Property rights in human remains and artefacts and the question of repatriation.

Abstract

Rights for Aboriginal people in Australia are relatively new. Even some of the most basic social and democratic rights, such as being able to vote and to be counted on the census rolls, were not obtained until the 1960s. Property rights were not acquired even in a limited form until the 1970s, with the major breakthrough not occurring until the early 1990s. It is suggested that there are still unresolved property right issues in relation to Australia’s Aborigines with these being in regard to the ownership and possible repatriation of human remains and artefacts. This paper will, therefore, explore the issues relating to the possible return of both human remains and artefacts. It will look at what laws are already in place, what has been proposed, and will make some preliminary conclusions as to their effectiveness and what might be done in the future in regard to indigenous rights in this area. This involves weighing up the desire of indigenous groups for the return of what they consider to be rightfully theirs, and the desire by museums and other institutions around the world to retain their collections. First, however, it will examine the question of property rights in relation to land and how, after 200 years, the Australian courts finally came to recognize such rights.