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Free the Kennewick Man
SBS 200
Professor Morley
By: Rachael Ramos
April 20, 2015
California State University Monterey Bay
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Introduction
Do you believe it is right to do research on someone’s identity and body after thousands
years ago, without consent of its relatives? I argue that the case of the Kennewick Man, must
bear the rights to the Native Americans and the Native American Grave Protection and
Repatriation Act (NAGPRA) that was written to protect these ancient graves. I believe Native
Americans must not be discriminated against, but protected and have the right to repatriate what
they own, such as burial artifacts and human remains. In this argument, I will explain my side of
the debate of a brief history of the Kennewick Man, the NAGPRA and the Confederated Tribes
of the Umatilla Indian Reservation (CTUIR) laws, the law suit, and lastly my argument of why
we must return the remains of the skeleton back to the Native American Tribe.
Figure 1: Location of Kennewick Man along the Columbian River of Washington.
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Background Information
Nine thousand two hundred years ago, there once lived the Kennewick Man. In the North
American Indian tribes, he is also known as the Ancient One. In 1996, pieces of a skeleton were
washed up on the shore on the Pacific Northwest across the Columbian River near Kennewick,
Washington. They were found by to college students who were trying to sneak into the boat
races. One of them stumbled over a piece of the remains and it so happened to be a human skull.
The college boys told the officials and the local law enforcement, who extracted the complete
skeleton from the river. Near the place where the remains were found, lives a freelance
anthropologist, by the name of James Chatters, who was asked to study the body. City workers
contacted the Umatilla tribe to decide what to do with the skeleton. Chatters soon discovered that
the remains were more than nine thousand years old, which meant that they were among the
oldest ever found in North America. Right away, the discovery exploded throughout the news
media. Cynthia- Lou Coleman, who wrote an article, The Extermination of Kennewick Man's
Authencity through Discourse. James Chatters who said, "I had been given a gift from the past,
an opportunity to learn from an ancient ancestor and to convey what he could tell us for future
generations” (Coleman 2013, 28). Chatters heard that the local tribes requested repatriation of
the Kennewick Man under the Native American Graves Protection and Repatriation Act
NAGPRA 1990. He then pleaded for help and support from eight fellow scientists and
anthropologists to sue for the right to study the body. They went to court and argued that they
had a right to study ancient remains for information about the Northwest’s earliest inhabitants.
Also, they contradict that the skeleton was from 450 generations years ago and that it was
1impossible to match with a modern tribe today. They cannot also prove from where the
Kennewick Man is from because the DNA tests were unsuccessful. However, they were up
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against the Native American Tribes; moreover, these tribes are federally recognized and that is
important in NAGPRA cases. The tribes believe and argue that the remains are their ancestor and
should be turned over to them for burial. The NAGPRA law requires the tribal representatives to
claim to the remains because they are culturally affiliated with the ancient group.
In that decade, they went through a tough struggle to make their voices heard against the Native
American Activists. The Kennewick Man’s bones today are being stored at the Burke Museum
in Seattle.
NAGPRA
NAGPRA, as mentioned, stands for the Native American Graves Protection and
Repatriation Act. Susan B. Bruning is an author of the article of, Complex Legal Legacies: The
Native American Graves Protection and Repatriation Act, Scientific Study, and Kennewick Man.
Bruning quotes about the NAGRA that, “NAGPRA’s passage was also proceeded by intensive
efforts to explore and understand the balance of interests at stake in handling Native American
human remains and objects” (Bruning 2006 507). It all began in the 1970’s, when negotiations
were made to return named individuals to their un- identified ancestors and descendants. The
Smithsonian adopted its first policy on repatriation. In the 1990’s, the law and policy of
NAGPRA was expanded to allow for the repatriation of human remains that are related to Native
American groups that are beyond descendants of individuals. It was equally split down the
middle whether people agreed to let anthropologists study the remains since they are not
identifiable. Or should the remains be returned safely to their tribe. Finally, NAGPRA was born.
It was said, “On July 10, 1990, U.S. Representative Morris Udall introduced Bill H.R. 5237 in
the House of Representatives; Senator Daniel Inouye introduced the bill in the Senate. After four
revisions, the fifth version of the House bill became law on November 16, 1990. NAGPRA was
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born, and relationships among the scientific, museum, and indigenous communities of this
country were markedly transformed” (Bruning 206 523). NAGPRA now protects the rights of
Native Americans and their ancestor’s remains. However, NAGPRA does not prevent all
scientific studies. According to Burning, the law provides, “It provides mechanisms within
which scientific researchers, museums, and tribes are expected and empowered, to coexist as
they pursue their interests- at times shared, at times divergent-in managing the material record of
the past” (Bruning 206 515). The NAGPRA overall, is equally divided between the scientists and
Native American rights.
The CTUIR
Similarly related to the NAGPRA are The Confederated Tribes of the Umatilla Indian
Reservation (CTUIR). The CTUIR is a federally recognized tribe and is a confederation of three
Native American speaking tribes, such as the Cayuse, the Umatilla, and the Walla Walla. On
September 9, 1996, the Chairman Board of Trustees of the CTUIR could not display any cultural
affiliation to the skeleton because of its ancient and old age. The CTUIR claims the skeleton
because of the pre-settlement use or ownership of the area where the skeleton was found.
My Argument
Based upon the information and facts given about the Kennewick Man, I argue that the
remains of the skeleton should be given back to the Native American tribe for burial. Yes, I think
anthropologists should study the remains, but to a certain extent, for instance, only to study
ancient and human remains to determine where it is from and background. However, there is no
reason to keep the remains forever to study and never return to the rightful owners of their
ancestors. What if some archeologists dig up your great relative from their burial, kept it from
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you, and never returned the remains of the skeleton to you? I would be very disheartened and
deceived. Scientists and anthropologists should give the remains back to the tribes for what is
rightfully theirs. Bruning states in her article that, “Respect for Native Human rights is the
paramount principle that should govern resolution of the issue claim is made...” (Burning 2006
525). I believe in Native American Human Rights and the NAGPRA, that everyone is treated
fairly and equally of what is justly and truly theirs.
Conclusion
In conclusion, I argue that the case of the Kennewick Man, Native Americans must not
be discriminated against, but armed and protected of what they own. Native Americans, and the
NAGPRA provide the rights and to be repatriated of burial artifacts and human remains. The
Kennewick Man once live 9,200 years ago. His remains were found washed up on the shore of
Washington’s Pacific Northwest Columbian River. He was of a Native American Tribe and is
rightfully owned by a tribe. It is amazing how the Kennewick Man was discovered and his
skeleton was preserved for hundreds of generations. However, the remains were not treated
respectfully. The scientists and anthropologists did not treat the Native Americans equally and
fairly based on the Act of NAGPRA. The scientists did not want to return the remains and that is
wrong. They must return the they are repatriated to their tribe. Not only does this just go for the
Kennewick Man, but for any skeletal remains found and studied, by archeologists and scientists.
I believe if any scientist were to examine any Native American artifact or human skeleton
remain, it must be returned to its tribe. This is my argument based on the case of the Kennewick
Man.
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References
Bruning, S. (2006). Complex Legal Legacies: The Native American Graves Protection and
Repatriation Act, Scientific Study, and Kennewick Man. American Antiquety, 71(3), 501521.
Coleman, C. (2013). The Extermination of Kennewick Man's Authencity through Discourse.
28(1),