Additional Information

Available Through

CambridgeCore

Language

English

Notes

Abstract: 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.

Abstract also available in French.

Additional tags: Kennewich Man; NAGPRA; scientific study; Indigenous rights; legal frameworks for repatriation

Taxonomies

RPA Codes & Standards

• Archaeologist's Responsibility to Colleagues, Employees, and Students
• Archaeologist's Responsibility to the Public
• Integrity of Research Methodology
• Procedures for Field Survey or Excavation
• Specimen and Research Record Storage

CIfA Codes

• Principle 1: Adherence to ethical and responsible behaviour in archaeological affairs
• Principle 2: Responsibility for the conservation of the historic environment
• Principle 3: Responsibility for acquiring and recording reliable information of the past in archaeological research

Keywords & Terms

• Burials and Human Remains
• Consultation/Partnership with Indigenous Peoples
• Indigenous, Tribal, Aboriginal Rights
• Integrity of Research Methodology and Field Procedures
• Local, State, Federal, and Tribal Laws
• Ownership
• Preservation of Archaeological Resources
• Professional Standards
• Promotion of Archaeological Research/Archaeology as Scientific Discipline
• Repatriation
• Respect for and Responsibility to Affected Groups
• Standards of Data Collection, Recordation, Analysis

Topics & Issues

• Human Remains and Ethical Practice
• Indigenous Archaeology: Perspectives and Issues
• Legal Issues
• Legislation and Archaeological Preservation
• NAGPRA, Repatriation, and Indigenous Rights