Under the Native American Grave Protection
and Repatriation Act of 1990 (NAGPRA), native people are allowed
to bring home ceremonial objects and ancestral human remains
from museums funded by the federal government. These museums
are under federal obligation to go through their collections
and list items they feel should be returned and which tribes
would be most likely to receive them.
This great law was the result of
a continual struggle by many religious leaders for years. Since
the late 1800s, the Iroquois had been attempting to get back
their wampum belts, which they needed to teach them the laws
of their culture and the way to live their lives. They had been
fighting consistently and adamantly in the New York courts.
The Hopi had also been claiming it was essential for their war
god masks to be returned, as these were necessary for the continued
initiation of the young men and women into the Kiva societies
of their tribe. In California also, the tribes were asking for
the return of their sacred materials.
I wrote a grant on behalf of the tribal chairs of Mendocino
County to collectively approach the museums and to do the research
necessary to create, inventory and save the claims. Our work
includes searching through access files, collectors’ correspondence
and the collections themselves, and filming items with their
catalogue numbers when possible. We have now filmed over 3,000
objects at UC Berkeley as well as Pomo items in the Los Angeles
County Museum of Natural History, the California Department
of Parks and Recreation, the Field Museum in Chicago, the Milwaukee
Public Museum and the Brooklyn Museum. Our representation includes
the following tribes: Point Arena/Manchester, Hopland, Guidiville,
Pinoleville, Coyote Valley, Redwood Valley/Little River, Sherwood
Valley, Potter Valley and Yokayo. We are also creating a statewide
organization, consisting of about thirty-eight tribes joined
together to offer mutual assistance and support in implementing
NAGPRA.
The law is silent about what happens
once the materials are returned to a tribe. Sacred objects will
be reintroduced into ceremony according to the discretion of
each tribe. Human remains will need to be brought home in a
safe way, and we are receiving guidance from the roundhouse
leaders about how to do this. They feel that they have the right
songs and the proper ceremonies to do it in a good way. The
intertribal project relies on select groups of religious people
to help them when necessary.
The burden is on the tribes to stake
their claims for materials that should come home. The
museums’ only responsibility is to create a summary of their
ethnographic collection--not even an entire inventory. We started
our research at UC Berkeley. When I got there two years ago,
they had done nothing to comply with the law, and their personnel
were quite resistant to the project. They had ignored the law,
gotten an extension, requested another and recently had been
given another grace period. Coming to UC Berkeley
with about sixteen elders seemed to startle the museum staff.
They were dealing with live Indians wanting to look at and research
items of their culture. This was not an anthropology class or
a group of visiting scholars. This was the people themselves.
As the elders viewed the vast items from their predecessors--their
grandmothers and grandfathers, aunties and uncles--there was
a sadness: "Why is this here in a basement? Why aren’t the baskets
back with the people?" The law allows us to bring some things
back, but the real feeling was, "It should all be home." Many
items were purchased during times when the starving people had
to sell objects that were dear to them. But the museum staff
at Berkeley don’t see it that way. They have not provided us
with an easy list to work with. Maybe we needed to start in
the darkest place first, in order to find the light to show
the way for the others. The rest should be much easier.
We will soon be examining the ceremonial
collections at the Harvard Peabody Museum, the Denver Art Museum
and the University of Pennsylvania.
I
am doing the archival research, and Carmen Christy from the
Yokayo Rancheria is doing the filming. Our cultural liaison
is Donald Duncan of the Guidiville Rancheria. He is a regalia
maker, a singer in the roundhouse, and a trainer of young people
in singing and dancing. He has a very diplomatic manner, and
hopefully will win the hearts of the museum people. Dotty Theodoratus,
a professor at Sacramento State, is our ethnographic assistant.
Her work has been dedicated to protecting Native American sacred
sites. As an anthropologist, she uses her skills to speak on
behalf of the Indians in legal forums and to the academic world.
This is a tremendous breakthrough opportunity for healing--for
both the colonizer and the colonized. In going face-to-face
with Indian spiritual people, the collection managers of the
museums can realize that returning sacred objects can
bring about a peacemaking. The Indians’ rebirth of joy in the
roundhouses will restore pride in their culture.
On the whole, the museum people we
have encountered at UC Berkeley have a possessive attitude toward
the objects in their collections, even those of sacred and ceremonial
import. They see them as scientifically interesting but not
as imbued with spirit. Conveying the spiritual aspect of the
project will not be a matter of words or paperwork. Ultimately,
it is a matter of the heart.
The ancestor spirits are here with
the project. The past hurt and anger over what was done to the
Indians can be transformed by bringing the sacred materials
home for ceremony. Some of these are pre-conquest materials
that can be instrumental in bringing the spirit of the old ceremonies
to a new generation. This is a millennial project. It is going
to be within the year 2000 that claims will be made, but overall
this is about a ten-year project.
Prior to working on the Native American human remains, the elders
sang a protection song . This was done on behalf of both the
museum staff and the project staff. The coming-home song was
also sung. The elders said this brought them a great sense of
happiness. I was glad to hear this, because I had been worried
about the disarray of the skeletal collection and thought the
sadness might be too great for them. The spirits as well as
the singers were happy. While the roundhouse people sang to
the ceremonial objects, the spirits of these objects seemed
to leap into the songs. As they sang to the baskets, one roundhouse
practitioner saw the basket spirits dancing around the room.
The Indian people love these objects so much, and want them
to come home. They love their culture and their ceremonies.
The songs were sung in various
private basement rooms at UC Berkeley. The baskets are in a
separate room in the basement; the ceremonial items are in another
portion of the museum; and the human remains are underneath
the women’s gymnasium. They were brought out of drawers
and bins and sung to, spoken to, and prayed to in the Pomo languages.
Once the objects are brought home, we will need to create an
intertribal archival center to house them. We will also need
a cultural resource protection foundation where all the tribes
can go for assistance. Other issues have been brought to the
project, such as the protection of sacred sites from excavation
and the protection of natural resources such as sedge (a material
used in basket-making). Our staff has received grants for four
years. As we have learned about other laws (the California Environmental
Quality Act, Archaeological Resource Protection Act, Executive
Order for the Protection of Sacred Sites, the American Indian
Religious Freedom Act, etc.) we have become resource-protection
advocates. In the past we didn’t have the staff, the time or
the money to do this. Indians have had to focus on day-to-day
operations, development of their homes and issues of basic survival.
So this project is giving us a basket for catching the cries
for cultural protection.
This is a sacred time for healing, and should not have to be
a battle. So much was lost in the invasion of this continent.
There are well-meaning spirits and good hearts in all cultures,
but the conquest was expressed through the supreme arrogance
of the invading people’s religion. Many of the settlers wanted
to express their relation to the Creator in a free and a good
way without domination, yet it is very troubling that the Indian
religion was at best viewed as a curio--certainly not as being
of the same status as the white man’s religion.
Some of the cruelty and barbarity of
the settlers is still in evidence. It is reflected in the hardened
hearts of those museum people who do not want to give back the
sacred objects. They can say, "We are not rapists or disembowelers
of Indian women; we are not smashers of Indian children’s heads
on rocks." On the other hand, they don’t greet the spiritual
people of the Indian tribes and say, "We are honored that you
have survived. We can give you these items and your ancestors’
human remains. This is the least we can do. We don’t need
to just study you and have your sacred items in our vaults."
It is barbaric that some of them are fighting to hold on to
these items.
Many collections were made at a time when the Indian people
were poor, starving and or in great sorrow and pain. Selling
their ceremonial items indicates how depressed and demoralized
the people were. Yet, even under these circumstances, the anthropologists
thought their purchases were valid. How sad that is. This is
a hard project because all of these issues have to be looked
at. How did these items go out of the culture, and how much
resistance is met at their returning? For instance, one archaeology
professor at Berkeley feels that his first-amendment right is
being violated by this project because he won’t be able to continue
to use Pomo remains in his teaching.
Every person deserves to be laid to
rest in ceremony, yet there are no reburial songs. This is a
big challenge, yet I know the spirit will prevail. It has been
a project of mixed feelings. Old anger is being stirred, and
at the same time many of the elders are delighted to discover
how much has been preserved. Archival materials exist such as
unedited films of people from our area. Some casino tribes wanted
to buy copies of films, reports, tapes, and everything Pomo.
I created a NAGPRA discovery request for these items, which
is still pending.
Pomo baskets are beautiful and bring so much happiness to the
people who see them. They are created with so much spirit and
Creator-blessed intelligence. Many of the patterns are complex,
with different designs on the interiors, outsides and bottoms
of the baskets. All of these weaving patterns work together
in an incredible way. Carmen Christy, our videographer, worked
to create the Native American Studies Department at UC Berkeley
years ago. She was coming home to Ukiah to study basket-making
with Elsie Allen and didn’t know that 500 yards away from the
ethnic-studies division was a basement that contained 2,000
baskets. She could have reveled in all the different patterns
and learned about this art, but no one told her that the collection
existed. That is strange, don’t you think?
Have
you ever been to an anthropological conference and heard papers
presented by non-Indians? I don’t want to be disrespectful to
anthropologists, but imagine how very strange it is to be the
object of study. Wouldn’t it be odd if an Indian went to white
families and asked, "What do you do when you wake up? How do
you cook? What have you done today? What does that mean to you?
What is this word in your language?" After she was interviewed
one woman told me, "Polly, I felt I was abused by them." The
anthropologists didn’t spend any time getting to know her before
asking all sorts of personal questions. Another man told me
that when he was a little boy, his family told him to go hide
in a tree when the anthropologists came. When they left, he
would come home.
The anthropologists and scholars had the power to scrutinize
the Indian culture. Now we have the power to scrutinize their
collections and reclaim what they took. There are still many
questions to be explored in regard to intellectual property
rights. For instance, when a basket pattern discovered in an
interview is used in a book, or a song in teaching materials,
does the author need permission from the person interviewed
to duplicate them?
We were asked to sign a document saying
we could not reproduce or use for commercial purposes any of
the materials that we filmed. I told them I was putting the
pictures we took onto a CD so that each tribe could review them
for their research. The museum claimed property rights. One
young Yuki man was excited to hear that when God created the
world he was singing. He said, "Are you claiming that you own
the Yuki song, 'When God created the world he was singing?'"
They said, "No, we don’t own the song; we just own that singer’s
tape of the song."
All these issues need to be looked
at. The objects are under property law, so if an object is under
cultural patrimony--if it could not be alienated from tribal
custom and tradition by an individual--this federal law says
it will be honored as belonging to the tribe. In effect, the
law says, "White people never had a right to possess cultural
items that could not be conveyed outside the Pomo cultural context
by an individual." This right of possession is inalienable,
which means it cannot be obtained legally by anyone besides
the tribe.
If you take a picture of a ceremony
or of the singing of a religious song in ceremony, and if those
things are supposed to belong to the culture, then who owns
it? I think that cultural patrimony can expand. The museums
and libraries are frightened by a concept of property that threatens
the Anglo-Saxon Bill of Lading, a receipt or contract that generally
gives bonafide, good-faith purchaser rights. They think in terms
of contracts. These are two different worldviews.
One says, for example, "We own this land because we paid money
and bought it," and the other says, "There is no way you can
own Mother Earth. There is also no way you can own a sacred
song that is to be sung in ceremony, no matter how you got it.
It’s not yours. It’s ours, to be lived within a sacred context."
At UC Berkeley, when I saw the drawers
and files of human remains up to the ceiling, I thought, "Oh,
my God. Most people don’t see something like this in a lifetime."
They had a whole world of skeletons there under the women’s
gymnasium. Here were the Pomo, and across from them was Teotihuachan
and Tenotchitlan. Then there were Egyptian mummies near the
Pomo ceremonial objects. If you believe in ancestor spirits,
do you think they would be upset by these practices? A
person’s skull is in one box and their other bones are in other
boxes. The remains are put under fluorescent lights for display
purposes. Most people with any sensitivity toward ancestor spirits
would have reservations about the sciences they call osteology,
physical anthropology and archaeology.
As long as we keep going for the heart and spirit and as long
as the museum people can face the concerned Indian community
eyeball-to-eyeball, then there is hope for healing. The energies
of the elders, the bird singers, the roundhouse dancers and
the bear dancers are being focused to burst free the spirits
that are trapped right now. They say repatriation will revitalize
the ceremonies, and that there will be a rebirth of Indian culture.
It is sad to have to keep telling the Europeans that their contract
law cannot conquer spirit or change our love for our Earth Mother.
There is a way this path can be very joyful for everyone. We
just have to touch the hearts and the spirits of the collection
managers so they can get beyond their fear and confusion.
The love the Indian people have for their ceremonial items and
baskets is so strong. This will bring joy to their communities,
and spirit will prevail. Those who walk with the Indians on
this reclaiming journey will also walk toward the light and
toward joy and revitalization. What a great dialog and interchange!
What a great honor to work together in this way.
To make the claims for repat-riation, the
Indian tribal government officials have to work with the traditional
roundhouse practitioners or other native religious practitioners.
What a good thing that is. This puts the spirit not only
into the museums but into the tribal governments. It mandates
that spiritual and tribal leaders be given standing, under law,
to approach the museums. Ultimately, this supports sovereignty.
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It
will mean a lot to our local community to have the
baskets back, and to have the spirits home and happy
and dancing with the Indian people. The Indian community
will delight in the ceremonial items coming home.
Good energy will be prayed from the roundhouses
again. It will be a blessing for the entire country
when the aboriginal peoples’ traditions are honored
in this way. We are the returners; the next generation
will dance with these sacred objects in their ceremonies.
It is for the next generation to celebrate. That
is why this is a project of joy. It is hard now,
but think of the children dancing!
Repatriation provides healing
for the colonizer, and a rebirth for the spirit
of the people who were colonized. Using golden eagle-feather
dance regalia, condor capes, bull lords to pull
down the creator spirit, pre-invasion ceremonial
wands and other ceremonial items to call home the
spirits--all this is very profound for future generations.
This will bring happiness to the whole community
as we walk forward into the next millennium. What
a gift! Ultimately, for world harmony for all the
cultures of the world, I feel that repatriation
needs to happen. This is a project of joy born out
of pain. It’s the best of work to do. |
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