Building a New International Mechanism for Repatriation of

Indigenous Peoples’ Cultural Heritage

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History is Made: The General Assembly Adopts the UN Declaration on the

Rights of Indigenous Peoples September 13th, 2007

The Declaration is the “Minimum Standard”

“The rights recognized herein constitute the

minimum standards forthe survival, dignity and

well-being of the indigenous peoples of

the world.” --Article 43

Article 11, UN Declaration on the Rights of Indigenous Peoples

“States shall provide redress through effective mechanisms, which may include restitution, developed in

conjunction with indigenous peoples, with respect to their

cultural, intellectual, religious and spiritual property taken without

their free, prior and informed consent or in violation of their laws, traditions and customs.”

-- Article 11, para. 2

Item: MHPE481 Price $1,500.00. Provenance:

California: A very nice brown, yellow and green woven

Yurok/Hupa Hat from the 1800's. A scarce and desirable item

-- “Western Artifacts” company sales catalogue , 2008

Article 12, paragraph 2 “States shall seek to enable

the access and/or repatriation of ceremonial objects and

human remains in their possession through fair, transparent and effective mechanisms developed in

conjunction with indigenous peoples concerned.” Aboriginal shield in the British

Natural History Museum, obtained in the 1700’s in “Botany Bay” Australia

The Declaration Obligates AllStates and the UN System

Article 42: "The United Nations, its bodies, including

the Permanent Forum on Indigenous Issues, and specialized agencies,

including at the country level, and States shall promote respect for and full

application of the provisions of this Declaration and follow up the

effectiveness of this Declaration.”

3. We reaffirm our support for the United Nations Declaration on the Rights of Indigenous Peoples…and our commitments made in this respect to consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior

and informed consent before adopting and implementing legislative or administrative measures that may affect them, in accordance with the applicable principles of the Declaration.

4. We reaffirm our solemn commitment to respect, promote and advance and in no way diminish the rights of

indigenous peoples and to uphold the principles of the Declaration.

WCIP Outcome Document commits States

“We affirm and recognize the importance of indigenous peoples’ religious and cultural sites and of

providing access to and repatriation of their ceremonial objects and human remains in accordance with the ends of the United Nations Declaration on the

Rights of Indigenous Peoples. We commit ourselves to developing, in conjunction with the indigenous peoples concerned, fair, transparent

and effective mechanisms for access to and repatriation of ceremonial objects and human

remains at the national and international levels.” – World Conference on Indigenous Peoples,

September 22, 2014 paragraph 27

The UNPFII 14th session, April 2015

“8.….The Forum therefore recommends that States and indigenous peoples establish a working group to prepare a manual of good practice with regard to the repatriation of ceremonial objects and human remains, with the support of the United Nations Educational, Scientific and Cultural Organization and other United Nations entities, and submit a progress report to the Forum at its fifteenth session.”

EMRIP Advice Submitted to the UN Human Rights Council, 201519. States should take effective measures to assess, redress and remedy the effects of past injustices and

violations of the rights of indigenous peoples by ensuring the restitution and repatriation of their cultural

heritage. --- August 9, 2015 [A/HRC/30/53]

EMRIP Study on the Promotion and protection of the rights of Indigenous Peoples with respect to their cultural

heritage, 201569. The right to redress and restitution where violations of the rights of indigenous peoples have occurred is a foundational element to ensuring reconciliation and the future commitment

to protecting the rights of indigenous peoples…71. The repatriation of the cultural heritage of indigenous

peoples is an important aspect of such restitution…

Northern California Indian Cultural

Items are held by 85 museums in

Europe and Russia

-- “Time’s Flotsam”, Santa Barbara

Museum of Natural History Press, 1990

A Matter of ongoing Global Concern

Consultation on International Repatriation, UNPFII15, May 13th, 2016

Recommendations in the Report of the 15th session of the UNPFII, May 2015

Proposals for the New Mechanism or Process for International Repatriation

1. Based on the rights affirmed Articles 11 & 12 of the UN Declaration, including recognition of Indigenous Peoples’ laws, traditions and customs and FPIC

2. Full participation of Indigenous Peoples’ representatives, States and UN bodies/agencies

3. Possible placement with EMRIP and/or UNESCO4. Direct access for Indigenous Peoples to information

about items held in each country (data base) 5. Regulations to halt the international transport of

Indigenous Peoples’ sacred items

The 1970 UNESCO Convention: Shortfalls and Opportunities

Article 4The States Parties to this Convention recognize that for the purpose of the Convention property which belongs to the following categories forms part of the cultural heritage of each State:…(c) cultural property acquired by archaeological, ethnological or natural science missions, with the consent of the competent authorities of the country of origin of such property;

Article 6The States Parties to this Convention undertake:

(a) To introduce an appropriate certificate in which the exporting State would specify that the export of the cultural property in question is authorized. The certificate should accompany all items of cultural property exported in accordance with the regulations;(b) to prohibit the exportation of cultural property from

their territory unless accompanied by the above-mentioned export certificate;

(c) to publicize this prohibition by appropriate means, particularly among persons likely to export or import

cultural property.

Article 13The States Parties to this Convention also undertake, consistent with the laws of each State:(a) to prevent by all appropriate means transfers of ownership of cultural property likely to promote the illicit import or export of such property;(b) to ensure that their competent services co-operate in facilitating the earliest possible restitution of illicitly exported cultural property to its rightful owner;(c) to admit actions for recovery of lost or stolen items of cultural property brought by or on behalf of the rightful owners;(d) to recognize the indefeasible right of each State Party to this Convention to classify and declare certain cultural property as inalienable which should therefore ipso facto not be exported, and to facilitate recovery of such property by the State concerned in cases

where it has been exported.

Sacred Yaqui Maaso Kova (ceremonial Deer Head) displayed in the National Ethnological

Museum, Stockholm Sweden

“Items of Ethological Interest” or Sacred Living Beings for Indigenous Peoples?

Meeting with Yaqui Nation Political and Cultural leaders, Sweden, United States, IITC and Sami

Parliament to discuss repatriation of the Yaqui Maaso Kova, May 11, 2016, Permanent Mission of Sweden

to the UN, New York City

As of this date, the Sacred Yaqui Maaso

Kova has still not been returned and

this ongoing violation of Yaqui cultural, spiritual and human rights

continues

The Ongoing Commercial Sale and Auction of Indigenous Sacred Items

One Katsinam was purchased and returned to Hopi spiritual leaders by their attorney and SI (photo by ICT

media). The Annenberg Foundation purchased and returned 24 others.

In April 2013 a French Judge approved the $1.6 million sale of 70 Hopi and Zuni sacred items by EVE Auction house in Paris

after the Hopi Tribe and Survival International went to court to halt the sale. The United States also

opposed, citing the 1970 UNESCO Treaty. Private sale

and auction of Indigenous sacred and ceremonial items continues

in various countries.

Recommendations for UNESCO1. Organize a seminar/seminars in 2017 with UN EMRIP and Indigenous Peoples’ representatives to develop/implement the new process or mechanism2. Set up a new data base listing items and encourage States to begin posting this information 3. Establish a new regulation requiring proof of FPIC from appropriate Tribal/Cultural /Indigenous entities before sale/international transport of sacred and ceremonial items or human remains is permitted

(example: CITES for endangered species)

Cheoque Utesia Thank You Very Much

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