How many African American skeletons are being kept in museums across the United States? How many of these are from persons who sold their bodies to science? How many are from archaeological sites? How many were procured at some distant time in the past when antiquarians, medical schools, and archaeologists used to dig up burials for their own personal research?
Those are the questions I have after reading “When Black History is Unearthed, Who gets to Speak for the Dead?” in New Yorker Magazine (September 27, 2021). This article focuses on the current and controversial issue of African American ancestral remains and African American burial grounds, many of which are unidentified, neglected, overlooked, and destroyed by construction. There is movement on this issue. The archaeology of the African Burial Ground in New York City in the 1990s brought the issue to the forefront of American archaeology. Black communities have been pushing for the identification and preservation of our cemeteries.
This year (2021), the African American Burial Ground Network Act is moving through congress. The Act calls for the National Park Service (NPS) to provide guidance for communities to record African American cemeteries. It will be of great use to the dozens of communities across the country who are pushing against to loss of their ancestral burial grounds. I’ve discussed it on this blog previously and believe it is a positive step forward that could make a contribution towards recognizing Black pasts in the United States.
While we are making some steps forward, what can we do about the missteps archaeology has already made when it comes to African American ancestral remains? What do we do about those individuals archaeologists have already obtained and are using them without consultation with the descendant community? What happens when we find out about another Black body that is disrespected by the anthropological community? That’s what the movement to inventory African American human remains in repositories seeks to address.
NOTE: The following blog post is going to be biased as hell. I am Black. I was born in the United States, grew up here, my distant ancestors are from Europe and Africa but we became Americans, and will die an African American. This is my home.
I am also an archaeologist who believes in the value of archaeological collections, including human remains, for scholarly research. I am also aware that these collections have not been used to help anyone except for scholars. My career has been spent studying sites created by disenfranchised people. I am one of the disenfranchised but I now find myself in these impactful conversations. My job is to help people who have been screwed by archaeologists in the past reclaim the pieces of their heritage that we haven’t destroyed. This blog post is part of those efforts.
Finally, I am an advocate of devising a way to inventory African American human remains at federally-funded repositories in the United States. I’m behind this effort because it’s the right thing to do and would be a big step towards archaeological reparations for the damage archaeology and anthropology has done, and continues to do, to Black people worldwide.
The following words do not reflect the opinion of the Society of Black Archaeologists, the University of California, Berkeley, or the entirety of Black America. What you are about to read is my own opinion posted on my own personal blog.
A Black NAGPRA?
The New Yorker article focuses on discussions about African American human remains stored in repositories and museum collections across the country. Answering the question “How many of our people do they have?” is one principal motivator behind calls to inventory African American human remains in federally funded repositories. However, even the thought of inventorying our ancestors in museums seems to be controversial because many believe it may lead to a push for repatriation and reburial which could halt research on these skeletons. Scholars quoted in the article note the pivotal role DNA research can play in reconstructing Black genealogies, telling us the environmental conditions our ancestors were living in, and helping us learn more about the relationship between genetics and diseases afflicting Black people today. The fear is that: If Black people ask for their ancestors’ remains to be returned, scholars won’t be able to do whatever kind of research they want to do on Black bodies.
This is similar to the continued opposition amongst a group of bioarchaeologists opposed to the Native American Graves Protection and Repatriation Act (NAGPRA). Passed as a federal law in 1990, the NAGPRA calls upon federally-funded repositories to: 1) inventory their collection of Native American human remains and grave goods, and 2) conduct repatriation consultation with federally-recognized tribes. This seems straightforward but, even after more than 30 years, there are still several repositories that have not complied with this law.
(NOTE: I am an employee of the University of California, Berkeley which is one of those institutions with a museum that still has not returned about 8,000 ancestors (human remains) and 250,000 associated cultural belongings (funerary objects). Hopefully, this process will move a bit faster as Deb Haaland, the first Native American Secretary of the Interior, is calling for NAGPRA to be streamlined.)
The State of California, where I live, also passed a version of CalNAGPRA in January, 2021 that enables all tribes in California, even those not recognized by the federal government, to be able to negotiate for the repatriation of their ancestors and associated funerary objects. Failure to comply could result in a fine of up to $20,000 dollars for each item not repatriated, which could cost the Hearst Museum $9,800,000,000. I’m not sure if they’ve got the cheddar to cover that spread.
Despite NAGPRA and CalNAGPRA, a few archaeologists in California continue to object to repatriating human remains and funerary objects to Native people. A recent op-ed by a bioanthropologist at UC San Jose calls CalNAGPRA a conflict of church and state as “folklore” is considered one of the means Native people can use to claim ancestral connection to California. This scholar vocally stated this at the 2021 Society for American Archaeology conference and published a book that continues this position. This scholar joins long-time opponents of NAGPRA who demonstrated their objection to repatriating Kennewick Man, preventing his return to central Washington Native people for over 10 years. The ancestral remains of the present-day Umatilla, Colville, and Nez Perce people were discovered in 1996, six years after NAGPRA’s passage, but weren’t repatriated until the US Congress passed a specific legislation forcing the scholars to return the remains in 2017. CalNAGPRA’s update is a 2021 version of that special legislation and is designed for the holdout repositories to do what they’re legally supposed to do. We’ll have to wait and see what happens.
A group of African American scholars are paying attention to what NAGPRA has done for Native American ancestral remains. In May, 2021, Nature Magazine published a comment on creating an African American Graves Protection and Repatriation Act (AAGPRA). In “Craft an African American Graves Protection and Repatriation Act,” Justin Dunnvant, Delande Justinvil, and Chip Colwell (2021) cite the lack of protection for Black burial grounds and accountability for how Black human remains are used by scholars as grounds for creating an AAGPRA. This article calls for four actions to take place: 1) passing the African American Burial Ground Network Act; 2) Inventorying Black ancestral remain; 3) pause the unethical use of Black remains, and; 4) amend existing federal regulations. All of this will involve consultation with Black communities, which means archaeologists and museums will have to reach out to Black folks, find those willing to work with them, and collaborate on how this can be accomplished. Proactively collaborating with Black communities will stymie the problems with the top-down orientation of NAGPRA and, hopefully, will cultivate a spirit of cooperative, community-based science that does not currently exist.
While the potential for progressive, mutually-beneficial science could arise from this effort, a vociferous opposition also may arise. Those opposed to inventorying BIPOC human remains are worried that, after we finally figure out exactly how many of our ancestors they’re keeping in their storage units, we will ask for them to be returned so we can respectfully bury them in accordance with our cultural beliefs.
It’s important to note that there are some Black bioarchaeologists, geneticists, and scholars who don’t want Black ancestral remains to get buried. As an archaeologist, I can totally see their point of view. As a Black American, I can also see the importance of returning those who never asked to be turned into “artifacts.” Science on collections derived from disenfranchised people should proceed in consultation with those people because this isn’t something we’ve done before. Archaeologists dig, archaeologists talk, archaeologist think they know but very few archaeologists check their conclusions with the communities from which the information came. This means archaeology progresses in one direction, organic, homegrown heritage conservation of African American pasts progresses in another direction and neither group is communicating with each other. The conclusions are limited in scope because they cannot crossover between scientists and citizens. Inventorying Black American’s ancestral remains has the potential to be a positive step forward that could help bridge vernacular heritage conservation and anthropological science.
What do Black Americans want done with our ancestors who are in museums?
This is an important and complicated question. I’m Black but I can’t speak for all Black Americans. I’m also an archaeologist with a firm belief in science, but I can’t speak for all archaeologists. I’m part of a group of committed scholars who are investigating what an inventory of African American human remains would look like. We haven’t even gone into discussions of repatriation because:
A) We have an accurate estimate as to how many ancestral remains we’re talking about,
B) At this point, we don’t really know who the stakeholders would even be, and, most importantly,
C) We don’t know how African America feels about this whole issue.
While I can’t speak for all Black Americans, I’m pretty sure most of us want the ethical treatment of our ancestors. I’m pretty sure a majority of us want anthropologists to stop treating our ancestors like artifacts, specimens, and data, and more like human beings that were once living, breathing, thinking, and caring. People are both data and family members. Regardless of ancestry, this is something I think most humans want acknowledged by science.
Once again, I don’t speak for all Black folx but I feel like most of us also want scientific and anthropological research to directly help our communities. It’s great to scan our ancestors’ DNA to figure out if we are more susceptible to certain diseases but it’s even better to use that information to help keep us from getting those diseases. Awesome to discover genetic connections to our Diasporic origins in Africa; even better to use that information to bridge people living in the United States today with our people across the Diaspora. As a Black archaeologist, I know what it’s like to use your research to help people living today know what their ancestors were doing in the past. It’s restorative to know more about our past. It helps combat the narratives at the heart of structural racism in the United States, and it empowers us to be able to tell our children, with certainty, who we are and where we come from. This has been taken from us. It is something many of us would like to regain.
What would an AAGPRA mean for NAGPRA?
I don’t know the answer to this one, but I can speculate based on what I’ve learned from 20 years of doing archaeology in the United States. Among the thousands of potential responses, I envision three very likely scenarios:
1) Repositories would slowplay addressing their Black collections while they continue working on NAGPRA. This would hurt African American communities but would continue doing the same level of trauma to Native Americans.
2) Repositories would act like deer in the headlights and freeze. They’d act like they can no longer do NAGPRA because now there’s this completely foreign thing called AAGPRA, so work on NAGPRA would slow. This would hurt both Black and Native communities, but the impact would be comparatively greater to Natives who have been waiting 30+ years for this whole thing to come to completion. As an African American archaeologist, this would be the worst outcome as I feel like Native people can be the strongest allies for Black folks who want to see all ancestral remains treated properly. Harming Native Americans also harms African Americans, but this outcome would prevent us from forming a bloc to advocate for the treatment of all human remains in repositories.
3) They would draw upon their experiences with NAGPRA to move through the AAGPRA process. This is what I hope will happen; however, it will be complicated because Black people do not have a government-to-government relationship that can force action (more on that below).
Bioanthropologists, don’t be afraid of the future.
The future is coming no matter what. Research on human remains has taught us much about our pasts. It’s given us insight into what past life was like and how the earth has changed over the past few hundred thousand years. We know more about humanity than ever before, and we owe much of that to bioarchaeology. The time has come for us to think about forging a new pathway, a path that respects the values of others, that seeks to include BIPOC people, and operates from a position that uses “both/and” thinking
- Both science and respect for ancestors can exist alongside each other.
- Research can be both insightful, restorative, and regenerative for those who have been harmed by science.
- Bioarchaeologists can continue to learn more about human pasts, and they can conduct their work within the ethical boundaries accepted by the BIPOC communities for which they should be working
I don’t think we need to stop doing bioarchaeology on Black Americans’ ancestral remains. But we need to make sure it is done in collaboration and with input from the descendant communities where these remains originated. To do that, we’re going to have to inventory what we’ve got, trace them in time and place to descendant communities, and ask their descendants how they would like their ancestors’ remains to be treated. Research does not have to end. Disrespect does.
I’ve been thinking about the campaign to inventory African American human remains and funerary objects housed in federally funded repositories in the United States. We’ve already established that I can’t speak for all Black people, but here are some things I’d like to say to those who might have misgivings about letting us know your museum have African American ancestral remains:
1) African Americans are not Native Americans: Despite all the effort past anthropologists invested in using African American human remains to divide humanity into discrete “species,” so they could subjugate us, many opposition scholars seem to think African American communities will respond to the idea of inventorying Black remains in the same way many tribal governments did with NAGPRA. I feel like the Black people working on the African American remains inventory do not want to infringe on Native sovereignty and control over their ancestors remains. The Black folks I’ve spoken to about this support Native American repatriation and recognize how these collections have been used against Native American and all BIPOC people in the past.
We can see similarities between how scholars used BIPOC human remains to create white supremacy and cultivate structural racism. But African Americans have a completely different historical and cultural trajectory than Native Americans. Black Americans also have different political, economic, spiritual, psychological, and medical goals for their communities. All of us want our ancestors treated with respect but we cannot assume Black Americans will feel the same way about inventorying their ancestors as Native people have.
2) There is no sovereign organization to whom Black remains could be repatriated: This is the biggest thing clarify. NAGPRA, CalNAGPRA, and all the other Native American repatriation regulations depend on the deep ancestry and legal sovereignty Indigenous people have over ancestral remains and items collected in the United States. Native Americans have been in what is now the United States for thousands of years. They were here when European colonialists imposed our current world upon them. “Federally-recognized” refers to specific Native groups who were forced to make treaties with the U.S. government. “Indigenous” means “people who have deep antiquity in the land.” Black people do not have these privileges.
While African Americans have been in what is now the United States since before there was a United States, we do not have a nation-to-nation relationship with the federal government. We also do not have deep time ancestral roots in this land that can be proven with archaeology, “folklore,” anthropology, linguistics, or any of the other sciences that Native people can use to connect them to this land. That’s partially what this is about. Many Black people want to know our ancestry so we can better know who we are. Inventorying these remains will help us know how we are connected to those who came before us but could also help us establish deep time connections to our genetic roots wherever they may be.
Most importantly: There is no sovereign African American national group that can enter a government-to-government relationship with the U.S. government. Currently, there aren’t any Black-owned regional or local administrative organizations that could negotiate with museums for repatriation or even inventorying the remains. Inventorying our ancestral remains will help museums establish connections between Black descendant communities and the places from whence we came. To do this, repositories will have to work with Black communities on a case-by-case basis. In the process, Black people will have to find folks willing to work with repositories, people who are interested in this sort of thing. I do not think there will be an African American Graves Inventory and Repatriation Department that will handle things for all 42,000,000 of us. Establishing supreme sovereignty over African American human remains is not the point of the inventory. The point is for repositories to make connections with Black descendant communities so some sort of restorative justice can begin and unethical treatment can end.
3) African Americans want the right to choose what happens to our ancestors: Over 90 percent of archaeologists in the United States are white, which means it is mostly white bioarchaeologists who are making the decisions over African American ancestral remains. They do not always consult Black people before, during, and/or after their research is conducted. White archaeologists are going to have to connect with Black descendant communities, somehow, for this inventory undertaking to work. Black Americans do not control repositories so we will have to work through white archaeologists for the time being.
These collaborations will also have to decide the ethical treatment of Black remains. Until there are more Black bioarchaeologists, a coalition between Black and white people will have to be the vehicle for enacting these changes. This alone could be one of the most beneficial outcomes of this entire project, even if it never comes to fruition. We live in an increasingly polarized and segregated society. The simple reality of Black and white people working together on something, learning about each other through an anti-racist lens, this could be revolutionary. Of course, there’s also the chance for archaeologist to show their own racism and privilege. Inaction or resisting this issue would be one of the clearest way we could show this to African Americans.
(BTW: It isn’t up to the few Black archaeologists to figure out how to fix this mess. We weren’t the ones collecting African American remains. Very few of us are in charge of these repositories. African American archaeologists are among those who are seeking redress for what has happened to our people in the past. It’s awesome that there are even enough Black archaeologists that could be quoted in the New Yorker article, but you cannot expect the few of us to fix the problem created by white archaeologists and anthropologists over the past 200 years.)
4) African American communities deserve the right to decide whether or not the remains in the repositories are “officially” our ancestors: Anthropology and archaeology can do much to tell us where the Black American ancestral remains were procured (as long as the museum has the proper records). However, having sovereignty over heritage properties includes having the freedom to make a collective decision over the handling of the remains we consider to be “ours.” Descendant communities should be the ones who work out who is and who is not an ancestor to their community.
One of the objections some bioarchaeologists have about the CalNAGPRA revisions is the fact that Native Californians can use a constellation of culturally-relevant data to demonstrate “state cultural affiliation.”
According to the current version of AB-978, “Cultural affiliation shall be established based on one or more of the following:
(1) Geography.
(2) Kinship.
(3) Biology.
(4) Archaeology.
(5) Linguistics.
(6) Folklore.
(7) Oral tradition.
(8) Historical evidence.
(9) Tribal traditional knowledge.
(10) Other information or expert opinion that reasonably leads to that conclusion.”
In 2020, non-federally recognized California tribes were allowed to apply for their ancestral remains to be repatriated using these same criteria.
This may seem scary to some bioarchaeologists but, if you look closely, you will see that the cultural affiliation criteria listed above includes stuff archaeologists and anthropologists have already been using to demonstrate cultural affiliation for federally recognized tribes (You know. Stuff like “traditional knowledge” and “geography” as white anthropologist recorded in the Handbook of North American Indians). The only difference is now tribes are empowered to do this for themselves, in conjunction with “expert opinion” (or, professional archaeologists). AB-978’s revisions are trying to give the power of determination to Native Californians. Why can’t Black communities be given at least a chance to do the same for Black remains in repositories?
Given the opportunity, African American descendant communities are fully capable of using these same criteria for ourselves to determine cultural affiliation with ancestral remains. It is likely that, like some Native American groups, Black communities will rely on bioarchaeologists and anthropologists to conduct scientific analysis to connect ancestors to descendants. It is also likely that some communities won’t be interested and would rather do the work themselves through their existing social networks. This may pi$$ off some white bioarchaeologists, but part of the inventory process means letting descendants have the power to determine who is and who is not their ancestor using the means they deem necessary.
5) African Americans deserve to reap the benefits of research conducted on our ancestors: Have you ever heard of Henrietta Lacks? Cancer cells taken from her body without consent have been used in medical research since 1951. It is unknown how many breakthroughs came from the study of her immortal cells. In 2020, the Howard Hughes Medical Center donated “six figures” to the Henrietta Lacks Foundation as reparations for the nonconsensual use of cells from her body that lead to millions of dollars of research and medical treatments.
Science is conducted on the bodies of Black, Indigenous, and People of Color all around the world, all the time. We do not know how big of a contribution we have made to medical science but I’m pretty sure there’s no amount of money as reparations that is going to cover it. We also do not know how much bioanthropological and genetic research has been or is currently being conducted on our ancestors’ remains, which is a major reason why we need to know where our people are at and how they are being (ab)used.
Black descendant communities deserve the right to benefit from any scientific “discoveries” made from the study of our ancestors’ remains. Internal Review Board (IRB) protocols need to be followed when working with Black remains to make sure the resulting research doesn’t take advantage of us or be misrepresented by scholars. We deserve to be consulted before the research is started, given the opportunity to interject when things seem unethical, and told of the results when they are completed. Any financial gains should be shared with descendants unless those rights are purchased before the research is started. Descendants need to be paid as informants for ancestors who were stolen from their graves and that’s just the start of reparations. When it comes to making $ off #BlackLives, the buck stops with us.
African American bioanthropologists believe Black remains can do much to increase our medical knowledge. We know genomic research has huge potential despite the cultural politics behind it. Black bioanthropologists also know the power of evaluating how we’ve changed over the last 400 years as seen through dental and skeletal collections. The largest collection of African diasporic human remains is at Howard University, an HBCU, and was initially created to increase Black sovereignty over the study of our people. This ongoing work has great potential to help us address the illnesses that plague African America today.
African Americans should also get the right to benefit from any life-saving medicines, treatments, or knowledge derived from the study of our ancestors’ remains. At least the descendant community should get to benefit from this research, if not all African Americans. It is unknown how many lives have been saved from Henrietta Lacks’ cells but her descendants deserve to be among those saved.
6) African Americans deserve restorative justice and reparations for the misuse and mistreatment of our ancestors. This whole thing is about repairing some of the harm caused by unethical treatment of African American archaeological remains. Archaeologists and anthropologists have not been kind to the Black community. I’ve seen a number of museum exhibits in the United States and abroad that portray Black people as exotic, backward, slaves who live lives of desperation today but have a colorful culture full of music, dancing, and art available for white people to enjoy. I have no idea how much research has been conducted on African American human remains that only served to further those colonialist, racist narratives.
There’s no amount of money that is going to fix what has been done. Fixing this is going to take at least as many generations as it took to create it. African American slavery in the United States lasted 246 years. Jim Crow lasted over 100 years. It’s only been 50 years since the Civil Rights Acts gave Black people equal-ish rights. We still have a way to go. Collaborating with Black descendant communities is an excellent way to help organic, homegrown heritage conservation projects Black people are already doing on our own.
Ancestry projects, DNA analysis, heritage tourism to Ghana, emigrating to the American South, and pushing for Black history to be part of school curriculum are all part of the effort Black Americans are already doing to get recognition and remembrance. This is personal for us but it also has the potential to help undo what racialization has done to other groups, specifically white people. The African American story has never been told because it hasn’t complied with Western notions of history, archaeology, and significance. Most of the people telling that story were not listening to the descendant communities who lived it. This is one reason why so many Black ancestors found their way into archaeological repositories in the first place.
Inventorying those ancestral remains is a powerful step towards scientific reparations. When done in collaboration with descendants, these inventories of human remains have the potential to provide a link to the past for people who are searching. Museums could be part of the solution of Black history, building a bridge between communities and academia that currently does not exist. None of us can go back and change what has been done. All we can do is work in the present to provide a better future.
The Pathway Forward Looks Hopeful
Since starting this blog post I was fortunate enough to listen in to a talk on excavations at what is possibly the first African American church in the United States. Jack Gary, an archaeologist with Colonial Williamsburg (CW), participated in Episode 5 of the Peabody Museum’s archaeology talk series Diggin’ In: Season 3. The talk, The First Baptist Church, Colonial Williamsburg, summarized the efforts Colonial Williamsburg is taking to identify a Black Baptist church that dates to the early nineteenth century that was created at a time when there were two Black Americas: free Black people and enslaved Blacks. Both free and enslaved Black Americans created the first Black Baptist church in Williamsburg, possibly Virginia and the United States. This is a story that deserves to be told.
Gary talked about how Williamsburg has done archaeology in this part of the CW property previously, including a 1950s testing dig that was primarily undertaken by Black archaeological technicians. The more recent excavations identified foundations of two Black Baptist churches (possibly the first church and a larger church built in 1856). The church moved to a new location in 1956 and the 1850s church was torn down to make way for the Colonial Williamsburg we know today. The location was paved over by a parking lot for decades, sealing in the archaeological remains.
The current excavations are being conducted in close concert with the existing church parishioners, who are proud of their heritage and have questions about their ancestors. They wanted to know: 1) can enough evidence be found that their original church can be recreated and 2) are there any burials on that property? Despite being named after colonialism, CW has taken great lengths to use their archaeological skills and well-endowed foundation to help descendants learn more about this painful part of American history. Without saying so, the dig seems to be trying to democratize knowledge. The dig is open to the Black community at all times. Black folks are able to come by and see what is happening, volunteering to work on the project as much as possible. African American youth are part of the archaeological technicians working on the project. The Black parishioners and CW put together a Juneteenth display with lighting and music that conveys the importance of this place to the descendant community. It is also an important part of CW’s history. You can learn more about the project on CW’s website.
The grave shafts of 21 individuals were discovered. We now know there are burials in this place. Colonial Williamsburg is now working with the descendant community to figure out what should be done. Descendants are very interested in figuring out if they’re related to any of the buried individuals. They know DNA and other archaeological analyses can be used to connect the dead with the living. These connections have been obscured by structural racism, slavery, and time. Archaeology is an excellent vehicle for reconnecting Black Americans with our ancestors.
I believe this project highlights the potential that can come from inventorying African American human remains in museums and other repositories in the United States. Colonial Williamsburg does not have an unblemished history when it comes to Black people, but it does look like the archaeologists there today understand the positive impact archaeology can have on African American communities. This collaboration with one specific descendant community cannot erase past harm but it can build a positive future.
We do not know how many African American individuals are curated in the United States. Increasingly, we hear that Black remains are being used unethically or have become “lost.” This just intensifies the negative impact slavery, colonialism, and racism has on the Black people of today. We know who we are, but we also want to know more about who we were. Archaeology can help. If it’s done ethically, genetics, bioanthropology, and DNA research can build connections with people who have been disenfranchised from knowledge creation and archaeological data. However, this cannot happen until we can protect our ancestors from misuse and learn what has happened to them after they were taken from the ground. Inventorying African American human remains in federally-funded repositories is an excellent place for us to start addressing this issue.
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