8 Jul 2022

105

Native American Graves Protection and Repatriation Act

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Academic level: College

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NAGPRA Questions 

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The Native American Graves Protection and Repatriation Act (NAGPRA) was passed in 1990 because of the disagreement between Native Hawaiian organizations and Indian tribes. When it comes to cultural artefacts and land, the 19 th century was amongst the most difficult times for natives Americans living in the country. During this time, there were scholarly studies and museums established to study native Americans, and thus there was a rush for acquiring these artefacts. Most of these artefacts the locals considered to be ancestral property but others sold them. The competition for these artefacts included private collectors and Museums both within and without the United States.

The Smithsonian Institution is one of the museums that was heavily in the race at the time. In the late 19 th century, these artefacts were collected by untrained adventurers and some of it was lost. Many institutions used these artefacts to carry out research about human beings and their ecological developments. One individual, Maria Pearson, saw how the remains of native Americans were handled and she protested the mishandling of the remains of Native Indians. This led to the passage of the IOWA Burials Protection Act of 1976 which was the first of its kind. She then lobbied and protested for the NAGPRA which came to be in 1990.

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Kennewick Man Questions 

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The legal battle between Kennewick Man and the interpretation of the NAGPRA is that it made it possible to handle some conceptual difficulties that the act had. The skeleton in question did not look like an ordinary Native American and thus the scientists said it was appropriate to test so as to know which race it is. However, the Indians claim that they own it only that it belonged to 450 prior generations which means it could have had a less refined appearance. The Europeans were never around the Americas at that time anyway. Although estimations could be made to know whether or not the skeleton was Native American, they would be ambiguous and only precise estimations can be able to tell the exact source of the skeleton. This is what the Native Indians did not want.

The tribe that was claiming ancestry allowed a DNA test to be done on the skeleton and it was proven that he was the closes link to modern Native Americans than he was to any other populations. That was in 2015 and in 2016, the senate passed legislation to pass the bones to the ancient tribes for reburial in accordance to their traditions.

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Although the Caucasian man was thought to have first come to America around the 18 th century, there was thought that the skeleton was of one of his earliest ancestors; the seafarers. If this was true, then it could have meant that the Caucasians had initially been in the continent. Thus, Christopher Colombus’ voyage would not have been the first time they got into the continent. Although it was from 9400 years prior, the skeleton was thought of as being Caucasoid with pronounced features. This could mean that the Caucasians were the original inhabitants of America. These could have been from Iberia, the European peninsula that is Portugal and Spain.

If it appeared that the Kennewick man was of no relation to the modern Native Indian American, then it would have been legal for the scientific community to be able to go ahead and research on the skeleton. It would be possible to have a clue of how life was like before the Indians. To date, very little history is present about how life was prior to the Native Indians living inside America. Ancient beliefs such as the lineage of man as presented in the Bible does not tell about Native Americans and their source. It could also be possible to tell of the different migrations and evolutions that the Caucasians and human beings in general experienced.

The ramifications included violating the NAGPRA and taking the archaeological piece from them.

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The scientists used different arguments to avoid giving up the archaeological skeleton for burial in accordance to the Native American cultural requirements. One of them is that the skeleton was so old that it could not be any closer to the Native Americans than it was to any other culture. This was an argument that the scientist class used in 2004. However, the Umatillas, a native Indian tribe claiming ownership of the skeleton, claimed and proved that the dental formulas of the piece and of the people had not changed for over 10000 years. The scientist however, failed to show any connection to the Caucasian race. In fact, the corps even tried to fabricate evidence and the ruling was made on the basis of bad faith.

Another tactic that the science corps used in 2005 included that of changing the definition of the term Native American. This would go from meaning that which is indigenous to the United States. This way, the Native Indian Americans would not have any credible grounds for asking for the remains. However, the natives fought for the use of this term to mean those from the Clovis culture. This is because the number of tribes covered was large. The scientists had cited the inability to trace them to modern tribes, social upheavals and forced resettlements and extinctions. The natives claimed that these were still included in the current definition of the term.

Repatriation and Looting Questions 

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To maintain or justify ownership of these cultural pieces, these museums use excuses such as the complicated rights and domestic laws. The British Museum is the host of the Parthenon Marbles and although there have been many requests that the pieces be returned to their original owners, the museum says there was a miscommunication error and they have to continue keeping the pieces. In 1801, Lord Bruce of Elgin allowed his workmen to enter the Acropolis where the marbles were stored, He told them to take only some works but they took the marbles. Instead of taking ‘some’ works, they took ‘any’ work.

The Cult Statue of a Goddess is also thought to have been acquired illegally from Morgantina around 1977 and sold to the Getty Museum where it is hosted today. However, Getty claims that the piece have been owned by one Robin Symes who had owned the statue ever since 1939. Another common excuse that these museums give in order to be able to avoid reparation is that getting to know who owns what is at times tricky because of the destruction and dispersion of ownership documents. Even in the instances that all of these are there, they could be owned by private citizens and could be disorganized and made available to the researchers.

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The Parthenon Marbles are an iconic piece of antiquities that have been controversial for a significant amount of time. These pieces were taken from the possession of one Lord Bruce of Elgin of the Athenian Acropolis in the early 19 th century. Today, the marbles reside in the British Museum of Duveen Gallery. In 1801, Lord Elgin allowed workmen to get into the Acropolis and get whatever they felt like. It is then that the pieces were taken from the place.

However, there have been legitimate claims that show that the pieces were not taken from the Acropolis but rather were stolen. These claims are legitimate and other similar institutions such as the Heidelberg University have return the pieces that they owned of the collection. Nevertheless, British museum claims that the order given by Lord Elgin was different from what is stated and thus they are the rightful owners of these pieces.

In Greece, there is the new state of the art Acropolis museum which is claiming these pieces. The ones given back are already in display there and there is a lot of pressure for the marbles to be taken back to Greece. The case has been tough because legislative provision has proved ineffective and the basis of the argument is now ethical and artistic in nature. The Greek claim that the Marbles present in Athens are not complete without those in Britain as they are supposed to be collectively appreciated.

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Although there were legal ways through which one could be able to acquire specific artefacts, looting is one of the main ways through which this trade was effected. Alongside legally acquired artefacts were illegal and looted ones found their ways in private and public collections of art. Initially, the purpose of these looters was plundering. They were mainly armies moving into new territories and the soldiers reward themselves for their successful attacks. Case in point are the Nazis who had over 6500 paintings from occupied spaces. This they did systematically.

Another reason for looting these antiquities was to form significantly large private collections which were valued aesthetically. For instance, a collection of artefacts from ruins made in the 6 th Century in the palace of Princess Ennigaldi from Babylonia could be very valuable and give the owner bragging rights amongst other forms of value.

In the 60s, these thefts increased in countries of the Mediterranean and the Central and South Americas and these almost always ended up in the Northern countries in Europe and America. By these time, the antiquities had a significant market inside the United States. People had aesthetic value and the arts industry is one that paid particularly well for antiquities depending on their age.

Chaco Canyon Questions 

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The Chaco Canyon is a large shallow natural feature that is ten-miles and is located in New Mexico. It is not easily accessible as it is over 70 miles from the nearest town and has nothing but dirt roads leading towards it. The canyon came to be because of erosion which were carved out by ancient sea beds. As such, the rocks and fossils that are embedded in the canyon can tell millions of years of history.

Chaco stands at 6200 feet and is thus the highest desert in America. In the summer it is sun-scotched while in the winter it is bitterly cold. As such, it is not habitable at the moment. However, there is evidence of the presence of life in the area back to as early as 2900BC. They were nomadic up until 200 AD where they settled into farming. 850 AD, the people there started building massive stone structures that were never seen before and describe a proper ancient civilization.

One major method that was important in estimating the population is the analysis of farm and food-options which in this case did not show the ability to handle many people. Another is the analysis of their homes which were also multi-storied and the presence of small granaries which showed an organized people but still little in number. Similarly, its abrupt abandonment could be because of migration to nearby towns which could have been more civilized. Thus, the analysis of such neighbors could also show how many people came from there. The number of people there had to be between 11000 and 17000.

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There are many theories that have been created so as to help understand just why the Chaco Canyon was abandoned as fast as it was. Ever since 850 A.D., construction continued for another 300 years until around 1150 AD when it halted immediately. One of the reasons for this act of abandoning the place was because of drought. Scientists support this by studying tree rings which told of very little rainfall falling between 1125 and 1180 AD. The drought came in cycles and they were rough and extreme.

Another reason was the migration of the Chacoans into other towns that appeared to be having a profitable time and decided to join them. One of the reasons why this is so is because the places of worship there were burnt which showed that they leaved and did not intend to return. This could be because of interaction with foreigners and the ability to see the importance of moving to a new location. It is possible that a coalition of these and other factors including religious upheaval, warfare and political conflict could be the reason. A coalition makes sense since none of the element individually could push people out of a place they developed for 3 centuries.

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Indeed, the Chaco road system is one of the fascinations that the canyon had to offer. The system of roads interconnected a lot of Anasazi Great House sites including Chetro Ketl, Pueblo Bonito and Una vida and led out to smaller outlier sites beyond the limits of the canyon. According to research, there are 8 main roads that totally add up to 300 kilometers and are 30 feet wide. It is not clear whether the Chaco road was designed for economic, ideological and symbolic purposes as well. Initially, it was thought to be transporting local and exotic goods from and into the canyon. However, they could be used to move soldiers into outsides of the canyon like the romans did. Other think that it was meant to be a route during religious pilgrimages since they could help to facilitate, gatherings and ceremonies. The two constructions make sense both economically and as religious symbols.

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Indeed, there are theories that the Chaco Canyon, which contains several great stone complexes, have historical alignments that determined the layout of the Pueblos. Researchers see that there are hundreds of buildings in the canyon with no purpose for their placement or even construction. They did not follow the traditional “core and veneer” style of masonry. Historically, the Anasazi people, who built the Pueblos in the canyons, were considered experts in celestial events. The complex is massive and covers over 80000 sq km.

Student Presentation Questions 

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The site of Chaco Canyon is one that was randomly abandoned and one of the main reasons why is the presence of drought. Around the time that the place was deserted, tree rings show archaeologists that there had been a number of droughts which had made the place less attractive than its neighboring areas.

Another similar site that was abandoned is Chimney rock. This is a site that was built through much of 1000 AD but was abandoned before it finished. It is a common belief that those who built the place believed that it was cursed. This is because they burnt it down before they left. This was a common practice for ensuring that they got rid of bad spirits there.

Another site is Moundville where indigenous American people lived in between 1000 and 1450 AD. It had grown to becoming the second largest mound city until European settlers colonized and eventually wiped it out.

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The different archaeological sites inspire interest in architectural feats that some of these traditional masons were able to use. One instance is the Petra ruins which are located in Southwestern Jordan. Despite being in the desert, they had an impressive system of dams, cisterns and channels which enabled the place to be well nourished and control flash flooding which were common in the desert. Another site is Machu Picchu, in Peru, which also had magnificent water-management systems including hydraulic systems that worked for over 2400 meters of height.

The Pyramids in Egypt have also always been a marvel when it comes to remaining relatively intact despite being the most ancient archaeological sites in the world today. They were made of stones weighing two tones each which is impressive considering they were carried up to 481 feet. They show brilliant engineering. Caral is another archaeological site that has been able to shock even today’s architects. It is located in North of Lima and it is more than 5000 years old. It is popular for its pyramids, residential complexes and circular plazas. It has monumental platforms made of earth and stone and low circular courtyards which was are architecturally impressive.

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Indeed, the fact that archaeologists had started accessing historical sites centuries ago is good although it might have had their impacts on these sites and on archaeology as a whole. Archaeology has proven to be positively impactful when it comes to understanding traditional cultures. For instance, they have helped with the continuous and progressive understanding of cultures with writing systems. The Museo de Sitio in Palenque, Mexico was first accessed in the 17 th century and part of its Mayan glyphs deciphered.

The traditional methods of excavations also usually were haphazard. One of these excavations are those that Napoleon’s army carried out against Egypt’s major historical sites. Concepts such as context and stratification did not make sense to the archaeologists then and were completely overlooked. However, the digging was aimed at discovering the monuments and artefacts, not preserving and understanding them as they were.

Today methods such as carbon dating make it easy to give age to the different archeological pieces found in ancient sites. The method has been used in different sites such as Jordan and Egypt to date the structures.

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Another ancient town that fell partly because of drought and the inability to feed its people is Chimney Rock. Here, drought occurred periodically. Drought limited the abilities of people to produce their own food which meant health problems for the residents. These droughts lasted for over 10 years which made life extra tough. However, Chimney Rock had an elaborate and excellent irrigation and water-containment system that drought is unlikely to be the only issue to have caused its abandonment. Another city was that of Tikal which was a Mayan city.

It was abandoned in the 9 th century because of many reasons including drought. Although the system had a proper water-collection and management system, it was designed to depend on rainfall. Their growing numbers forced them to cut down trees in the area thus reducing the rain. With time and drought, their reservoirs and systems dried up and they suffered. Archaeology has been able to help combine sources such as physical evidence and previously-acquired information to understand the structures and their essence in the lives of the people who used them at the time.

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StudyBounty. (2023, September 16). Native American Graves Protection and Repatriation Act.
https://studybounty.com/native-american-graves-protection-and-repatriation-act-essay

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