Read The Times Australia

Daily Bulletin

Who owns the bones? Human fossils shouldn't just belong to whoever digs them up

  • Written by: Renaud Joannes-Boyau, Senior research fellow, Southern Cross University

All humans alive today can claim a common ancestral link to some hominin. Hominins include modern humans, extinct human species, and all our immediate ancestors.

Recent discoveries of hominin remains, including the skull of a Homo erectus in South Africa, have generated high levels of interest from the public and scientific community alike.

Fossils hold invaluable information about human history. But digging deeper, there is much complexity around the question of what a “fossil” is, and who should be granted ownership of them. This is the topic of our latest research article published in the journal Heliyon.

Fossils fuel debate

The question of what qualifies as a “fossil” remains open. The Oxford dictionary defines fossils as:

the remains or impressions of a plant or animal embedded in rock and preserved in petrified form.

Who owns the bones? Human fossils shouldn't just belong to whoever digs them up Dinosaur poo can become fossilised. This is called a coprolite. Shutterstock

But this definition doesn’t encompass the broader use of the word. Eggshells or coprolites (fossilised excrement) are neither direct remains nor the impression of an animal or plant, but archaeologists often refer to them as “fossils”.

The process of fossilisation can start immediately after an organism’s death, and the term “fossil” isn’t attached to a specific time period or state of preservation.

The term also relates to the perceived value, uniqueness or rareness of remains (and what they may reveal). Given such a breadth of meanings, it’s unsurprising attempts to regulate the status of fossils are fraught.

Hands off my fossil!

There was lively debate surrounding the 2015 discovery of Homo naledi in the Rising Star cave near Johannesburg, South Africa. The public’s access to the site and its fossils drew heavy criticism from researchers. This raised the question: should fossil discoveries be freely available?

Who owns the bones? Human fossils shouldn't just belong to whoever digs them up The announcement of the discovery of Homo naledi fossils in 2015 in South Africa was met with mixed responses from the research community. GovernmentZA / Flickr, CC BY-ND

Generally, around the world a person who excavates a fossil is allowed to keep it. Not only that, they can conduct potentially destructive analyses on it, and grant scientific and public access to the information it reveals.

Such practices can generate “gentleman’s club” syndrome, wherein members of scientifically influential groups have a better chance of accessing important fossils. But despite being accepted practice in the field, the “finders keepers” approach is legally problematic.

Read more: Homo naledi may be two million years old (give or take)

Humans and human remains have a special status in most nations’ legal systems. While animals can be owned, humans can’t. Compounding this, the definition of “human” is itself contested, and this muddies the legal waters when it comes to discovering archaeological human remains.

For instance, recent DNA discoveries of interbreeding between Homo sapiens, Homo neanderthalensis and Denisovans – as well as the fact that Homo naledi and Homo floresensis existed at the same time as modern humans – indicates scientists struggle to reach a consensus on where the boundaries of “human” lie.

The definition of “human” can also be culturally ascribed. Many indigenous peoples including communities from Australasia and Africa recognise an ancestral connection to species not always classified as Homo sapiens.

So what should be done with the fossilised remains of extinct species that aren’t “human” in the sense of belonging to Homo sapiens, but are nevertheless our evolutionary ancestors?

Are human remains things to be owned?

In Australia, as in most common law systems, there can be no “property” in a human corpse. While both burial and exhumation are regulated, ownership of a corpse is not.

The export of “Class A” cultural heritage, which includes human remains, is prohibited under the Protection of Movable Cultural Heritage Act 1986. Also, Australian state legislation regulating the scientific use of human tissue (such as the NSW Human Tissue Act 1983) doesn’t require any consent for samples excavated before 2003.

On the other hand, Australia also has a national repatriation program for Indigenous cultural patrimony. This program seeks to restore stolen human remains and sacred objects to their original communities.

Cultural subjects

The tension between scientific interests and spiritual beliefs is apparent in the context of repatriating human remains to Indigenous communities.

While fossilised human remains hold significant scientific value, their symbolic and spiritual value can’t be ignored, particularly to communities that feel a connection to them. Human remains would be best described as both scientific objects and also cultural subjects.

Read more: Africa's rich fossil finds should get the air time they deserve

Some scientists view repatriation and reburial of human remains as a deliberate destruction of a “source of information” that belongs to global humanity.

On the other hand, historical injustices and the imbalance of power between colonial entities and Indigenous people stand against such arguments. As a result, the repatriation and reburial of human remains becomes inseparable from broader legal arguments advanced by Indigenous peoples today.

Human, hominin and hominid fossils are far more than just objects to be owned. In fact, they reside at a contested and poorly regulated scientific, cultural and legal intersection.

We need common standards for ownership, protection and access controls. One solution would be to establish an international delegation with key stakeholders including scientists, lawyers, community representatives and policy makers.

Ideally, this could exist under the umbrella of the United Nations Educational, Scientific and Cultural Organisation (UNESCO). Such a body could foster constructive dialogue on how we value human fossils, and how we assign them ownership.

Authors: Renaud Joannes-Boyau, Senior research fellow, Southern Cross University

Read more https://theconversation.com/who-owns-the-bones-human-fossils-shouldnt-just-belong-to-whoever-digs-them-up-140060

Business News

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

What Healthcare Teams Look for When Choosing Specialist Surgical Supplies

In clinical environments, small details rarely stay small. A delayed instrument, a poorly matched device or inconsistent supply quality can affect theatre flow, staff confidence and patient outcomes. ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...