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The Long Way Home
Museums and Collections
Editors: Mary Bouquet, University College Utrecht, and Howard
Morphy, The Australian National University, Canberra
As houses of memory and sources of information about the world, museums
function as a dynamic interface between past, present and future. Museum
collections are increasingly being recognized as material archives of human
creativity and as invaluable resources for interdisciplinary research. Museums
provide powerful forums for the expression of ideas and are central to the
production of public culture: they may inspire the imagination, generate heated
emotions and express conflicting values in their material form and histories. This
series explores the potential of museum collections to transform our knowledge
of the world, and for exhibitions to influence the way in which we view and
inhabit that world. It offers essential reading for those involved in all aspects of
the museum sphere: curators, researchers, collectors, students and the visiting
public.

Volume 1
The Future of Indigenous Museums: Perspectives from the Southwest Pacific
Edited by Nick Stanley

Volume 2
The Long Way Home: The Meanings and Values of Repatriation
Edited by Paul Turnbull and Michael Pickering
The Long Way Home

The Meanings and Values

of Repatriation

Edited by
Paul Turnbull and Michael Pickering

Berghahn Books
New York • Oxford
 First published in 2010 by
Berghahn Books
www.berghahnbooks.com

©2010 Paul Turnbull and Michael Pickering

All rights reserved. Except for the quotation of short passages for the purposes
of criticism and review, no part of this book may be reproduced in any form
or by any means, electronic or mechanical, including photocopying,
recording, or any information storage and retrieval system now known
or to be invented, without written permission of the publisher.

Library of Congress Cataloging-in-Publication Data

A C.I.P. record for this book is available from the Library of Congress

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Printed in the United States on acid-free paper

Published in association with The National Museum of Australia Press.

ISBN 978-1-84545-958-1 (hardback)

 Contents

Acknowledgements vii
Introduction 1
Paul Turnbull

Part I Ancestors, Not Specimens

1 The Meanings and Values of Repatriation 15
Henry Atkinson

2 Repatriating Our Ancestors: Who Will Speak for the Dead? 20

Franchesca Cubillo

Part II Repatriation in Law and Policy

3 Museums, Ethics and Human Remains in England: 29

Recent Developments and Implications for the Future
Liz Bell

4 Legal Impediments to the Repatriation of Cultural Objects 35

to Indigenous Peoples
Kathryn Whitby-Last

5 Parks Canada’s Policies that Guide the Repatriation of Human 48

Remains and Objects
Virginia Myles

Part III The Ethics and Cultural Implications of Repatriation

6 What Might an Anthropology of Cultural Property Look Like? 59
Martin Skrydstrup

7 Repatriation and the Concept of Inalienable Possession 82

Elizabeth Burns Coleman
vi Contents

8 Consigned to Oblivion: People and Things Forgotten in the 96

Creation of Australia
John Morton

Part IV Repatriation and the History of Scientific Collecting of

Indigenous Remains

9 The Vermillion Accord and the Significance of the History 117

of the Scientific Procurement and Use of Indigenous Australian
Bodily Remains
Paul Turnbull

10 Eric Mjöberg and the Rhetorics of Human Remains 135

Claes Hallgren

Part V Museums, Indigenous Peoples and Repatriation

11 Scientific Knowledge and Rights in Skeletal Remains – 147

Dilemmas in the Curation of ‘Other’ People’s Bones
Howard Morphy
12 Despatches From The Front Line? Museum Experiences in 163
Applied Repatriation
Michael Pickering

13 ‘You Keep It – We are Christians Here’: Repatriation of the 175

Secret Sacred Where Indigenous World-views Have Changed
Kim Akerman

14 The First ‘Stolen Generations’: Repatriation and Reburial in 183

Ngarrindjeri Ruwe (country)
Steve Hemming and Chris Wilson

Notes on Contributors 199

Index 203
 Acknowledgements
We wish to thank the National Museum of Australia and the Australian National
University’s Research School of Humanities for generously sponsoring the
Meanings and Values of Repatriation Conference held in Canberra in 2005. The
essays in this collection grew out of that remarkable event and the conversations
that began there. Our special thanks to Howard Morphy and Craddock Morton
for their encouragement and support, and to Rick West, who made time despite
his busy schedule then as Director of the National Museum of the American
Indian to participate in the conference. We also thank Julie Ogden and the
Publication Section of the National Museum of Australia for their invaluable
assistance in the preparation of this book.
 Introduction
Paul Turnbull

This collection of essays has its origins in conversations, stimulated by the

National Museum of Australia’s experiences of the repatriation of Aboriginal
Australian ancestral bodily remains.
Unlike most of Australia’s larger state museums, the history of the National
Museum of Australia does not date back to the nineteenth century and the
institution, therefore, had no interest in actively seeking to acquire human
remains or Aboriginal and Torres Strait Islander peoples secret/sacred objects that
are typically covered by cultural sanctions as to access. The Museum was not
established until 1980 and its architecturally striking exhibition spaces, on
Canberra’s Acton Peninsula, were opened to coincide with the centenary of the
federation of Australia in 2001.
Even so, the Museum has been actively involved in repatriation. It inherited,
and has sought to resolve the fate of, Aboriginal remains that were collected by
other federal institutions that have since ceased operations, notably the Australian
Institute of Anatomy, which closed in the mid 1980s. More importantly, since the
early 1990s, the Museum has acted as a voluntary repository for unprovenanced
remains and items that have been returned to Australia by overseas museums and
other scientific institutions. The goal of the Museum has been to consult with
Indigenous communities with a view to having remains that have been consigned
to its care returned to their community of origin, in most cases for reburial in
accordance with ancestral law. Over the past two decades, staff who have been
assigned to the Museum’s repatriation program have assisted in the return of the
remains of over 1000 Indigenous people to their ancestral communities.
I first met the director of the Museum’s repatriation unit, Michael Pickering,
in the mid 1990s as a result of my ongoing interest in the history of the
procurement and scientific uses of Aboriginal ancestral remains. At the time, I
was gathering archival evidence about the plundering of burial places in the 1930s
and 1940s by George Murray Black, an engineering graduate of Melbourne
University who took over the running of his family’s pastoral property in South
Gippsland. Black was a keen amateur anthropologist who spent his leisure time
exhuming the bones of around 1800 individuals from burial places along the
Murray River in northern Victoria. Until the late 1930s, the main beneficiary of
his grave-robbing was the Australian Institute of Anatomy, founded in 1919 by
2 Paul Turnbull

Colin Mackenzie, a fellow Melbourne University graduate and comparative

anatomist who went on to specialise in orthopaedics, and was to direct the institute
until the year before his death in 1938. Mackenzie encouraged Black to send him
the remains of people who had died at some point after coming into contact with
Europeans, as evidenced by their burial with coin and steel axes. But it seems clear,
from correspondence between Black and Mackenzie that is held by the National
Library of Australia, that the anatomist especially sought to obtain skulls with ‘low
foreheads with petrification’ (Mackenzie 1935). My interest was in how
Mackenzie’s interest in such skulls was connected with contemporary thinking
about the evolutionary genealogy of the human species, notably the claim by Sir
Arthur Keith, at this time Britain’s pre-eminent authority on ancient man, that a
skull unearthed in 1925 from a large burial place on the floodplain of the Murray
River was one of the most primitive human forms known to science.
The Museum’s repatriation program had sought to acquire what knowledge it
could of Black’s successive donations to the institute through the 1930s of oil-
drums packed with skeletal material. The Museum was thus able to provide me
with important pieces of the intellectual jigsaw that I was trying to piece together.
However, Pickering’s and my discussion of this disturbing legacy to the Museum
soon gave way to our talking at length about our respective involvement in
repatriation, and the difficulties encountered by Indigenous people and Museum
personnel in enabling remains that were deaccessioned from collections to make
the journey home to ancestral country.
In my case, investigating the history of how remains found their way into
Museum and medico-scientific collections had brought home to me the
frustration that the Museum experienced because of the lack of evidence, in many
cases of where and in what circumstances, items that had been received by the
Museum after their return from overseas institutions had originally been
procured. As Deanne Hanchant has observed of her time as the archival
researcher on the National Skeletal Provenancing Project that was established in
1995, more than 1000 remains – about one fifth of the total then held by
Australian museums and medical institutions – could not be provenanced
(Hanchant 2002: 312). Having read my way through a number of museum
archives in the United Kingdom and continental Europe, my sense was that the
ratio of remains that left Australia between the late 1790s and 1930s with no
documentation beyond vague geographical descriptors such as ‘Australian’, or
‘From Central Queensland’, was slightly higher.
Pickering and I also had impressions and stories to share about the debates
within Australian museums, anthropological and archaeological circles that were
provoked by Indigenous people’s growing determination through the 1980s to
end unconstrained investigation of their dead and to have remains that were
resting in museums and medical collections unconditionally returned for burial.
Colin Pardoe has vividly described these demands for ‘… control,
accountability and recognition of … [Indigenous] ownership of the past’ as
having a cyclonic impact on the Australian archaeological profession, amongst
Introduction 3

whose members were researchers with the largest intellectual investment and most
active interest in seeing work on remains continue (Pardoe 1991: 16). Certainly,
as campaigning gathered momentum, there were angry exchanges, accusations
and both scientific and Indigenous aspirations were misleadingly and divisively
represented in national media. Key figures in Indigenous representative
organisations, notably the Tasmanian Aboriginal Centre (TAC) and the Brisbane-
based Foundation for Aboriginal and Island Research Action (FAIRA),
unjustifiably accused archaeologists as being no different from racial scientists of
the later nineteenth century whose plundering of the Aboriginal dead provided
the raw intellectual material from which colonialist notions of Indigenous
evolutionary inferiority were fashioned. Some in archaeological and museum
circles responded with the equally false and misleading claims that repatriation
activists were espousing a new and dangerous species of ethical relativism – a
‘Black Creationism’ with little or no connection with Aboriginal culture.
Nevertheless militancy, especially on the part of TAC and FAIRA, was influential
in generating public awareness and sympathy for the Indigenous case that in turn
led some researchers and museum personnel to reevaluate the ethics of continuing
to privilege their aspirations over the ancestral obligations of Indigenous people
in respect of the dead.
However, it is vital not to overlook that the winds of change were stirring well
before controversy spilled into the public domain.Since the early 1970s, there
were many anthropologists and a number of archaeologists who had been
questioning the ethics of exhuming burial places and retaining bones for study.
The late Peter Ucko, for example, when principal of the Australian Institute of
Aboriginal Studies in Canberra between 1972 and 1980, made no secret of his
commitment to Indigenous self-determination in respect of remains and sacred
cultural items. During his tenure, he negotiated the repatriation of remains at the
request of several north Australian communities. By the early 1980s, the state
museums of South Australia, Victoria and New South Wales were working in
concert to transcend their colonial past by establishing new relationships with
Aboriginal and Islander people that were likewise grounded in recognition of
their rights to determine the uses of their cultural heritage that was held by
museums. These new partnerships inescapably brought new obligations, as Des
Griffin, director of Sydney’s Australian Museum through the 1980s, aptly put it
in the early 1990s. Indeed, what was going on within most Australian museums
with little publicity was to create the essential preconditions for their accepting
and supporting repatriation with what limited resources were at their disposal.
Despite ongoing claims by FAIRA that museums continued to be opposed to
repatriation, the reality by the mid 1990s was that failures to resolve the fate of
remains were due to museums’ lacking the resources to support the research and
often lengthy periods of consultation the appropriate recipients of remains saw as
necessary to ensure that they could be confident of fulfilling their obligations to
the dead as demanded by ancestral law.
4 Paul Turnbull

Moreover, in the case of the Australian Archaeological Association, it was

concerned to refute publicly claims that some of its members were morally on a
par with racial scientists of the Victorian period. It rightly expressed dismay at the
‘negative and socially divisive’ comments made by prominent Indigenous activists
about John Mulvaney, Australia’s most eminent archaeologist, and those of his
colleagues who publicly declared that they could not condone the loss of remains
to researchers through their reburial on the grounds that it would deny all
humanity potentially important new insights into their shared deep past. Even so,
by 1984, the association agreed that repatriation was justified in the case of
known individuals, or when those with clear ancestral affinities to the dead
wanted their remains reburied. Again, the preconditions were laid for accepting
that the fate of all remains was ultimately the right of Indigenous Australians to
determine. Today, the association is one of the most vocal advocates for the
repatriation of remains that are still held by overseas museums and medico-
scientific institutions.
When I visited the Museum in 2004, Pickering and I spoke at length about
this shift in how repatriation has come to be understood within and beyond
Australia’s museum and research communities. We were struck by a number of
things about this new landscape. Growing public support for repatriation since
the mid 1990s had led the Australian federal and state governments to sponsor
research to determine the provenance of remains before returning them to
communities, and to provide support for elders and community leaders to
negotiate the return of remains from overseas collections. In 2000, the Australian
Government began enlisting the help of the British and other European Union
governments to persuade institutions in their respective spheres of authority that
held remains to agree to negotiate their repatriation. This had had various positive
results with notably, in 2001, the British Government convening a parliamentary
working group on the status of human remains in public collections.
As Elizabeth Bell explains in her chapter in this volume, the recommendations
of this British working group were a major factor in persuading several British
museums and scientific institutions, who had hitherto declared themselves
ethically bound to deny repatriation claims, to see that entering into negotiations
for the return of remains was inevitable, and best begun without further delay.
Although, as Bell points out, what also weighed in this decision was the publicity
surrounding the history of the illicit removal of hundreds of organs from dead
children at Liverpool’s Alder Hey Hospital. This helped generate British
awareness and support for the return of Aboriginal remains. Moreover, in the case
of the British Museum (Natural History), the decision to discuss repatriation was
clearly undertaken in the hope that some reconciliation of scientific and
Indigenous interests in their holdings might yet be achieved.
Even so, we were aware that repatriation continued to have its critics in Britain
and continental Europe. As in Australia during the 1980s, these critics argued that
returning remains to Indigenous ownership and probable reburial would deny all
humanity the possible benefits accruing from various lines of medical or scientific
Introduction 5

research. They were clearly and genuinely disturbed by what they saw as the
triumph of cultural relativism over science’s universalist, humanitarian aspirations.
Indeed, for some, this slide into cultural relativism seemed to stem from irrational
and unnecessary guilt about the treatment Aboriginal and Islander people
experienced in Australia’s colonial past. Obviously, the meanings and values
repatriation have accrued since the 1980s are entangled with and shaped by ongoing
reappraisal of this colonial past. It has also had much to do with envisaging a future
in which the aspirations of Indigenous Australians to reclaim and freely enjoy their
cultural heritage are respected and supported. However, it seemed to Pickering and
I that it would be useful to start a wider conversation in which scholars from a range
of disciplinary perspectives could provide greater insight into the phenomenon of
repatriation.
This was the background to the multidisciplinary conference that Pickering
and I convened with Howard Morphy, a leading anthropologist of Aboriginal art
and culture, in September 2005. The conference was generously supported by the
Museum and the then Centre for Cross-cultural Research at the Australian
National University. This book offers selected essays about various aspects of
repatriation that in most cases have their origins in papers given at the conference.
Following the conference, we invited the authors to revise their papers in the light
of the discussions that went on during and several months following the event.
One further goal of the conference was to ensure that there was ample time for
Elders and other Indigenous people involved in repatriation to speak freely about
their experiences and concerns. For it was clear, from talking to both museum
professionals and Indigenous people in the planning stages of the event, that
repatriation continued to raise problems and issues that could be valuably
considered in sessions during which Elders led discussions involving all
participants. This was to be how the numerous Indigenous participants at the
conference contributed to the conference. However, two discussants were kind
enough to write about the issues they raised in discussion and helped us
understand those issues with greater clarity. Their essays appear as the first two
chapters in this volume. The first is by Henry Atkinson, a Wolithigia Elder and
spokesperson for the Yorta Yorta Nation Aboriginal Corporation. Atkinson has
been involved for over two decades in securing the repatriation of the remains of
his people and the protection of burial places in their ancestral country which is
located in the region of the junction of the Goulburn and Murray Rivers in
present-day north-east Victoria. His essay underscores the profound obligations
the Yorta Yorta have to the dead, while providing insights into how repatriation
is entangled with memories of past colonial oppression and the continuing
struggle to fully overcome its pernicious legacies.
The second essay is by Franchesca Cubillo, a Larrakia woman and museum
professional who has worked in several Australian cultural heritage institutions
over the past two decades. Cubillo reflects on the development of repatriation
policies in Australian museums since she began working as a curator at the South
Australian Museum in 1989. She points out that, even though the right of
6 Paul Turnbull

Indigenous communities to determine the fate of ancestral remains is no longer at

issue, their return to ancestral country continues in many instances to be a long
journey that has not yet ended. Museum professionals continue to encounter
difficulties, the most significant being the lack of funding that they have to support
and assist communities satisfactorily to the point at which they are confident that
they can give remains to the care of country as prescribed by ancestral law.
Cubillo also questions the adequacy of current Australian laws and policy
frameworks in respect of repatriation, and draws attention to Indigenous
dissatisfaction with the Australian Government’s management of repatriating
remains from overseas institutions since 2005. On this latter issue, the problem,
she argues, has arisen since the demise of the Aboriginal and Torres Strait Islander
Commission (ATSIC). A federal authority with an elected Indigenous leadership,
ATSIC was designed to give Indigenous Australians an effective voice within the
Australian Government. It had responded to its constituency by provided funding
to enable Elders and their nominees to negotiate personally with overseas
museums and scientific institutions on the return of remains and to then oversee
their repatriation, ensuring appropriate ceremonies and other cultural obligations
were observed. With the abolition of ATSIC in 2005, overseas repatriations came
to be administered by the Office of Indigenous Policy Coordination (OIPC),
initially established within the then federal Department of Immigration and
Multicultural Affairs. Cubillo expresses concern that such arrangements do not
provide for sufficient consultation with Indigenous communities, and that there
needs to be a more co-ordinated approach that recognises that it is problematic
for non-Indigenous staff of OIPC to assume roles in repatriation that ought
rightly to be undertaken by Indigenous people only.
The next two chapters explore key aspects of the legal and policy dimensions
of repatriation. Bell discusses the findings and recommendations of the working
group on human remains that was established in 2001 by the United Kingdom’s
Department of Culture, Media and Sport, and then considers the implications of
2004’s legislative reform that governs the uses of human tissue in the United
Kingdom. Bell points out that, while guidelines enabling repatriation
negotiations from British museums and medical schools now exist, they remain
simply guidelines. Institutions still holding Indigenous Australian remains
continue to have the power to decide their fate on the basis of advice from their
own internally established expert committees.
Kathryn Whitby-Last’s essay examines the legal impediments Indigenous
people face, when seeking the return of items of cultural property of religious or
other great cultural significance, in both international and national legal systems
that originate in British common law. She begins by reminding us that
Indigenous people continue to have little control over how their cultural heritage
is defined for the purposes of deciding the relevant law by which such claims to
objects are judged. For these legal definitions largely reflect other culturally
engrained assumptions that seriously misconstrue the significance that objects
have for Indigenous claimants. Whitby-Last goes on to explain the implications
Introduction 7

of repatriation claims being, legally speaking, not claims for restitution that can
easily be judged by analysis of property rights. She explains that, in the domains
of both public and private international law, repatriation claims for items from
overseas institutions invariably become moral arguments in which recourse to
legal precedents may play little part beyond possibly influencing the terms under
which items might be returned to their community of origin. Indeed, Indigenous
claims can be adversely affected by institutions relying on the state of relevant law
to maintain what may generally be seen as morally dubious continued possession
of human remains and religiously significant items.
In reflecting on the Australian experience of repatriation, several contributors
to this volume draw attention to relevant North American law and policies,
noting in particular the impact of the United States’ Native American Graves
Protection and Repatriation Act (NAGPRA), that was enacted in late 1990.
However, as Virginia Myles’ chapter on the Canadian experience of developing
policies guiding the repatriation of human remains shows, developments north of
the 49th parallel are equally of interest and relevance to nations where Indigenous
peoples experienced large-scale loss of their cultural patrimony to museums and
other scientific institutions. Myles reviews the work of Parks Canada and its
responsibilities as a key federal agency in the development of policies and
guidelines for the repatriation of Indigenous Canadian remains. Myles sketches
the development of Canadian Government responses to Indigenous groups since
the 1960s through several government commissions and task forces. In doing so,
she highlights that much of the success that Parks Canada has had in managing
repatriation claims has been due to its fostering of dialogue with Indigenous
groups and its involvement in providing young Indigenous Canadians with
practical experience in cultural resource management.
Repatriation not only has its legal complexities, but also raises theoretical and
ethical questions about objects, their possession and their potential to have very
differently enculturated meanings. Chapters 6, 7 and 8 are by researchers in the
disciplines of anthropology and philosophy who seek to engage with these
questions. Martin Skrydstrup is an anthropologist who has extensively researched
the politics and ethics of material culture and repatriation in a variety of different
contexts. In his chapter, he reflects on the complexities that are inherent in
repatriation and similar transactions in cultural property, outlining a persuasive
case for the development of a new conceptual vocabulary enabling the
development of a broader and more just understanding of the meanings of cultural
property after colonialism. Elizabeth Burns Coleman is a philosopher who has
written with great insight on the ethics of appropriation and meanings of
intellectual and cultural property. In this chapter, she considers how the concept of
inalienable possession has been central to the justification of repatriating ancestral
remains and other objects of sacred or profound cultural significance.
Burns Coleman is especially concerned to show that there are serious moral
and political risks in advocates of repatriation assuming that patrimonial and
sacred objects are things that cannot be alienated, and that this inalienability
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