Collection and Use of Indigenous Human Remains: A Survey of Statutes and Case Law in the United States, Canada, Australia, and New Zealand
University of Arizona, James E. Rogers College of Law, Indigenous Peoples Law & Policy Program, Occasional Paper Series (2005)
212 Pages Posted: 17 Sep 2009
Date Written: November 25, 2005
Abstract
This is a survey of legislation and case law regarding the collection and use of indigenous human remains in the United States, Canada, Australia, and New Zealand. Where available, Indigenous Code and Customary law is included. This piece focuses on statutes and case law that relate to Indigenous Peoples’ interests when human remains are discovered, anticipated to be discovered, or excavated. It does not include issues regarding repatriation of those remains that are in the custody of non-indigenous people or entities like museums.
Keywords: indigenous peoples, NAGPRA, human remains, Canada, United States, New Zealand, Australia, Maori, aboriginal, Native American, tribe, tribal, Kennewick Man, American Indian
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