Archaeological ethics refers to the moral issues raised through the study of the material past. It is a branch of the philosophy of archaeology. This article will touch on human remains, the preservation and laws protecting remains and cultural items, issues around the globe, as well as preservation and ethnoarchaeology.
Archaeologists are bound to conduct their investigations to a high standard and observe intellectual property laws, health and safety regulations, and other legal obligations. [1] Archaeologists in the field are required to work towards the preservation and management of archaeological resources, treat human remains with dignity and respect, and encourage outreach activities. Sanctions are in place for those professionals who do not observe these ethical codes. Questions regarding archaeological ethics first began to arise during the 1960s and 1970s in North America and Western Europe. [2] A UNESCO ratification to protect world culture in 1970 was one of the earliest actions to implement ethical standards. [2] Archaeologists conducting ethnoarchaeological research, which involves the study of living people, are required to follow guidelines set by the Nuremberg Code (1947) and the Declaration of Helsinki (1964). [3]
The earliest archaeologists were typically amateurs who would excavate a site with the sole purpose of collecting as many objects as they could for display in museums. [4] Curiosity about past humans and the potential for finding lucrative and fascinating objects justified what many professional archaeologists today would consider to be unethical archaeological behavior. [4] A shift toward scientific knowledge prompted many early archaeologists to begin documenting their finds. In 1906, the Antiquities Act created as the first act in America to help regulate archaeological discovery. [4] This act allowed for federal protection of sites from looting but failed to protect native peoples from having their land and ancestral objects seized. [4] The Society for American Archaeology was developed in 1934. [4] This organization helped to bring regulation into the field of archaeology and provided consistent training for professional archaeologists. [4] A series of laws passed in the 1960s and 1970s created the field of cultural resource management which protects archaeological sites from encroaching development. [4] Debates about the rights of native peoples to their ancestral belongings occurred throughout the 1980s culminating in the passing of the Native American Graves Protection and Repatriation Act. [4] The rise of ethics in archaeology was spurred by a shift in archaeological theory towards post-processualism which focuses on critical evaluation of methods and the implications of archaeology on politics. [4]
A common ethical issue in modern archaeology has been the treatment of human remains found during excavations, [5] especially those that represent the ancestors of aboriginal groups in the New World or the remains of other minority races elsewhere. [6] In November 1990 the Native American Graves Protection and Repatriation Act (NAGPRA) was enacted, facilitating the return of certain human remains and sacred objects to lineal descendants and Native American Tribes. [7] Where previously sites of great significance to indigenous peoples could be excavated and burials and artifacts taken to be stored in museums or sold, [8] there is now increasing awareness of taking a more respectful approach. Technical developments in ancient DNA testing have raised more ethical questions in relation to the treatment of these human remains. [9] The issue is not limited to indigenous human remains. Nineteenth and twentieth century burial sites investigated by archaeologists, such as First World War graves disturbed by developments, have seen the remains of people with closely connected living relatives being exhumed and taken away.
In the United States, the bulk of modern archaeological work is done under the auspices of development by cultural resource management archaeologists [11] in compliance with Section 106 [12] of the National Historic Preservation Act. Guidance for compliance with Section 106 is provided by The Advisory Council on Historic Preservation. [12]
Much of this work is subject to non-disclosure agreements with private entities. A primary ethical criticism levied against commercial archaeological practices is the prevalence of non-disclosure agreements associated with development projects involving a cultural resource management component. [13] Critics claim that NDA's are a barrier to public access to the archaeological record and create an unethical working condition for archaeologists to practice and that archaeology applied to the industry of development is itself a threat to the archaeological record. [13] This practice prohibits information gathered from the archaeological record during such projects from being disseminated to the public or academic institutions for further study and peer review. Scarre writes that "collecting items that are surplus to requirements…is academically pointless and morally irresponsible" [14] and it has been interpreted that data collected as a result of cultural resource management fieldwork unavailable to the public through NDA access restrictions creates such a surplus and therefore is ethically problematic. [13]
The issue of ownership is paramount in the ethical discussion regarding commercial archaeology. In most circumstances, with the exception of human remains and artifacts associated with burials, ownership of artifacts and other material recovered from archaeological investigations performed within the scope of development projects falls to the owner of the property on which the excavation is performed. [13] Many archaeologists consider this to be ethically problematic and a significant barrier to public access.
The World Archaeological Congress has determined that "It is unethical for Professional Archaeologists and academic institutions to conduct professional archaeological work and excavations in occupied areas possessed by force". [15] This resolution has been interpreted to include not only regions where there is active military conflict but regions who have been in conflict in the past and are currently under colonial rule, [13] for example, North and South America
Although not formally connected with the modern discipline of archaeology, the international trade in antiquities has also raised ethical questions regarding the ownership of archaeological artifacts. The market for imported antiquities has encouraged damage to archaeological sites and often led to appeals for the recall. [16] Famous sites such as Angkor Wat in Cambodia have experienced problems with looting. [17] Looting often leads to loss of information as material remains are removed from their original contexts. [16] Examples of archaeological material which has been removed from its place of origin and over which there is now controversy regarding its return include the Elgin Marbles.
In the United States, the Antiquities Act protects archaeological material from looting. [1] The act establishes punishments for archaeological looting on federal land, allows the US president to declare archaeological sites as national monuments, establishes the government's duty to preserve archaeological sites and make them available for the public, and requires that Archaeology|archaeologists conducting research must meet the guidelines set by the Secretary of the Interior. [1]
The World Archaeological Congress (WAC) is a global organization that holds a congress every four years to discuss recent publications and research as well as to update archaeological practice guidelines and policies. [18] The WAC publishes a code of ethics for their archaeologists to follow. [18] Some of the accords which have been adopted by the WAC code of ethics include the Dead Sea Accord, the Vermillion Accord on Human Remains, and the Tamaki Makau-rau Accord on the Display of Human Remains and Sacred Objects. [18] The WAC has also published a separate code of ethics for the protection of the Amazon Forest Peoples. [18] In 1970, the United Nations Educational, Scientific, and Cultural Organization, UNESCO, held a convention in Paris on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. [19] [20] Many countries joined and it was put into use in 1972. [21] It is important to note that archaeological ethics are not the same around the world and what is considered ethical behavior can vary from culture to culture. [4] Many archaeological organizations around the world require their members to follow a code of ethics; several of these associations, however, do not publish their code of ethics for non-members. Some of these associations include the Korean Archaeological Society and the Japanese Archaeological Association.
The Register of Professional Archaeologists [22] is a multinational organization that provides accreditation for archaeologists and adjacent professionals. They provide a network which serves to connect archaeologists to each other and to industries which rely upon their expertise.
The Society for American Archaeology (SAA) is an organization which is dedicated the ethical practice of archaeology and the preservation of archaeological materials in America. [23] The SAA's committee on archaeological ethics continually updates the living document titled Principles of Archaeological Ethics, which was first created in 1966. [23] The SAA registers professional archaeologists who must agree to uphold the code of conduct while conducting research. [23]
The United States government continually passes legislation to protect archaeological materials and uphold ethical archaeological research. The Antiquities Act of 1906 established punishment for archaeological looting, ensured the governments' responsibility to preserve archaeological sites, and created guidelines for conducting archaeological research. [1] The Historic Sites Act of 1935 further confirmed that the preservation of archaeological sites is of national concern. [1] The National Historic Preservation Act of 1966 provided federal protection of archaeological sites and established the need for environmental review, ensuring that development does not destroy archaeological material. [1] The Archaeological Resource Protection Act of 1979 states that archaeological materials must be preserved once they are discovered. [1] The Native American Graves Repatriation Act of 1990 (NAGPRA) constitutes that museums receiving government funding must attempt to return archaeological materials to Native Americans if the natives claim the material. [1] NAGPRA also states that native organizations must be consulted when Native American materials are found or are expected to be found. [1]
The European Association of Archaeologists (EAA), like the Society for American Archaeology in the United States, is an organization which regulates the ethical practice of archaeology across Europe. [24] The EAA requires its members to follow a published code of ethics. [24] The code of ethics requires archaeologists to inform the public of their work, preserve archaeological sites, and evaluate the social and ecological impacts of their work before beginning. [24] This code further provides an ethical framework for conducting contractual archaeology, fieldwork training, and journal publications. [24]
While the EAA regulates ethical archaeological practices across Europe, the British Association for Biological Anthropology and Osteoarchaeology further provides an ethical guideline for British archaeologists who are conducting research with human remains. [25]
The Australian Archaeological Association (AAA) is an organization which regulates and promotes archaeology across Australia. [26] The AAA has a published code of ethics which its members must follow. [26] The AAA code of ethics highlights issues such as gaining informed consent, rights of indigenous people, and conservation of heritage sites. [26] The AAA code of ethics also states that any member who fails to adhere to the code is subject to disciplinary action. [26]
The Canadian Archaeological Association (CAA) exists to promote archaeological knowledge, promote general interest in archaeology, and to act as a liaison between Canadian Aboriginals and archaeologists studying their ancestors. [27] The CAA assures ethical archaeological practices among their members by offering a principles of ethics guideline. [27] These principles of ethics focuses on assuring access to knowledge, conserving archaeological sites whenever possible, and promoting ethical relationships between Aboriginals and archaeologists. [27]
Many archaeologists in the West today are employees of national governments or are privately employed instruments of government-derived archaeology legislation. In all cases this legislation is a compromise to some degree or another between the interests of the archaeological remains and the interests of economic development.
A question of control and ownership over the past has also been raised through the political manipulation of the archaeological record to promote nationalism and justify military invasion. A famous example is the corps of archaeologists employed by Adolf Hitler to excavate in central Europe in the hope of finding evidence for a region-wide Aryan culture.
Questions regarding the ethical validity of government heritage policies and whether they sufficiently protect important remains are raised during cases such as High Speed 1 in London where burials at a cemetery at St Pancras railway station were hurriedly dug using a JCB and mistreated in order to keep an important infrastructure project on schedule. [28]
The Parthenon marbles, also known as the Elgin Marbles, include a series of stone sculptures and friezes that were from the Parthenon in Athens, Greece. Greece was under Ottoman rule at the time when Thomas Bruce, 7th Lord of Elgin, or Lord Elgin, as British Ambassador to the Ottoman Empire asked that he be able to take some of the marbles to a safer place and was granted that in 1801. They were sold in 1816 to the British Museum, and Parliament paid £350,000 for the marbles. Greece has been petitioning to have the marbles returned since 1924, claiming that they were illegally obtained since they were occupied by a foreign force and were not acting in line with the people of Greece. [29] [30] [31]
In 1972, the Metropolitan Museum of Art in New York City purchased the Euphronious Krater, a vase used for mixing wine and water from a collector named Robert Hecht for $1,000,000. Hecht provided documentation which after Italian investigations proved to be falsified. This falsification was later confirmed in 2001 when authorities found a handwritten memoir of Hecht's. The Krater had been obtained in an illegal excavation in 1971, likely from an Etruscan tomb. It was purchased from the Giacomo Medici then smuggled into Switzerland and sold to the museum in New York. In 2006, the museum's director, Philipe de Montebello, agreed to return the Krater along with several other items to Italy. They arrived back in Italy in 2008, and are on display at the Villa Giulia in Rome. [32] [33]
Another issue is the question of whether unthreatened archaeological remains should be excavated (and therefore destroyed) or preserved intact for future generations to investigate with potentially less invasive technology. Some archaeological guidance such as PPG 16 has established a strong ethical argument for only excavating sites threatened with destruction. New technology such as laser scanning has pioneered non-invasive techniques for recording petroglyphs and engravings. Other technology like GPS and Google Earth has revolutionized the way archaeologists find and record potential archaeological sites. [16]
In the United States, several acts have been passed to help preserve archaeological sites. [1] Some of these acts include the National Historic Preservation act of 1966, which allows for archaeological sites and materials of historical significance to be placed under federal protection, and the Archaeological Resources Protection Act (ARPA) of 1979, which places all archaeological sites under federal protection, not just sites of historical significance. [1]
Cultural resource management is a branch of archaeology which attempts to protect archaeological sites from development and construction damage. [34]
Ethnoarchaeology is the ethnographic study of people from an archaeological point of view. These studies are typically conducted on material remains from the society in question, [35] is sometimes used in conjunction with traditional archaeology. Ethnoarchaeology presents a unique case, because it deals with the study of people, which is heavily regulated. [36] Any research dealing with humans must be submitted to an ethics committee for approval under the Nuremberg Code (1947) and the Declaration of Helsinki (1964). [1] Researchers must also obtain informed consent from their research subjects. [1]
Archaeologists conducting ethnoarchaeology or other types of research involving humans must adhere to a certain code in order to conduct legal and ethical research, however, this code is the same that is followed by medical research. There is no specific code for archaeological research involving humans. [1] This has been problematic and some archaeologists resist following a medical ethics code by claiming that medical research and ethnographic research are too different to follow the same code. [1]
In the broadest sense, cultural resource management (CRM) is the vocation and practice of managing heritage assets, and other cultural resources such as contemporary art. It incorporates Cultural Heritage Management which is concerned with traditional and historic culture. It also delves into the material culture of archaeology. Cultural resource management encompasses current culture, including progressive and innovative culture, such as urban culture, rather than simply preserving and presenting traditional forms of culture.
The Native American Graves Protection and Repatriation Act (NAGPRA), Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048, is a United States federal law enacted on November 16, 1990.
An artifact or artefact is a general term for an item made or given shape by humans, such as a tool or a work of art, especially an object of archaeological interest. In archaeology, the word has become a term of particular nuance and is defined as an object recovered by archaeological endeavor, which may be a cultural artifact having cultural interest.
Archaeological subfields are typically characterised by a focus on a specific method, type of material, geographical, chronological, or other thematic categories. Among academic disciplines, archaeology, in particular, often can be found in cross-disciplinary research due to the inherent multidisciplinary and geographical nature of the field in general. The lived human experience is vast and varied and reconstructing those lifeways and their consequences requires problem solving from numerous angles. In general, archaeologists work backwards with their research, starting with what is already known.
Aviation archaeology is a recognized sub-discipline within archaeology and underwater archaeology as a whole. It is an activity practiced by both enthusiasts and academics in pursuit of finding, documenting, recovering, and preserving sites important in aviation history. For the most part, these sites are aircraft wrecks and crash sites, but also include structures and facilities related to aviation. It is also known in some circles and depending on the perspective of those involved as aircraft archaeology or aerospace archaeology and has also been described variously as crash hunting, underwater aircraft recovery, wreck chasing, or wreckology.
The following outline is provided as an overview of and topical guide to archaeology:
Cultural heritage management (CHM) is the vocation and practice of managing cultural heritage. It is a branch of cultural resources management (CRM), although it also draws on the practices of cultural conservation, restoration, museology, archaeology, history and architecture. While the term cultural heritage is generally used in Europe, in the US the term cultural resources is in more general use specifically referring to cultural heritage resources.
Repatriation is the return of the cultural property, often referring to ancient or looted art, to their country of origin or former owners.
The antiquities trade is the exchange of antiquities and archaeological artifacts from around the world. This trade may be illicit or completely legal. The legal antiquities trade abides by national regulations, allowing for extraction of artifacts for scientific study whilst maintaining archaeological and anthropological context. The illicit antiquities trade involves non-scientific extraction that ignores the archaeological and anthropological context from the artifacts.
Archaeology or archeology is the study of human activity through the recovery and analysis of material culture. The archaeological record consists of artifacts, architecture, biofacts or ecofacts, sites, and cultural landscapes. Archaeology can be considered both a social science and a branch of the humanities. It is usually considered an independent academic discipline, but may also be classified as part of anthropology, history or geography.
Indigenous archaeology is a sub-discipline of Western archaeological theory that seeks to engage and empower indigenous people in the preservation of their heritage and to correct perceived inequalities in modern archaeology. It also attempts to incorporate non-material elements of cultures, like oral traditions, into the wider historical narrative. This methodology came out of the global anti-colonial movements of the 1970s and 1980s led by aboriginal and indigenous people in settler-colonial nations, like the United States, Canada, and Australia. Major issues the sub-discipline attempts to address include the repatriation of indigenous remains to their respective peoples, the perceived biases that western archaeology's imperialistic roots have imparted into its modern practices, and the stewardship and preservation of indigenous people's cultures and heritage sites. This has encouraged the development of more collaborative relationships between archaeologists and indigenous people and has increased the involvement of indigenous people in archaeology and its related policies.
The Department of Archaeology and Historic Preservation (DAHP) is an independent government agency in Washington state which serves several functions, including regulatory functions. The agency inventories and regulates archaeological sites; houses Washington's State Historic Preservation Officer, State Archaeologist, State Architectural Historian and State Physical Anthropologist; maintains the Washington Heritage Register and Heritage Barn Register; provides expertise on environmental impacts to cultural resources; administers historic preservation grants for heritage barns and historic county courthouses; encourages historic preservation through local governments; provides technical assistance for historic rehabilitation and using historic preservation tax credits; and maintains extensive GIS databases to catalog the state's historic and prehistoric cultural resources.
The Archaeological Resources Protection Act of 1979, also referred to as ARPA, is a federal law of the United States passed in 1979 and amended in 1988. It governs the excavation of archaeological sites on federal and Native American lands in the United States, and the removal and disposition of archaeological collections from those sites.
The conservation and restoration of archaeological sites is the collaborative effort between archaeologists, conservators, and visitors to preserve an archaeological site, and if deemed appropriate, to restore it to its previous state. Considerations about aesthetic, historic, scientific, religious, symbolic, educational, economic, and ecological values all need to be assessed prior to deciding the methods of conservation or needs for restoration. The process of archaeology is essentially destructive, as excavation permanently changes the nature and context of the site and the associated information. Therefore, archaeologists and conservators have an ethical responsibility to care for and conserve the sites they put at risk.
Archaeological looting is the illicit removal of artifacts from an archaeological site. Such looting is the major source of artifacts for the antiquities market. Looting typically involves either the illegal exportation of artifacts from their country of origin or the domestic distribution of looted goods. Looting has been linked to the economic and political stability of the possessing nation, with levels of looting increasing during times of crisis, but it has been known to occur during peacetimes and some looters take part in the practice as a means of income, referred to as subsistence looting. However, looting is also endemic in so-called "archaeological countries" like Italy, Greece, Turkey, Cyprus and other areas of the Mediterranean Basin, as well as many areas of Africa, South East Asia and Central and South America, which have a rich heritage of archaeological sites, a large proportion of which are still unknown to formal archaeological science. Many countries have antique looting laws which state that the removal of the cultural object without formal permission is illegal and considered theft. Looting is not only illegal; the practice may also threaten access to cultural heritage. Cultural heritage is knowledge about a heritage that is passed down from generation to generation.
The conservation and restoration of human remains involves the long-term preservation and care of human remains in various forms which exist within museum collections. This category can include bones and soft tissues as well as ashes, hair, and teeth. Given the organic nature of the human body, special steps must be taken to halt the deterioration process and maintain the integrity of the remains in their existing state. These types of museum artifacts have great merit as tools for education and scientific research, yet also have unique challenges from a cultural and ethical standpoint. Conservation of human remains within museum collections is most often undertaken by a conservator-restorer or archaeologist. Other specialists related to this area of conservation include osteologists and taxidermists.
The State of Florida, the United States Federal government, local governments, and indigenous tribal governments have particular interests in the protection and preservation of Native American cultural, historic, and sacred sites in Florida. Over the years, Florida has faced threats to its indigenous sites from development, looters using bulldozers and heavy machinery, and various environmental factors such as hogs and erosion. In recent years, the protection of indigenous sites has become a focus in Florida.
Donna L. Moody was a scholar, author, teacher, public speaker, Abenaki Repatriation and Site Protection Coordinator, and founder of the Winter Center for Indigenous Traditions.
Cal NAGPRA was an act created by the state of California which was signed into law in 2001. The act was created to implement the same repatriation expectations for state-funded institutions, museums, repositories, or collections as those federally supported through NAGPRA. Cal NAGPRA also supports non-federally recognized tribes within California that were exempt from legal rights to repatriation under the federal NAGPRA act.
The Vermilllion Accord on Human Remains is a 1989 international archaeological ethics agreement calling for the respectful treatment of human remains.
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