Theory." Anthropological Journal of European Cultures 17, no. 2 (September 1, 2008): 84–97. http://dx.doi.org/10.3167/ajec.2008.170206.

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All scholarly fields feed on rhetoric of praise and criticism, mostly self-praise and self-criticism. Ethnology and folklore studies are not exceptions in this, regardless of whether they constitute a single field or two separate but related ones. This essay discusses questions concerning ethnological practice and object formation, cultural theory and the theory of tradition (or the lack thereof), cultural transmission, cultural representation, and the ethics and politics of cultural ownership and repatriation. It draws on general observations as well as on work in progress. The main concern is with a discursive move: from tradition to heritage, from the ethnography of repetition and replication to cultural relativist descriptions and prescriptions of identity construction and cultural policy, from ethnography as explanation to ethnography as representation and presentation. In addition, the essay seeks to delineate other underlying tenets that appear to constitute our traditions and heritages - both as strengths and as long-term constraints and biases. Where is ethnology headed in its quest to transcend theories and practices? Less theory and more practice? More theory on practice? Or more practice on theory?

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Dzidzienyo, Gertrude Aba Mansah Eyifa, and Samuel Nilirmi Nkumbaan. "Looted and illegally acquired African objects in European museums: issues of restitution and repatriation in Ghana." Contemporary Journal of African Studies 7, no. 1 (August 31, 2020): 84–96. http://dx.doi.org/10.4314/contjas.v7i1.6.

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Ghana’s post-independence governments have made a number of requests for the return of looted and illegally acquired Ghanaian cultural objects in the collections of European museums. While the majority of those requests were denied, a few were honoured. This paper assesses three of the demands and the aftermath of their return. It also examines the preparedness of heritage institutions and museums in Ghana inrelation to issues of restitution and repatriation. The paper identifies the numerous challenges confronting the museum and heritage sector in Ghana and concludes by calling on policy makers, traditional authorities, universities and the government of Ghana to deepen public awareness of cultural heritage, invest more in museums and heritage institutions to function well and revisit earlier demands that were denied.

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Mamaga Ametor Hoebuadzu II and Togbe Opeku VI. "Restitution and return of looted royal heritage: the role of Ghanaian chiefs and queens in sustaining heritage traditions." Contemporary Journal of African Studies 7, no. 1 (August 31, 2020): 116–22. http://dx.doi.org/10.4314/contjas.v7i1.8.

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In interrogating this discourse on the restitution and return of looted royal objects, ourrole and input in this conversation as traditional leaders in Ghanaian communities areinevitable. This is in the light of the fact that the source of most of these looted royalart objects unlawfully placed in German and some European museums are from theVolta Basin area of Ghana, formerly part of German Togoland. We argue that factoringin the views of chiefs and queens, being traditional leaders of communities inAfrica, provides a better understanding of the origin and contexts of the use of mostof these pirated cultural objects highlighted in the restitution and repatriation debates.

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Visconti, Arianna. "Between “colonial amnesia” and “victimization biases”: Double standards in Italian cultural heritage law." International Journal of Cultural Property 28, no. 4 (November 2021): 551–73. http://dx.doi.org/10.1017/s0940739121000345.

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AbstractThis article offers a critical appraisal of the evolution of Italian cultural heritage law with respect to issues of colonial and war restitution and of control over the import of potentially trafficked cultural property. As Italy is usually considered a “source country” and a victim of historical depredations, a form of “selective blindness” to its colonial past and to its role at the receiving end of both past and current misappropriations of cultural objects is discussed. Some recent restitutions of cultural property taken in times of colonial occupation are also analyzed as signs of a possible change in policy and practice, but the article also highlights the features of political expediency that have influenced them as well as the many legal and practical obstacles still to be faced by restitution and repatriation claims. Finally, the potential effects of recent (mostly international) inputs on Italy’s cultural heritage policy are presented.

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Marsden, Beth, Katherine Ellinghaus, Cate O’Neill, Sharon Huebner, and Lyndon Ormond-Parker. "Wongatha Heritage Returned: The Digital Future and Community Ownership of Schoolwork from the Mount Margaret Mission School, 1930s–1940s." Preservation, Digital Technology & Culture 50, no. 3-4 (December 1, 2021): 105–15. http://dx.doi.org/10.1515/pdtc-2021-0020.

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Abstract The construction of national identity through historical narrative is inextricably linked to archival keeping, access and privilege. In settler-colonial contexts, archives and the way they are used are always political. Drawing on decolonising methodologies and critical archival theory, this paper examines challenges faced by an interdisciplinary project team who received University of Melbourne Engagement funding to initiate a process of repatriation. This project has been grounded in the process of consultation and engagement with the Indigenous communities from which these records originated, and the process of reconnecting former students of Mount Margaret, and their families. In confronting the inherent cultural biases of archives, this paper considers particular problems for institutions in developing methods of repatriation alongside record collection and keeping.

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Bernard, Elisa. "Nationalism versus “identity pluralism”? Preserving and valorizing archeological heritage." International Journal of Constitutional Law 19, no. 5 (December 1, 2021): 1690–709. http://dx.doi.org/10.1093/icon/moab135.

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Abstract This article discusses how archeological objects’ “pluralistic identity”—defined as the archeological relic’s life in the ancient world and its afterlife, including its reuse and potential return to its original national context—complicates the protection of archeological heritage on the Italian territory in the shadow of the cultural property nationalism/internationalism dialectic. It begins by reconstructing and discussing the debate underscoring the first retentionist cultural property law in post-Unity Italy. The article then analyzes a series of case studies testifying to the (in)efficacy of such a law—for instance, vis-à-vis political interests—the impact of bilateral agreements for the repatriation of looted archeological property from “universal museums” to Italy as the Nation of origin, and the dilemma over the state’s functions of preservation and fruition. The paper asks whether archeological relics which are understood as state property are indeed the “national(ist)” heritage of one national past and whether and how the national identity that they are thought to epitomize can coexist with an inclusive valorization of their “pluralistic identity” in our contemporary society.

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Duggan, Betty. "Introduction: Collaborative Ethnography and the Changing Worlds of Museums." Practicing Anthropology 33, no. 2 (April 1, 2011): 2–3. http://dx.doi.org/10.17730/praa.33.2.m24j70g1663x7230.

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Collaboration with indigenous peoples has been a hallmark of ethnology since the mid-19th century, and throughout the 20th century numerous anthropologists acknowledged indigenous and local cultural specialists as co-producers of project results and knowledge. In recent decades, converging and co-mingling influences from inside and outside of anthropology - including action anthropology, community heritage studies, and passage of the Native American Graves, Protection and Repatriation Act (NAGPRA) - have led increasingly to wide-ranging kinds of consultations and partnered collaborative and participatory projects being conducted within or from museums.

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GRUBER, Stefan. "The Fight Against the Illicit Trade in Asian Cultural Artefacts: Connecting International Agreements, Regional Co-operation, and Domestic Strategies." Asian Journal of International Law 3, no. 2 (May 13, 2013): 341–63. http://dx.doi.org/10.1017/s2044251313000052.

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AbstractLooting and illicit trafficking of cultural artefacts pose major threats to Asia's cultural heritage. This not only causes a continuing loss of cultural objects but also the destruction of large numbers of archaeological and historical sites as objects are often looted from tombs or cut off from larger pieces in order to obtain transportable parts for sale on the international art market. In addition, items are stolen from collections and museums or are trafficked in violation of export bans. This article explores the relevant international conventions dealing with the prevention of the illicit export of cultural artefacts and their repatriation, examines how those legal instruments are implemented in Asia and extended in bilateral agreements between market and source countries, and how particularly regional co-operation between Asian nations, international solidarity and assistance, and relevant domestic approaches can assist in improving the situation.

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Cornu, Marie, and Marc-André Renold. "New Developments in the Restitution of Cultural Property: Alternative Means of Dispute Resolution." International Journal of Cultural Property 17, no. 1 (February 2010): 1–31. http://dx.doi.org/10.1017/s0940739110000044.

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AbstractAlternative methods of dispute resolution are an important resource in matters of cultural heritage in addressing the return, restitution, and repatriation of cultural property. The purpose of this article is to analyze the situations in which such methods might be preferred to the classical judicial means and to examine the problems that might arise.The article is in two parts. The first part describes the actors as well as the current methods used for the restitution and return of cultural property. The second part explores the types of property that lend themselves to alternative dispute resolution techniques and lists the—often original—substantive solutions that have been used in practice.Alternative methods of dispute resolution enable consideration of nonlegal factors, which might be emotional considerations or a sense of “moral obligation,” and this can help the parties find a path to consensus.

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Gerken, Adam. "Examining the Administrative Unworkability of Final Agency Action Doctrine as Applied to the Native American Graves Protection and Repatriation Act." Michigan Journal of Environmental & Administrative Law, no. 8.2 (2019): 477. http://dx.doi.org/10.36640/mjeal.8.2.examining.

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The application of the Administrative Procedure Act (“APA”) to the Native American Graves Protection and Repatriation Act (“NAGPRA”) creates unique practical and doctrinal results. When considering the application of the current law concerning judicial review of final agency action under the APA to NAGPRA, it is evident that the law is simultaneously arbitrary and unclear. In the Ninth Circuit’s holding in Navajo Nation v. U.S. Department of the Interior, the Court applied final agency action doctrine in a manner that was legally correct but administratively unworkable. The Court’s opinion contravenes both the reasoning behind the APA final agency action doctrine and the purposes of both NAGPRA and the APA. The holding further allows for a finding of a final agency action despite the fact that the application of NAGPRA is the beginning of a process that will result in its own final agency action – the determination of which tribe owns the remains and artifacts. Such a result ignores sensitive issues of cultural patrimony (the identification of cultural heritage as to specific sets of remains or sacred object) associated with the NAGPRA inventory process, which requires that Native American remains and sacred objects found on federal land be inventoried by the federal agency that manages that land. The unworkability and legal incoherence of the Ninth Circuit’s decision in Navajo Nation stems from an underlying final agency action doctrine developed to protect property rights that fails to properly consider the unique context of cultural heritage rights implicated by statutes such as NAGPRA. These rights involve the recognition that human remains and ceremonial objects belong to a specific culture. The application of final agency action doctrine invites legal claims before anyone can adequately determine what culture the remains and artifacts belong to. Because of this, the courts or Congress must develop an alternative set of rules to be used when dealing with a final agency action that implicates the cultural heritage rights associated with ancient remains and sacred objects. Such an action would account for the unique nature of the rights in question. Doing so would make administrative agencies better equipped to provide inclusive protections to minority cultures in the performance of their duties.

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Joy, Francis. "The disappearance of the sacred Swedish Sámi drum and the protection of Sámi cultural heritage." Polar Record 54, no. 4 (July 2018): 255–66. http://dx.doi.org/10.1017/s0032247418000438.

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AbstractOne of the last frontiers of the pre-Christian Sámi religion and cosmology from the seventeenth and eighteenth centuries can be found recorded as embedded systems of knowledge on a range of noaidi-shaman drums kept in museums across Europe. Missionaries and clergymen as well as explorers who sought interest in the magical powers of the Sámi noaidi collected these artefacts during witchcraft trials and persecutions throughout Sápmi, the Sámi homeland areas. Insomuch as the drums being taken away from their owners and shipped from their homelands to other countries, their safeguarding, security and preservation as ancient sources of knowledge in museums is seldom discussed. As a consequence, the investigation presented here is a case study concerning the disappearance of a Sámi noaidi drum sent to a museum in France that has its origins in Swedish Sápmi, which I was informed about in 2017 prior to a visit to Paris for a seminar concerning the Sámi and their culture in Finland. The loss of the drum has only recently become known, and raises a series of important questions concerning responsibilities museums have with regard to the protection of property belonging to the Sámi as well as the repatriation and return of cultural heritage with regard to historical artefacts.

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Liljeblad, Jonathan. "The Hopi, thekatsinam, and the French courts: looking outside the law in the repatriation of Indigenous cultural heritage." International Journal of Heritage Studies 23, no. 1 (September 16, 2016): 41–51. http://dx.doi.org/10.1080/13527258.2016.1232745.

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MacFarland, Kathryn, and Arthur W. Vokes. "Dusting Off the Data." Advances in Archaeological Practice 4, no. 2 (May 2016): 161–75. http://dx.doi.org/10.7183/2326-3768.4.2.161.

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AbstractArchaeological projects that are described as orphaned or legacy collections are generally older materials that do not meet modern “best practice” curation standards and require considerable resources to be preserved for future research. Rehabilitation and curation of these projects allows for better inventory control of the artifacts, and accompanying documentation ensures that cultural heritage is preserved and plays an important part in the repatriation process. Procedures and methods for rehousing archaeological legacy collections are outlined. Using the 1984–1987 Arizona Archaeological and Historical Society (AAHS) volunteer excavations at Redtail Village (AZ AA:12:149 [ASM]) as a case study, we propose a process for rehabilitating legacy collections and offer solutions for preserving important archaeological resources for future research.

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McGill, Dru, and Jennifer St. Germain. "Nazi Science, wartime collections, and an American museum: An object itinerary of the Anthropologie Symbol." International Journal of Cultural Property 28, no. 1 (February 2021): 87–106. http://dx.doi.org/10.1017/s0940739121000096.

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AbstractA number of recent works have explored the value of scholarly efforts to “unpack” museum collections and examine the constitutive networks and histories of objects. The interrogations of collections through methods such as object biographies and itineraries imparts important knowledge about the institutions, disciplines, and individuals who made museum collections, contribute to deeper understandings of the roles of objects in creating meaning in and of the world, and suggest implications for future practice and policies. This article examines the object itinerary of a cultural property item of negative heritage: a three-dimensional painted plaster work of craft-art originally designed to symbolize the scientific practice of anthropology in early twentieth-century Germany and later associated with wartime collecting during World War II, the history of American archaeology, and the modern repatriation movement in museums.

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Asmussen, Brit, Lester Michael Hill, Sean Ulm, and Chantal Knowles. "Obligations to Objects." Museum Worlds 4, no. 1 (July 1, 2016): 78–94. http://dx.doi.org/10.3167/armw.2016.040107.

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ABSTRACTThis article discusses changing obligations toward objects from an archaeological site held by the Queensland Museum, through a long-term, 40-year case study. Between 1971 and 1972 a selection of 92 stone blocks weighing up to 5 tons containing Aboriginal engravings were cut out of the site and distributed to multiple locations across Queensland by the State Government under the provisions of the then Aboriginal Relics Preservation Act 1967. The site was subsequently flooded following dam construction and the removed blocks became part of the Queensland Museum’s collection. This article chronicles the history of the site and its “salvage,” the consequences of fragmentation of the site for community and institutions, the creation of 92 museum objects, the transformation from immobile to mobile cultural heritage, and community-led requests for their repatriation back to country.

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Harlin, Eeva-Kristiina. "Sámi Archaeology and the Fear of Political Involvement: Finnish Archaeologists’ Perspectives on Ethnicity and the Repatriation of Sámi Cultural Heritage." Archaeologies 15, no. 2 (May 20, 2019): 254–84. http://dx.doi.org/10.1007/s11759-019-09366-7.

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Olkowski, Roman. "STRUGGLE FOR THE SO-CALLED RECLAMATION OF CULTURAL GOODS IN VILNIUS AFTER WORLD WAR II." Muzealnictwo 58, no. 1 (July 27, 2017): 0. http://dx.doi.org/10.5604/01.3001.0010.2238.

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The article describes the so-called requisition campaign carried out in Vilnius city and region and Kaunas, Lithuania, the aim of which was to recover the cultural heritage which was supposed to stay abroad as a result of the change of borders after World War II for the Polish State and its citizens People connected with the Cultural Department established by the Polish Committee of National Liberation in 1944 at the Office of the Chief Plenipotentiary for Evacuation in the Lithuanian Soviet Socialist Republic. The Cultural Department carried out this activity under the Agreement between the Polish Committee of National Liberation and the Government of the Lithuanian Soviet Socialist Republic regarding the evacuation of Polish citizens from Soviet Lithuania and Lithuanian citizens from Poland concerning the mutual repatriation of peoples. The article aims to recall the private collections and most important cultural institutions in Vilnius from the period before 1939 which failed to be transported from Vilnius to Poland, despite the great efforts of many people. However, regardless of the result, the actions described and those who conducted them deserve to be recalled and mentioned in the subject-matter literature.

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DeBlock, Hugo. "Objects as Archives of a Disrupted Past." Museum Worlds 8, no. 1 (July 1, 2020): 88–101. http://dx.doi.org/10.3167/armw.2020.080107.

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Objects that were estranged from ex-colonies and are now kept in overseas museums serve as archives of the past, a past largely disrupted by colonialism. For Vanuatu, some objects of cultural heritage that are kept in museums have been recently reconnected to their original places, lineages, and even individual owners. The Lengnangulong sacred stone of Magam Village in North Ambrym is one such object, even though it is only one example in a rich tradition of carved sacred stones. As alienated and contested property in Vanuatu, Lengnangulong is kept and exhibited in the Pavillon des Sessions of the Louvre Museum in Paris, which is a contested exhibition space in itself. Here, I provide an update on discussions regarding ownership and kopiraet (Indigenous copyright) that have been accelerating in Vanuatu in recent years and on claims for repatriation of this important valuable.

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Soloshenko, V. "Looted Art in the Politics of Memory of the FRG." Problems of World History, no. 5 (March 15, 2018): 211–27. http://dx.doi.org/10.46869/2707-6776-2018-5-12.

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Memory and learning tragic pages of history, such as genocide and crimes against humanity, are of great importance for the future of the state. This article deals with the problem of the looted art, itsplace in the politics of memory of the Federal Republic of Germany. The problems of protection, preservation, and repatriation of the cultural heritage looted by the Nazi before and during World WarII have received new treatment in the German society. It is pointed out that Germany has extensive experience of addressing the burdensome past, it has been established how the FRG solves the problem of its overcoming, its new facets and dimensions are revealed. The German experience of the last decades in the matter of search and restitution of lost and illegally transported works of art and its value for Ukraine is analyzed.

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Nikolentzos, Kostas, Katerina Voutsa, and Christos Koutsothanasis. "What Does It Take to Protect Cultural Property? Some Aspects on the Fight against Illegal Trade of Cultural Goods from the Greek Point of View." International Journal of Cultural Property 24, no. 3 (August 2017): 351–76. http://dx.doi.org/10.1017/s0940739117000170.

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Abstract:An overview of both the theoretical approach and the set of actions taken during the last decade by Greece – a country with a profound historical background and rich cultural heritage – to face the problem of the illicit trade of cultural goods. The article contains not only statistical data on recent cases of thefts, clandestine excavations, confiscations, and repatriations of cultural goods but also information on law enforcement and the effort to establish a network to fight the phenomenon on an international level. Aspects such as conforming to the international law, monitoring auctions of antiquities, raising people’s awareness, and reinforcing the current security status of museums and archeological sites are taken into consideration as successful methods for protecting the cultural heritage.

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Bellisari, Andrew. "The Art of Decolonization: The Battle for Algeria’s French Art, 1962–70." Journal of Contemporary History 52, no. 3 (October 17, 2016): 625–45. http://dx.doi.org/10.1177/0022009416652715.

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In May 1962 French museum administrators removed over 300 works of art from the Musée des Beaux-Arts in Algiers and transported them, under military escort, to the Louvre in Paris. The artwork, however, no longer belonged to France. Under the terms of the Evian Accords it had become the official property of the Algerian state-to-be and the incoming nationalist government wanted it back. This article will examine not only the French decision to act in contravention of the Evian Accords and the ensuing negotiations that took place between France and Algeria, but also the cultural complexities of post-colonial restitution. What does it mean for artwork produced by some of France’s most iconic artists – Monet, Delacroix, Courbet – to become the cultural property of a former colony? Moreover, what is at stake when a former colony demands the repatriation of artwork emblematic of the former colonizer, deeming it a valuable part of the nation’s cultural heritage? The negotiations undertaken to repatriate French art to Algeria expose the kinds of awkward cultural refashioning precipitated by the process of decolonization and epitomizes the lingering connections of colonial disentanglement that do not fit neatly into the common narrative of the ‘end of empire'.

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Nilsson Stutz, Liv. "Claims to the Past. A Critical View of the Arguments Driving Repatriation of Cultural Heritage and Their Role in Contemporary Identity Politics." Journal of Intervention and Statebuilding 7, no. 2 (February 22, 2013): 170–95. http://dx.doi.org/10.1080/17502977.2012.714243.

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Forrest, Craig J. S., and John Gribble. "The Illicit Movement of Underwater Cultural Heritage: The Case of the Dodington Coins." International Journal of Cultural Property 11, no. 2 (January 2002): 267–93. http://dx.doi.org/10.1017/s0940739102771439.

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In October 1997 the Times of London announced the sale by auction of fourteen hundred gold coins that formed part of the hoard lost by Clive of India when the East Indiaman Dodington was wrecked in Algoa Bay on July 17, 1755. The wreck and its contents lie within South African territorial waters and are protected by South African heritage legislation. Very little gold has ever been reported recovered, despite ongoing excavations, and only a single permit has been issued for the export and sale of twenty–one gold coins. This article will consider the legal steps taken to repatriate the coins, and the difficulties encountered when taking such steps before a foreign court. It evaluates the extent to which existing international conventions, including the recently adopted UNESCO Convention on the Protection of Underwater Cultural Heritage, are able to assist states in repatriating stolen or illegally exported underwater cultural heritage.

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O'Grady, Patrick, David L. Minick, and Daniel O. Stueber. "Making Up for the Past." Advances in Archaeological Practice 10, no. 1 (February 2022): 101–13. http://dx.doi.org/10.1017/aap.2021.38.

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AbstractIn 2015, the Oregon Archaeological Society (OAS) presented statements to Oregon tribes and the Oregon Legislative Commission on Indian Services acknowledging the troubling history of OAS collecting activities and steps taken to transform the OAS, and sought guidance to address continuing tribal concerns. Tribes encouraged both the return of collections and increased public outreach efforts. Their guidance fueled increased effort by the Collection Recovery Committee (OASCRC), which has facilitated the return of five collections to tribal museums and university curation facilities and coordinated digital preservation of documents. The OAS may be the only avocational society in the United States actively engaged in such efforts, accomplished by a small group of volunteers. Case studies of collections, considerations involved in disposition, and the potential for repatriation and research are highlighted. The OAS seeks to halt dispersal and commodification of cultural objects and encourage academic research. Quick action can assure that the original collectors or descendants provide key site and location information. Educational opportunities can be rendered to the heritage community, and we are uniquely positioned to contribute to that service.

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Buijs, Cunera, and Aviâja Rosing Jakobsen. "The Nooter photo collection and the Roots2Share project of museums in Greenland and the Netherlands." Études/Inuit/Studies 35, no. 1-2 (October 23, 2012): 165–86. http://dx.doi.org/10.7202/1012840ar.

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In 2008 two Dutch museums and two Greenland museums started a cooperative venture to share the photo collections of museums in the Netherlands. The photographs were taken from 1965 to 1986 by husband and wife Gerti and Noortje Nooter in Diilerilaaq, a village in the Sermilik Fjord (East Greenland). Gerti Nooter, then curator at the Museon in The Hague and at the National Museum of Ethnology in Leiden, was doing fieldwork in that changing hunting community and, as part of that research, took photographs and collected museum objects for both Dutch museums. The National Museum of Ethnology in particular has long had a working relationship with Greenland museums and the local Tunumiit community. Through the visual repatriation project Roots2Share, these photographs have been scanned and returned to the communities where they originated and where they can now be accessed locally. As a product of cross-cultural interactions, they depict ancestors of present-day Tunumiit and carry multiple meanings: ethnological or exotic ones for a Dutch public and historical or ancestral ones for the people of Diilerilaaq. Many stories have been told about them. This article explores the relationship between the photographs and Tunumiit knowledge, as well as issues of cultural heritage, ownership, and sharing of these images.

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Zimmerman, Larry J. "Public Heritage, a Desire for a “White” History for America, and Some Impacts of the Kennewick Man/ Ancient One Decision." International Journal of Cultural Property 12, no. 2 (May 2005): 265–74. http://dx.doi.org/10.1017/s0940739105050113.

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The most recent opinion in the so-called Kennewick Man or Ancient One (as many American Indians choose to call the skeleton) case by the United States Court of Appeals for the Ninth Circuit unfortunately resurrects some very old and contentious issues in America. Indians mostly view the opinion as one more echo of the same old story of Native American property issues raised in the courts, but they also understand that some implications may be broader. The most direct impact of the opinion is that the Umatilla people will not be allowed to return the Ancient One to the earth, but others could be portents of a larger resurgence of anti-Indian sentiment and scientific colonialism in America. Specifically, though not directly stated as such, the court's opinion supports a notion that archaeological materials are a public heritage, no matter their culture of origin. In addition, by affirming the plaintiffs' position, the court essentially declared archaeologists and associated scientists to be the primary stewards of that heritage, much to the chagrin of many American Indian people. Along the way, the court reinforced the idea that scientifically generated evidence has greater validity than oral tradition in court, outright denying oral tradition's validity and undercutting a major intention of the Native American Graves Protection and Repatriation Act (NAGPRA). Worse still, the court reflects—and by its decision supports—an idea that there may be a “white” or European history for the Americas that predates the arrival of Indians. The most damaging and long-term impact is that the decision reinforces fundamentally erroneous definitions and stereotypes about Indians as tribes, which has plagued Indian-white relations for generations.

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Andrew, Brook. "Trading Lines." ARTMargins 5, no. 1 (February 2016): 80–95. http://dx.doi.org/10.1162/artm_a_00132.

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Trading Lines is a photo essay that tracks nearly twenty years of research within international museums as well as collecting and sharing photographs and objects. This research began in 1996 at the Royal Albert Memorial Museum, Exeter, where I encountered an Aboriginal skull from N.S.W. Australia —that was part of the active international Aboriginal human remains trade activated from the early 18th century. This photo essay shares correspondence between myself and private and public collection managers and collectors. Some images are from actual installations where I have combined objects with artworks, as a whole, it is an attempt to draw lines between pure collection activities and legitimate anguish many people feel for not only their cultural heritage but also those of the human remains trade. Even though repatriation of human remains to Aboriginal communities in Australia has been an active endeavor over the last 10 or more years, many human remains, photos and other important documents are still being uncovered, repatriated and traded. The comparable texts and images explore the margins of both museum practice and community involvement and understanding of these actions and communications. I intend to present this photo essay as an archive that engages people within their own curiosity of access to a complex world of negotiations. Further documents, human remains and other materials are gradually and continually unearthed in museums and sold through private collections and markets. Reflecting on this, who owns their own culture and history, and how does a culture remember when they are not in receipt of their cultural materials. I hope to stimulate important considerations about the power of a public archive, noting the complex protocol tensions that can arise and how these lines or margins are negotiated, crossed, hidden or shared.

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Csoba DeHass, Medeia Krisztina, and Alexandra Taitt. "3D Technology in Collaborative Heritage Preservation." Museum Anthropology Review 12, no. 2 (August 11, 2018): 120–52. http://dx.doi.org/10.14434/mar.v12i2.22428.

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Digital repatriation is one aspect of heritage preservation work that has been increasingly gaining popularity due to its effectiveness in assisting Indigenous communities in connecting with museum collections located at various institutions around the world. It is not simply an alternative for physical repatriation; rather, the two can be used in conjunction, particularly with the incorporation of 3D technology. While digital repatriation can provide new opportunities, it is also a contested concept (Boast and Enote 2013) that is still in the process of shaping future collaborative practices while being shaped by ongoing projects and their outcomes. In this paper, we explore how this technology, structure from motion (SFM) 3D modeling and scanning, provides innovative methods that are especially well suited for successfully contributing to a wide array of heritage preservation objectives. Three-dimensional technology is effective in providing alternative ways to connect with collection pieces and providing origin communities access to museum collections. It can alleviate concerns of chemical exposure from contamination, concerns for the fragility of items, the expense of insurance and transportation, or the need to remove pieces from origin communities. As artifacts transform in the repatriation process by gaining new life and meaning when they enter the contemporary reality of the origin community, the use of 3D technology, as part of this collaboration, can assist Indigenous communities in fulfilling their own visions of heritage preservation.

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Breske, Ashleigh. "Politics of Repatriation: Formalizing Indigenous Repatriation Policy." International Journal of Cultural Property 25, no. 3 (August 2018): 347–73. http://dx.doi.org/10.1017/s0940739118000206.

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Abstract:This article will show how institutions and cultural values mediate changes in the governance of repatriation policy. By examining ownership paradigms and institutional power structures and analyzing the changing discourses before and after the passage of the Native American Graves Protection and Repatriation Act, it is possible to understand the ramifications of formalizing repatriation. The current binary of cultural property nationalism/cultural property internationalism in relation to Indigenous ownership claims does not represent the full scope of the conflict for Indigenous people within the Western legal interpretations of property ownership. Inclusion of a cultural property indigenism component into the established cultural property nationalism/internationalism ownership paradigm will more accurately represent Indigenous concerns for cultural property. Looking at the rules, norms, and strategies of national and international laws and museum institutions, this article will argue that there are consequences to repatriation claims that go beyond the possession of property and that a formalized process (or semi-formalized approach) can aid in addressing Indigenous rights.

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Journal articles on the topic 'Repatriation of cultural heritage'

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