Archaeological Ethics and Laws

Do archaeologists keep their finds?This and other answers

A SOCIAL STUDIES CURRICULUM ENRICHMENT FOR MIDDLE SCHOOL

PRODUCED BY THE HAFFENREFFER MUSEUM OF ANTHROPOLOGY AT BROWN UNIVERSITY

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Table of Contents

About These Materials 3

Culture CaraVan 4

Curriculum Standards 5

Introduction 6

Archeological Ethics 8

Archaeology and the Law 9

Side Story: The Wreckage of the Titanic 11

Looting 13

Side Story: The Looting and Destruction of Archaeology in Wartime 14

Stakeholders 15

Side Story: Repatriation 15

Lesson Activities 17

A Guide to Approaching Ethics 18

Case Studies 19-28

Huaqueros 19

Reflection Activity 21

Exhibiting Salvaged Artifacts 22

Discussion Activity 23

Reflection Activity 24

Stakeholders Activity 25

The Battlefields of World War I 26

Research Project 27

Opinion Essay 28

References 29

Internet Resources 31

Acknowledgements 32

COVER IMAGES L TO R: An excavation unit from the BrownUniversity course “The Archaeology of College Hill”; A Brown University student sifting for artifacts during “The Archaeology of CollegeHill” course during their excavations of the First University President’s House; Brown University Emeritus Professor and Director of the HaSenreSer’s Circumpolar Laboratory, Douglas Anderson,with students from Brown, meets with Inupiat communitymembers from Kiana, Alaska.

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About These Materials

The HaSenreSerMuseum has developed these materials to provide you and yourstudents useful information, project and activity suggestions and resource materialsthat can complement your studies of archaeology and can be used independentlyof a museum program.

Have you ever wondered if archaeologists get to keep their finds? Do your studentsask about excavating human bones? This packet begins by explaining the roles of ethicsand laws archaeologists must abide by and answers common questions non-archaeologists often have such as where archaeologists are allowed to dig and whycan’t anyone dig wherever they want.

This informational portion of the packet provides your students with such backgroundinformation, and you may choose to have your students use these sections for group,partner, or independent reading. Following this are ready-to-use lesson plan activitiesby using real case studies. Students will reflect on the case studies and formulate wellthought out responses to ethical dilemmas.

These materials were written for grades six through eight; however, you can adapt theinformation and activities provided in this packet to the appropriate learning levels ofyour students. We also suggest some web sites and books that you and your studentscan use in your classroom to learn more about each topic.

Vocabulary words are in bold and defined in the margins.

LEARNING OBJECTIVES

1. Students will understand that archaeologists must follow codes of ethics and setsof laws in their work.

2. Students will understand that although archaeologists study the past, their workcan aSect living communities.

3. Students will feel comfortable expressing their opinions on issues of ethics and willlearn to aSectively formulate their point of view using evidence.

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Culture CaraVan:Bringing the Museum to You!

The HaSenreSerMuseum collects and maintains over 100,000 artifacts of humancultures from around the world. We have oSered experiential educational programsto the public for over forty years.

Through hands-on, object-based activities and inquiry-based teaching, our programseducate students and teachers about people and societies from around the globe.Through ourCulture CaraVan outreach program, we deliver the world’s cultures rightto your classroom, enhancing the experience with objects from our world famouscollections! Visit our website to learn more about ourCulture CaraVan programs.

Dig it! Discovering Archaeology

How do we know about the cultures of the past? Dig it! brings an archaeological site toyou for a down and dirty exploration. Students will participate in a simulated dig duringwhich they will find and map a variety of artifacts. After their investigation, participantswill report their findings to reconstruct an archaeological site. Take this opportunity togive your students a unique experience using scientific inquiry to understand the past.Visit our website at brown.edu/Ha?enre?er formore information.

Native People of the Plains

Participants will explore life on the Plains “then and now.”Students will gain an understanding of the importanceof the American buffalo, or Bison, to the survival of theearly Native people of the Plains such as the Kiowa,Lakota, and Comanche. Participants will learn about thecultural changes brought by the reservation systemand study how the Plains people today incorporate earlytraditions into their contemporary lives.

Check out the complementary lessons on our website!

Native People of the Southwest: The HopiDid you know that many Hopi still live in the pueblos their ancestorsbuild on desert mesas hundreds of years ago? Participants willstudy Hopi culture in this interactive, hands-on presentationby examining cultural materials from our collections. Studentswill learn about ancestral traditions still observed in modernHopi communities and will discover themany surprising resourcesavailable in the desert, how the Hopi use them, and Hopibeliefs about their world.

To book a programContact us at 401-863-5700, haffenreffer_programs@brown.edu,or use our on-line form at brown.edu/go/haffenrefferoutreach

Scheduling: CaraVan programs are available Monday through Fridayin two-hour time slots, however, we can adjust any program to fitshorter class periods such as a middle or high school bell schedule.

Group Size: There is a maximum of 30 participants per session. Ifyour group surpasses 30, you will need to schedule multiple sessions.We can accommodate up to two sessions per day.

Cost: The cost is $6 per person. There is a $150 minimum chargeeach day. A gas fee of $15 per ten-mile increment may be charged tolocations over forty miles from the Museum's site in Bristol.

Cancellations: A two-week notice is required for all cancellations ora $50 cancellation fee will be charged (except for snow days).

Chaperones: For groups including participants under age 18, we requirean adult in the room at all times to assist the museum educator.

Special Needs: Please inform us of any needs your group may have.We are committed to having our programs accessible to all.

Indigenous Peopleof Central AmericaThe program begins with an exploration of theancient civilizations of the Toltecs, Olmecs, Aztecsand Maya. With a focus on the Maya, students learnabout environmental and cultural changes that occurred before thearrival of the Spanish conquistadors. Students will also understandhow the Maya live today and learn about the traditions they continueto keep. Upon request, we will include a discussion of the issuesthe Indigenous people of Central America face within their existinggovernments and the experiences of Central American immigrantsin the United States.

Native Peopleof Southeastern New EnglandWith a focus on Narragansett and Wampanoag, studentswill learn how the early people of what is now NewEngland lived and used the resources available in theirenvironment. Students investigate cultural differencesbetween the English settlers and the Native people, andwill understand howNative people adapted to a changingsociety through time. Participants will learn how theNative People of Southeastern New England continueto celebrate their heritage using a modern-day socialdance as an example.

Complementary lessons are available on our website!

Native People of the ArcticHow have people survived and thrived in the Arctic’s harshenvironment for thousands of years? Find out in this fascinatingprogram featuring Yup’ik and Inupiaq people of Alaska. Students willexamine cultural objects and play traditional games that trainedchildren for hunting. Participants will learn howpeople maintain their cultural traditions todayand continue to use their resources wisely.Students will also investigate how environmentalchanges have affected coastal villages and thehunting economy.

Dig it! Discovering Archaeology

How do we know about the cultures of the past? Dig it! brings anarchaeological site to you for a down and dirty exploration. Studentswill participate in a simulated dig during which they will find andmap a variety of artifacts. After their investigation, participants willreport their findings to reconstruct an archaeological site. Take thisopportunity to give your students a unique experience using scientificinquiry to understand the past.

Check out the complementary lessons on our website!

Culture Connect:Experience the Cultures of the WorldIn this interactive program, your students will travel the world withamazing objects from our collections and explore cultures of todayand yesterday. Participants will become citizens of the world as theylearn how similar and how exciting their cultural differences can be.The multitude of objects will turn your classroom into a multiculturallaboratory for teaching inquiry-based lessons about theworld’s cultures.

Complementary lessons are available on our website!

Sankofa: African Americans in Rhode IslandSankofa is a term from the West African Akan language meaning“going back to the past in order to move forward.” Evoking thatconcept, our Sankofa program focuses on the many cultures of WestAfrica whose people were brought to Rhode Island by the transatlanticslave trade. Participants will study about the experiences of enslavedAfricans in Rhode Island, the roles of Rhode Islanders in ending slavery,and the contributions African Americans have made and continueto make in our society. This program can be adjusted for a morein-depth study of Black Heritage or maintain a Rhode Island focusdepending on the needs of your curriculum.

Complementary lessons are available on our website!

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401 863-5700 • http://brown.edu/go/haffenrefferoutreach

Culture CaraVan

Let us deliver the world’s cultures

right to you with objects

from the Haffenreffer Museum’s

famous collections!

Outreach programs fromthe Haffenreffer Museum of Anthropology2015–2016

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Links to Curriculum Standards

National Council for the Social Studies Curriculum Standards

• People, Places, and Environments• Individuals, Groups, and Institutions• Science, Technology, and Society• Global Connections

Common Core State Standards

• RI.6-8.1,4• W.6-8.1.a-e, 2.a-b, 4, 7, 8• SL.6-8.1.a-d, 4• L.6-8.4.c• RH.6-8.1-4• WHST.6-8.1.a-b, 2.a-b, 4, 7, 8

Rhode Island Grade Span ExpectationsCivics and Government

Grades 5-6• C&G 2-2.a, c.• C&G 3-2.b• C&G 4-3.a, b, c

Grades 7-8• C&G 3-2.a, b• C&G 4-1.e• C&G 4-3.d• C&G 5-2.b• C&G 5-3.b

WIDA Consortium Standards for English Language Learners

ELD Standard 1: Reading, Writing, Levels 3-5ELD Standard 5: Reading, Writing, Levels 3-5

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Introduction

People who interpret the archaeological record are able to explain thingsabout where and when humans lived. Archaeologists use the materialthey excavate to describe how people spent their days, what kinds of food theyate, and what kinds of houses they lived in. Archaeology provides us withinformation about the diverse ways that people have chosen to live throughouthuman history.

Archaeologists study thematerials that humans leave behind. Theymakemeaning by looking at artifacts. They pay attention to aspects like color, context,shape, texture, and geographic location. This is a diSerent way of learning aboutthe past than the study of history, which relies on written documents orinterviews. Like historians, archaeologists sometimes study written material.Both historical documents and archaeological texts can be compared withother archaeological evidence. When this happens, archaeological evidencesometimes supports the written narratives, but it can also oSer a diSerent pointof view. Because archaeology does not rely only on writing, it is able to oSera diSerent picture of the past. People have only been literate for a tiny fractionof human history, so archaeological material can tell us about societies thatdo not have written records. Sometimes, only certain members of a societyhave the power to write. If archaeologists looked only at written texts, theirperspectives about the past would be too limited.

Excavating sites involves digging in the dirt and removing objects, layerby layer. Once archaeological sites are excavated, they cannot be put backtogether in exactly the same way that they were found. Because of this, thesites are considered irreplaceable. Archaeologists have to be careful indeciding which sites to excavate. They need to remember to leave some sitesundisturbed so that in the future, sites will be available for people who wantto answer diSerent questions. Archaeologists may also decide not to digat a site if it is a burial ground or if it has spiritual significance todescendent communities.

Once archaeologists decide to excavate, they have to take detailed notesso that others can learn from their project. If they take careful notes anddocument their findings, other archaeologists who have diSerent researchquestions might be able to use their data to answer new questions.Archaeologists know that the research questions change over time. They alsoknow that technology constantly changes the ways that they excavate.

archaeological recordphysical remains that show

evidence of human activity

excavateremoving soil or othermaterials in order to findburied remains

artifactan object made by a humanbeing

contextan artifact’s perspectiveor environment. When anartifact is in context, itis taken into considerationwith its surroundings

literateable to read and write

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Because of this, they are careful to consider how their actions in the presentmight aSect research conducted in the future.

There are often many people and groups who have a vested interest in agiven archaeological site. These are called stakeholders. Archaeologists canbe stakeholders if they have a personal or professional interest in the site.Descendant communities are also stakeholders. Descendant communities aregroups made up of people who are related genetically or culturally to thepeople who used to live at place that is being excavated. In the United States,Native American groups are one example of descendant communities. Peoplewho live near the site are sometimes stakeholders. Finally, the people whoown the land that the site is located on can be stakeholders.

To summarize, archaeological sites:

• tell us how people lived in the past

• give us more information than written sources alone can provide

• cannot be replaced

• can have significance to people alive today

For these reasons, archaeologists have obligations when it comes to dealingwith archaeological sites and artifacts. The interactions that they have withthese sites are guided by two factors: ethics and laws.

stakeholderspeople and groups who havea vested interest in a givenarchaeological site

descendant communitiesgroups made up of people who

are related genetically or

culturally to the people who

used to live at the place that

is being excavated

ethicsa set of understandings

that help people make

moral decisions

lawssystems of rules that govern

acceptable actions within a

particular area

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What are Archaeological Ethics?

Ethics are a set of understandings that help people make good decisions.Ethics are not rules: it would be impossible to create a set of rules that wouldcover every single situation someone might encounter. Instead, ethics arecore ideas that help people decide how to act. People who work in diSerentprofessions face diSerent kinds of ethical challenges. Because of this,many professionals have their own sets of ethics to guide their decisions.Archaeologists do, too, and these are called archaeological ethics.

Many students have had their own experiences with codes of ethics. This isusually called a classroom code of conduct. Most codes of conduct act asguides. They provide broad examples of the kinds of behaviors that studentsshould take on. For instance, one part of a code of conduct might be “treatclassmates with respect.” This general statement helps students makedecisions in lots of diSerent circumstances. From this statement, students candetermine how to act in specific situations. Students would know, for instance,not to interrupt another student when he or she is speaking. Students wouldalso know that they should be patient if a classmate needs help understandinga new concept. Can you think of other specific situations in which “treatclassmates with respect” would guide your actions?

Archaeological codes of ethics are similar to student codes of conduct. Here isan example of part of an archaeological ethical code:

Archaeologists should take care of archaeological sites.

This statement should guide archaeologists in making good decisions in manydiSerent situations. Using this idea as a guide, an archaeologist wouldunderstand that archaeological sites are not places to dig for “treasures.”The archaeologist would know that she should record as much informationabout the site as possible so that others can benefit from her work. Shewould understand that taking care of archaeological sites is part of herprofessional responsibility.

It is important to note that like all professional ethics, archaeological ethicscan transform over time. As researchers’ interests change and as stakeholderstake on diSerent levels of engagement, the questions that guide archaeologicalethics can change. Beginning in 2008, somemembers of the Society forAmerican Archaeology (SAA) called for a review of the Society’s code ofethics. They suggested that the organization’s code be reviewed every tenyears. The discussion is ongoing, and the members hope that their organizationwill benefit from regular, critical reflections on the organization’s mission.

National societies like the AIA andSAA have developed codes of ethicsfor professional archaeologists.Smaller societies and institutions maylook to these codes for guidance.

AMA (American Medical Association)’sCode of Medical Ethics.

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Archaeology and the Law

Like ethics, laws determine how people interact with archaeological sites andartifacts. However, laws are diSerent from ethics because laws are usually veryspecific and people who do not obey them are penalized. Laws and ethics arerelated, since commonly held ethical beliefs are sometimes written into lawsby state and federal legislators. Laws and ethics sometimes overlap, but notalways. It is possible to break the law without violating ethics. For instance,Americans who were part of the Underground Railroad broke the law by hidingenslaved people in their homes. They felt that slavery was unethical and thatit was more important for them to do what they thought was right thanto follow the law. It is also possible to violate ethics without breaking the law.For example cheating on homework would likely violate one’s personal ethics,but it is not illegal.

Both state governments and the federal government enforce archaeologicallaws. Laws concerning archaeology vary from state to state, since archaeologicalsites and materials are so diverse. For instance, Florida’s laws regulatingunderwater archaeology are more specific than Wyoming’s since Florida hassuch an extensive coastline. In addition, state laws can be more responsive tolocal needs: stakeholders sometimes find it easier to influence legislation atthe state level than at the federal level.

U.S. Archaeological Law

U.S. Archaeological law emerged during the late 1800s whenmanyAmericanswere beginning to take an interest in archaeology. At the time, there wereno laws that regulated the preservation of archaeological sites ormaterials onfederal lands. This changed with the passage of the ANTIQUITIES ACT of 1906.This law set up penalties for those who disturbed sites or excavated withoutthe proper permits. The law encourages archaeologists to make materialsavailable in museums and public institutions so that people can look at themand so researchers can study them. Nearly three decades later, these lawswere expanded and reinforced by the HISTORIC SITES ACT of 1935. This actcalled for a vast survey of historic and archaeological sites throughoutthe country. Once sites of significance were identified, the act authorized thepurchase and maintenance of the sites.

These issues will be explored

from an archaeological

standpoint in the Case Studies

at the end of this section.

If you are interested in

learning more about

archaeological law in your

state, you can visit the

website of your state archae-

ologist, or State Historic

Preservation Officer (SHPO):

http://www.nps.gov/nr/shpolist.htm

Find out what historic places

in your community are listed

on the National Register

of Historic Places. Visit:

http://www.nps.gov/nr/research/data_downloads/1966-2012_LI_RN.xlsx

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TheNATIONAL HISTORIC PRESERVATION ACT of 1966 further protects archaeo-logical sites by permitting them to be listed on the National Register ofHistoric Places. The act also oSers financial and technical assistance so thatsites can be preserved. These forms of assistance are considered investments,since under this act, sites are viewed as sources for economic growth. Thismeans that the sites might make their communities more appealing places tolive, or that the sites might draw tourists.

Archaeological sites gained even more federal protection with the passageof the ARCHEOLOGICAL AND HISTORIC PRESERVATION ACT of 1974. This actrequires federal agencies to investigate—and sometimes protect—archaeologi-cal sites during construction projects. When a federal agency begins a project,like constructing new oTces, expanding a highway, or building a dam, this actrequires the agency to set aside funds to pay for archaeological investigationand the preservation of any significant materials that are found.

During this time, archaeologists became increasingly concerned that the highvalue of some archaeological objects was making archaeological materialsvulnerable to theft. When archaeological objects are stolen, much of theircontextual information is lost. In addition, rather than going to museums orresearch institutions, the objects usually end up in the hands of private collectorswhere few people can access them. Remember, when archaeologists findobjects, they do not keep them; theymake them available so that thepublic can benefit from them. The ARCHAEOLOGICAL RESOURCES PROTECTIONACT of 1979 responded to the problem of theft by establishing penalties forpeople who stole archaeological material from federal lands. These penaltiesinclude fines and imprisonment. If someone destroys part of a site, he or shemay also have to pay to have it repaired. This act makes it clear that onlytrained archaeologists with the proper permits may excavate archaeologicalsites or remove archaeological material from public lands.

Soon after, the federal government increased its protection ofmaritimearchaeological material with the passage of the ABANDONED SHIPWRECK ACTof 1987. This act acknowledged that maritime sites serve many functions.They can be interesting recreational sites for divers and tourists. They can behabitats formarine life. They are also useful sources of information forscientists and archaeologists. Because of their value to science, they can beconsidered archaeological sites rather than just commercial property. Throughthis act, the federal government established ownership overmost of thenation’s shipwrecks, and has been better able to protect them in a way thatreflects their value as recreational and educational resources.

maritime archaeologicalmaterialevidence of human interactions

with oceans, lakes, rivers,

and other bodies of water

The John Brown House, Providence, RIis listed on the National Registerof Historic SitesPhoto Credit: Kenneth C. Zirkel, Brown University

Archaeologists survey a wrecked shipfrom the Battle of Saipan, TanapagLagoon, World War II.http://commons.wikimedia.org/wiki/File:Japanese_Merchant_Vessel_%22Chinsen%22.jpg

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SIDE STORY

The Wreckage of the Titanic

For decades, people tried to find the wreckage of the Titanic, a ship that

sank in 1912. It resulted in the deaths of over 1500 passengers. In 1985,

Robert Ballard, University of Rhode Island professor and oceanographer,

located the wreck over two miles below the surface of the Atlantic Ocean.

Ballard decided not to remove any of the objects found at the wreck, as he

considered doing so to be disrespectful to those who had died. However,

the Titanic lies in international waters, and there is no clear owner of

the vessel. A company called RMS Titanic Inc. began making dives to the

site and has since removed thousands of artifacts.

The UNESCO Convention on the Protection of Underwater Cultural

Heritage was adopted in 2001 and over 45 countries have agreed to abide

by it. It is an attempt to protect underwater sites in the same manner that

sites on land are protected. The Convention applies only to sites with

“traces of human existence having a cultural, historical or archaeologi-

cal character which have been under water for at least 100 years.” This

means that as of April 15, 2012, the Titanic wreckage became 100 years old

and is now eligible for protection under this act. As of 2013, France has

ratified the charter, but the United States and United Kingdom have not.

Front page of the Vancouver Sunnewspaper from April 16, 1912Photo Credit: Heritage Vancouver Societyfrom Flickr

View of the bow of the RMS Titanic photographed in June 2004 by the ROVHercules during an expedition returning to the shipwreck of the Titanic.http://commons.wikimedia.org/wiki/File:Titanic_wreck_bow.jpg

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In 1990, an act was passed that acknowledged the importance of NativeAmerican stakeholders in overseeing archaeological sites and materials. Thisact is called theNATIVE AMERICAN GRAVES PROTECTION AND REPATRIATIONACT. This act has two components. One, museums that receive federal fundsare required to maintain lists of the Native American human remains andfunerary objects that were collected from within the United States. This actenables Native Americans to request that these objects be returned to theirtribes rather than remaining at museums. The second part of the actrequires that Native American tribes be consulted if Native American funeraryremains or funerary objects are uncovered during excavations on federal ortribal lands. Sometimes archaeologists uncover these funerary objects andfunerary remains, but people working in construction, logging, agriculture,or mining might also uncover them.

International Archaeological Charters and Conventions

All of the laws discussed so far apply to the United States, but there areinternational laws too. One organization that provides guidance on internationalarchaeological law is THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND

CULTURAL ORGANIZATION (UNESCO). It has helped to build an internationalnetwork of countries that are committed to treating archaeological materialwith respect so that it can be learned from and maintained for the future.

All of these laws and conventions—both within the U.S. and internationally—have been enacted to protect archaeological material so that it will continueto be available to learn from in the future. It may appear that many of thelaws emphasize things that the public cannot do. For instance, there are strictregulations on who can excavate a site or who can buy and sell artifacts.You might think archaeologists have more privileges than everyone else.However, archaeologists are bound by these laws and by their own ethical codes.Theymake decisions that will preserve archaeological sites so that futureresearchers can benefit from them.

human remains

the physical remains of a

deceased individual

funerary objects

items that were placed along-

side the body of the deceased

at the time of death or after.

These could be part of a

ritual surrounding the death

of the individual

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Looting

Looting is a form of theft. In the case of archaeology, it describes the illegalexcavation of archaeological sites, usually with the intention to sell whateverartifacts are found. Unlike archaeologists, looters do not document theirexcavations so that others can learn from them. Another diSerence betweenarchaeologists and looters is that looters do not publish reports, so researchersdo not benefit from their work. Many looters sell artifacts to people whohave no intention of making them available to the public.

While there are laws in place to penalize looters, some argue that peopleshould refuse to purchase artifacts that lack proper documentation. If no onewere to buy the artifacts, there would be less incentive for looters to stealthem. Others who oppose looting suggest that archaeologists should becautious in appraising artifacts, as this can make artifacts easier to buy and sell.Museums can play a role in combatting looting. Somemuseums refuse toexhibit artifacts that might have been looted or that may have been tradedillegally. Somemuseums are active in returning looted artifacts to their countriesof origin. When the HaSenreSerMuseum accepts new objects, it requiresproper documentation to show that the object was not purchased or importedillegally. The Museum also publishes photographs of new acquisitions. That way,if someone recognizes a stolen object, he or she can report it to the Museum.The Museum will then work with the appropriate people to get theobject returned.

Most archaeologists recognize that looting is a complex problem and thatin spite of all the eSorts to outlaw looting, it persists. Looting sometimesoccurs in places where people have few opportunities for employment. In thiscase, people loot out of economic necessity. Looting can also take place incountries where wars or natural disasters have made governments less stable,and are therefore less able to deal with looting. Regardless of the cause,most archaeologists believe that in addition to laws, a well-educated publicis an important defense against looting.

Holes dug by looters at the archaeologicalsite of Isin in Iraqhttp://commons.wikimedia.org/wiki/File:Iraqi_Looters_in_the_Archaeological_site_of_Isin_2.jpg

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Members of the terrorist group known as ISIS take a sledgehammerto sculptures in the Mosul Museum

SIDE STORY

The Looting and Destruction of Archaeology

in Wartime

Looting and destruction of ancient archaeological sites occurs during wartime

as well. In some cases, looters are simply taking advantage of chaos and use

the opportunity to take and sell artifacts on the black market as a means to make

money. In other cases, ancient sites may be mistakenly destroyed as another

casualty of the war. Still, in other cases, archaeological sites are systematically

destroyed in an attempt to erase history and re-write the past. Most recently,

the terrorist group we label ISIS (Islamic State of Iraq and al-Sham) has purpose-

fully destroyed a number of UNESCO World Heritage sites such as Nimrud, Khorsabad,

Hatra among others in the countries of Iraq and Syria. In addition, they set fire

to the Mosul Library, destroying 18th-Century books and manuscripts, and used

sledgehammers to obliterate sculptures and artifacts in the Mosul Museum

in Iraq. As you have been reading, archaeology is a science, and archaeological

artifacts and sites provide evidence of past cultures. ISIS’ acts are two-fold.

First, ISIS hopes to purposefully destroy archaeological evidence in an attempt

to erase ethnic and religious heritage it does not agree with. It hopes that within

generations, much of the history of the region will be forgotten and they can

maintain control over the people living there by creating a new history. Second,

artifacts not destroyed are being sold on the black market, even on eBay,

Facebook, and other social media sites. Money made from stolen artifacts help fund

their efforts by allowing them to purchase firearms and other wartime items.

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Stakeholders

Archaeologists frequently work with non-archaeologists who have an interestin a particular site. These can include descendent communities, landowners,local residents, and researchers. Archaeologists work with each of thesegroups in diSerent ways:

• Descendent communitymembers:Descendent communities have acultural or genetic link to the people who once lived at the site that is beingexcavated. Archaeologists may have a legal obligation to work withdescendent communities, particularly Native American tribes. Theymay alsohave an ethical obligation to consult with these stakeholders, even if thereis not a legal requirement to do so.

• Landowners: Archaeologists may need permission from landowners to workon their land. Landowners are sometimes excited to discover archaeologicalmaterial on their property. Other times, though, this can pose a problem.Having archaeological material on one’s propertymight mean that the landcannot be used for the purpose the land was purchased for. It might also beinconvenient for the landowner to have people digging on his or her property.

Federal agencies, like the

National Parks Service (NPS),

sometimes ask mapmakers to

leave important archaeologi-

cal or historic sites off their

maps. Many of these sites are

unsupervised, and the NPS

found that listing them on

maps makes them vulnerable

to looters or vandals. Archae-

ologists often want to inform

the public about local

history, but they must also

protect the site.

SIDE STORY

Repatriation

Repatriation can be a very complicated process. Shortly after the passage

of NAGPRA*, Chicago’s Field Museum of Natural History received a request

from members of the Northern Arapaho tribe. These members wanted the

museum to return a sacred object called a Sundance Medicine Wheel that

a curator had purchased from them in 1903. Before the Wheel was purchased

by the museum, it had been used in tribal ceremonies. Some Arapaho did not

want the object to leave the museum. Members of the Southern Arapaho said

that after the Wheel had been sold, the tribe had created a new one. The

new Wheel had been used for 90 years, and as a result, it had a great deal

of importance. In the end, the museumhad a legal obligation to return the

object. The members of the Northern Arapaho and Southern Arapaho found

a way to respect each other’s differing opinions by accepting the Wheel,

but deciding not to use it in ceremonies.

* see page 12 for more information on NAGPRA

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• Local residents: Local residents may have an interest in archaeological sitesin their communities. Archaeologists often encourage interest from thepublic, but they also have an obligation to protect sites from vandalism andlooting. Theymay choose to share information about the kinds of thingsthey find, but keep the location of the site a secret.

• Researchers: Sometimes, rather than digging a new site, archaeologistschoose to review field notes and artifacts from previous digs. This meansthat someone who played no part in excavating a site might try to learn fromit years or even decades later. Archaeologists need to keep these researchersin mind as they dig and record data. They need to be careful with thearchaeological objects that they handle and they need to take clear, detailednotes so that future researchers can benefit from their work.

As you might imagine, archaeologists can have diTculties balancing the needsof all the stakeholders. For instance, an archaeologist may want to excavatea site found on someone’s private property, but a landowner may not wantto deal with the noise and inconvenience of having an archaeological dig inhis yard.

Sometimes archaeological evidence diSers from written or oral histories.One example of this is when descendent communities have stories about thepast that are diSerent from the history suggested by archaeological evidence.In these cases, archaeologists need to be respectful of the diSering viewpoints.As always, they need to be sure that they are conducting their fieldworkcarefully. Theymay wait until they have a good deal of evidence before theypresent the competing history. In some cases, stories told by descendentcommunities may provide insight into the way people used to live. It is alsoimportant for archaeologists to remember that regardless of their role insupporting or refuting archaeological claims, these stories are importantsources unto themselves.

Brown University Emeritus Professorand Director of the HaSenreSer'sCircumpolar Laboratory, DouglasAnderson, with students from Brown,meets with Inupiat communitymembersfrom Kiana, Alaska, describing hisexcavations at a site of their ancestors,under excavation in July 2013.

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Lesson Activities

ANote To Teachers: In the following sections, you will find:

Approaching Ethics is a short description that will help students navigate the ethicaldilemmas in the case studies

Huaqueros is a case study that describes the complicated nature of looting. This casestudy is followed by a reflection activity.

Exhibiting Salvaged Artifacts is a case study that weighs the costs of displayingcommercially salvaged objects in museums. This case study is followed by a discussionactivity, a reflection activity, and a stakeholders activity.

Battlefields of World War I is a case study that explores issues of managing abattlefield site. This case study is followed by a site management activity.

The case studies and activities can be printed and handed out to students. Some casestudies have more than one activity. Based on the interests of your students youcan choose to do one or all of the activities. They do not build oS of each other.Students need to read the corresponding case study in order to complete the activity.Students may also read the “Approaching Ethics” handout before each case studyto help guide them.

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A Guide to Approaching Ethics

It is not always easy to make ethical decisions. Sometimes the best decision is not clearright away. It may require a lot of thinking. Other times the right decision is obvious,but choosing it might make things diTcult for others or for us.

Below are a few suggestions for approaching ethics. These are meant to be startingpoints. You and your classmates may want to add to this list.

• Be creative.

• Draw on all kinds of experiences you have had.

• You may want to talk through the issue with people you respect.

• Get more information if necessary.

• Think about the issue from diSerent perspectives.

• Use facts to support your ideas.

• Remember that the right answer is not always clear, but it is worthwhile to tryto come up with an ethical solution.

• Can you think of any others?

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CASE STUDY

Huaqueros

In 1968, Dwight Heath and Anna Cooper.Heathwere living in Costa Rica and doing research.While they were there, they discovered a vastnetwork of tomb-robbers (huaqueros). Somehuaqueros worked legally, with government-issuedpermits, and others worked without permits. Theytook objects from graves and sold them to privatecollectors andmuseums in Costa Rica and abroad.The Heaths became interested in learning more about the life and work of huaqueros.Tomb-raiding was a big industry—it employed about 1% of Costa Rica’s workforce—sothe Heaths knew that there must have been a strong incentive for people to take partin that work. As they suspected, people worked as huaqueros because it provided agood source of income. They found, for instance, that carpenters made twice as muchworking as huaqueros than theymade doing carpentry work. Still, the antiquitiesmarket did not reward everyone equally. Sellers on the international market mademuchmore than the huaqueros, and the huaqueros mademuchmore than the farmerswhose lands they worked on.

The Heaths also found that the tastes of collectors influenced the digging that thehuaqueros undertook. Huaqueros had a good eye for objects that would sell well.They knew, for instance, that Andean orMayan-influenced pieces from sites datingfrom AD 500-1500 would sell better than other objects. As a result, sites fromthese time periods were raided more extensively.

Over time, the Costa Rican government began to limit the ability of huaquerosto work. They began by refusing to issue digging permits to huaqueros. This did notcompletely stop the practice, though, since many continued to work without permits.In 1970, UNESCO passed a convention that made it more diTcult to buy and sellartifacts internationally, particularly without the proper documentation. This helpedreduce the amount of huaquerismo that took place, but it did not stop it completely.

Huaqueros examining broken potteryPhoto Credit: Dwight Heath, 1968 from the HaSenreSerMuseumof Anthropology Collections

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The Heaths’ research helped to show why people loot sites. It also showed how diTcultit is to determine how artifacts should be used. Do they belong in museums? If so,do they belong in Costa Rican museums, or can they be owned bymuseums abroad?Under what conditions should private collectors be able to purchase artifacts? Ifdigging for artifacts can provide people with a better income, should they be allowedto dig? Who decides?

At first, many of the huaqueros were working with government-issued permits toexcavate, meaning that they were not breaking any laws. Nevertheless, they excavatedwith the goal of removing objects and selling them, and paid no attention to how theartifacts might have been learned from.

Today, the Heaths’ collection provides a valuable visual tool that accompanies theirethnographic research. All of their objects were imported legally, and they donatedmany to the HaSenreSerMuseum where they can be useful to researchers.

A huaquero looking at the pots he excavatedPhoto Credit: Dwight Heath, 1968 from the HaSenreSerMuseumof Anthropology Collections

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REFLECTION ACTIVITY

Huaqueros

(Adapted from Colwell-Chanthaphonh et al. 2008: 61)

This activity is meant to help you understand the ethical dimensions of this caseand to convey your ideas in oral and written forms.

Directions:

1. Read the entire case study.

2. Describe, in writing, what the ethical dilemma is.

3. Write a list of the possible choices the actors could make.

4. Write one paragraph describing what you think the most ethical choice is andwhy it is the most ethical choice.

5. When you are finished writing your responses, your teacher will put youinto groups of two to three to discuss your ideas.

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CASE STUDY

Exhibiting Salvaged Artifacts

The Smithsonian Institution is an organization of museums based in Washington, D.C.In 2011, the directors faced an ethical dilemma. They had to decide whether to hostan exhibit of Chinese artifacts that were taken (or “salvaged”) from a shipwreck oSthe coast of Indonesia.

The shipwreck was an important find. Not only were the objects beautiful and wellpersevered, but studying the ship would have provided archaeologists and historianswith a completely new understanding of the past. The ship sank around the year 800.It appeared to have been an Arab ship, and it was filled with Chinese pottery, as well asgold and silver objects made by Chinese artisans. This is especially interesting becausepreviously, people believed that the trade between China and the Middle East tookplace by land, and this shipwreck shows us that trade took place by sea as well. The sitewas quickly salvaged by Indonesian commercial excavators who sold the objects to thegovernment of Singapore. Because the site was quickly salvaged by commercialexcavators rather than carefully excavated by archaeologists, a great deal of contextualinformation was lost.

When they heard that the salvaged artifacts would be coming to the Smithsonian,archaeologists, scholars, and museum professionals wrote letters to the directorsof the Smithsonian saying that the institution should not host the exhibit. Thosewho opposed the exhibit feared that doing so would encourage future commercialsalvaging of sites. After months of debating, the Smithsonian decided to cancelthe exhibition.

The events that unfolded in this case study could have taken place in anumber of diSerent ways. The questions below ask you to think about some ofthese possibilities.

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DISCUSSION ACTIVITY

Exhibiting Salvaged Artifacts

DirectionsDiscuss these questions in groups of three to four. Take turns writing down youranswers. When you’re finished, your teacher will call on students to present their ideasto the class.

1. Archaeologist James Delgado said that he would have preferred not to cancelthe exhibit. Instead, he would have used the exhibit as a way to explain howarchaeological investigations of shipwrecks can provide more information thancommercial excavations provide. If it were up to you, would you display thesalvaged artifacts at the museum?Would you take Delgado’s advice?

2. If the museum decided not to display the artifacts, what else could be donewith them?

3. Archaeologist Michael Flecker argued that quickly salvaging the contents of theshipwreck was the only way to keep the collection intact and safe from looterswho might sell the pieces individually. He said that a long-term archaeologicalinvestigation of the ship would not have been practical because the Indonesiangovernment did not have the resources to protect the site from looters. Therefore,Flecker argued that having a company come and salvage artifacts from the shipwas the best choice given the circumstances. Do you agree with Flecker? Why orwhy not?

4. What kinds of information is lost without long-term archaeological investigation?

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REFLECTION ACTIVITY

Exhibiting Salvaged Artifacts

(Adapted from Colwell-Chanthaphonh et al. 2008: 61)

This activity is meant to help you understand the ethical dimensions of this caseand to convey your ideas in oral and written forms.

Directions

1. Read the entire case study.

2. Describe, in writing, what the ethical dilemma is.

3. Write a list of the possible choices the actors could make.

4. Write one paragraph describing what you think the most ethical choice is andwhy it is the most ethical choice.

5. When you are finished writing your responses, your teacher will put youinto groups of two to three to discuss your ideas.

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STAKEHOLDERS ACTIVITY

Exhibiting Salvaged Artifacts

(Adapted from Colwell-Chanthaphonh et al. 2008: 62)

In this activity, discuss the ethical dilemmas from this case from the point of viewof a particular stakeholder. Work collaboratively to come up with the solution you thinkis most ethical.

For this activity, your teacher will assign you to take on the roles of thefollowing stakeholders:

• MuseumDirector: this stakeholder wants his or hermuseum to have an interesting,exciting exhibit that people would want to come to.

• Commercial excavator: this stakeholder was called in after the ship was found.He or she was told to get as many objects out of the ship as quickly as possible andwants to be able to sell as many of the objects as possible.

• Professional archaeologist: this stakeholder would have liked to excavate theshipwreck carefully so that people could learn from it. This stakeholder was notcalled in to excavate—the commercial excavator was. In the future, this stakeholderhopes that people who find archaeological sites will employ archaeologists insteadof commercial excavators.

1. Students will be assigned to groups of three.

2. Within the team, your teacher will assign each student a role: museum director,commercial excavator, and professional archaeologist.

3. Read the case Exhibiting Salvaged Artifacts.

4. Within the small groups, explain what the dilemma is from the point-of-viewof your stakeholder.

5. When all groups have finished, have each group share its findings with the class.

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CASE STUDY

The Battlefields of World War I

Between 1914 and 1917 three World War I battles were fought in the townof Ypres [pronounced EEE-pris], Belgium. There were over 850,000 Alliedand German casualties over the course of these battles, and the soldiers whofought there came from such diverse places as India, China, North Africa,Europe, Australia, and North America. The battlefields located in the townhave become places where people go to remember the tragic events ofWorld War I. There are soldiers buried in graveyards and in tombs, and theremains of thousands of soldiers listed as missing in action lie in unmarkedgraves beneath the surface of the town. There is conflict over whether thebattle sites and graves should be disturbed.

• One element of the conflict is that Ypres is a growing city. While it is knownfor theWorldWar I battlefields, it is also the home of a growing tech industry.Some people who live there would like to improve the town’s infrastructureby building new roads. This would require construction workers to buildon former battlefields and possibly encounter buried human remains. If theremains of soldiers were found, theywould need to be reburied. This wouldbe a complicated process since the soldiers who died at the site representmany diSerent cultural and religious traditions, andmembers of these groupstypically have diSerent preferences for how theywish to be buried. Somepeople also see building roads as disturbing the battlefields, which have beenleft relatively undisturbed for decades.

• For years, professional archaeologists ignored the sites at Ypres. It was notuntil 2003 that a team of professional archaeologists from Belgium andBritain began excavating. Amateur investigations, on the other hand, havebeen taking place for decades. Through these excavations, local peoplehave been digging up artifacts at that site and sometimes selling them. TheBelgian government has issued these groups permits to dig, but the excavatorsdo not have the same level of skill and commitment to accuracy that mostarchaeologists have. Many of the amateurs use metal detectors and “hunt”for objects rather than excavating in an orderly fashion. They collect objectslike coins, bullets, helmets, and othermilitary gear. The materials collectedby these groups is typically kept in private collections.

This photo from 2005 showsWorld War I shells that were unearthedin Ypres, Belgium.Photo Credit: ColinsCamera from Flickr

amateur investigationsthe excavation ofarchaeological sites by peoplewho are not trained inarchaeological excavationor research techniques

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RESEARCH PROJECT

The Battlefields of World War I:Reburial Practices

When soldiers died at Ypres, most were buried, but the process took place very quickly.Sadly, people were dying too quickly for there to be time for a typical burial. As aresult, the remains of several soldiers might be buried in a single grave. In cases likethese, some people feel that a better way of honoring these soldiers would be toexcavate their remains and rebury them in separate graves according to the culturalpreferences of the deceased. Those who take part in excavating the bodies andreburying them have to become knowledgeable about many diSerent cultural andreligious traditions. For this topic, research a burial custom that you are not familiarwith. You might research Lakota practices, Islamic practices, Jewish practices, orancient Egyptian practices, or any other practice you are interested in.

Once you have conducted the research, write one to two paragraphs describinga burial in the cultural context of your choice. Some things to include are:

1. What are the steps that should be taken?

2. Is there significance behind the steps? If so, what do theymean?

For an account of a recent reburial at Ypres, visit:http://www.stuff.co.nz/world/europe/8350372/Kiwi-unknown-soldier-reburied-in-Belgium*

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OPINION ESSAY

The Battlefields of World War I:Amateur Investigations

Formany years, there was little professional archaeological interest in battlefieldarchaeology. At Ypres, local people formed groups to conduct amateur investigations,and some people have been part of these groups for decades. They hope to findmaterial that they can either sell or keep for themselves. They alert museum authoritieswhen human remains are uncovered. For amateur investigators, digging is somethingthey enjoy doing as a community. Over the past decade, professional archaeologistshave begun to take an interest in Ypres. They feel that they alone should dig at the site,since they can dig in a way that accurately describes information about the site. Theinformation they find is important for researchers.

Write a one-page essay that answers the following questions:

Who do you think should be permitted to dig at the site? Should the rights go toprofessional archaeologists, many of whom come from outside of Ypres? Or shouldthey belong to the amateur diggers, who may be descendants of the soldiers,and who have had an interest in the site for many years? Use examples to supportyour opinion.

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References

Brodie, Neil J., and Colin Renfrew2005 Looting and the World’s Archaeological Heritage: The Inadequate Response.Annual Review of Anthropology 34:343-361.

Callahan, Daniel, and Sisslea Bok1980 Ethics Teaching in Higher Education. The Hastings Center Series in Ethics.Springer: New York.

Colwell-Chanthaphonh, Chip, Julia J. Hollowell, and Dru McGill2008 Ethics in Action: Case Studies in Archaeological Dilemmas. Washington, D.C.:Society for American Archaeology.

Cullinane, Susannah, Hamdi Alkhshali, andMohammed Tawfeeq2015 Tracking a Trail of Historical Obliteration: ISIS Trumpets Destruction of Nimrud.CNN, April 13, 2015. Electronic Document availablehttp://www.cnn.com/2015/03/09/world/iraq-isis-heritage/, Accessed July 9, 2015

de Bono, Edward1990 Six Thinking Hats. London: Penguin Books.1993Water Logic. New York: Penguin Books

Haas, Jonathan2001 Who owns the past. In The future of the past: archaeologists, NativeAmericans, and repatriation. Bray, Tamara (eds). 121-124. New York: Garland.

Gerstenblith, Patty1995 Identity and Cultural Property: The Protection of Cultural Property in theUnited States. Boston University Law Review 75:559-688.

National Parks Service2013 Archaeology Law and Ethics. Electronic document, availablehttp://www.nps.gov/Archeology/PUBLIC/publicLaw.htm, accessedOctober 22, 2013.

Neubert, Michele and Alexander Smith2015 UNESCO’s Irina Bokova Laments ISIS’ ‘Cultural Cleansing’ of Antiquities.NBCNews, July 7, 2015. Electronic Document, availablehttp://www.nbcnews.com/storyline/isis-terror/unesco-boss-irina-bokova-laments-isis-cultural-cleansing-antiquities-n386291, Accessed July 9, 2015.

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Poole, Robert M.2008 Looting Iraq. Smithsonian Magazine, February 2008. Electronic Documentavailable http://www.smithsonianmag.com/making-a-diSerence/looting-iraq-16813540/. Accessed July 13, 2015

Raab, L. Mark, Timothy C. Klinger, Michael B. SchiSer, and Albert C. Goodyear1980 Clients, Contracts, and Profits: Conflicts in Public Archaeology. AmericanAnthropologist 82(3):539-551.

Saunders, Nicholas J.“Excavating Memories: Archaeology and the Great War, 1914-2001.” Antiquity76.291 (2002): 101-8. ProQuest. Web. 5 Nov. 2013.

Zimmerman, Larry J., Karen D. Vitelli, and Julia J. Hollowell2003 Ethical Issues in Archaeology. Walnut Creek, CA: Altamira Pressin cooperation with the Society for American Archaeology.

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Internet Resources for Students

Contact Your Senator

This resource packet has described how ethics, and even laws, change over time.If there is something that you want to change, write to your senator:http://www.senate.gov/general/contact_information/senators_cfm.cfm

Learn More about Burial Laws

This resource packet has described how complex laws can be and how they varyfrom state-to-state and country-to-country. To learn more about burial laws in the US,visit the website of American University’s State Burial Laws Project:http://www.wcl.american.edu/burial/

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Acknowledgements

These materials were written byGrace Clearywho served as an Education Internat theMuseum during the 2013-2014 academic year. Grace earned herMaster’s degreethrough the Department of Anthropology, University of Massachusetts Amherstin 2013.

This project was written as part of an internship and independent study. Theinternship was supervised byGeralyn Ducady, Curator of Programs and Educationat the HaSenreSer Museum of Anthropology. The independent study wascompleted byGrace Cleary at the University of Massachusetts Amherst Departmentof Anthropology under the supervision of Professor Sonya Atalay.

Geralyn Ducadywas also the project director and editor.

Curriculum standards were researched and updated byKeller Anne Bumgardnerwho served as an Education Intern at the Museum during the 2014-2015 academicyear. Ms. Bumgardner received herMaster’s Degree in Urban Education Policyfrom Brown University in 2015.

Graphic Design and layout by Alyssa Zelman.

Evaluation

Wewelcome questions and comments. Teacher feedback on the use of these materialsin the classroom is appreciated. Please email us at haffenreffer_programs@brown.edu.

Creative Commons Attribution

This publication may be copied or reproduced without prior permission when used for educationalpurposes. Please attribute the work to the HaSenreSerMuseum of Anthropology.

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