About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

14 NARF Legal Rev. 1 (1988-1989)

handle is hein.journals/narf14 and id is 1 raw text is: 











Native American Rights Fund


Tribal Efforts to Protect Against Mistreatment of Indian Dead:
             The Quest for Equal Protection of the Laws


   by Walter R. Echo-Hawk

                Introduction

    In Kansas, a farmer dug up an entire
 Indian cemetery located on his land and has
 put all 146 dead bodies on public display as a
 roadside tourist attraction. Despite the fact
 that the State Legislature has enacted over 70
 statutes to comprehensively regulate and
 protect burial grounds of every imaginable
 description, the  repugnant   commercial
 exploitation of the Indian burial ground is
 permitted to exist by virtue of an alleged
 loophole in state law. In Nebraska, after the
 aboriginal Pawnee Nation was removed to a
 distant state by the federal government,
 private parties and state archaeologists swept
 into Pawnee    cemeteries  and   removed
 hundreds of dead bodies and thousands of
 burial goods from historic graves. When
 asked to return these dead to the Pawnee
 government for a decent burial, the all-white
 Historical Society first claimed that the dead
 bodies were owned by it, citing federal
 regulations  later   admitted    to   be
 non-existent, then loudly decried what it
 termed  an   Indian  raid on   museum
 property. NARF is presently representing
 the Indian victims of the grave desecration in
 Kansas and the massive grave expropriations
 Ini 114uasyila LU secure rei-neUda 1r11ll 110111
 legislative,   administrative,    and--if
necessary--judicial forums.


     These contemporary problems in Kansas
 and Nebraska are clear examples of brutal
 ethnocentrism against Indian people which
 originated in the last century, and which
 continue to haunt Native people in 1989. The
 Smithsonian Institution alone, for example,
 warehouses over 18,500 Indian remains. The
 well-known racial slur that the only good
 Indian is a dead Indian, continues to play a
 stark reality in the lives of Indian people
 today. After death, American Indians are not
 secure in their person or property as
 non-Indians pursue them into the grave, for
 various motives, in quest of specimens,
 pathological material, or just plain booty.
 All tribes throughout Indian country have
 been victimized by the bodysnatchers, but
 facts that have begun to emerge in recent
 year's reveal that a shocking systematic
 expropriation of Native dead has occurred on
 a national scale over the years.1 Without
 belaboring the point, non-Indians have
removed and carried away untold thousands



  fl  Contents: Vol.14, No.1, Winter 1988'


Tribal Efforts .............................. 1

NARF Resources
and Publications ........................ 6


Digitized from Best Copy Available

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most