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Auction houses selling Native cultural items | Culture | cherokeephoenix.org - Cherokee Phoenix

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WASHINGTON – It is that time of year again when a slew of domestic and international auction houses are selling sensitive Native American cultural heritage items.

According to the Association of American Indian Affairs, it has so far in this year investigated 66 domestic and foreign auctions that are selling at least 3,000 items that were likely stolen burial objects or are cultural and sacred patrimony owned by one of the 574 federally recognized Native nations or 300 other tribal nations and groups in the United States. 

AAIA officials said there is a long history of theft and looting of Native American human remains, burial objects and other sensitive sacred and cultural patrimony. This theft and looting has created a commercial enterprise in the sale of those items, now re-labeled as Native American “art,” “artifacts” and “antiquities,” AAAI officials said. 

According to the association, auction houses, dealers and collectors protect their investments from the truth – often knowingly disguising the origin of these objects as if they were somehow consensually given by Native nations to individuals for sale or dug up from graves with permission. 

AAIA officials said auction houses, dealers and collectors must follow certain federal, state and tribal laws so that they are not selling Native American cultural heritage. According to the association, Native nations have never given up their authority or jurisdiction over their cultural heritage. Native American human remains, burial objects and items of sacred and cultural patrimony are recognized by law as items that no individual has the authority to remove from their original Indigenous ownership, and are items held as community property by those Native American Nations, AAIA officials said. They added that this type of ownership is the same as U.S. ownership of national heritage like the original Declaration of Independence, or how churches hold types of ritual items collectively for their parishioners. 

In addition to legal obligations, auction houses, dealers and collectors also have professional, moral and ethical responsibilities to deal honestly with the public and validate the true ownership of any item for sale, AAIA officials said. They added that the AAIA believes the industry is not transparent about the origins of Native American cultural heritage for sale, nor does it investigate the full body of laws applicable to these sensitive items. AAIA officials said best industry practice, anti-racism and common-sense demand that the most reliable way to determine whether an item of Native American cultural heritage is legitimate for the market is to work with affiliated Native nations and their appropriate governmental representatives, as tribes themselves are the experts in their cultural heritages. 

Buyers and collectors interested in tribal “art,” “antiquities” and “artifacts” should carefully consider whether these sensitive cultural and sacred items are legal and ethical investments, AAIA officials said.

Perception – and laws – on collecting Indigenous antiquities are changing to favor the protection and repatriation of these items, officials said. Auction houses, dealers and collectors must learn how to face the truth of the history of their collections and realize that the continuation of trade in Native American human remains, burial items and sacred and cultural patrimony is racist and unacceptable, AAIA officials said.  

According to the association, it recommends that purchasers and collectors focus their investment on contemporary Indigenous artists whose stories and creations are accessible and created to share with the world.

AAIA officials said collectors of Native American cultural heritage who wish to explore what repatriation can mean for Native nations should contact the association for more information.

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Auction houses selling Native cultural items | Culture | cherokeephoenix.org - Cherokee Phoenix
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