Laboratory of Archaeology
Policy and Procedures of the Laboratory of Archaeology
of the University of British Columbia
The Policy and Procedures are under review by the UBC Laboratory
of Archaeology (LOA). We would be happy to consider any comments or suggestions
about this document. Please contact us.
Members of the Committee currently administering
the LOA
Draft, July 2004
1. Introduction
<dir>The Laboratory of Archaeology (LOA) is committed to the scholarly study of the
material evidence of past cultures. The study of these materials is an essential
part of the Laboratory's responsibility to further knowledge of the past.
The Laboratory recognizes the rights of descendants and originating peoples
and is committed to dealing sensitively and responsibly with the First Nations
groups on the care and disposition of these materials.
This document describes the Laboratory of Archaeology policies and procedures
for the handling of cultural materials and human remains in its care at all
stages of collection, curation, research, reporting of results, access, and repatriation.
The following statement has two aims:
(1) to facilitate cooperative relationships between the Laboratory of
Archaeology and interested parties including First Peoples by describing the
nature and operating procedures of the Laboratory of Archaeology, and
(2) to describe the procedure for responding to requests for information on,
access to and "transfer" of materials under the care of the Laboratory of Archaeology.
<dir> <dir> </dir></dir></dir>2. Definitions <dir> <dir> <dir> 2.1
Laboratory (LOA): the Laboratory of Archaeology, University
of British Columbia.
2.2 Act: The Heritage Conservation Act (RS Chap.
165, consolidated December 5, 1994) of the Province of British Columbia.
2.3 Archaeology Branch: The Archaeology Branch of
the Ministry of Small Business, Tourism and Culture, Government of British Columbia.
2.4 Permit: A permit for archaeological investigation/inspection
issued by the Archaeology Branch under the Heritage Conservation Act.
2.5 Museum (MOA): The Museum of Anthropology,
University of British Columbia.
2.6 Archaeological Materials: This includes all artifacts,
non-artifactual materials, soil and other samples, human remains, and
supporting documentation recovered in the course of archaeological investigations.
</dir></dir></dir>3. Laboratory of Archaeology <dir> <dir> <dir>3.1
Administration
The Laboratory of Archaeology (LOA) is administratively a part of the Department
of Anthropology and Sociology, Faculty of Arts, at the University of British
Columbia. The general operation of the Laboratory is overseen by a committee
of permanent archaeology faculty who are full time members of the Department
of Anthropology and Sociology, and the Archaeology Curatorial / Research Assistant.
The Director of the Laboratory and the Curator of Archaeology for the Museum of
Anthropology are appointed on a regular rotating basis by the archaeology faculty.
The Director is responsible for overseeing the general operation of the Laboratory.
The Curator of Archaeology is directly responsible for matters dealing with
collections in the Laboratory. Both the Director and the Curator report to the
Head of the Department of Anthropology and Sociology. The Curator also reports
to the Director of the Museum of Anthropology.
3.2 Personnel
Members of the committee administering the LOA include the Director
of the LOA, Curator of Archaeology (MOA), Curator of Public Archaeology (MOA),
faculty archaeologists (LOA and Classical, Near Eastern & Religious Studies), and the Archaeology Curatorial / Research Assistant.
<dir> <dir></dir></dir></dir></dir></dir>
<dir> <dir>
3.3 Location of LOA Facilities
<dir> Facilties of the Laboratory of Archaeology are located in
the Anthropology and Sociology building (ANSO, 6303 N.W. Marine Drive, Vancouver V6T 1Z1) and in the Museum of Anthropology
(MOA, 6393 N. W. Marine Drive, Vancouver, V6T 1Z2). LOA is a unit of the Department of Anthropology & Sociology: LOA's archaeological collections are not part of the Museum
(MOA) collections. Materials curated by the LOA, and the conditions under which
they were acquired and are held, distinguish LOA collections from MOA collections.
The Laboratory of Archaeology does not own the materials it curates, rather it
acts as a repository for collections held in trust for the Province and First
Nations groups.
Archaeological materials curated in the Laboratory are located in LOA's facilities at both ANSO and MOA. Artifacts are stored in the Archaeology Teaching and Research
Laboratories located in the MOA building; the supporting documentation collection is located in the
Archaeology Documentation & Reading Room in the MOA building. Human skeletal
remains are curated in a separate storage area of the Archaeology Research Laboratory, also in the MOA building.
Non-artifactual materials (e.g., soil samples) are stored in the basement of
the Anthropology and Sociology building (ANSO). Faculty and staff offices and the photographic documentation collection are in the Anthropology and Sociology (ANSO) building.
</dir></dir></dir>4. Description of Archaeological
Materials Curated by the Laboratory of Archaeology.
The Laboratory of Archaeology collections are largely the result of
research investigations carried out by present and past archaeological faculty
and graduate students. Almost all of the materials added since 1962 were obtained
under provincial archaeological permits. Some collections resulted from Professor
Charles Borden's research carried out prior to existence of the permit system
(i.e., 1961). The Laboratory of Archaeology is not a general repository for
archaeological material (unlike the Royal British Columbia Museum in Victoria)
and its collection storage facilities have been essentially full for a number
of years. However, the Laboratory may agree to curate new collections not obtained
by the research of current faculty and graduate students under the following
conditions:
<dir> <dir>(1) new materials are from sites which are best represented in collections
currently under the care of the Laboratory, and are not more fully represented
in the collections in other institutions, and <dir> </dir>(2) there is room
to store these new materials, and <dir> </dir>(3) this is the wish, officially
expressed in the form of a Band Council Resolution or its equivalent, of interested
First Nations groups. <dir> </dir></dir>The Laboratory will not accept new
collections of human skeletal remains unless all of the above conditions have
been met and Band Council Resolutions are received from all interested
First Nations groups requesting that the Laboratory act as the temporary repository
for the collection.
Day-to-day management of the collections is carried out by the Curatorial
Assistant who curates the archaeological site records, specimen catalogues,
field notes, and photographic records.
</dir>5. Liaison with First Nations <dir> As temporary custodians
of First Nations cultural material and human remains, the Laboratory acknowledges
and recognizes its responsibility to develop close working relationships with
groups and organizations which have a claim to or interest in the cultural material
and human remains in its care. In cases where the Laboratory of Archaeology is
aware that a First Nations group has an interest in a particular collection, and
where that interest has been communicated to the Laboratory in writing, the Laboratory
will inform the group of any significant addition or change to the collection
(see section 4.3 above).</dir>6. In-Trust Relationships <dir> The
Laboratory recognizes that it is the temporary custodian of archaeological materials
for the legally recognized First Nations authorities in the territory from which
the materials originated. The materials are held in trust by the Laboratory until
such time as any relevant land claims in the Province have been resolved or until
the transfer of materials to a First Nations group.</dir>7. Extra-University
Legislation and Policy <dir> All cultural materials and human remains
obtained by faculty, students and researchers associated with the Laboratory will
be treated in conformity with all relevant federal and provincial legislation
governing such items. The Laboratory adheres to the U.B.C. Research Ethics Policy.</dir>8.
Management
The Laboratory of Archaeology Committee regularly reviews operating procedures
and policies for collection management.
<dir> <dir> <dir>8.1 Materials collected under permit
The Laboratory curates materials collected under permit by U.B.C. faculty
and students in the course of their academic research. In exceptional cases,
the Laboratory may also accept materials from non-U.B.C. archaeological resource
assessment and mitigation projects in cases where the materials originate from
sites already represented in the collections (see Section 4, above). Such exceptions
are usually only made in order to preserve the integrity of the site assemblage
as whole.
8.2 Materials not collected under permit
All archaeological materials that were collected prior to the enactment
of the British Columbia Heritage Conservation Act, or that were received as
donations, are treated as permit collections and are subject to the same provisions
of this policy, although the exact legal status of these materials is not clear.
</dir></dir></dir>9. Valuation of Archaeological Material <dir> <dir>The
Laboratory follows general professional archaeological practice of discouraging
any financial assessment of archaeological artifacts in order to
combat the illicit sale of artifacts and site vandalism.</dir></dir>10. Access
to Collections <dir> <dir>Materials curated in MOA facilities are subject
to standard museum security measures. Unrestricted access to the collections of
archaeological materials and their documentation is limited to archaeology faculty
and staff. Supervised access to the collections and documentation is permitted
to visiting researchers (see section 11.1 below), and interested First Nations
groups upon written application to the Curator of Archaeology. Materials in the
collections may be made available for study to university students registered
in senior undergraduate or graduate courses, whose use of the collections will
be closely monitored by a qualified instructor. In cases where detailed analysis
of particular collections is proposed, the LOA will ensure that the relevant First
Nations group(s) are notified in writing and any restrictions on the research
will be complied with. Members of the general public and casual visitors are not
allowed access to the collections or documentation.</dir> <dir> Access
to the collections is monitored by the Archaeology Curatorial Assistant who carries
out the decisions of the Laboratory of Archaeology Committee. For access to existing
collections of human skeletal remains, or the study and interpretation of any
such remains and associated material, the Laboratory is guided by the repatriation
recommendations in the Task Force Report on Museums and First Peoples
(1992; Sect. VI, 3, pp.8-9). These recommendations are listed in Appendix 1.</dir></dir>11.
Analysis
It is Laboratory policy that, unless otherwise prohibited by
prior agreement, all materials in its collections are potentially available
for scientific study. The Laboratory will use cultural materials and human skeletal
remains only for the furtherance of legitimate research and education. The Laboratory
will endeavor at all times to ensure that the materials under study are accorded
dignity and respect. Analysis reports of all investigations of materials in
the collection will be made available to interested First Nations group(s) upon
written request.
<dir> <dir> 11.1 Visiting Researchers <dir> Visiting researchers
wishing to study/analyze materials under the care of the Laboratory of Anthropology
must first notify in writing the respective First Nations groups (Band, Tribal,
or National Councils) of their intention to conduct their proposed research. Any
procedures or restrictions placed on this research by notified First Nations groups
must be adhered to. The LOA requires copies of these communications before the
research can proceed. These procedures are required for any investigation involving
detailed analysis of artifacts.
In order to best assist visiting researchers, it is desirable that they
determine as precisely as possible the materials to be viewed/examined. The
Laboratory requests a minimum of one week's prior notification of a planned
visit to ensure that a knowledgeable individual will be available to assist
the visitor. Please notify the Archaeology Curatorial Assistant (see Section
3.2 above) in order to arrange a visit.
</dir>11.2 Reporting of Analyses <dir> The Laboratory requests that
a copy of any written report or publication resulting from the study or analysis
of materials in the Laboratory of Archaeology be deposited on file with the Curatorial
Assistant.</dir></dir></dir>12. Storage Guidelines <dir> All materials
regardless of antiquity or geographic origin are treated with respect and carefully
stored in appropriate facilities. The Laboratory protects these materials from
physical deterioration and theft, within the limits of the budget allocated, and
with security services provided by the University.</dir>
13. Exhibition
<dir> Human remains, and materials found in association with those remains,
will not be knowingly exhibited in any public venue of the Laboratory, the Department
of Anthropology and Sociology, or in any exhibition sponsored by the Laboratory
without permission from all relevant First Nations groups.</dir>
14. Requests for Information, Access, and Repatriation
<dir> <dir> 14.1 Requests for information concerning collections <dir>
<dir> Requests for information about materials held in the collection should
be addressed to the Director, Laboratory of Archaeology, Department of Anthropology
and Sociology, University of British Columbia, 6303 N.W. Marine Drive, Vancouver,
B.C., Canada, V6T 1Z1 (see section 3.2 above). The LOA will provide inventories
of any catalogued materials from sites in our collection within the requested
territory. Since archaeological sites are classified and stored by geographic
location, the LOA requests that a complete list of sites be supplied in the area
of concern. Such a list may be obtained from the B.C. Archaeology Branch in Victoria
(John McMurdo, Inventory & Mapping). Alternately, the area under consideration
may be presented on a topographical map noting geographic features, and latitudes
and longitudes.</dir></dir>14.2 Requests for the transfer of archaeological
materials <dir> <dir> The Laboratory will respond to all requests from
First Nations groups for repatriation of materials in its collections. Each request
will be reviewed by the Laboratory of Archaeology Committee and be considered
on its own merits.
The Laboratory of Archaeology is a repository for archaeological materials
collected under permit and as such is legally responsible for them. Therefore,
before initiating the formal process of repatriation, the Laboratory requires
an official resolution from the group (e.g., Band Council) requesting the transfer
of specific collections. Requests for transfer of material usually follow after
information about collections has been obtained (see 14.1 above)
An archaeological collection is more than just the artifacts recovered.
Maintaining the integrity of a collection is important and is dependent upon
keeping all materials (i.e., documentation, photographs and matrix samples,
as well as the artifacts) together. All transfer requests should include a plan
that describes how the integrity of the collection will be maintained.
The Laboratory will then advise the Archaeology Branch about the release
archaeological materials collected under permit to the requesting group. In
cases where the Branch objects to the transfer, the Laboratory will ask the
Branch to enter directly into negotiations with the First Nation group making
the request.
The Laboratory will prepare a Legal Transfer Agreement, which must be
approved and signed by the appropriate representatives of both the Laboratory
and the institution or group requesting repatriation. The Laboratory
will also ask the requesting group to post a public notice (e.g., in a local
newspaper) notifying neighboring groups who may have an interest in the transfer
that the repatriation request has been made. In the case of materials that are
claimed by two or more groups, the Laboratory will require release from all
such groups before the materials can be returned to a particular group.
</dir></dir></dir></dir>15. Steps toward transfter of archaeological collections
<dir>The following procedures outline the transfer process. The requesting group
should: <dir> <dir> </dir>1. Submit an official band/council resolution requesting
return of the specific collections or human remains.
2. Place an advertisement in local newspapers, and contact neighboring groups
stating that a repatriation request has been made. Copies of advertisements
and letters from official bodies of these groups agreeing with the transfer
should be forwarded to the LOA.
3. Meet with LOA to initiate discussions and review the various curating options
available for the collection (see Appendix 1).
4. Next, LOA will notify the Archaeology Branch of the the intended transfer
of the material.
5. Authorized representatives of LOA and the First Nations group will sign
a "Legal Transfer Agreement" to effect the physical transfer of materials.
6. LOA will send copies of the transfer documents to the Archaeology Branch.
7. In the case of the transfer of human remains, the recipient group will be
asked to notify James Pike at the Archaeology Branch (Project Officer for Liaison,
Aboriginal Liaison and Treaties).
Appendix 1
Repatriation recommendations in Turning the Page: Forging New Partnerships
between Museums and First Peoples. A Task Force Report jointly sponsored
by the Assembly of First Nations and the Canadian Museums Association. Ottawa,
1992.
Section VI, 3. Repatriation
This report considers the disposition of Aboriginal cultural patrimony including
human remains, burial objects, sacred and ceremonial objects and other cultural
objects that have ongoing historical tradition or cultural import to an Aboriginal
community or culture. The Canadian Museums Association and the Assembly of First
Nations should endorse and encourage the adoption of the following guidelines
relating to the repatriation of Aboriginal cultural patrimony:
a. Human Remains
<dir>i) Remains of individuals whom evidence indicates are remembered by name
must be offered for disposition at the request of the families, their descendants
or clan, upon notification of the appropriate First Nations, community, tribes,
clan or family members.
ii) Human remains which evidence indicates may be affiliated with a named
First People must be reported to that Nation, community, clan, tribe or family.
iii) Upon agreement and in cooperation with the museum the appropriate First
Nations group may work with scientific interests for a mutually agreed upon
period, and may have the remains re-interred according to the appropriate traditional
or other religious practices of the First Nations or Aboriginal community.
iv) The treatment and disposition of remains and associated burial objects
that are ancient or that cannot be affiliated with a named First People shall
be decided through discussion and negotiation with an advisory committee of
First Peoples. The First People may work with scientific interests for a mutually
agreed upon time period and may have the remains re-interred in a manner consistent
with local traditional practices.
v) Museums that acquire human remains through any means must involve the
appropriate First Nations in the treatment and disposition of the remains.
vi) The retention of Aboriginal human remains for prolonged periods against
the expressed wishes of First Peoples is not acceptable.
</dir>b. Objects of Cultural Patrimony
The treatment, use, presentation and disposition of sacred and ceremonial objects
and any other objects of cultural patrimony should be decided on moral and ethical
grounds with the full involvement of the appropriate First Nations as equal
partners. In the event of disputes between individuals, between an individual
and the community or between communities, the onus should be on the First Peoples
to resolve the dispute according to customary practice.
Recommended options for this process include the following:
<dir>i) Restitution or Reversion. This includes the return to an originating
culture or individuals of any objects that are judged by current legal standards
to have been acquired illegally. This process involves the transfer or return
of legal title to an originating culture or individual from the museum, based
upon existing legal mechanisms for de-accessioning.
ii) Transfer of Title. Even in cases where materials have been obtained
legally, museums should consider supporting the requests by Aboriginal communities
and community-based Aboriginal museums for the transfer of title of sacred and
ceremonial objects and of other objects that have ongoing historical, traditional
or cultural importance to an Aboriginal community or culture. This involves
a case-by-case negotiations with the appropriate communities based on moral
and ethical factors above and beyond legal considerations.
iii) Loan of Materials. Museums should loan sacred and ceremonial objects
for use by Aboriginal communities in traditional ceremonies and community festivities,
based on mutual agreement on the use and time period in questions as well as
the risk to the physical object. Again, these decisions should be based on moral
and ethical considerations both from the perspective of First Peoples and from
that of museum conservation ethics (i.e. respect for the physical and historic
integrity of the object).
iv) Replication of Materials. Museums and First Peoples communities should
consider the replication of materials slated either for repatriation or retention
by the museum for the use of the other party. Negotiations should be guided
by moral and ethical considerations and the traditional knowledge and authority
of the First Peoples involved, as well as the scientific knowledge of academically
trained personnel.
</dir>
- Shared Authority to Manage Cultural Property.
<dir>In all cases museums are urged to share management of their collections
by involving the appropriate First Peoples in assisting to define access to collections,
to determine storage conditions and use of collections, and to recognize traditional
authority or individual ownership, systems of the originating culture.</dir>c.
Repatriation of Foreign Holdings. <dir>The CMA and the AFN are urged
to promote repatriation of human remains and objects of cultural patrimony held
outside the country, subject to the same criteria outlined above under 1&2,
through lobbying efforts in association with national governments, UNESCO, the
International Council of Museums and other professional organizations.</dir>