page_title: Native American Graves Protection and Repatriation Act
section_title: International policies
hierarchical_section_title: Native American Graves Protection and Repatriation Act / International policies
caption_attribution_description: The distinctive marking of cultural property, as defined by the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, on the building of the University Library of Innsbruck, Austria
context_page_description: The Native American Graves Protection and Repatriation Act, Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048, is a United States federal law enacted on 16 November 1990.
  The Act requires federal agencies and institutions that receive federal funding to return Native American "cultural items" to lineal descendants and culturally affiliated Indian tribes and Native Hawaiian organizations. Cultural items include human remains, funerary objects, sacred objects, and objects of cultural patrimony. A program of federal grants assists in the repatriation process and the Secretary of the Interior may assess civil penalties on museums that fail to comply.
  NAGPRA also establishes procedures for the inadvertent discovery or planned excavation of Native American cultural items on federal or tribal lands. While these provisions do not apply to discoveries or excavations on private or state lands, the collection provisions of the Act may apply to Native American cultural items if they come under the control of an institution that receives federal funding.
context_section_description: The issues of such resources are being addressed by international groups dealing with indigenous rights. For example, in 1995 the United States signed an agreement with El Salvador in order to protect all pre‑Columbian artifacts from leaving the region. Soon after, it signed similar agreements with Canada, Peru, Guatemala, and Mali and demonstrated leadership in implementing the 1970 UNESCO Convention. The UNESCO convention had membership increase to 86 countries by 1997, and 193 by 2007. UNESCO appears to be reducing the illicit antiquities trade. It is not an easy business to track, but the scholar Phyllis Messenger notes that some antiquities traders have written articles denouncing the agreements, which suggests that it is reducing items sold to them.
  An international predecessor of the UNESCO Convention and NAGPRA is the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. The Hague Convention was the first international convention to focus on preserving cultural heritage from the devastation of war. Looting and destruction of other civilizations have been characteristics of war recorded from the first accounts of all cultures.
  On September 30, 1897, Lieutenant Robert Peary brought six Inuit people from Greenland to the American Museum of Natural History in New York, at the request of the anthropologist Franz Boas, in order to "obtain leisurely certain information which will be of the greatest scientific importance" regarding Inuit culture.  About two weeks after arrival at the museum, all six of the Inuit people became sick with colds and fever. They began to perform their tribal healing process and were mocked for their bizarre behavior. These people became a form of entertainment for the Americans. By November 1, 1897, they were admitted to the Bellevue Hospital Center with tuberculosis, which they likely had contracted before their trip. In February, the first Inuit died and shortly after that two more followed. By the time the sickness had run its course, two men survived.  Minik was adopted by a superintendent of the museum, while Uissakassak returned to his homeland in Greenland. Later, after being lied to and being told that his father Qisuk had received a proper Inuit burial, Minik was shocked to find his father's skeleton on display in the museum.
  In 1993 the museum finally agreed to return the four Inuit skeletons to Greenland for proper burial. Representatives of the Museum went to Greenland that year to participate. In contrast to peoples in other areas, some local Inuit thought that the burial was more desired by the Christian representatives of the museum, and that the remains could have just as appropriately been kept in New York. David Hurst Thomas' study of the case shows the complexity of reburial and repatriation cases, and the need for individual approaches to each case by all affected parties.
caption: Distinctive Marking of Cultural Property, Hague Convention
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