The pending legal case to be dealt with by the English High Court on Monday morning, London time, will determine whether the several hundred Aboriginal remains in European institutions are to remain at the mercy of scientists or must be accorded dignity in accordance with Aboriginal custom, Legal Director Michael Mansell said today.
The case, between the Tasmanian Aboriginal Centre (TAC) and the British Natural History Museum, is about the refusal of NHM to hand the remains of 17 Tasmanian Aborigines to the TAC unconditionally. NHM want scientists to take DNA, remove parts of the bones, take hair samples and x-ray them. Aborigines point out this will disturb the spirits of the dead and prevent a dignified burial once the remains are returned to Australia.
The NHM has agreed to hand the remains over after it finishes tests at the end of March.
"Having engaged Geoffrey Robertson QC on our team, we are confident of an injunction being granted in London prohibiting the Museum conducting tests on our dead. We have written to the Museum all through January hoping to resolve the impasse without the need for litigation. I wrote on 17th January to NHM:
"The purpose of this letter is to seek time to for us to negotiate with you so that, on the one hand, our obligations towards our dead are not compromised and on the other, NHM are able to dignify the hand over of our dead and be commended for doing so."
The Museum rejected our offer. The Australian High Commission also wrote in similar terms and was rejected.
At stake," Mr Mansell stated, "is the right of Aborigines to undo the damage caused by grave-robbers in the 1800s. These people whose remains are overseas had been put through the traditional ceremony that joins the spirits with the body in the land. The grave robbing has disturbed the spirit, and we have to conduct the ceremony again. But it is useless if images of the dead, or samples of the dead are removed by mad scientists. The spirits will not know to find the remains because some parts will be in possession of scientists.
If we win, Aborigines from all over Australia also win. While Tasmania has been pretty successful in repatriation, there are several hundred remains originally from mainland Australia scattered all through Europe.
The one problem," Mr Mansell added, "is the lawyers for NHM know we are a community organisation with no money. Unless the Australian Government provides funding for our case, expected to cost around $100,000, the merits of the matter will never be decided.
To his credit, Prime Minister Howard set up the process for repatriation. Mr Howard got results. Unfortunately the PM has moved to other issues and we cannot get decisions from his junior Ministers."
Michael Mansell
Legal Director
12th February 2007
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