Below we see two articles from the same source (Science), but two months apart, reporting on how an archaeology journal is prohibiting authors from publishing pictures of ancient objects from Native Americans that were dug up on indigenous lands. You can just read the first article if you want the more comprehensive take, but there’s one factual difference between the two—a difference that’s fairly important. (Click on each headline to read.)
Both articles, however, report that the Southeastern Archaeological Conference (SEAC) has a new rule that its journal, Southeastern Archaeology, will no longer allow authors to publish pictures of funerary objects except in “a supplemental online database”. Only line drawings of found objects can be reproduced, and in both cases, researchers would have to get permission of “tribes”.
There are several rubs. First, which tribe? Given that lands have changed hands repeatedly, and Native Americans have moved around, both on their own and forcibly by the government, how can one be sure which tribe you need to consult? Perhaps the nature of the burial objects, or any useful DNA, could tell you, but remember that objects are not human remains (those have already been prohibited from being photographed or even studied by researchers), but objects.
And that is the second rub: on what grounds can present-day Native Americans claim ownership of objects created by their ancestors long ago? It’s as if you dug up Viking helmets in Greenland and you couldn’t photograph or study them because they had to be returned to the ancestors of those who wore them. This is not the practice, of course; it’s only in America and Canada where objects of archaeological interest found in a country cannot be studied by citizens of that country without securing permission of the presumed descendants of the ancient ancestors.
That leads to the third rub: the prohibition is intimately connected with spirituality and religion. The objects, like the bones themselves, are considered sacred:
Many tribes with ties to the U.S. Southeast say seeing such images is a profound spiritual and cultural violation, and that publishing them is exploitative.
. . . Avoiding such images is crucial for some Indigenous people. “Funerary objects are sacred and part of the ancestor they were buried with,” says RaeLynn Butler, citizen of the Muscogee (Creek) Nation and historic and cultural preservation manager for her tribe. Many tribal members say seeing images of ancestral remains and funerary objects is a violation so profound it can induce physical illness. “From a Muscogee cultural perspective, publishing photos of funerary objects is a form of exploitation,” she says.
This seems a bit extreme, and to me it suggests that this kind of “offense” may be largely a power play (see below).
Of course Vikings could make the same claim if an object is funerary. Do we need to respect those claims? Which descendants of Norsemen must we consult?
Although the SEAC vote in October verified this rule by a fairly narrow margin 56%-44%, the first article says that the rule was already put into place by fiat of SEAC’s executive committee, not by vote of its members:
The petitioners say their biggest complaint is that SEAC’s executive committee approved the policy without putting it to a vote by the membership. Such a significant change “should be a policy the membership is invested in, not one that a small group of members have imposed,” Steponaitis says.
Well, perhaps the petition was circulated just to see if the members would verify a policy that was already approved. This isn’t important: what is important is that the policy remains in place, it prohibits display of photographs of objects created by Native Americans without strict permission, and, most important, this is surely going to spread to other groups.
The downside, of course, is that banning or restricting circulation of photos (and even line drawings without permission) impedes our study of the human past. Although all the archaeologists agree that Native Americans should be consulted out of civility (I agree, but I don’t think they should have censorship rights over photographs), several archaeologists explain why the free dissemination of photographs is important:
Archaeologists on both sides of the debate agree consulting tribes is an ethical imperative and often improves research. But Steponaitis says scholars ranging from Ph.D. candidates to emeritus professors told him they worried that under the new image policy, their work could no longer be published by their society’s flagship journal, and that yearslong projects could be suddenly stalled. What is considered ethical is changing so fast that “the goalposts are moving from week to week,” he says.
That’s especially concerning to those in the field of iconography, which deciphers the meaning of the motifs decorating funerary objects through detailed visual analysis. Without images of an object, an iconographic study “is unintelligible,” says Vernon James Knight, an archaeologist and professor emeritus at the University of Alabama, who signed the petition.
Line drawings are prohibitively expensive and don’t capture critical subtleties, and photos published as online supplemental material will likely disappear as technology changes, Steponaitis says. He also argues the new consultation requirement impinges on academic freedom. “If what I publish as a scholar can be suppressed by government officials—and I don’t care if it’s a state government, the federal government, or a tribal government—that’s a huge problem,” he says.
If the restrictions spread, they could hamper education and even preservation, worries Jessica Fleming Crawford, the southeast regional director for the Archaeological Conservancy and a SEAC member who signed the petition. Students who don’t see funerary objects in the classroom might not recognize them during salvage work, she says. “I’ve walked around so many sites surrounded by destruction,” she says. “I want us to have the best archaeologists out there working for and with tribes.”
. . . If the restrictions spread, they could hamper education and even preservation, worries Jessica Fleming Crawford, the southeast regional director for the Archaeological Conservancy and a SEAC member who signed the petition. Students who don’t see funerary objects in the classroom might not recognize them during salvage work, she says. “I’ve walked around so many sites surrounded by destruction,” she says. “I want us to have the best archaeologists out there working for and with tribes.”
Here are two arguments why the funerary objects should be controlled by presumed descendants of those who created them. There’s a legal argument as well as an argument based on “institutional review boards” used to vet research before it is done,
Butler and other supporters of the policy compare the consultation requirement to the institutional review board process mandated in other fields of research. They also point out that federally recognized tribes are sovereign nations and have the right to govern their cultural heritage. “It’s just like if you were doing archaeology in Greece,” where researchers need permits and must comply with heritage laws, says Victor Thompson, an archaeologist at the University of Georgia and a SEAC member who supports the policy.
The review board argument cuts no ice with me, since research is vetted before it’s done, but the “sovereign nation” argument may hold up—if it’s verified in court.
North America is the only country I know of where it’s illegal to publish photographs of objects dug up by citizens of that country. (I’m sure that there are strictures about not only photographing but digging for objects in other countries.) I think the new rules are not only wrong, illogical, and, most of all, inimical to acquiring knowledge. The presumption is that the objects belong to the descendants of those who created them, but that’s not clear to me (in Britain, I believe if you find objects on private land, you have to split the take with the landowner, but there’s no photographic prohibitions.) And objects looted or acquired illegally from other countries, like many objects in Western museums, should be returned to the original country. However, the “spirituality” argument leaves me cold.
How should these objects be treated? For human remains, if an existing tribe can show through historical or DNA evidence that those remains belong to ancestors of that tribe, the objects should first be studied thoroughly by scientists, and then returned to the tribes. (I do have some doubts about that, though.) But establishing ancestral provenance is not all that easy.
As for objects dug up with the remains, I don’t favor prohibitions on photographing or drawing them. Or even giving them back to existing groups. Yes, you can do your excavations by consulting with Native Americans, but I don’t think they automatically deserve possession of the objects, which, after all, have educational value and should be in universities or museums.
The more I ponder this, the more I think that the argument is largely about power: who has the power to control our knowledge of human history? Native Americans, by automatically reclaiming anything that they think is connected with their ancestors, are trying to control the history of what may be their ancestors, but also a history that belongs to all of us. Scholars, on the other hand, aren’t so much interested in power as in knowledge—and knowledge, when published, does belong to all humanity.
I’m on the side of the scholars in this one, though of course one should be sensitive to the feelings of Native Americans and collaborate with them whenever possible. But that doesn’t mean bowing to their every demand.
But of course your view may differ, and by all means weigh in below.
h/t: Jon