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By Michael White | March 19th 2009 09:30 AM | 10 comments | Print | E-mail | Track Comments
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About Michael White

Welcome to Adaptive Complexity, where I write about genomics, systems biology, evolution, and the connection between science and literature, government, and society.

I'm a biochemist


... Full Bio

There's a federal law that says Native American bones held by museums or other institutions have to be returned to the tribe they are associated with - if the tribe can prove the bones are in fact associated with them. Nature is reporting that the University of California is planning, over the objections of researchers, on handing over 10,000 year old bones to the Kumeyaay tribe, which claims the bones came from one of their sacred burial ground.

If the bones were clearly linked to the tribe, few people would object to handing the bones over; the problem is, the Kumeyaay tribe's claims are based on Native American creation myths. In reality, a Native American who lived 10,000 years ago cannot be associated with any particular tribe, anymore than the artists of the Lascaux caves can be considered French. The bones in California could be from a population ancestral to most Native Americans, or ancestral to none of them.

Obama's Interior Department is now considering whether to ignore the scientific review committee that is normally part of the decision to hand over Native American bones. As one anthropologist in the Nature news story said, this issue is going to put the Obama administration's claim to science-based decision making to the test.

Comments

Hank's picture
I am making a call here.  Uber-militant liberalism only wants to ridicule Christian creationism, including those in science who practice it.    It is unlikely progressives want to tell native Americans they're full of it, and even less likely Obama's perceived affection for science will supercede any minority position, no matter how tenuous.

jtwitten's picture
Reminding me of Tim Kreider's 2004 Science vs Norse Mythology:
http://www.thepaincomics.com/

adaptivecomplexity's picture
 It is unlikely progressives want to tell native Americans they're full of it,

Yeah, that's what I'm worried about. I'm not optimistic about the prospects for a science-based decision here, but I hope my gut feeling turns out to be wrong.

Gerhard Adam's picture

In fairness, I think this is a slightly different issue.  "Creationism" is only being held up to criticism because of its attempt to jump the religious boundary into science.  Beyond that, no one ever went out of their way to criticize a creationist belief as held by any number of Christians.

Similarly, the Native American claim is not being elevated beyond their belief, so it doesn't enter into the realm of criticism any more than any other religious belief does.

The problem here is not scientific, but political.  It is no different than having a "holy land" in the Middle East, or a sacred place in the Black Hills.  Scientific validation has nothing to do with this claim, but rather it is going to be viewed in terms of recognizing a people's culture.  From a scientific perspective, ALL of these claims may be "full of it", but there is no compelling reason for going in and tearing up people's cultures over it. 

It also comes down to the point that few people would argue that scientists should have the right to dig up anyone they find "interesting".  Clearly our parents, and grandparents are essentially protected from such an effort, and if we look at historical figures, it is equally unlikely that anyone would think it a good idea to dig up Washington or Ben Franklin and store their bones in a museum.  Therefore, the idea that graves are to be left alone is not an unusual or foreign concept, so the only question that remains, is (1) how much time has to lapse before we no longer consider a "group" connection to anyone living, or (2) how much evidence is necessary to establish a link to a discovered set of bones.

Since most people don't have a comprehensive family tree, a few generations separation is often all one needs before there is essentially no connection.  However, in the case of tribal traditions, the problem is a bit more complicated, because even though there may not be any individual connection, the connection is viewed from the cultural perspective and, in effect, represents part of the identity of the group (or tribe).

Interestingly enough I don't have much of an opinion one way or the other on this, but it seems that the scientists should also have to advance a compelling argument as to why these bones are important from a research perspective.  It would be a shame if the only argument that is advanced is simply to have an interesting display at a musuem.



Alternate Allele's picture
This is definitely a good controversy to rear it's head in light of the new administration.

In truth, Universities and Museums have an enormous amount of Native American remains.  The vast majority of these remains were obtained during less ethical times and anthropologists now a days do not practice such "bone collecting."  And if they do acquire remains now, then they follow NAGPRA laws which includes obtaining permission to perform genetic and other testing from the "most likely descendant" of that tribe that the remains belong to, if known.  If relations are good with anthropologists, often the local Native American representative will allow tests, and then once the anthropologist is done the remains will be returned for burial. 

In the case of these 10,000 year old remains, there is absolutely a need for these specimen types since we are still trying to reconstruct human migration into the new world. 

This present scenario is reminiscent of "Kennewick Man" (9,300 year old remains) and these Natives are more than likely challenging the UC's ownership as inspired by the Kennewick man controversy. 

During the Kennewick man controversy, Senator John McCain in 2005 wanted to pass an amendment to NAGPRA which would change the definition of "Native American" as defined in NAGPRA (that's right, we don't even have a solid definition of what a Native American is).  As a result, the Natives would have had claim to Kennewick man.  The amendment was never put in motion and the natives never got possession.  I imagine that depending on how heated this debate gets, something similar might happen again and perhaps that's what the Natives in this situation want.

It's too bad the Natives and anthropologists couldn't work together on this since it's crucial for progression of knowledge and preserving culture.  However, I must side with the anthropologists in that I've met a lot of them here in California, and they are very sensitive to Native American rights.  If they say that those remains are important and are not part of any modern tribe, then I trust them completely.  Furthermore, scientific evidence must prevail in court simply out of principle.

Gerhard Adam's picture
"It's too bad the Natives and anthropologists couldn't work together on this since it's crucial for progression of knowledge and preserving culture."

I think they could, but the political dimension tends to over-shadow a great deal of these issues.  The government hasn't been very honorable with respect to treaties and other instruments that were negotiated with Native tribes.  As a result we have this funny sort of "nation within a nation" mindset which can't be satisfying to anyone (except maybe the casino owners now).

This has also given rise to retaliatory efforts by Native Americans to try and use the legal system to garner control to their side of issues.  So, my point remains, in that, this is NOT a scientific issue but will be determined by the political circumstances around each side.

In this country we have a rather large unresolved issue with Native Americans, and it hasn't gotten any better over the years, so promoting cooperation is probably not that high on anyone's list.

adaptivecomplexity's picture
It also comes down to the point that few people would argue that scientists should have the right to dig up anyone they find "interesting". 

That's not the situation at all here. Leaving aside the fact that anthropologists aren't purposely going after designated sacred burial grounds (at least not now - sentiment was different in the 19th and early 20th centuries), in many cases these bones are turned up by accident, as in the very similar case of Kennewick man. I should have made this more clear in the post - the bones were unearthed "in 1976 near the clifftop home of the chancellor of the University of California, San Diego (UCSD)." I'm not sure why the tribe claims this is a sacred burial ground.
We should not hold American anthropology hostage to the wrong claims of a Native American tribe. This isn't the equivalent of archaeologists trying to dig up the Temple Mount in Jerusalem. It's an issue of some tribes basically laying claim to any discovery of bones in extremely vaguely defined geographical areas.


In terms of scientific value (and again, I didn't go into this in the post), the bones are typically more than just museum pieces. The initial settlement of the Western Hemisphere is an area of intense scientific interest, because we know less about the prehistoric settlement of the Americas than we know about any other geographic regions.





Gerhard Adam's picture

I have no quarrel with that position, nor did I mean to imply that the archaeologists involved are anything but ethical and respectful.  My point was only that this situation is going to be more political than scientific, so I think it is incumbent on both sides to make their arguments about why their position is the correct one.


I also agree, that if the Native American claim is without merit (i.e. just to make a political case), then their request should similarly be refused.

I personally am a bit skeptical about 10,000 year old remains, since this would be the equivalent of an Egyptian coming forth and laying claim to mummified remains.  A hard chain of evidence to construct.

I don't see this as simply a scientific challenge against a religious one.  This is political through and through, so when I suggest that the archaeologists need to make their argument, it should be based on why the scientific significance should take precedence over a vague claim of tribal ancestry (if it can't be definitely shown to exist).

In truth, if only people worried as much about respect and honor to those that are alive, instead of fawning all over the bones of the dead.



adaptivecomplexity's picture
I agree with you that politics has a lot to do with this. I also think that's true of Christian Creationism, which is often more about culture war politics, and less about genuine concern over religious beliefs.
The term creationism here is apt, or at least it is in many similar cases, because tribal creation myths have been put forward as counters to the arguments of anthropologists.


logicman's picture
Here in the UK we have a popular TV program called 'Time Team'.  It is presented by a celebrity, but the team comprises genuine archaeologists.  I have noticed that whenever they encountered human remains of whatever era, they handled those remains in a genuinely respectful manner and the remains were eventually respectfully re-intered.

Based on some very old laws - dating back to the days of an authoritarian state-endorsed church - our modern archaeologists must conform to laws and ethics when handling human remains.   I believe that the British Museum, for example, would respect a genuine application for the return of human remains.

However, I have noticed that where the matter of lack of provenance arises, as where prehistoric remains are already in museums, philosophy and ethics tend to get shoved aside in favour of purely political considerations.  I think that the political wrangling over human remains is in and of itself unethical.  If only the professional politicians  would adopt the twin legal stances 'de minimis non curat lex' - the law does not decide trifles, and 'ignoramus' - 'we ignore it'. 

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