The legal and ethical aspects of the repatriation of indigenous remains: An analytical study on the international repatriation of 9 native-Brazilian human remains

This poster examines the legal and ethical complexities of international repatriation through a focused study of nine Brazilian Indigenous human remains currently housed at the American Museum of Natural History. While the United States’ NAGPRA provides a domestic framework for repatriating Indigenous ancestors, it does not extend to remains of non-U.S. origin, leaving international cases such as Brazil’s in a legal vacuum. To address this gap, the study employs a three-part methodology: coding AMNH’s Repatriation Policy Constitution, process-tracing of three comparative case studies (Haida Nation, Pasqua Yaqui and Tribu Yaqui, and Te Papa Tongarewa), and ethical principle assessments measuring the degree of justice, autonomy, and wellbeing afforded to descendant communities, museums, researchers, and the public. Findings reveal that while AMNH’s internal policies nominally allow for international repatriation, the language is vague and highly discretionary, creating significant barriers for Brazil. Among the comparative cases, the Te Papa Tongarewa framework emerges as the most ethically robust and legally adaptable, offering a model for Brazil to pursue repatriation through governmental leadership, UNESCO conventions, and culturally grounded protocols. Ultimately, this paper argues that the return of the nine Brazilian Indigenous remains demands not only legal negotiation but also ethical accountability, situating repatriation as a process of decolonization that restores dignity, cultural integrity, and historical justice to Indigenous peoples.