Volume 13, Number 1, Jan. 1991, p.9

A New Era in Museum - Native American Relations

Following years of hot debate and efforts to recognize a wide spectrum of viewpoints, the federal government passed legislation in November 1990 that will change practices in most U.S. museums and other institutions that have collections of Native American, Native Alaskan or Native Hawaiian cultural materials and human remains.

Discussion of concerns and of experiences pertaining to this new legislation--H.R. 5237, The Native American Graves Protection and Repatriation Act--will help conservators approach this new era intelligently.

Native peoples have been given the right, under the new law, to obtain information from federally-supported institutions to learn what biological materials and artifacts from human burials, as well as what sacred objects and items deemed "cultural patrimony," are present in an institution's holdings. To make this information available, museums affected by H.R. 5237 will be preparing inventories listing all such items held, indicating cultural affiliations and the circumstances surrounding acquisition.

The law also mandates the return ("repatriation") to native peoples of some collection materials. Items for which an institution does not have "right of possession" must be released to legitimate claimants.

Related to these newly defined rights, but not part of the new legislation, is the fact that Native American groups are increasingly seeking to influence the way in which museums use and care for certain artifacts.

What does this new era in museum - Native American relations mean for conservators?

• What role does a conservator have during the process of repatriation of artifacts from his or her institution to Native American claimants? Some conservators are finding that this process is being handled entirely by curators and the director--is this appropriate?
• How will conservators respond when native peoples want collections cared for in ways that conflict with our profession's standards or code of ethics? How will conservators respond if a religious leader wants to scatter specially blessed cornmeal in the storage area to "feed" sacred artifacts? Or, suppose a clan that once used a ceremonial mask now in the museum's possession wants the mask to be allowed to disintegrate without intervention --how do we reconcile this approach to material goods with our profession's preservation philosophy?
• Should the conservation profession's code of ethics be modified to take into account the complications of multicultural values? Is it possible for us to see the natural demise of an artifact as "appropriate care?"
• What are a conservator's best sources of information about artifacts that may be "sacred" or in some other way require special sensitivity? Are there acknowledged authorities or information centers that can provide dependable, accurate information?
• Since private collectors may not be directly affected by the new legislation, how will conservators respond ethically when they are involved in work on sensitive or sacred materials in those collections? What are the ethical issues for a conservator who is asked by a private collector to design a special display case for a medicine bundle--which seems very much like one the conservator read was repatriated to a tribe in Montana? What are the professional and legal obligations of a conservator hired by a gallery owner to restore a recently-unearthed Mimbres bowl, known by common knowledge to have come from a prehistoric burial?
• What individuals and institutions are actively addressing these issues and can advise others?
• Are there precedents for the kinds of compromise that this issue requires in the conservation of contemporary, Western-world art, with its outspoken and influential artists who sometimes have "troublesome" opinions about the treatment of their artwork?

This is an exciting time of change as we face challenges to the established order. Conservators should prepare themselves to join others who are critically scrutinizing what have long been regarded as the rights and purposes of museum, university, and private collecting.

WAAC is exploring the possibility of a discussion panel at our Fall 1991 Annual Meeting to deepen our members' understanding of this subject and to provide a forum for presenting the experiences and concerns of individuals and institutions. Please get in touch with Elizabeth Welsh if you have thoughts, experiences, or any other contributions to make to a panel about this subject.