An Analysis of the US Native American Graves Protection and Repatriation Act of 1990 and Its Lessons for Taiwan
Author: Morgan Chih-tung Huang
Abstract / Chinese PDF Download
In recent years, indigenous remains and their repatriation have become contentious issues in Taiwan. Although there are no simple solutions to this problem, one way to move forward is by learning from other countries. Intriguingly, although most Taiwanese scholars agree that NAGPRA (The Native American Graves Protection and Repatriation Act) is an exemplar of repatriation, there is a paucity of literature on this topic. This study analyzes NAGPRA from a legal-political perspective. After studying it in-depth, it becomes evident that NAGPRA is by no means a clear-cut success. In retrospect, it is true that NAGPRA has brought a lot of indigenous remains back to the tribes; nevertheless, under the category of culturally “unidentified/ unidentifiable”, thousands of remains are still legally curated or “detained” in museums. As an act which attempts to balance different interests, a delay seems to be an inevitable consequence. This article further argues that the best way to celebrate the 30th anniversary of NAGPRA is to learn from its strengths and limitations and, in turn, to apply it to our local context.