Objectif:
NAGPRA is landmark US federal human rights legislation enacted November 16, 1990, governing the return of Native American human remains, funerary objects, sacred objects, and cultural patrimony to lineal descendants, culturally-affiliated tribes, and Native Hawaiian organizations. Congress recognized that human remains “must at all times be treated with dignity and respect.”
Mesures:
Mandatory return of cultural items by federal agencies and federally-funded institutions
Comprehensive inventory requirements for collections
Consultation processes with tribal communities
Notice requirements for discoveries and planned activities
Civil penalties for violations
Cultural affiliation determination procedures
Protection of burial sites on federal and tribal lands
Limites:
Limited to federally-funded institutions, excluding many private collections
Complex cultural affiliation requirements can delay repatriation
Insufficient enforcement mechanisms and funding
Backlog of unprocessed claims due to resource constraints
Disputes over cultural affiliation determinations
Institutions may resist compliance due to costs
Limited scope excludes some categories of cultural items
NAGPRA represents the most comprehensive repatriation framework globally, establishing legal obligations rather than voluntary guidelines.
