Title

Understanding and resolving cultural heritage repatriation disputes between indigenous peoples and museums

Publisher

University of British Columbia

Date Issued

2014

Document Type

Thesis

Degree

Master of Laws - LLM

Program

Law

Description

Disputes between Indigenous peoples and Western museums over repatriation of cultural heritage involve numerous complex issues -- legal, ethical, historical, cultural, spiritual, political and economic, among others – that necessitate a particularly thoughtful approach to resolving such disputes. Resolution of such disputes by negotiation or other alternative dispute resolution (“ADR”) processes should not involve simply finding quick, theoretically “win-win” solutions such as replicas or loans. Because these disputes often involve complex issues such as traumatic colonial injustices and profound differences in cultural values and dispute resolution paradigms, the dispute resolution process must involve a period of exploration and acknowledgement of such issues and differences by the parties, which I term “Relationship Building”, as a necessary precursor to any stage of problem-solving. By analysing the negotiations between various Western museums and the Kwakwaka’wakw and Haisla First Nations of British Columbia, Canada over the repatriation of cultural objects removed from their traditional territories by colonial forces in the early 20th century, this thesis seeks to demonstrate how engaging in a stage of Relationship Building early in the negotiation process is key to ensuring the parties understand their dispute holistically and experience a constructive, not destructive, process and outcome.

Date Available

2014-12-23

Rights

Attribution-NonCommercial-NoDerivs 2.5 Canada

DOI

10.14288/1.0077789

Affiliation

Law, Faculty of

ID

1.0077789

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