Ancient Indigenous Human Remains and the Law

This book seeks to recharacterize ancient indigenous human remains and ancient indigenous DNA, through a process called unbundling, in order to develop an equitable framework for the protection and repatriation of ancient indigenous human remains and DNA.

Indigenous peoples are increasingly making requests for the return of their ancestors' human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights.

The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.

Auteur

Fiona Batt has a LLB, LLM, PGCE (PCE) and PhD from the UK. Fiona is lecturer in International Human Rights and International Public Law at St Augustine University of Tanzania (SAUT) and Project Coordinator of SAUT Human Rights Centre. She is also a former acting Dean of the University of the Gambia. She additionally spent some time at the Cambodian Centre for Human Rights as a researcher on an indigenous communities collective land titles project. Fiona is presently working on a project involving access to justice and legal education for vulnerable groups.

Contenu

Introduction

PART ONE The recharacterisation of ancient indigenous human remains and ancient indigenous DNA

Chapter 1

Part TWO: Potential legal frameworks for the protection and repatriation of ancient indigenous human remains and ancient DNA: developing a litigation toolkit

Chapter 2: The status of Ancient indigenous human remains in cultural property and cultural heritage law

Chapter 3 Understanding cultural in the term cultural property and cultural heritage

Chapter 4: Ancient indigenous human remains and ancient indigenous DNA as collective heritage

Chapter 5 Ancient indigenous human remains and ancient indigenous DNA as Traditional Knowledge/Indigenous Knowledge

Chapter 6 Ancient Indigenous DNA as Intellectual Property

PART THREE

Chapter 7 A Human Rights Based Approach to the protection and repatriation of ancient indigenous human remains and ancient indigenous DNA

Chapter 8 Using strategic human rights litigation to protect and repatriate ancient indigenous human remains and ancient DNA