Details

Autor(en) / Beteiligte

• Davis, Annie Rischard

Titel

THE CULTURAL PROPERTY CONUNDRUM: THE CASE FOR A NATIONALISTIC APPROACH AND REPATRIATION OF THE MOAI TO THE RAPA NUI

Ist Teil von

• American Indian law review, 2020-01, Vol.44 (2), p.333-367

Ort / Verlag

Norman: University of Oklahoma College of Law

Erscheinungsjahr

2020

Link zum Volltext

Quelle

Alma/SFX Local Collection

Beschreibungen/Notizen

• "4 Two countervailing points of view typically characterize the discourse surrounding repatriation: the nationalist approach and the internationalist approach.5 The nationalist approach is usually invoked by the claiming state, wherein "the claimed objects tend to become symbols of a lost past, which is extremely important to the formation of the modern nation's identity . . [...]the removal of such objects disrupts social justice: [t]he displacement of the visual image of a cultural object disrupts the collective memory of identity. [...]Part V will offer closing remarks on the nationalist argument in light of the layers of historical, cultural, and legal contexts surrounding contemporary indigenous groups' efforts for the repatriation of their cultural property. Historical Background A.Prehistoric Rapa Nui The island of Rapa Nui is located in the Pacific Ocean and is one of the world's most isolated inhabited islands, with its closest neighbor being Concepcion, Chile, over 2000 miles to the east.12 The island is 15.3 miles long and 7.6 miles wide at its widest point and has an area of 63.2 square miles.13 While exact historical data on the first inhabitants of the island is unknown, scientific data suggests the island was first inhabited as early as 300 CE, but the prevailing view is that inhabitants began arriving between 800 and 1200 CE.14 Mitochondrial DNA testing on prehistoric skeletons conducted in 2007 indicates the Rapa Nui people are of Polynesian origin.15 The social and political structure of the Rapa Nui people has traditionally been tribal, with independent tribal bodies called mata grouped into two confederations under the leadership of a chief called 'arikiau hanau.'16 The Rapa Nui language is classified as Eastern Polynesian and is still spoken widely by the Rapa Nui people.17 Early rock drawings (petroglyphs) of the language are believed to be etched in what are called Rongorongo records, which are still being studied and decoded.18 The island of Rapa Nui is composed entirely of volcanic rocks, which influenced many facets of life on the island.19 The construction of more than 800 moai illustrates the importance of the volcanic make-up of the island-and it provides for global recognition of the island itself. "32 The centuries of moai construction and transportation coincided with a climate favorable to agriculture, which resulted in a population increase for the island.33 Although the exact population numbers are unknown, some researchers estimate the population on the island reached as high as ten thousand people by the middle of the seventeenth century.34 A point of fascination and contention among academics who study the Rapa Nui people is the apparent dwindling of the island population and resources prior to European contact.