Indigenous peoples' rights to their cultural heritage

Abstract

This paper discusses indigenous peoples' rights to their cultural heritage, using the example of rights to indigenous human remains, held by institutions, universities, scientific centres and museums. It addresses international developments in indigenous cultural policy at the United Nations and the European Union, with specific reference to Australia and the United Kingdom. It also outlines issues relating to indigenous peoples' collective rights, free, prior and informed consent, ownership of indigenous human remains and the issue of benefit sharing and sustainable justice. There are now several international declarations, conventions and policies in place to assist indigenous people in gaining some form of control and protection over their heritage, however, these international instruments are often unco-ordinated and lacking in any enforcement mechanisms and they hold little sway with those who retain indigenous human remains against the wishes of descendant communities.