Ethical Dilemmas Of The NATPRA

The Native American Graves Protection and Repatriation Act (NAGPRA), was established by Congress in 1990 "to protect cemeteries on federal and tribal lands, and to provide a way to return the human skeletal material and associated funerary objects in the nation's scientific and museum collections to culturally affiliated tribes" (Jew 4). The enforcement of this law, however, has been met with several challenges, as a conflict rages between the archeologists who value "these remains and objects as critical to increased historical and scientific understanding" (Cryne 101); and the Native American groups who view "human remains as the remnants of a once-living, once breathing person deserving of respect and a proper burial" (Cryne 100). While
The National Association of Tribal Historic Preservation Officers
(NATHPO) "is a non-profit organization of tribal leaders that implements and monitors federal and tribal preservation laws" (Cryne 104). They conducted a study in 2008 that investigated the merits and application of the NAGPRA law when dealing with "inventory notices, the process of determining cultural affiliation, and surveys returned from federal agencies and tribes about a variety of NAGPRA issues" (Cryne 104). The study revealed several problematic concerns that have left many to question the true intentions and application of the law. One of the major concerns with the NAGPRA law was that the wording included "ambiguous" language that allowed for some agencies to ignore, overlook, and discern cultural affiliations at their own discretion. This practice is especially concerning, as this could
All human beings have rights, and their right to honor and respect their dead should be recognized and valued regardless of personal interest and scientific advances. Watching this documentary and witnessing these human remains on display as a “tourist attraction”, I can only put myself in there shoes and ask myself if I would want my love ones or even myself to be displayed as a tourist attraction for people’s entertainment and profit. Advancing scientific research for the purpose of discovery and understanding is one thing, but to be put on display, especially given the prior treatment of Native Americans throughout history, is another. Part of an archaeologist’s role is to investigate cultures and preserve these relationships and finds throughout time. Archaeologists should strive to work with present day Native American tribes to understand the their culture and practices, while educating them on the value that their assertor’s remains and sacred artifacts hold in advancing understanding and scientific research. Armed with this knowledge, understanding, and appreciation for respect of each other’s interest; I believe Archaeologists can advance their studies while allowing Native Americans their cultural and moral right to honor their