Background
What is International Repatriation?
Aboriginal and Torres Strait Islander communities in Australia, with assistance from the Australian Government, have for many years sought the return of the remains of their ancestors held in overseas museums and institutions.
In most cases the human remains are skeletal material, often in fragmentary form. In many cases the community from which they were taken can be determined from museum records or other information (referred to as “provenanced remains”). In some cases there is no information beyond a general description such as ‘Torres Strait Islander” or “Australian Aboriginal” (described as “unprovenanced remains”).
When provenanced remains are returned to country they are usually buried, or reburied, according to custom, in a place designated by the community.
Unprovenanced remains returned to Australia are mostly held in a special facility in Canberra. They are not part of any museum collection in Australia.
Who manages International Repatriation?
The repatriation of Australian Indigenous human remains from overseas institutions is managed in cooperation with local communities by the Department of Families, Housing, Community Services and Indigenous Affairs (FAHCSIA). Offshore assistance is provided by the Department of Foreign Affairs and Trade (DFAT).
Domestic repatriation (the return of remains held in Australian institutions) is separate to International Repatriation and is managed by the Department of Environment, Water, Heritage and the Arts (DEWHA) through the Return of Indigenous Cultural Property (RICP) Program.
The functions carried out under the International Repatriation Program include:
- obtaining inventories of remains held in overseas collections as a basis for planning, with a view to the return of provenanced remains in the first instance;
- coordinating repatriation processes by liaising with Indigenous communities, foreign governments and institutions, Australian High Commissions and Embassies and other parties involved in overseas repatriation;
- managing the development of repatriation agreements with foreign governments where necessary;
- engaging with communities to which the remains belong about the return of the remains;
- developing and implementing repatriation agreements with individual institutions;
- providing essential financial assistance to support repatriation processes, both from overseas and within Australia (for remains returned from overseas); and
- coordinating the appropriate services required to ensure the return of all provenanced remains to their traditional lands or communities of origin.
It is estimated that there are currently over 1,000 Australian Indigenous human remains in overseas institutions, most being held in the United Kingdom (UK), United States, Germany and France.
What is the current policy governing International Repatriation?
In 2005, the Australian Government released its overseas repatriation policy entitled “Australian Government Policy on the Management of Overseas Repatriation”. See Appendix A.
In 2000, the then Prime Minister released a joint statement with his then UK counterpart which committed both governments ‘to increase efforts to repatriate human remains to Australian Indigenous peoples’ (Appendix B). in 2009 Prime Minister Rudd signed a similar Joint Declaration with the Prime Minister of Italy. In other countries, the agreements have mostly been by an exchange of letters. The actions of the UK government since then have increased the number of remains returned to Australia.
How does International Repatriation operate?
There are four broad phases in the repatriation process:
(1) Information Gathering:
Information is gathered (including obtaining inventories of remains held in overseas institutions) from both the overseas institutions and Indigenous communities. DFAT provides assistance to FaHCSIA. Early liaison is undertaken with the parties. Research is undertaken as necessary to determine the place of origin of the human remains.
(2) Negotiation:
Negotiations most often commence with the Australian Government making contact and general inquiries with foreign governments or institutions. DFAT consults the foreign government about the appropriate way to deal with the issue of repatriation. In some countries the government prefers that negotiations take place with the government. In other cases the advice is that FaHCSIA, with assistance from DFAT, is required to negotiate directly with the relevant institutions. This often leads immediately to constructive negotiations to return remains.
Negotiations are also, but less likely, to be undertaken independently by a community. FaHCSIA will consider requests from communities for financial assistance to make submissions to overseas institutions.
In all cases, as soon as it is established that a clear connection (provenance) can be established with a community, FaHCSIA involves the community.
FaHCSIA consults with the community of origin regarding formal requests for the return of remains from overseas collecting institutions. Communities are consulted by FaHCSIA as to whether they wish for remains to be returned. They invariably want the remains returned.
Where a community has chosen to make a formal request to the institution, or has stipulated a preference to do so, FaHCSIA may write a letter to the collecting institution endorsing the claimant community.
Further liaison is undertaken with the community and the institution to establish the best way of managing the repatriation process, including the return to community or temporary/ongoing care and accommodation of remains.
(3) Agreement:
When an institution agrees to return remains, correspondence is exchanged confirming the agreement and practical arrangements for the return. An institution may seek a formal request and submission from the Australian Government or the community making the claim. The claim by Government is prepared in collaboration with the community and sent to the institution.
If an institution does not agree to return remains, the Australian Government will pursue the matter until it is satisfactorily resolved.
(4) Return to Australia:
Depending on the circumstances, Indigenous custodians may be funded by FaHCSIA to travel to an institution to formally receive the remains of their ancestors. FaHCSIA also funds the costs associated with the freighting of remains back to Australia.
FaHCSIA finalises the arrangements for the return in consultation with relevant parties. A specialist freight company is engaged to prepare packing cases, customs clearance and international transport of the remains.
(5) Return to ‘country’/communities of origin:
Remains that have come back from overseas can be returned immediately to their communities of origin. If the communities are unable to immediately accept their remains, the remains are stored with community agreement in a temporary facility, often at a purposes specific facility managed by the National Museum of Australia.
Unprovenanced remains – those for which a community cannot be identified - can likewise be held in the special facility in Canberra. They are not part of any museum collection in Australia. This arrangement operates until a long term care option is developed.
[ top ]
Appendix A - Australian Government Policy on the Management of Overseas Repatriation of Indigenous Human Remains [adopted in 2005]
Preamble
The Australian Government acknowledges that respect and responsibility towards the remains of our deceased is a universal norm. Many Indigenous Australians have been denied this responsibility with the removal of Indigenous remains without due consent.
Aboriginal and Torres Strait Islander people have campaigned for the return of their ancestors’ remains for many years.
The Australian Government acknowledges and supports the desire of Indigenous Australians to achieve the return of their remains through the provision of funding for domestic and overseas repatriation programs. Domestic repatriation is managed under the Return of Indigenous Cultural Property (RICP) Program, an initiative of the Cultural Ministers Council supported by the Australian, State and Territory governments. Administered by the Department of Communications, Information Technology and the Arts, the Program assists with the return to communities of many remains held in State and Territory museum collections.
The overseas repatriation program is managed by the Department of Families, Community Services and Indigenous Affairs (FaHCSIA). It aims to complement Australia’s ongoing commitment toward addressing the injustices of our shared past, and to promote healing and reconciliation through the return of Indigenous ancestors to their families and communities of origin.
The Government is committed to engaging Indigenous Australians in determining how the repatriated remains should be treated in accordance with their wishes. Government support extends to the return of provenanced remains to their communities of origin, and to the care and management of those remains whose locality or region cannot be identified.
Objectives
The policy aims to:
- facilitate the efficient return of all Indigenous ancestral remains held in collections overseas;
- provide a clear set of principles and procedures for all parties involved in the repatriation process; and
- promote healing and reconciliation through the return of Indigenous ancestors to their traditional lands or communities of origin.
Priorities
As a basis for planning, the priority is to obtain inventories of remains held by overseas institutions with a view to pursuing the repatriation of provenanced remains (that is, those for which a clear connection with specific families and communities of origin has been established), in the first instance. These families and communities of origin will be engaged in the process of repatriation (including arrangements for return and supporting their capacity to receive the remains).
The Australian Government will consider funding provenancing work if requested by institutions that are prepared to return remains.
This policy does not extend to the return of Indigenous cultural objects. However, the Government is willing to facilitate the return of objects, if requested, by an overseas holding institution.
Principles
Repatriation is conducted on the basis of:
- Indigenous communities being engaged in the repatriation of human remains;
- the timely return of ancestral remains to Indigenous communities;
- shared responsibility, cooperation and trust among all parties involved;
- respect for cultural protocols and sensitivities in the care and management of human remains; and
- prudent management of associated materials, such as accompanying documentation or records.
Roles and Responsibilities
The successful return of Indigenous human remains from overseas will be promoted through the relevant Australian Government agencies working together effectively and in concert with the affected communities. The roles and responsibilities of each agency for this purpose are as follows:
Department of Families, Housing Community Services and Indigenous Affairs (FaHCSIA)
As the lead agency, FaHCSIA:
- obtains inventories of remains held in overseas collections as a basis for planning, with a view to the return of provenanced remains in the first instance;
- coordinates repatriation processes by liaising with Indigenous communities, foreign governments and institutions, Australian High Commissions and Embassies and other parties involved in overseas repatriation;
- manages the development of repatriation agreements with foreign governments where necessary;
- develops and implements repatriation agreements with individual institutions;
- provides essential financial assistance to support repatriation processes, both from overseas and within Australia (for remains returned from overseas);
- coordinates the appropriate services required to ensure the return of all provenanced remains to their traditional lands or communities of origin;
- negotiates, as required, with State and Territory authorities to achieve the Australian Government's aims; and
- ensures the secure storage of archival and other documentary information received from overseas collecting institutions, including access by traditional custodians.
Until such time as matters relating to the long-term care of the remains are resolved, FaHCSIA is responsible for contracting appropriate service providers to:
- care for and manage remains, including unprovenanced remains returned from overseas;
- verify the provenance of remains;
- negotiate the return of remains and associated materials to Indigenous communities; and
- provide funding to recipient communities for extension services (e.g. reburial, funeral, ceremony costs).
Department of Foreign Affairs and Trade (DFAT)
- acts as the first point of contact between the Australian Government and foreign governments and holding institutions;
- provides advice and diplomatic support to FaHCSIA and other parties regarding matters of consultation and negotiation with foreign governments and holding institutions; and
- at the request of FaHCSIA, facilitates communication and opportunities for Indigenous representatives to engage with foreign governments and holding institutions.
Department of Communications, Information Technology and the Arts (DCITA)
[now superseded by DEWHA: the Department of Environment, Water, Heritage and the Arts]
- Administers the Return of Indigenous Cultural Property Program and provides advice and support in relation to the involvement of Australia’s national collecting institutions, consistent with statutory and program responsibilities.
Department of the Environment and Water Resources
- Provides advice and support for repatriated remains in relation to their preservation and protection, consistent with statutory and program responsibilities.
Methodology and Cultural Protocols
There are four broad phases in the repatriation process:
Planning:
- Information is gathered (including obtaining inventories of remains held in overseas institutions) from both collecting institution and Indigenous communities.
- Early liaison is undertaken with key parties involved.
- Research is undertaken to determine the place of origin of the human remains.
Negotiation:
- FaHCSIA consults with the community of origin regarding formal requests for the return of remains from overseas collecting institutions.
- Where a community has already made a formal request to the institution, or stipulated a preference to do so, FaHCSIA may write a letter to the collecting institution endorsing the claimant community, if requested.
- Further liaison is undertaken with the community and the institution to establish the best way of managing the repatriation process, including the return to country or temporary/ongoing care and accommodation of remains at an FaHCSIA-funded storage facility.
Return to Australia:
- FaHCSIA finalises the arrangements for the return in consultation with relevant parties.
- FaHCSIA coordinates the actual arrival and clearance through customs at the international airport.
Return to ‘country’/communities of origin:
- Clearly provenanced remains are transported to their communities of origin or, if the communities are unable to immediately accept their remains, the remains are transported to an FaHCSIA-funded storage facility for temporary care and accommodation.
- Unprovenanced remains are transported to an FaHCSIA-funded storage facility for care and accommodation.
Developing agreements for repatriation
Agreements to repatriate will be sought through:
- the Australian Government negotiating with foreign governments or, as appropriate, individual institutions;
- Indigenous communities seeking, with Australian Government assistance, to obtain an agreement from an institution to return their remains;
- institutions expressing a wish to repatriate part or all of their collection; and
- the provision of relevant documents concerning the origins, provenance, history, care, custody, identity and character of the particular remains.
Coordinating the return of human remains to Australia
Upon receipt of inventories of overseas collections, provenancing and other relevant information from institutions, FaHCSIA will:
- identify relevant communities where possible;
- consult the relevant communities and establish their willingness to receive their ancestral remains or to have the remains returned to Australia;
- determine appropriate coordination strategy to liaise with relevant institutions, Indigenous communities and Australian overseas posts to implement the return;
- negotiate with communities on an appropriate strategy for final provenancing, return and ceremonial requirements; and
- where no specific communities are identified, negotiate with holding institutions to bring the remains back to Australia for further provenancing and, where possible, return to country.
Returning the human remains to their community of origin
As part of the process for bringing remains back to Australia, FaHCSIA will consult with the communities to which particular sets of remains have been provenanced. This consultation would confirm the readiness of these communities to receive their remains, including:
- an action plan for receiving back the remains; and
- funding and other resources/infrastructure requirements in the community to manage the return e.g. a temporary keeping place; and/or sites for burial/reburial.
The financial assistance provided for the return of remains will be primarily devoted to community support, including domestic travel and accommodation (where appropriate) for community representatives; community meetings; reburial expenses; and ceremonies.
Assistance for a community representative or representatives to travel overseas to accompany the return of remains will be provided in exceptional circumstances such as where any of the following considerations applies:
- the return represents a major breakthrough in negotiations with a new country or key institution;
- the return is from a major institution and of some key importance;
- the return is of an exceptionally large collection of remains, possibly from a number of different institutions; and
- the remains are of a person of historical significance or are related to an event of such significance.
A Resting Place
The Government (through FaHCSIA) funds a service provider - currently the National Museum of Australia (NMA) - for the temporary care of those remains that, for whatever reason, cannot be returned to country immediately. Where the communities of origin are identified, custodial ownership of the remains is assumed by those communities pending their return from the NMA.
As with remains repatriated from Australian museums, the Government will aim to minimise the number of overseas-sourced human remains held in the NMA. Communities will be supported, as far as possible, to receive their remains for reburial ‘in country’ or accommodation in local resting places (according to the community’s preference). Accordingly, the lodging of remains at the NMA will be a temporary arrangement.
Consultations with Indigenous communities will be undertaken to determine the best option or options for the longer term accommodation of remains that cannot be provenanced or which, for whatever reason, cannot be received back by a community. The Australian Government would consider the outcomes of these consultations and decide an appropriate course of action.
[ top ]
Appendix B - Joint Statement with Tony Blair on Aboriginal Remains
The Australian and British governments agree to increase efforts to repatriate human remains to Australian indigenous communities. In doing this, the governments recognise the special connection that indigenous people have with ancestral remains, particularly where there are living descendants.
The Australian government appreciates the efforts already made by the British government and institutions in relation to assisting the return of human remains of significance to Australian indigenous communities. We agree that the way ahead in this area is a cooperative approach between our governments. Our governments recognise that there is a range of significant issues to be addressed in order to facilitate the repatriation of indigenous human remains. Addressing these issues requires a coordinated long-term approach by governments involving indigenous communities and collecting institutions. Consultation will be undertaken with indigenous organisations as part of developing any new cooperative arrangements.
Significant efforts have already been undertaken by individuals and particular organisations in this area. More research is required to identify indigenous human remains held in British collections. Extensive consultation must also be undertaken to determine the relevant traditional custodians, their aspirations regarding the treatment of the remains and a means for addressing these.
The governments agree to encourage the development of protocols for the sharing of information between British and Australian institutions and indigenous people. In this respect we welcome the initiative of the British Natural History Museum which has catalogued the 450 indigenous human remains in its collection and provided this information to the Australian government.
We endorse the repatriation of indigenous human remains wherever possible [and appropriate] from both public and private collections. We note that several British institutions have already negotiated agreements with indigenous communities for the release of significant remains. In particular, Edinburgh University, following extensive consultation with the Australian government and indigenous organisations, has recently completed repatriation of a large collection of remains.
Our governments look forward to continuing to address this issue in a cooperative and constructive spirit.
4 July 2000