In the wake of a legal battle over the reburial of the skulls of black Philadelphian individuals in 2022, the ethical considerations surrounding human remains have taken center stage. The case brought to light the complex issues museums and researchers face when dealing with collections of deceased individuals, and it resonates with similar controversies in institutions worldwide. Ethical perspectives on this matter remain far from standardized, despite decades of scholarship by black scholars, Indigenous scholars, and scholars of color.
In March 2023, a team of anthropologists delved into this issue in a commentary published in the journal Nature Ecology & Evolution, using the National Museum of Natural History (NMNH) as a case study.
A Troubled Legacy
The origins of biological anthropology are deeply rooted in a troubled past. In the late 18th century, it was known as physical anthropology, a field that aimed to understand human diversity but, in reality, perpetuated racialized science. White scientists and collectors procured human remains, forming pseudoscientific justifications for racism that profoundly harmed marginalized communities.
The field has since rebranded itself as biological anthropology in an effort to distance itself from its racist origins. However, it still grapples with its legacy, particularly concerning the treatment of non-Indigenous human remains. The Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 created a legal framework for Native American tribes to repatriate their ancestors according to their community's wishes, but it does not extend to non-Indigenous communities, leaving many archaeological sites, including cemeteries of enslaved people, without protections.
The Path to Ethical Stewardship
To address these issues, biological anthropologists are pushing for change. The American Association for Biological Anthropology (ABA) has established a task force on the ethics of curating and using human remains. The flagship journal of the ABA, the American Journal of Biological Anthropology, is set to require academic papers to include information on the legal and ethical acquisition of human remains. However, the absence of uniform guidance means that policies for managing human remains are at the discretion of individual institutions.
Many scientists lack standardized training in ethical research on human remains, leaving them unprepared to address crucial questions. The commentary authors recommend that biological anthropologists carefully consider several factors before conducting research on human remains:
1. Beliefs and Wishes: Researchers should consider the beliefs and wishes of the deceased and their community.
2. Consent: They should determine if the deceased or their descendants consented to the proposed research. 3. Consultation: Researchers should identify and consult with descendants whenever possible.
4. Beneficiaries: Researchers should question whom the proposed research serves. Consent from living descendants is only required by some institutions. The authors emphasize the need for collaborative and community-centered research and encourage museums to prioritize the ethical stewardship of their collections.
Challenges for Museums
Museums, as custodians of human remains, also face ethical challenges. Institutions must develop clear guidance on what constitutes ethical research on human remains. This includes data management, particularly for older collections that may not be digitized, requiring deep dives into archives to conduct ethical assessments.
Museums should prioritize their responsibility as stewards of these collections and enforce ethical practices, including obtaining informed consent from descendants. Administrative leaders must decide whether a museum should retain control over a collection or collaborate with descendant communities. The authors commend the National Museum of Natural History's decision to develop a plan for ethical returns and shared stewardship of its collections. Celebrating Ethical Collaboration While challenges exist, there are examples of ethical collaboration in research and repatriation efforts.
The African Burial Ground project in New York serves as a model for collaborative research. By involving the community in the research design and respecting their wishes throughout the process, the project became a celebration of the lives of the individuals whose remains were studied.
The ethical considerations surrounding human remains are complex and multifaceted. Museums and researchers alike must navigate a landscape fraught with historical injustices and contemporary challenges. Standardized guidance and ethical stewardship are essential to ensure that the rights and wishes of the deceased and their communities are respected. By embracing collaborative, community-centered research, museums and researchers can move towards a more ethical and inclusive future in the study and curation of human remains.
