Copyright © 1999 NLThomas
All Rights Reserved

New York City, NY - On April 23, representatives of Yachay Wasi (NGO/DPI), The Wittenberg Center (NGO/ECOSOC) and the International Romani Union (NGO/ECOSOC) presented the human rights violations: "Desecration of Indigenous Burial Sites and Display of Indigenous Remains" to the Human Rights caucus of the United Nations Commission on Sustainable Development CSD-7 meeting currently at United Nations Headquarters in New York City.

The statement below was given and, as one of the topics of CSD-7 is Sustainable Tourism, the issue of "display of Indigenous remains" was approved by the Caucus to be included in its report at the conclusion of CSD-7 on April 30.

It is a timely decision as the exhibit in Florida closes tomorrow.

Desecration of Indigenous Burial Sites and Display of Indigenous Remains
Presented by Marie Samuel, Yachay Wasi (DPI) and International Romani Union (ECOSOC) & Roberto Mucaro Borrero, Wittenberg Center (ECOSOC)

CSD-7 - Human Rights Caucus - April 23, 1999

"Indigenous Peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of ceremonial objects; and the right to the repatriation of human remains. States shall take effective measures, in conjunction with the indigenous peoples concerned, to ensure that indigenous sacred places, including burial sites, be preserved, respected and protected."

Part III, Article 13 - Draft Declaration on the Rights of Indigenous Peoples" the social, cultural and spiritual values and practices of these people (Indigenous Populations) shall be recognized and protected, and due account shall be taken of the nature of the problems which face them both as groups and as individuals;" article 5, parag. (a) "The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programs for national and regional development which may affect them directly."

Article 7, parag. 1 I.L.O. Convention 169 - 27 June, 1989 "Cultural artifacts have been taken without permission from Indigenous people and displayed in museums, in violation of their beliefs. One recent controversy arose with the display at the National Geographic Society in Washington, D.C., of the preserved remains of a teenage Incan girl, who had been sacrificed on an Andean mountain top in Peru 500 years ago."

Page 3 - Indigenous people: Challenges facing the International Community - February, 1998 Press kit for the 50th Anniversary of the Declaration of Human Rights - DPI/1937/B-997-33085

In 1996, one of these challenges has been coined the "Inca Challenge" by Yachay Wasi, an Indigenous cultural non-profit organization based in New York City and in Cuzco, Peru and NGO associated with the United Nations Department of Public Information.

Alerted by a New York Times article (8 May, 1996) " Archaeologists in Peru oppose loan of Inca Mummy to US", Yachay Wasi initiated a petition on May 10, 1996 against the National Geographic Society protesting its planned May 21-June 19, 1996 "Peru’s Ice Maiden unveiled" public exhibition at its headquarters in Washington, D.C.

The petition was mailed on June 14, 1996 to Reg Murphy, then President of the National Geographic Society. The list of 110 signatures showed a cross-section of residents of NYC, tourists, business peoples, government scientists and NGOs. The American scientist and the two Peruvian scientists involved were informed by letters of the protest. Copies of documents were hand carried by Luis Delgado Hurtado, President of Yachay Wasi, to his home in Cuzco, Peru.

The low key media and mailing campaign to Indigenous organizations, tribal councils, cultural institutions, religious bodies and some UN agencies was instrumental in starting the Phase 2 of the Inca Challenge in October 1998. This time, Yachay Wasi was asked by the International Indian Treaty Council, NGO/ECOSOC, to assist in the protest campaign started in September 1998 by the Florida Indian Alliance, member of the American Indian Movement, against the sensational exhibition "Empires of Mystery: the Incas, the Andes and Lost Civilizations" at the Florida International Museum in St. Petersburg, Florida from October 23 through April, 25, 1999.

The exhibit displays 5 Indigenous Inca "mummies" and 3 skulls. Quote of one page of the FIM website: "The exhibit opens on October 23 just in time for Halloween".

The commercial display of Indigenous remains in the name of science or for so called cultural purposes directly results from the desecration of the burial sites of these remains. Phase 3 of the Inca Challenge began with the April 5, 1999 press conference revealing the find and subsequent removal of the frozen remains of 3 young children from the Andes mountains in Argentina.

Desecration of burial sacred sites is not only a violation of the human rights of Indigenous Peoples but also a primary religious concern. Yachay Wasi will submit information regarding this issue, which will be sent to the Office of the High Commissioner for Human Rights in May 1999.

On April 20, 1999 a Multi-stakeholder Dialogue Segment on Tourism took place at United Nations Headquarters titled: "Promoting Broad-based Sustainable Development through Tourism while safeguarding the integrity of Local Cultures and Protecting the Environment". This issue was included in the commentary on Ethical Principles. A quote from Press Release ENV/DEV/502 20 April 1999:

"The spirituality of indigenous people must be taken into account by the tourist industry, a speaker said. Symbols of genocide, such as the remains of the Incas or other groups, should not be used to attract visitors. "

The Inca Challenge is not limiting to the Andean area. Roberto Mucaro Borrero was that speaker and stated that the desecration of Indigenous burial sites and the commercial display of Indigenous ancestral remains are common place throughout the Americas. Further this practice is linked historically to the genocide of Indigenous Peoples and their cultures. Therefore any symbols of the genocide of Indigenous Peoples should be outlawed. This would include monuments to early European colonizers who promoted and practiced genocide of Indigenous peoples and the Slavery of African Peoples.

The Inca Challenge’s strongest support has come from the North American Native American community. Native American religions were outlawed in December 1890 and in 1978 Native American Spiritual Leaders and Elders decided to correct this situation. They mobilized their people and supportive organizations into a huge cross country march from San Francisco to Washington, DC "The Longest Walk", to petition President Carter and have their ancestral religions recognized. President Carter complied by decree dated August 1978. On this basis, Native American lawyers worked toward an official legal recognition and protection of their spiritual and cultural heritage. This was sanctioned by the January 23, 1990, Public Law 101-601 "Native American Graves Protection and Repatriation Act". Museums and institutions associated with the Federal Government are obligated to negotiate the repatriation of all Native American properties including old bones to be reburied.

We are presenting this issue to the Human Rights Caucus of the UN Commission on Sustainable Development as the removal of human remains from Indigenous Sacred Sites and transport, display and study of these remains no matter how ancient, for whatever reason, especially as a means to promote or generate tourism, must be stopped.

Approaching the mid-point of the United Nations International Decade of the World’s Indigenous Peoples, we are urging the international community to press for the adoption of the Draft Declaration for the Rights of Indigenous Peoples. We also urge member states to follow the example of the United states and enact transnational legislation forbidding the desecration of Indigenous Peoples burial sites and the display of Indigenous Peoples ancestral remains.